00-585;
OR�GI�AL
Presented By
Referred To
RESOLUTION
CITY OF SAINT P.
Council File # bp � C �5'
Green Sheet j ��� y�
Date
��
1 RESOLVED, that the licenses held by Metro Bar & Grill, Inc. d/b/a Amellia's for the
2 premises at 1183 University Avenue in Saint Paul (License ID# 54523} are hereby suspended
3 for a period of foriy-five days, fifteen of the days to be stayed, for the violations occurring on
4 September 23, 1999 and October 8, 1999 of the condition on the licenses requiring that there be
5 video surveillance cameras operating on the exterior of the building and that tapes be maintained
6 for seven days. The suspension shall begin on the third Wednesday following passage and
7 approval of this resolution
9 FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the
10 ALJ Report in this case dated May 3, 2000 are adopted as the written findings and conclusions of
11 the Council in this matter, except as amended below. The reasoning of the Memorandum of the
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ALJ attached to the findings and conclusions is not adopted. The recommendation of the ALJ for
dismissal of the adverse action against the licenses is also not accepted.
FURTHER RESOLVED, that the following amendments to the ALJ Report are hereby
adopted:
1. Finding of Fact No. 3 is hereby amended to read as follows:
1 - -- - -- - - - --- - - - --- -
:,a.:,.�::�,�:..:.�...-.�_:.: - - - - - - -- -
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. Conditions have been
27 holder. the nei�hbors, the police and LIEP, and have been desioned
28 to deal with problems caused bv patrons of Amellia's. These
29 restrictions include imposing a dress code on customers, requiring
30 picture identification, banning individuals from the premises,
31 screening music played on the premises for inappropriate content,
32 using a metal detector to exclude weapons from the premises, and
33 providing security to ensure orderly behavior on the premises."
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2. Finding of Fact No. 5 is hereby amended to read as follows:
"5. After agreeing to the condirions regarding the video
I•1
1 surveillance system, a manager at Amellia's developed a system to
2 be followed for tapin�. The first tape of the day would be started
3 when the establishment was opened for business, azound noon each
4 day. When that tape ran out, another employee inserted the second
5 tape. That tape would record until after closing. Tapes were kept
6 for a week and then reused for taping. Larry Allen testified that the
7 ta�es were not always started risht at openina, and that there was
8 no one empl'ovee responsible for insuring that the tape was
9 o�eratin�."
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5.
Finding of Fact No. 6 is hereby amended to read as follows:
"6. In August, 1999, Amellia Allen discovered that one of the four
surveillance cameras was not working properly. The camera
operated properly in daylight, but did not return a clear image at
night. The contractor who initially installed the system, Earl Allen,
was contacted in eazly August, and he examined the system
approximately one week later. The contractor concluded that a new
camera was required and it was ordered from the manufacturer in
California. 7erry Allen paid the contractor to order the camera on
August 13, 1999. The date that the camera was ordered by the
contractor is unknown. The failure to have this fourth camera in
workin2 order was not listed as a basis for adverse action."
Finding of Fact No. 7 is hereby amended to read as follows:
"7. The camera was delivered to Amellia's in early September.
The conuactor was notified that the camera had arrived. The
camera had sti]1 not been installed bv the October 7. 1999 date, and
testimony bv Jerry Allen at the hearine was that he did no follow-
up to see what the delav was in installina the camera."
Findin� of Fact No. 8 is hereby amended to read as follows:
38 "8. On September 23, 1999, a shooting incident occurred in the
39 alley behind Aruellia's. Testimony bv the�olice established that
40 the particioants had been oatrons of Amellia's eazlier in the
41 evenine. Sergeant Munoz of the Saint Paul Police Department
42 went to Arnellia's to obtain the videotape of the imagery captured
43 by the video surveillance camera. Ser�eant Munoz was informed
44 that there was no tape available for that evening. Larry Allen had
45 forgotten to put the second tape in that day."
46
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48
Finding of Fact No. 12 is hereby amended to read as follows:
49 "12. Neaz midnight on October 7, 1999, an altercation began
50 between patrons in Arnellia's. Those part3cipating in the
51 altercation were removed from the premises. The dispute
bo -S$,S
1 continued outside and someone fired shots. A car struck and killed
2 a pedestrian in the pazking lot of the estabfishment, and the body
3 was drag�ed into the middle of University Avenue at that time. A
4 large number of officers of the Saint Paul Police Department
5 responded to the scene."
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9 7. Conclusion of Law No. 5 is hereby amended to read as follows:
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"5. The Licensee is �
' .in
violation of the condition on its license relatin� to maintaining
tapes from the video surveillance cameras on both September 23,
1999 when no t�e was inserted and on October 7, 1999. when the
tape was not operated until after the police had been called. �ke
> > •
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00 -SS.S
8. Conclusion of Law No. 6 is deleted and a new Conclusion of Law No. 6 is adopted
to read as follows::
� �" �
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"6. The short time between the two violations, and the fact that
the second violation was within a week of Licensee beinQ notified
that LIEP would be takina adverse action based upon the first
violation reflect that the Licensee was not making serious efforts to
comply with the condition."
9. Conclusion of Law No. 7 is hereby amended to read as follows:
38
39 "7. There is �a a basis for taking adverse acrion against the
40 Licensee under See�iaris � 310.06(b)(5) °-'���^�o of the Saint
41 Paul Legislative Code for
42 sysfem- {ailure to com�lv with the condition on the license
43 requiring that video surveillance cameras be maintained in eood
44 workin� arder and that tapes from the cameras be maintained for
45 seven davs."
46
47
48 This Resolution is based on the record of the proceedings before the ALJ, including the
49 hearing on January 26, 2000, the documents and exhibits introduced therein, the findings of fact
50 and conclusions of law of the AL7 as referenced above, the written submissions by counsel for
51 the parties, and the azguments and statements of the parties and the deliberations of the Council
1 in open session on 7une 7, 2000.
2 ao �S$5
3 A copy of this Resolution, as adopted, shall be sent by first class mail to the
4 Administrative Law Judge, and to the Licensee's attomey, S. Mark Vaught. '
5
6 �
7
Requested by DepartmenC of:
sy:
Form Approved by City Attorney ,�
By: / ____y�°^^.�-C
Approved by Mayor for Submission to Council
HY � ' t '�� a ' j— � ' � � B y :
Approved by Mayor: Date L�YYG 1^7 r.pyQ
By !� ��C�2 \
Adopted by Council: Date e�� �Ob
Adoption Certified by Counci ecretary
oo-5gS
DEPARTMENT/OFFICFJC-0UNCiL GTE1NrtuTED
c�� June9 ,ZOOO GREEN SHEET No ���� -�"
� 266-8710 �""��`� �""""��'
u.ue,�m�row�cra, «n�w�ce
MUST 8E ON COUNCIL AGQJDA BY (DAl� '
AalIGN
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TOTAL # OF SiGNATURE PAGES (CUP ALL LOCATiONS FOR SIGNATURE)
tON REQUESTm
Resolution finalizuig City Council action taken June 7, 2000, conceming adverse action against all licenses held
by Metro Bar & Grill, Inc., dba Arnellia's, 1183 Uzriversity Avenue.
R COMMENOATIONApprove(A)wRejeG(R) VERSONqLSERYICECONTRA4TSMUSTAMSWERTt4EF�LLOWIN6QUE5SION5:
1. Has this persoMrrm ever wnrked uMer a coMract tw this departmeM?
PL4NNING CAMMISSION YES NO
CIBCOMMITTEE 2. MasthispewoNfrmeverbemacityempbyee7
CIVILSERVICECOMMISSION rES No
3. Dces this persoruTi�m possess a sidll not normallyp�seE by arry cu�eM cM1y employee'1
YES NO
4. Is this pe'soNfirm a}argeted vendoR
YES NO
Fxplain all yea ansxeis on upa2te shee[ aM attach to preen sheet
INITWTING PROBLEM ISSUE.OPPORNNI7Y(Who, What, When, Where, Why)
AOVAN7AGES IF APPROVED
DISADVANTAGESIFAPPROVED
DISADVANTAGES IF NOT APPROVE�
70TAI. AMOUNT oF TRANSACTION f CO3T/REVENUE BUDGEfED (CIRCLE ONE� YES NO
FUNOING SOURCE ACTNIIY NUMBER
FlNANCWLINFORMAiION(IXPWN) ��R1�,"'�� 13y�!!���
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Andy Dawkins
State Representative
Minnesota
po-5��
Disirict 65A
Ramsey County
House of
Representatives
COMMITTEES: TAXES: CIVIL LAW; JOBS AND ECONOMIC DEVELOPMENT
June 1, 2000
To Whom It May Concern:
Re: Arnellia's Restaurant, 1183 University Avenue, St. Paul
I live at 788 Charles Avenue, several blocks from Amellia's Restaurant. I represent District 65A
in the Legjslature, which includes Arnellia's Restaurant. I often go doorknocking on Sherburne
Avenue just to the north of Arnellia's.
I understand that a decision will be made regarding suspension of Arnellia's license to operate.
would like to offer my opinion that Arnellia's has been responsibly owned and managed to the
best of their abilities. I would encourage that the decision not be to suspend their license.
Sincerely,
�� `#�K.��Z�S
Andy Dawkins
State Representative
788 Charles Avenue St. Paul Minnesota 55104 (651) 224-6270
Siate Office Building, 100 Constitution Ave., St. Paul, Minnesota 55155-�298 (657) 296-5�58
�f House Fa�c (657 ) 296-4165 TTY (651) 296-9896
�ij� E-mail: rep.andy.dawkins@house.leg.state.mn.us
CITY OF SAINT PAUL
Narm Ca[em¢n, M¢yo�
Apri120,2000
NOTICE OF COUNCIL HEARING
Mr. S. Mazk Vaught
Attorney at Law
Six West Fifth Street, Suite 700
Saint Paul, Minnesota 55102
RE: Alllicenses held by Metro Bar & Grili, Inc. dlbla Arnellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Deaz Mr. Vaught:
SS
,�,� a � P ,
. .. ' �sv'
Please take notice that a hearing on the report of the Administrative Law 3udge concezning the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, May 10, 2000, in the
City Council Chambers, 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 azgument to the council at the
Heazing. 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 law in the exercise of its judgement and discretion.
Sincerely,
��� ,tita�j ��..
�c; ��
Virginia D. Palmer
Assistant City Attorney
ca Nancy Anderson, Assistant Council Secretary, 310 Ciry Hall
Robert Kessier, Director, LIEP
Christine Rozek, LIEP .
Cathy Lue, Community Organizer, Hamline Midway Coalition,
Paul, MN 55104
Cazoi Atkins, 633 N. Snelling Ave., St. Paui, MN 55104
OFFICE OF THE CITY ATTORNEY
Claytox M. Robinson, 7r., Ciry Attorney
80-5��
Civit Division
400 Ciry• Ha11 7eLephone: 651 266-87I0
ISWestKeIIoggB(vd Facrimile:651298-i619
Saint P¢ul, Minnuot¢ Si102
1564 Lafond Ave, St.
�c -S8S
9-2911-12640-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE GITY OF ST. PAUL
in the Matter of All Licenses Held by FINDINGS OF FACT,
Mefro Bar & Grill, Inc., d/b/a Arnefiia's, for CONCLUSIONS OF LAW
the Premises at 1183 University Avenue, AND RECOMMENDATION
Saint Paul, License 4.D. No. 54523.
The above-entifled mafter came on for hearing before Administrative Law Judge
Phyl(is A. Reha, acting as a hearing officer for the Saint Paul City Council, commencing
at 9:30 a.m. on VVednesday, January 26, 20��, a� tha Saint Paul City Hai!/Ramsey
County Courthouse, Room 41, 15 West Keliogg Bouievard, St. Pauf, Minnesota. The
hearing was held pursuant to a Notice of Hearing dated December 15, 1999.
Virginia D. Palmer, Assistant St. Pauf Cifij Attorney, 400 City Hall, 15 West
Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City's Office
of License, Inspections and Environmentai Protection (LIEP). S. Mark Vaught, Attorney
at Law, Six West Fifth Street, Suite 700, Saint Paul, M+nnesota 55102-1412, appeared
on behalf of the Licensee (hereinafter "Arnellia's" or "Licensee"). The record cfosed on
March 7, 2000, with the receipt of the last post-hearing submission.
NOTICE
This Report contains a recommendation and not a fina{ decision. The f+nal
decision wiil be made by the Saint Paul City Council, which may affirm, reject, or modify
the Findings and Conclusions contained herein. The Council will consider the evidence
in this case and the Administrative Law Judge's recommended Findings of Fact and
Conclusions, but wil{ not consider any factual testimony not pseviously submitted to and
considered by the Administrative Law Judge. The Licensee wiif have an opportunity to
present oral or written arguments regarding its posifion on the recommendation of the
Administrative Law Judge in the application of the law or interpretation of the facts and
,;,ay presert a�y�ment related to its positi�n. The CounciPs decision as to what, if any,
adverse action shafi be taken wili be by resolution under § 310.05 of the St. Pauf
Legislative Code. To ascertain when the Council will consider this matter, the parties
shoufd contacf the Saint Paul City Council, Room 310, St. Paul City HaII/Ramsey
County Courthouse, 15 West Keflogg Boulevard, St. Paul, Minnesota 55102.
STATEMENT OF ISSUES
The issues in this matter are whether Licensee violated conditions on its license
by failing to maintain video survei(lance of the exterior of the licensed premises and
faiiing to record that imagery, and, if so, what penalty is appropriate.
Based upon ail of the files, records and proceedings herein, the Administrative
Law Judge (ALJ) makes the following:
Go-S8S
FiNDiNGS OF FACT
1. Metro Bar & Grill, 4nc. is a corporation doing business as Arnellia's at 1183
Universifij Avenue, Saint Paul, Minnesota 551�4. The corporation is owned by Arnellia
Allen. Arnellia's has an Entertainment (B) license, a Gambling Location (B) license, a
CigarettelTobacco license, and two Liquor On-Saie iicenses. Arneilia's licenses remain
valid pending the outcome of this proceeding. The business is owned by ArneNia A11en.
The manager is her son, Jerry Aflen. Jerry A41en's brother, Larry Allen,� is employed by
Amellia's to provide security.
2. Arnellia's is located directiy on Universify Avenue. To the west on that block
is Antiqiaes Minnesota. To the east side of Arnellia's +s a parking lot and fhe Midway
Car Wash. To the north side is an alley with some parking and a dumpster. Four
external video cameras have been in place on the building fior approximately six years.
One camera �rovides a view of the fran± d.00r on ±he south side ef the b�ilding, one
camera observes the north side around the back door of Arnellia's (near the dumpster),
and the ather two cameras provide difFerent angles of the parking lot on the east side of
the buifding. Signs posted on the build±ng state that video surveiilance is being
conducted. The video cameras send images to a monitor, which displays a picture for
each camera together on the same screen.
3. The area in the vicinity of Arnellia's is subject to frequent poiice calis and
significant leveis of crime. To address these neighborhood problems and prevent any
exacerbation of those probiems, Arnel4ia's operates its business under a number of
restrictions that have been in place for years.� These restrictions include imposing a
dress code on customers, requiring picture identification, banning individuafs from the
premises, screening music piayed on the premises for inappropriate content, using a
metai detector to exclude weapons form the premises, and providing security to ensure
orderiy behavior on the premises.
4. In May, 1999, a man was shot and killed whife in a car parked in front of the
Midway Car Wash. In response to that killing, management at Arnellia's met with the
Saint Paul Police, LlEP, and community representatives fo determine what additional
efforts could be made to address violent acts in the vicinity of Arnellia's. The Licensee
agreed to add taping equipment to its existing video surveil(ance system. This
additional condition became effective on Jufy 8, 1999 and states:
licensee holder will maintain in good working order at ieast 4 video
surveiflance cameras on the exterior of the building to constantly monitor
the exterior of the premises. Tapes must be maintained for 7 days 3
5. After agreeing to the conditions regarding fhe video survei(lance system, a
manager at Arne{fia's developed a system to be folfowed for taping. The first tape of the
' The entire list of restrictions, identifled as condikions on Arnellia's 4icense, is attached as Appendix A.
The fist of conditions includes the subsequently agreed-to conditions regarding the video cameras.
2 Midway Car Wash is focated at 1169 University Avenue.
3 Exhibit 2.
2
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day wouid be started when the establishment was opened for business, around noon
each day. When that tape ran out, another employee inserted the second.tape. That
tape would record until after closing. 7apes were kept for a week and then reused for
taping.
6. in August, 1999, Arnel(ia Ailen discovered that one of the four surveiflance
cameras was not working proper(y. The camera operated properiy in daylight, but did
not return a clear image at night ° The contractor who initialiy instailed the system, Earf
Allen, was contacted in early August, and he examined the system approximate{y one
week later. The confractor concluded that a new camera was required and it was
ordered from the manufacturer in California. Jerry Aiien paid the contractor to order the
camera on August 13, 1999. The date that the camera was ordered by the contractor is
unknown.
7. The camera was de�ivered to Arnel(ia's in eariy September. The contractor
was notified that the camera had arrived.
8. On September 23, 1999, a shooting incident occurred in the alley behind
Arneilia's. Sergeant Munoz of the Saint Pauf Police Department went to Arneliia's to
obtain the videotape of the imagery captured by the video survei{lance camera.
Sergeant Munoz was informed that there was no tape available for thaf evening. Larry
Alien had forgotten to put in fhe second tape on that day.
9. Arneflia's responded to the failure to tape by modifying its system of taping.
tonger duration videotape was purchased, the employees responsible for the system
were instructed to make certain that a tape was in the machine, and the system of
retaining videotapes was modified.
10. On September 30, 1999, the Saint Paui City Attorney's O�ce issued a
Notice of Violation to Arneilia's. The Notice indicafed that on September 23, 1999, the
Licensee failed to have its video cameras on and taping and that constitutes a violafion
of the video surveillance condition on Ameilia's license. No citation was made in the
Notice of Violation to what provision of the Saint Paul Legfslative Cade was alleged to
have been violated and no suggested penalty was indicated.
11. On October 7, 1999, Larry Allen was working the evening shifE at
Arnellia's. At about 8:00 p.m., Larry Aiien switched the videotape for the tape that had
been recording since Arnei4ia`s opsned that morning. When he activated the video
recorder, he inadvertentfy pressed the "play" buttbn rather than the "recard" buttan.
12. Near midnight on October 7, 1999, an altercation began betv��een patrons
in Arnellia's. Those participating in the altercation were removed firom the premises.
The dispute continued outside and someone fired shots. A car struck and killed a
° The image retumed by that camera at night would only show objects wifh their own iliumination, such as
automobile headlights and taillights.
5 Eari Ailen is no relatfon to Amellia AI4en, Jerry Al;en, or Lsrry Ailen. -
6 Exhibit 5.
�
�� _ S�S
pedestrian in the m+ddle of University Avenue at that time. A large number'of officers of
the Saint Paul Police Department responded to the scene.
13. Larry Alien had been observing the incidenf outside Arnellia's. He went in
to check on the v'sdeotape system and noficed for the first time that eveni�g thaf fhe
recorder had been set to piay, rather than record. He immediately stopped the tape and
began recording. An officer of fhe Saint Pauf Pofice Department entered a few minutes
later and requested the videotape. Larry Allen gave the officer fhe videotape.
14. in mid-October, the contractor returned to Arnellia's and instailed the new
camera. The instal(ation of fhe new camera allowed nighttime images from a second
angle in the parking lot to be recorded on the VCR.
15. As a resuit of the October 7 error in operating the VCR, Arnel�ia's again
modified how the videotaping system was to operate. A three-week rofation of
videotape was instituted. Each staff member at Arnelfia's was instructed to check the
operation of the VCR throughout the work shift. Any staff member observing anything
unusual about the monitor or VCR is instructed to report to the manager on duty.
16. On November 10, 1999, the Saint Paul City Attorney's Office issued a
Notice of Second Violation to the Licensee. The Notice stafed that on October 7, 1999,
Arnel{ia's failed to have its video cameras on and taping and that constitufes a viofation
ofi the video surveillance condition on Arnellia's license.' No citation was made in the
Notice of Violation to what provision of the Saint Paul Legisiative Code was alfeged to
have been violated and no suggested penalty was indicated.
17. On December 15, 1999, the Assistant City Attorney, Virginia D. Paimer,
issued a Notice of Hearin� in this matter. The Notice of Hearing identifed the hearing
date as January 26, 1999.
18. The misidentification of the date of the hearing in the notice of this matter
did not cause any confusion for Licensee. Licensee was not prevented from fully
participating in the hearing due fo the erroneous date.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIdNS
1. The Administrative Law Judge and the Saint Paul City Council have
authority to consider the charges against the respondent and the penalty, if any, that
should be paid the city pursuant to Sec. 310.05 of ths St. Pau{ L�egislative Code.
� Exhibit 9.
$ Exhibit 10.
0
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2. LIEP has substantially compiied with ail relevant substanfive and procedurai
legai requirements.
3. The Licensee received adequate and�timely notice of the hearing and of fhe
charges against it.
4. LIEP has the burden of proof to establish, by a preponderance ofi the
evidence, that fhe respondent vio{ated the conditions of its licensure. •
5. The Licensee is in substantial compliance with the conditions of its license
through the instaliation and operation of a videotaping system attached to its video
surveillance cameras. The failure to record the images captured by the video
surveillance cameras outside the licensed premises on September 23 and October 7,
1999, was inadvertent by the Licensee.
6. The efforts made by the licensee to repair the malfunctioning camera
comp4ied with the conditios+ that four video cameras be "maintained in good working
order" outside the business premises.
7. There is no basis for taking adverse action against the Licensee under
Sections 310.06(b)(5) and 409.10 of the Saint Paul Legislative Code for the operation of
its video surveillance system.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
foliowing:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: That the Saint Paul City Council DISMISS the
action against the licenses heid by Metro Bar & Grill, lnc.
Dated this �-�day of Aprii, 2000
��� � � ��-
; ,:,. . �
PHYLLI A. REHA �" '
Administrative Law Judge
Reported: Taped, three tapes
MEMORANDUM
Three incidents of violence are the motivation for bringing this action against the
Licensee. A killing in May, occurring in front of the business next door; a shooting in
September, occurring in the alley behind the business; and a shooting in Ocfober,
5
pa — S,�s
resulting in a pedestrian being struck by a car and kilied. There is no evidence in the
record of this matter that any of these incidents took place on the licensed premises.
in response to the May kiliing, the conditions under which Arnellia's operates
were reconsidered. Conditions regarding video sunreillance were added. The fanguage
of the new condition itself is ambiguous, since fhaf language does not expressly require
that the imagery captured by the exterior video surveillance cameras be recorded.
There is no dispute, however, that bofh L1EP and Arneilia's understood the condition to
require the addifion of a VCR and recording the imagery from those cameras.
The record in this matter is clear that Arnellia's implemented the new requirement
consistent with its agreement. At first, tapes of six and eight hours in duration were
used to cover the fourteen hours per day that Arnellia's is open. After a period of trial
and error, Arnellia's discovered that additional time was needed to ensure that the
videotaping covered the entire time the establishment was open. Arneilia's then
switched to two eight-hour tapes per day. During this period stafF discovered, aiso by
trial and error, that the extended piay option must be selected to ensure that the eight-
hour tape covers ali eight hours." No one at Arnefiia's was able to set ihe date and
time feature on the VCR.
The second act of violence near Arnellia's was a shooting that took place in fhe
alley behind the building on September 23, 1999. The victim in that incident was struck
in the foof. The Saint Paul Police sought the videatape from that evening to assist in
their investigation of the incident. There was no tape from that evening, since Larry
Alien had forgotten to put a tape in the VCR. Arnelfia's responded to the error by
reviewing the system that had been established for videotaping, adjusting that system to
ensure that the VCR was being activated at the appropriate times, and reminding the
responsibfe empfoyees that the taping was a requirement.
The third act of violence occurred on October 7, 1999. At approx+mately 8:00
p.m. on that date, Larry Allen changed the videotape in the VCR for the evening. He
inadvertently pressed the wrong button on the VCR after inserting the new tape.
Around midnight, an alfercation started in Arneilia's. in accordancs with the
establishmenYs policy, the participants were ejected from Arnefiia's. Those persons
continued their dispute outside and shots were fired. A car then struck a pedestrian in
University Avenue and that pedestriar� was killed.
After seeing the events outside, Larry Allen went to check on the VCR. At that
time he discovered that it was in "play" mode, rather fhan "record" mode. He
immediately began recording. At the hearing in this matter, Larry Alien acknowledged
his mistake.
LIEP maintains that violation of any condition is sufficient to take adverse action
against Arnellia's license. The serious consequences on September 23 and October 7
are asserted to be justification for a penalty of sixty days suspension. Arnellia's points
9 Several witnesses suggested that the automobile striking the pedestrian was exiting Arne4lia's parking
lot.
10 While Condition 11 states that the cameras must monitor the exterior continuously, both Arnellia's and
LfEP understood the taping requirement to be only during business hours.
" The ofher option, standard piay, provides better video qua(ity but much sho�ter duration.
�
Do — S8S
out fhat there is no evidence that any videotape from either evening would have
prevented the incidents or materially aided the Saint Paul Police in their subsequent
investigations. �
Section 310.06(b)(5) authorizes adverse action be taken against a licensee when
the licensee fails to comply with any condition of ths license. Section 409.10 sets out
the standards to apply in adding conditions to licenses as follows:
Sec. 4�9.1a. Restrictions on ticenses.
When a reasonable basis is found by the council to impose reasonable
restrictions upon a licsnse held under this chapter, the councif, upon
issuing a new license or renewing a license or approving a transfer of a
license, may impose reasonable conciitions and restrictions pertaining to
the manner and circumsfances in which the business shall be conducted
to preserve ihe pub(ic peace and protect and promote good order and
security. These reasonable conditions or restrictions may pertain to:
(1) A limifation as to the hours when intoxicating liquor may be sold and/or
consumed on the licensed premises;
(2) A limitation and restriction as to the exact iocation within a building
where intoxicating {iquor wiii be served andlor sold andlor consumed;
(3) A limitation and restriction as to the means of ingress to or egress from
the iicensed estabiishment;
(4) A requirement that certain off-street parking facilities be provided;
(5) A condition that the license wili be in effect only so long as the
estabfishment remains a drugstore, restaurant or hotei as defined by the
state liquos act or regulations adopted pursua�t thereto;
(6) A limitation and restriction as to the means and methods of advertising
the safe of intoxicating liquor on fhe buiiding andlor on the premises
adjacent thereto;
(7) Reasonable conditions limiting the operation of the licensed premises
so as to ensure that the licensed business wifl comport with the character
of the district in which it is located and/or to the end that nuisances will be
prevented;and
(8) Addifionaf condifions upon hotels and restaurants which may in the
discretion of the ccuncil tend to insure that the sale of liquor will iake piace
only in conjunction with the saie and service of fiood.
The one repeated standard throughouf the section is that any condition imposed
on a ficensee must be "reasonabie". 7he condition at issue in this matter falis under
item 7, which is the imposition of "reasonable conditions limiting the aperation of the
licensed premises ... fo the end that nuisances will be prevented."' Rdverse action can
certainly be taken against a licensee for any unreasonabie fiailure to meet a condition
12 Saint Pau! Legislative Code Sec. 4�9.10.
7
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requiring videofaping. Conversely, where a licensee has a reasonable excuse for that
failure, adverse acfion is inappropriate.
{n each instance where the videotaping system was fiound to be faulty, action
was taken by Arnellia's to improve fhe system. VCRs are not "fool-proof' technoiogy,
and gaps in recording are inevitable. The Licensee has demonstrated substantial
compliance with the {icense condition and the two instances of noncompiiance were
inadvertent. The degree of ongoing compliance is demonstsated by the ofher material
on the tape provided to the Saint Paui Poiice Department on October 7, 1999.
LIEP asserts that violations of the license condition are established by the failure
of Amellia's to ensure that the correct date and iime are imprinted on the recording.
There is no such requirement in the conditions estab{ished for ArneNia's. Adverse
action cannot be taken against the Licensee for faifing to properly set the date and time
of the VCR, absent some undersfanding tha± such cond�ct is required.�
Having one video camera malfunction is also cited by LIEP as a violation of the
license condition. The ob4igation in the license condifion to "maintain in good working
order" four video surveiliance cameras assumes thaf the technology will periodically
maifunction and need to be fixed. The measure of compliance is not whether any of the
cameras are broken, but whether prompt action +s taken to repair them. In this matter,
the Licensee was prompt and a contractor was dilatory. The Licensee met the
requirement that the video surveillance system be maintained.
"This standard of conduct is reflected in other Iicense actions invo(ving entertainment establishments.
For example, in assessing whether adverse action was appropriate where female dancers "went topless"
without a bar owners knowfedge, Administrative Law Judge Peter Erickson stated:
This case is not so much one where critical issues of fact must be determined, but rather one in which
the penalty must be appropriate to the violation. This case wouid be much different if, when Mr.
Jensen had seen that the dancers were topiess, he had immediately taken action, wfiether or
not successful, to curb the topiess activities. However, Mr. Jensen decided that he could do
nothing at that time and it was not until after O�cer Nohr became involved that Mr. Jensen put an end
to the topless behavior. Additionaffy, Mr. Jensen could have instructed his bouncers and other
employees regarding the law on nudify and told them to enforce the prohibition if any of the dancers
decided undress. Atthough Mr. Jensen was not aware that the show would be topless, he is not
btametess for the resulting nudity which continued until after Officer Nohr arrived. However,
Mr. Jensen's good faith efforts to ensura that the show would not be topless before ever
pooking it shou4d be give� great weight.
Cify of Coleraine v. Hariey Jensen, dfb/a Harley's Hui 1I, OAH Docket No. 4-2101-5430-6
(Recommendation issued Aprii 23, 1991)(emphasis added).
14 The time stamp on the tape provided is October 30, 1989, and that tape-records the entire evening's
events outside of Arnellia's. With the rotation of tapes described by Arnellia's, the ne� time stamp that
wouid 6e imprinted on that particular tape is November 7, 1989. At about the midd(e of the tape
(approximately four hours at extended play}, the scene changes to the events on October 7, 1999, and
the time stamp changes to November 7, 1989. 7he new date and imagery lasts only a few minutes,
which is consistent with the police officer receiving the tape that night. These facts support the testimony
of larry Al1en that the tape was inserted according to the procedure, but that the "piay" button was
inadvertentiy pressed.
t5 As discussed above, the language of the license condition faits to expressly require taping, much less
requiring accurate time stamps. There was no understanding between Arnellia's and LfEP that the VCR
must imprint an accurate time stamp to meet the license condition.
�
�7.,a��r-z
RoberE Kessler, Director of LIEP, festifisd fhat the purpose of the video
surveiiiance license condition was:
This establishment attracts people that (sic) are prone to viofence. And
that we have a responsibility to do everything we can to prevent that from
happening. And the conditions were designed, especially with fhe
conditions in regard to the cameras, fo send a message to those peop(e
that practice violence that they will be watched and that we will have
recards that wili protecf the public. Secause of the lack of good
management practices at that establishment, those records are not
avaitable and 1 think as a resuit, the message is that they can get by with
these k+nds of acts af that esfablishmenf without having to pay the price.
There is no way for anyone outside ihe establishment to know whether
videotapes are being recorded at a�y particular moment. The video cameras and signs
warning about surveilfance are praminently displayed. Each of the three incidents that
prompted action concerning the Licensee occurred off of the licensed premises.
Possession of a business license does not grant police power to control the actions of
persons outside of the licensed premises. 7he purpose of "sending a message" to
persons outside the controi of the ficensee is accompfished by the visible indicia of
video surveil(ance.
The efforts made by Arneflia's to prevent a nuisance condition in the vicinity of its
business are reasonable. Maintaining videotape generated by surveillance cameras
does not reiate to the ongoing business of the Licensee, but merely aids in the
subsequent investigations by po{ice. The inadvertent faifure, on two occasions, to
record the video camera imagery from outside the premises does not rise fo a failure to
comply with the conditions on Arneiiia's ficense. The actions taken to replace a
malfunctioning camera were reasonable. Arnellia's has demonstrated by a
preponderance of the evidence that it was in substantial compliance with ifs license
conditions. LIEP fai{ed to demonstrate that Arneflia's has faiied to compfy with the
conditions on its license. Therefore, the Administrative Law Judge recommends that
this matter be DfSMISSED.
_��
16 Hearing Testimony, Tape 1.
�
Oo-S�S
Appendix A
EFFEC7IVE 07/OS/99:
1. Dress Code: Amellia's agrees to continue to enforce a dress code for customers
designed specificatly to prevent patrons or cusYomers from concealing weapons or
contraband inside baggy c(ofhing or wearing gang a�liated coiors.
2. Adherence to Strict Identification Requirements: Amellia's wili require proper picture
identification from anyone who appears to Be you�ger than 30 years old. Those without
proper identification shall be denied entrance.
3. increase Communication with Police and Neighbors: Arnellia's shall initiate and
maintain regular communicatio� wifh the west sector team police commander or his
designee, and licensing officiais, Christine Rozek and Kristina Schweinler. Meetings
shali include neighborhood organizations to the extent possible.
4. Controi Music Type and Format: Arne{{ia's shall continue to be responsibie for
screening out music that promotes or glorifies violence and nefarious or anti-social
behavior.
5. Arnellia's management and security personnei wiii insure that patrons do not leave
enmasse, but rather, management and secuirty will encourage patrons to Ieave in an
orderty and controlled manner between 12:30 a.m. and 1:15 a.m.
6. The pubiic telephones shali not affow incoming calis, nor any calls to or from electronic
beepers or pagers.
7. Arnellia's shaA maintian a list of all patrons who have been banned from the
estabfishment, and this list shall be strictly enforced by Arne(lia's. Such list shall inciude
proper identification of that person, photograph and a notice of trespass. This notice
should be in triplicate with one copy goinq to each ofi the fiollowing; 1) Maintained by the
establishment; 2) LIEP; 3) the individual being ba�ned. Once banned, a person wiil
remain 6anned for a minimum of one year. Arneflfas will cooperate with police in filling
out trespass notice(s).
8. Arnellias shall continue to provide security personnel to promote the orderly behavior of
patrons on and ieaving the premises. The premises shali inciude the area immediately
adjacent to the establishment. Special attention will be paid to encouraging patrons to
leave the area.
9. AII employees and security personnel information shalf be provided to LIEP for
background checks.
10. Arnellla's wili employ the use of a metal detecting devices to ensure there are no
weapons on the premises. ,
11. Licensee holder wiil maintain in good wvrking order at (east 4 video surveiifance cameras
on the exterior of the buiiding to constantiy monitar the exterior of the premises. Tapes
must be maintained for 7 days.
12. A video surveillance camera shalf be maintained in good working order in the interior of -
the estab{ishment to monitor cusfomers as they enter the estabiishment. Tapes must be
maintained for 7 days.
13. Signage shall be posted on the exterior of the building to notify patrons that the area may
be under video surveiilance.
14. Security personnel wili be on duty daily from 8:0o p.m. unti( cfosing.
15. Back door wili remain locked after 5:30 p.m. to prevent entry.
16. The Iicensee will iock the door of the establishment at 12:30 a.m. No additional patrons
will be alivwed entry after thai time.
17. Conditions reviewed at renewal.
10
OFFICE OF TF� CITY ATTORNEY
Claylon M. Robinson, Ja, CityAtto�ney
CITY OF SAINT PAUL
Norm Coleman, Mayor
Civi! Division
4D0 Ciry Hat!
1.5 Li'estKelloggBh•d.
Saint Paul, Minnesota 55101
bo— S.4S
Telephone: 651266-87l0
Facsimile: 651 298-� 619
May 3, 200�
S. Mazk Vauaht
Attorney at Law
Six West Fifth Street, Suite 700
Saint Pau1, Minnesota 55102
RE: All licenses held by Metro Bar & Grill, Tnc. d/b/a Arnellia's fQr the premises at 1183
University Avenue in Saint Paui
License ID #: 54523
Dear Mr. Vaught:
Enclosed and served upon you please find the City's Exceptions to the Findings of Fact,
Conclusions of Law and Recommendation of the Administrative Law 3udge in the above-
referenced matter. As you know, this matter is scheduled for hearing before the Saint Paul City
Council on Wednesday, May 10, 2000, af 530 p.m. in the City Council Chambers, 3T' Floor,
Saint Paul City Hall and Ramsey County CoLrthouse.
Sincerely,
� �
��� � �
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director of LIBP
Christine Rozek, Deputy Director of LIEP
Cathy Lue, Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue,
Saint Paui, NIlV 5� 104
L.'o- SSS
STATE OF MINNESOTA
OFFTCE OF ADMINISTRATIVE HEARINGS
FOR TI� CITY OF SA1NT PAUL
In re the licenses held by Metro Bar &
Crrill, dlb/a Arnellia's
CITY'S EXCEPTIONS TO
THE REPORT OF TF� ALJ
The City of Saint Paul, acting duough its Office of License, Inspections and
Environmental Protection, files the following exceptions to the report of the Admuustrative Law
Judge, dated April 4, 2000, and filed thereafter with the City Clerk.
I. Exceptions to Findings of Fact.
A. Findine 3: The finding neglects to state that the conditions piaced on Amellia's
license aze ali restrictions designed to prevent problems caused by patrons of Arnellia's, not
simply crime in and around the neighborhood.
B. Findina 5: This finding shouid include a finding that the testunony of Larry Alien
indicated that the time at which tapes were started was inconsistent, and that taping did not
always start when the premises were opened.
C. Findin� 5: This finding is factually true but irrelevant, as the fact that only thzee
cameras were properly working was not a basis for adverse action at the hearing.
D. Findine 7: Same exception as C, above.
E. Findine 8: This finding should include a finding that the participants in the shooting
incident had been patrons of Arnellia's eazlier in the evening.
F. Findind This finding should include a finding that the pedestrian was struck in the
parking lot and dragged into University Avenue.
IT. Exceptions to Conclusions of Law.
A. Conclusion 5: This Conclusion is erroneous in that the recording and maintenance of
the tapes was an integral part of the condition requiring surveillance cameras outside the
building. Neither of the incidents in which the tapes were not available resulted from
malfunctioning of the equipment, but were due to the empioyee of Arnellia's not putting tapes in
the machine or activating the record button as required.
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B. Conclusion 6: This Conclusion should be deleted as it is irrelevant. The fact that the
fourth camera was not in working order was not raised as a ground for adverse actiori in either
Notice of Violation, nor in the Notice of Hearing.
C. Conclusion 7: This is enoneous, in that there is a basis for taking adverse action
against the Licensee under Saint Paul Legislauve Code §310.06(b)(5), which states that adverse
action may be taken where the "licensee or applicant has failed to comply with any condifion set
forth in the license."
III. Exceprions to Recommendation.
The recommendation made by the ALJ is excepted to and the Council urged not to follow
it. The recommendation for dismissal is based upon the finding that the failure to record tapes
was not a material violation of the condition that surveiliance cameras be installed and tapes be
maintained for seven days. The memorandum attached to the Report states that the language of
the condition is axnbiguous. [1'age 6]. It is di�cult to understand where the ambiguity is in a
condition which requires tapes to be maintained for a period of seven days. There would be little
point in requiring the establishment to maintain tapes, if taping were not a requirement. The
licensee never claimed that the condition itself was ambiguous nor tbat they did not understand
that the cameras were to be recording. To find that the failure to tape on two occasions does not
constitute a violafion of the conditions of the license is sunply incomprehensible.
The Administrative Law Judge also states that "three incidents of violence aze the
motivation for bringing this action against the Licensee. *** There is no evidence in the record
of this matter that any of these incidents took place on the licensed premises." [Page 5-6]. In
actual fact, an incident of violence did prompt the nnposition of the license condition, but the
moUvation for bringing the action was that the Licensee was not complying with the condition
she had agreed to. It was during the police investigafions of the two subsequent violent
incidents, that it became clear that the condition was not being followed. There is evidence in
the record that both the September 23, 1999 and October 7, 1999 incidents involved patrons of
Arneilia's. The September 23, 1999 mcident was directly behind the establishment in the alley,
just off the premises and the October 7, 1999 incident began in the parking lot, as the report notes
in a footnote.
The memozandutn states on page $"In each instance where the videotaping system was
found to be faulty, action was taken by Amellia's to improve the system. VCRs are not "fool-
proof' technology, and gaps in recording are inevitable." There was no evidence that either
instance in which the taping was not done was related to a faulty VCR. While the technology
may not be foolproof, neither failing to put a tape into the machine nor failing to properly record
are "inevitable" problems that must be accepted.
The memorandum of the ALJ also states that the malfunction of one of the four video
cameras was clauned to be a violation of the license condition, as was the failure of Arnellia's to
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ensure that the correct date and time aze imprinted on the recordings. [Page 8]. This is absolutely
incorrect. The position of the Office of LIEP, which was put forth in the City's written final
argument, which is attached hereto and which the Council is urged to read, was that the two
occasions on which the establishment was asked for tapes of events, they were unable to produce
them because there was either no tape in the machine, or the machine was not recording. Both
incidents, occiuxing in a two week period, involved violent incidents directly outside the licensed
establishxnent and involved people who had eazlier been patrons of Ameliia's.
The memoranduzn also goes on to state that: "Possession of a business license does not
grant police power to control the actions of persons outside of the licensed premises." [Page 9]. It
is not cleaz what the ALJ means by this statement, but it is clear that possession of a business
license does carry with it the duty to take all reasonable steps to control the adverse
consequences of patrons of the establishment, and the City does have the authority to impose
conditions on a business license. In this instance, the City imposed, with the consent of the
Licensee, the condition that required taping of the outside of the premises. The Licensee agreed
to the condition, and then failed to comply with it. The City need not pzove that the Licensee
deliberately failed to tape on the rivo dates in question, only that they did fail to tape. . No
reasonable excuse was offered for failing to comply witl� the requirement - there was no
mechanical failure, no flaws in the tape used, nothing but a failute to put a tape in the V CR on
one occasion and failure to hit the record button on the second occasion. To dismiss these
violations would send the wrong message to this Licensee and every other establishment required
to have surveillance cameras and maintain the videos.
TV. Amended Findings, Conciusions and Recommendation.
Attached hereto aze proposed amended findings and conclusions and recommendation
which aze prepared for use in lieu of those contained in the ALJ Report. The undersigned urges
that the Council adopt all the Findings and Conclusions of the AL7 except those for which an
Amended Finding or Conclusion is proposed, reject the Recommendation and reject the
Memorandum in its entirety.
Subrrutted this 3T day of May, 2000.
� ��`•
� l., ,-�..�
Virgini . Palmer
Assistaut City Attorney
400 City HalUCourthouse
Saint Paul, MN 55102
(651)266-8710
Attorney Registration # 128995
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AMENDED FINDINGS AND CONCLUSIONS
I. Amended Findings of Fact:
A. Axnended Finding of Fact 3:
3.
� •,
,
. Conditions have been placed on the licenses for Arnellia's for
a number of vears. The conditions have been the result of discussions with the license holder.
the neiehbors, the�olice and LIEP. and have been desi�ned to deal with problems caused bv
patrons of Arnellia's. These restrictions include imposing a dress code on customers, requiring
picture iden6ficarion, bamiing individuals from the premises, screening music played on the
premises for inappropriate content, using a metal detector to exclude weapons from the premises,
and providing security to ensure orderiy behavior on the premises.
B. Amended Findin¢ of Fact 5:
5. After agreeing to the conditions regarding the video surveiliance system, a
manager at Arnellia's developed a system to be followed for taping. The first tape of the day
would be started when the estabiishment was opened for business, around noon each day. When
that tape ran out, another employee inserted the second tape. That tape would record until after
closing. Tapes were kept for a week and then reused for taping. Larrv Allen testified that the
tapes were not alwavs started ri hg t at openin¢, and that there was no one employee responsible
for insuringthat the ta�e was operatine.
C. Amended Finding of Fact 6:
6. In August, 1999, Arneliia Allen discovered that one of the four surveillance
cameras was not working properly. The camera operated properly in daylight, but did not return
a cleaz unage at night. The contractor who initially installed the system, Eari Allen, was
contacted in eazly August, and he examined the system appro�mately one week later. The
contractor conciuded that a new camera was required and it was ordered from tbe manufacturer
in California. Jerry Allen paid the contractAr to order the camera on August 13, 1999. The date
that the camera was ordered by the contractor is uuknown. The failure to have this fourth caruera
in workin� order was not listed as a basis far adverse action.
D. Amended Findine of Fact 7:
7. The camera was delivered to Arnellaa's 1n early September. The contractor
was notified that the camera had arrived. The camera had still not been instalied by the October
�
�e -.s�s
7. 1999 date, and testimony bv Jertv Allen at the hearin� was that he did no follow-up to see
what the delav was in installina the camera. ,
E. Amended FindinQ of Fact 8:
S. On September 23, 1999, a shooting incident occurred in the alley behind
Arnellia's. Testimonv bv the police established that the participants had been natrons of
Arnellia's earlier in the evenin�. Sergeant Munoz of the Saint Paul Police Department went to
Amellia's to obtain the videotape'of the nnagery captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for that evening. Larry Allen had
forgotten to put the second tape in that day.
F. Amended Findin� of Fact 12:
12. Near midnight on October 7, 1999, an altercation began beiween patrons in
Arnellia's. Those participating in the altercation were removed from the premises. The dispute
continued outside and someone fired shots. A car struck and killed a pedestrian in the pazking lot
of the estabiishment, and the bod�, was draP�ed into the middle of University Avenue at that
time. A lazge number of officers of the Saint Paul Police Aeparhnent responded to the scene.
II. Aznended Conclusions of Law.
A. Amended Conclusion 5:
5. The Licensee is '
ea�eras. in violation of the condition on its license relaring to maintaining tapes from the-video
surveiilance cameras on both September 23. 1999 when no ta�e was inserted and on October 7,
1999, when the tape was not operated until after the police had been called. 'T'` `-='•--- `- --°--�'
, , •
B. Amended Conclusion 6:
' r" _C'_' _ _" ' _' '__'"" " __" . ' _' ' "" '_ _ '__"_'
_ " i _ ' _ _ _ _ _ ' _ _ " _ _ _ _ _ _ _ _ _ _ _ ' _ ' _ . : ' _ '
6. The short time between the two violafions and the fact that the second
violation was within a week of Licensee bein� notified that LIEP wouid be takine adverse action
based upon the first violarion reflect that the Licensee was not making serious efforts to comply
with the condition.
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de -S8'.�
C. Amended Conclusion 7:
7. There is ae a basis £or taking adverse action against the Licensee under
�ee�ie�s § 310.06(b)(5) -- '�ro of the Saint Paul Legislative Code for �1�����-s€�s
. failure to com� with the condition on the license re�guiriug that
video surveiliance cameras be maintained in �ood workiniorder and that tapes from the cameras
be maintained for seven davs.
AMENDED FINDINGS AND CONCLUSTONS
I. Amended Findings of Fact:
A. Amended Findingof Fact 3:
3. '' �
� •>
>
. Conditions have been nlaced on the licenses for Arneilia's for
a number of vears. The conditions have been the result of discussions with the license holder.
the neighbors, the police and LIEP. and have been desianed to deal with problems caused by
patrons of Arnellia's. These restrictions include imposing a dress code on customers, requiring
picture identification, bamiing individuals from the premises, screening music played on the
premises for inappropriate content, using a metal detector to exclude weapons from the premises,
and providing security to ensure orderly behavior on the premises.
B. Amended Findine of Fact 5:
5. After agreeing to the condifions regazding the video surveillance system, a
manager at Aruellia's developed a system to be followed for taping. The first tape of the day
would be started when the establishment was opened for business, azound noon each day. When
that tape ran out, another employee inserted the second tape. That tape would record until after
closing. Tapes were kept for a week and then reused for taping. Lanv Allen testified that the
tapes were not alwavs started ri hg t at opening, and that there was no one employee responsible
for insurine that the tage was operating
C. Amended Finding of Fact 6:
6. In August, 1999, Amellia Allen discovered that one of the four surveillance
cameras was not working properly. The camera operated properly in daylight, but did not return
a clear image at night. The contractor who initially installed the system, Earl Allen, was
�
ac� -�S8'S
contacted in eazly August, and he examined the system approximately one week later. The
contractor concluded that a new camera was required apd it was ordered from the mauufacturer
in California Jerry Allen paid the contractor to order the camera on August 13, 1999. The date
that the camera was ordered by the contractor is unlaiown. The failure to have this foutth camera
in workin¢ order was not listed as a basis for adverse acrion.
D. Amended Findine of Fact 7:
7. The camera was delivered to Arnellia's in eazly September. The contractor
was notified that the camera had arrived. The camera had still not been installed bv the October
7. 1999 date, and testunonv by Jerrv Ailen at the hearing was that he did no follow-up to see
what the dela� was in installing the camera.
E. Amended Findins of Fact 8:
8. On September 23, 1999, a shooting incident occutred in the aliey behind
Arnellia's. Testimony bYthe oolice established that the participants had been patrons of
Arnellia's eariier in the evenin¢. Sergeant Munoz of the Saint Paui Police Department went to
Amellia's to obtain the videotape of the imagery captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for that evening. Larry A11en had
forgotten to put the second tape in that day.
F. Amended Finding of Fact 12:
12. Neaz midnight on October 7, 1499, an altercation began between patrons in
Arnellia's. Those participating in the altercation were removed from the premises. The dispute
continued outside and someone fired shots. A car struck and killed a pedestrian in the pazkinng lot
of the estabtishment. and the bodv was drageed into the middle of University Avenue at that
tune. A large number of officers of the Saint Paul Police Department responded to the scene.
II. Amended Conclusions of Law.
A. Amended Conclusion 5:
5. The Licensee is '
ear�terss. in violation of the condition on its license relatine to maintaining tapes from the video
surveillance cameras on both September 23, 1449 when no taoe was inserted and on October 7.
1999. when the tape was not operated until after the police had been called. ''''-- r:,..-_ ... __ .__�
> > .
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B. Amended Conclusion 6:
: " - - - - - - - :. - - - - -
- :,.- .; ,:- -- - -- - - - - - - - --- - ---- - ..:= - --
6. The short time between the two violarions. and the fact that tbe second
violation was within a week of Licensee beina notified that LIEP would be takine adverse action
based upon the first violation reflect that the Licensee was not making serious efforts to com�l,v
with the condition.
C. Amended Conclusion 7:
7. There is t�e a basis for taking adverse action against the Licensee under
�eeEiens § 310.06 5-- of the Saint Paul Le islative Code for �n��
(b)( ) g� �ie�fl.._.,.___ _
. failure to complv with the condition on the license reauirin¢ that
video surveillance cameras be maintained in eood workina order and that tapes from the caxneras
be maintained for seven davs.
�
oa -s.�s
OFFTCE OF AD1dINISTRATIVE HEARINGS
FOR THE COUNCIL OF TT�
CITY OF SAINT FAUL
In re the licenses held by Metro Baz & Grill, CITY' S FIi�1AL ARGUMENT
Inc., d!b!a Arnellia's
STATEMENT OF FACTS
The Office of License, Inspections and Environmental Protection initiated adverse action
against the licenses held by Metro Baz & Grill, Inc., d/b!a Arnellia's, for violating conditions
placed on the license. 5aint Paul Legislative Code §310.06(b)(5) permits adverse action to be
taken against licenses where the licensee "has failed to comply with any condition set forth in the
license, or set forth in the resolution granting or renewing Che license." There have been license
conditions on the licenses heid by Metro Bar & Grill for several years, and the most recent
revision of those conditions was done after meeting with the license holder and a number of other
interested persons, including LIEP staff and St. Paul police officers. Effective July 8, 1999, rivo
conditions relatin� to secwity cameras were placed on the Iicense. Condition # 11 states:
"Licensee [sic] holder will maintain in good working order at least 4 video surveillance cameras
on the exterior of the building to constantly monitor the exterior of the premises. Tapes must be
maintained for 7 days." Robert Kessler, Director of LIEP, testified that the conditions regarding
the surveillance cameras were put in place as a result of a fatal shooting which took place outside
of Arnellia's. Jackie Hicks, a manager of Amellia's, acknowledged that the licensee had a�reed
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to the conditions and was awaze of them.
On September 23, 1999, a shooting took place outside of Ameliia's. Saint Paul Police
Officer Johnson was sent to the baz to recover the tape from the outside video surveillance
cameras, but was advised by the owner, Arnellia Allen, that there was no surveillance camera
behind the building. The officer advised her that tapes from the other cameras might be helpful
in identifying the suspects. After Ms. Allen contacted her son, Larry Allen, by phone, she
informed the officer that the cameras were not operating the previous evening. S�t. Richard
Munoz also went to Arnellia's to attempt to obtain a video tape of the incident. Ms. Allen stated
that she did not have a tape to give him because the camera in the reaz of the building was
broken, the other cameras were not operating and there was no tape in the recorder.
A Notice of Violation dated September 30, 1999, was sent to Amellia Allen alleging that
the failure to have the video cameras on and taping on September 23, 1999 was a violation of
condition # 1 I of the license. The Notice was served by mail on October l, 1999 on Ms. Allen,
at the licensed establishment, and gave the licensee until October 11, 1499 to respond on how
they would like to proceed. While that matter was still pending, on October $, 1999, there was a
suspected homicide which took place outside of Arnellia's, beginning in the parking lot and
ending up on University Avenue. Once again, pofice went to Arnellia's to obtain videos from ihe
surveillance cameras. The video tape which was obtained was reviewed by several Saint Pau1
Police officers, among them Sgt. Mazk Kempe. Sgt Kempe testified that the video tape which
he reviewed was obtained from the bar by Officer Arno1d, who then took it to the police station
and gave it to Sgt. Younghans. Sgt. Younghans and other officers reviewed the tape. The tape
was played at the hearing, and no claim has been made that the tape is not authentic nor has any
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claim been made that the tape was tampered with.
The tape is divided into four quarters, with one squaze for each of the four outside
surveillance cameras. The upper left hand square is blank; testimony later established that this
camera was not operating for at least two months, and probably longer. The remaining three
squazes show the front door area (lower left screen), the back door azea (lower right screen) and
the east pazking lot (upper right screen). There aze numbers which reflect a date and time, but
these aze not related to the actual date and time of the recording. Tt was Sgt. Kempe's opinion
that the tape was not operating at the time of the incident in the parking lot on November 8,
1999, but that the tape had been tumed on after the police had been called. He based this opinion
upon the review of the tape, which showed a sudden jump in the dates of the tape counter, from
10-30-89 at 8:50 to 11-7-89 at 12:11:42; the abrupt change in the items being viewed (a view of
the front doar with no one outside and a jump to a large crowd of people); and the fact that the
squad cazs can be seen arriving. His conclusion was that the tape had not been
constantly operating, but had been tumed on after the fact.
The �vitnesses presented by the licensee did not dispute that there was no tape from the
incident on September 23, 1949. In fact, Lany Allen acknowledged that he forget to use the
surveillance cameras, despite being told of the conditions on the license. He also admitted that
the tapes were not operating on October 8, 1999 until after the incident occurred, and the police
had been called. His explanation was that he had hit the play, but not the record button on the
tape machine. It also was apparent from the testimony of both Larry and Jerry Allen that one of
the video surveillance cameras (the upper 1eft quarter of the tape) was not operational for a period
of over two months. The witnesses for the licensee seemed to be azguing that the recommended
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penalry of 60 days was too severe because the violation of the condition on the license did not
cause the shooting on September 23, 1999 or the death on October 8, 1999.
ARGL3MENT
The City's burden of proof in this hearing is a preponderance of the evidence; if it is more
likely than not that the licensee violated the conditions of the license, then the City has met its
burden. In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. 1488). The license condition in
question in this matter is Condition # 11, which states:
"11. The Licensee [sic] holder will maintain in good working order at least 4
video surveillance cameras on the exterior of the building to constantly monitor
the exterior of the premises. Tapes must be maintained for 7 days."
Implicit in the wording of this condition is that the video cameras are to be operating, and taping,
at all times that the baz is open. One of the reasons for placing the condition on the license was
to assist police by providing them with possible means of identifying suspects in the assaults,
shootings and other problems being caused by baz patrons after leaving the bar. Clearly, the
licensee violated the condition on September 23, 1999, when no tape was in the video and it was
not being operated, and again on October 7, 1999, when taping did not start until after the
incident occurred.
The Director of LIEP, Robert Kessler, testified that he recommended a suspension of 60
days for the licenses held by Metro Bar & Grill, Inc. He acknowledged that it was a severe
penalty, although he also noted that his initial inclination was to recommend revocation of the
iicenses. He noted that the condition on the license was the result of a meeting with the owner
and management of Arnellia's, as well as Saini Paul police officers, and that the
recommendation for video surveillance cameras was something the police felt would assist them
i�
� � _ S �"�
in investigating and solving crunes occurring at or azound the bar. The meeting and the
additional conditions on the license were motivated by a murder which occuned outside the bar,
on University Avenue. The conditions were effective July $, 1999. Within a matter of months,
there was another shooting outside of Arnellia's, and only two weeks later, a person was killed in
an incident which was investigated as a possible homicide and which began in the bar's pazking
lot. Officers testified that in both the September 23 and the October 7, 1999 incidents, that the
people involved had been inside the baz as patrons eazlier in the evening. It w�as apparent from
the testimony of Jackie Hicks that she felt the condition tivas unnecessary and that the bar feels no
responsibility for the behavior of patrons once they aze outside the building. However, the bar
had the opportunity to oppose the cond'ations being placed on the license, as imposition of
conditions is an adverse action, pursuant to Saint Paul Legislative Code §310.0�(a). The licensee
chose not to contest the imposition of conditions, and cannot now argue that the conditions aze
unreasonable.
Ms. Hicks acknowledged that there has been a prior adverse action against the licenses
held by Metro Bar & Grill, Inc., based upon the number of shootings which have occurred
outside and around the establishment. Rather than demonstrating concem for the problems
generated by patrons of the establishment, the licensee seems to argue that because the violation
of the conditions did not directly cause the incidents, they should not be punished. In fact, the
continuing neglect of the conditions regazding the surveillance cameras is both a serious
violation; and contributes to the ongoing probiems outside the bar. As long as the establishment
ignores the condition to have cameras monitoring both inside and outside the premises, the police
aze denied access to valuable evidence to solve felony-level and other crimes occurring just
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outside the doors of the baz. In both the September 23 and October 7, 1999 incidents, the
participants were patrons of the baz; although they did not commit the crirnes inside the building,
they were present outside the building because they had been at the baz. The licensee obviously
benefits from the custom of its patrons by chazging them for food and aIcohol. Thas is conduct
permitted by the licenses it holds. It would be unfair to say that the establishment can benefit
from the licenses it holds but escape all responsibility for the obligations irnposed on the licenses
by the Office of LIEP.
The sanction recommended by the Office of LIEP is warranted by the inaction of the
license holder in implementing the conditions agreed to. The conditions were to be effective on
July 9, 1999. It was apparent from the testimony of all of the witnesses for the Iicensee that no
training had been done with employees to advise them of the importance of the conditions or
how to implement them. Thus, on September 23, 1999, the cameras were not even operating.
Despite receiving a Notice of Violation advising them of the failure to abide by the conditions, it
was only two weeks later that Larry Allen elther failed to turn the recorder on or failed to tum it
to record untii after another instance of violent behavior required a call to the police. Oniy then
did the cameras actually begin to record.
Further evidence that the attitude of the licensee towards the condition was lackadaisical
at best was the testimony regarding the fourth surveillance camera, which was determined to be
malfunctioning in August of 1999, and which was still inoperafive at the time of the October 7,
1999 incident, two months later. The testunony made it cleaz that°there was no sense of urgency
about gettina the camera replaced once the bar finally realized that it was not functianing. There
was no clear responsibility for taking chazge of the repair or reinstallation, and Larry Allen, the
�
6z� � S8".S�
manager, appazently relied upon his mother's statement that Eazl AlIen had been contacted to
come install the caznera without checking to see that it was done or to have it done in a timely
fashion. When asked if anyone ever reviewed the tapes, Larry A11en stated that he did not, and
Jackie Hicks believed that it wasn't incumbent upon the bar to do so. This lack of responsibility
for checking the tapes meant that they couldn't be sure the cameras were in worl:ing order, and
further demonstrates the fact that they did not take the condition on the license seriously,
The Office of LIEP made every effort to work with the licensee to deal with concems
about the violent incidents taking place outside Arnellia's by meeting with them to develop
conditions that would deal with the problem. Both the testimony of Jackie Hicks, and the actions
and inactions of Larry and Jerry Allen make it cleaz that the employees of the licensee do not
take the condition seriously and do not feel it is necessary. No training was ever done on how to
implement the condition, it appeats that when the cameras are turned on and off was largely a
matter of personal decision by the individual employee, and no effort is made to see that the
cameras are functioning properly by reviewing the tapes. The mere fact that on the two
occasions that the police looked for tapes to assist them in investigating crimes the tapes weren't
available because the recorder had not been used or had been improperly used, warrants a severe
penalty, but added to that, the recommended penalty of a sixty-day suspension is warranted
because the testimony shows that ttus was not a one-time lapse on the part of the licensee, but
part of a general disregazd for the condition. Additionally, this is a second adverse action against
the licenses held by Metro Bar & Grill, Inc.
CONCLUSION
The City has met its burden of showing that the licensee violated Condition #11 on the
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license on both September 23, 1999 and October 7, 1999, because the licensee failed to have a
tape in and the machine operating at all on September 23` and failed to have the machine
continuously monitoring and recording on October 7`". These violations occurred in short period
of time, were part of a continuing pattern of indifference to the condition being imposed on the
license, and were a result of her failure to convey the importance of the condition to her
employees or train them in its implementation. The argument that these violations aze not
serious because they did not cause the incidents themselves simply underscores the fact that the
licensee does not consider the condition to be unportant, as does her manager's tesrimony that
the condition is unnecessary and was only imposed because the Director of LIEP doesn't like the
bar. The Office of LIEP has worked with the establishment to deal with the problems caused by
some of the patrons of the bar, and the licensee's failure to abide by the conditions and take
responsibility for their part in the problems wanants a severe sanction.
Respectfully submitted this 18'h day of February, 2000.
� � ��
Virginia D. almer (Atty Lic. # 128995)
Assistant City Attnmey
400 City HalUCourthouse
15 W. Kellogg Boulevard
Saint Paul, MN SS 102
(651)266-8710
�
-- - - - - ---- - - - - --
Nancy Andevson -1tem #32 . May_10 Council Agenda_ ___._ _ , _ _„_ _ . . __ Page 1 .
• � � S��
From: Nancy Mderson
To: Council ,
Date: 5/9/00 2:32PM
Subjecf: Item #32 - May 10 Council Agenda.
FYI -
The City Attomey's Office has requested that Item #32 on tfie May 10th Council Agenda (Report of the
Administrative Law Judge conceming all licenses held by Metro Bar & Grill, dba Arnel{ia's, 1163 University
Avenue, be I.AID OVER TO June 7th for Public Hearing. (This date was requested by Attorney for
Arnellia's.)
CC: Byrne, Phil
� 5�5
CITY OF SAINT PAUL
Norm Colemars, Mayor
October 25, 2000
CITIZEN SERVICE OFFICE
Fred OwusK �}' Qerk
i�o cuy aou
ZS W. %ellogg Boulevmd
SaixtPmr�Minnesota SSIO2
TeL: 651-2668989
Fax: 651-266-8689
A'eb: hdp://www.stpauLgm
TDD: 26(r8509
At the direction of Saint Paul Assistant City Attorney, Virgnua Palmer, the original copies of all
documentation relating to Council File #00585 a resolution to suspend the license of Metro Baz &
Grill d/b/a Arnellia's and adopt the Report of the ALJ with exceprions and aznendments, have been
sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File
Number: C6-00-1156.
The copies haue been filed as the original documents in the City Clerk's office files.
,�°�� K, ((�;� ��
Fred Owusu
City Clerk
<��� � /Jd�
Shari Moore
Deputy City Clerk
� �
COURT OF APPEAI,S NIIMBER:C6-06-1156
IND&% OF COIINCIL FILE (C.F.) DO-585
DOC.
NUMBER
1
2
DATE
6-21-00 Resolution and Green Sheet suspending the
(date , license of Metro Bar & Grill d/b/a
adopted Arnellia's and adopting the Report of the
by ALJ with exceptions and amendments
Council)
6-1-00 Letter from State Representative Andy
Dawkins offering opinion that Arnellia's
license not be suspended.
NIIMBER
OF
PAGSS
5
1
3. 4-20-00 Notice of Public Hearing letCer sent to 11
Attorney Mark Vaught by Assistant City
Attorney Virginia Palmer regarding 1-26-00
Findings of Fact, Conclusions of Law and
Recommendation of the Administrative Law
Judge.
4. 5-3-00 Letter from Virginia Palmer to Mark Vaught 17
regarding the City's Exceptions to the
Findings of Fact, Conclusions of Law and
Recommendation of the ALJ. Includes
City's Final Argument - Statement of Facts
5. 5-9-00 Memo to City Council from Nancy Anderson 1
regarding laying over of item #32 on the
May 1�"' Council Agenda to June 7 for a
Public Hearing.
6. 144 petition cards requesting the City 144
Council to support the findings of the caras in
ALJ, as it relates to not sanction i
Arnella's. envelope
7. 6-21-00
8. 6-21-00
Videotape of 6-21-00 Saint Paul City
Council meeting.
Summary minutes of 6-21-00 Saint Paul City
Council meeting.
DOCUMENTS RETURNED SY TA& ALJ
RECEIVED IN THE CITY CLERK'S OFFICE 4-5-00
L�
10
4-4-00 Letter from Phyllis Reha, Administrative
Law Judge, to the City Council regarding
the Findings of Fact, Conclusions and
Recommendations.
3-6-00 Letter from Virginia Palmer to the ALJ
Phyllis Reha regarding City's Rep1y
Memorandum.
1 tape
14
12
�
�s i
11
12
13
3-6-00
3-2-00
a-is-oo
Fax cover from Mark Vaught to Phyllis Reha
regarding no further submissions in the
Metro Bar & Grill matter.
FaY £rom Mark Vaught to Phyllis Reha
summarizing and presenting Respondent's
view of the evidence_
Letter from Virginia Palmer to Phyllis
Reha enclosing the Final Argument on
behalf of LI&P.
14. 2-28-00 Letter from Phyllis Reha to Virginia
Palmer granting her request to extend the
period for reply briefs. Attached is the
letter from Virginia Palmer requesting the
extension.
15. 12-15-99
16. 1-26-00
17. 9-30-99
18.
19. 9-23-99
20. 9-23-99
21. 9-30-99
22. 11-8-99
23. 10-29-49
24. 11-10-99
25. 12-15-99
26. 10-7-99
Letters from Virginia Palmer and Peter
Pangborn announcing Notice of Hearing to
Arnellia Allen.
List of City's proposed exhibits.
City's Exhibit #1, License Information
Report
City's Exhibit #2, License conditions for
Metro Bar & Grill dba Arnellia's
City's Exhibit #3, Police report prepared
by Officer Gerald E. Johnson
City's Exhibit #4, Police report prepared
by Sgt. Richard J. Munoz
City's Exhibit #5, Notice of Violation
City's Exhibit #6, Police report prepared
by Sgt. Mark C. Kempe
City's Exhibit #8, Letter from Ms.
Arnellia Allen to Robert Kessler
City's Exhibit #9, Notice of Second
Violation
City's Exhibit #10, Notice of Hearing
City's Exhibit #7, Videotape from
Arnellia's
1
5
11
2
5
2
4
1
2
3
3
2
2
3
5
1 tape
�� _
STATE OF MINIVESOTA
IN COURT OF APPEALS
Metro Bar & Gri13, Inc., dtbla Arneliia's,
Petitioner,
WRIT OF CERIORARi
►��
COURT OF APPEALS
FILE NO.e.� —� — � 15 �
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COUNCIL FILE NO. 00-58�
DATE OF DECISION:
ADOPTED: TUNE 21, 2000
APPROVED BY MAYOR:
JUNE 27, 2000
TO: The City of Saint Paul and the City Council of the City of Saint Paul:
You are hereby ordered to return to the Court of Appeals within ten (10)
days after the date xealtor's brief is due the record, exhibits and proceedings in the
above-entitled matter so that this Court may review the decision of the City Council
issued on the date noted above.
Copies of this Writ and the accompanying Petition shall be sen�ed torthwith
either personally or by mail upon the City of Saint Paul as follows:
City Clerk
170 City Hail
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
�
And upon the attorney for the City of Saint Paul as foilows:
Virginia Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Boulevard
saint Paul, Minnesota 55102
Proof of service shali be f51ed with the Clerk of the Appeliate Courts.
Clerk of Appellate Courts
iL.
Aated: July _, 2000
- A .
By: �l, � ��� a l.F�
Ass�stant C?erk
(Clerk's File Stamp)
2
S. MARK VAUGHT
Attorney At Law
auiy �, a000
Sui[e 700
Six West Fifth Stteet
Sainc Paul, Minnesora 55102-1412
(651)297-6400
FAX (651) 22q-8328
e-maii: markvaught@worldnet.att.net
Mr. Frederick K. Grittner
Clerk of Appellate Courts
Minnesota Judicial Center
25 Constiturion Avenue
Saint Paul, MN 55155
RE: Metro Bar & Grill, Inc. vs. Citv of Saint Paul
Dear Mr. Grittner:
t��EIVE�
JUL 7 2Q00
c►rr �,��
Enclosed you will find with respect to the above-entitled matter the
following:
1. An original and the requisite nuraber of copies of a Petition for a Writ
of Certiorari with attachments;
Z. An original proposed Writ of Certiorari;
3. An original and the requisite number of copies of Petitioner's
Statement of the Case;
4. An original and the requisite number of copies of Petitioner's Notice
of Mot'son and Motion requested an emergency stay of the license
suspension handed down by the Saint Paul City Council in the matter;
5. An original and the requisite number of copies of the Affidavits of
Jackie Hicks and S. Mark Vaught offered in support of the Motion for
a Stay; and
6. A check in the sum of $250.00 to cover the cost of the filing fee.
Please see that the documents are properly filed. Additionally, the Motion
needs to be heard on an emergency basis as the license suspension is scheduled to go
into effect at 12:01 a.m. next Wednesday, July 12, 2000. As a courtesy in helping
her to respond to the motion I have already provided a copy of the enclosed
documents to Virginia Palmer, Assistant City Attorney.
Very truly yours,
S. Mark Vauaht
Attorney at Law
cc Virginia Palmer, Assistant City Attorney
Fred Owuzu, Saint Paul City Clerk
��
�
STATE OF MINNESOTA
IN COURT OF APPEALS
�Pp QF TFE O��a-fe
JUL 0 7 200Q
:_ ��LEC�
Metro Bar & Grill, Inc., dlbla Arnellia's,
Petitioner,
vs.
PETITION �'OR WRIT
OF CERTIORARI
COURT OF APPEALS
FILE NO � "QQ _ , ` � �
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COiJNCIL FILE NO.OQ-585
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
JLJNE 27, 2000
DATE AND DESCRIPTION OF
EVENT TRIGGERING APPEAL:
JUNE 27, 2000; MAILING OF
CITY COUNCIL RESOLUTION
TO
The Court of Appeals of the State of Minnesota:
Tbe above-named Petitioner hereby petitions the Court of Appeals for a Writ
of Certiorari ta review a decision of the City Council of the City of Saint Paul issued
on the date noted above, upon the following grounds:
1. On June 21, 2000, the City Council of the City of Saint Paul, acfing in
a quasi-judicial capacity, passed a resolution, approved by the Mayor on June 27,
2QOQ, suspending all licenses held by Petitioner at 1183 University Avenue, Saint
Paul, Minnesota, for a period of forty-five days (45), fifteen (15) days of which to be
stayed.
2. In passing said resolution, the City Council made tbe following errors:
A. Acted arbitrarily and capriciously in rejecting many of the findings of
fact and legal conclusions of the Administrative Law Judge and in not
adopting the reasoning and recommendation of the Administrative
Law Judge that the matter be dismissed.
B. Failed to accord Petitioner equal time to present its case as was
permitted the attomey representing City licensing officials
constituting a denial of Petitioner's due process rights.
C. Failed to accord Petitioner an opportunity to rebut the inflammatory
and irrelevant testimony from certai» witnesses, who had not
previously been heard and who testified after the completion of
Petitioner's testimony, constituting a denial of Petitioner's due
process rights.
D. Failed to exclude the irrelevant and inflammatory testimony
regarding unrelated incidents of violence by certain witnesses
constituting arbitrary and capricious action.
E. Acted arbitrarily and capriciously in reliance on inflammatory and
irrelevant testimony regarding the general subject of violence and
specific acts of violence from witnesses and comments in the same
regard by Councilmember Blakey in arriving at a decision in this
matter.
F. Acted arbitrarily and capriciously in imposing the severe penalty in
this case, both with respect to the nature of the alleged violations and
with respect to its own statutory regulatory scheme of matrix
penalties for certain sorts ofviolations?
G. Erred and acted arbitrarily and capriciously in concluding that there
were violations of license conditions by the Petitioner in this matter.
H. Acted arbitrarily, capriciously, illegally and in contravention of the
provisions of Saint Paul Legislative Code Chapter 310.05(c-2) by
engaging in ex parte contacts or discussions with each other or third
parties regarding these matters outside the public record or final
Council deliberations.
Review of the decision of the City Council by the Court of Appeals pursuant
to issuance of a Writ of Certiorari is authorized by past decisions of this Court and
the Supreme Court of the State of Minnesota.
Dated: July 7, 2000
� +,�✓� ��%GGc�
S. Mark Vaught (Atty. No. 1519)
Attorney for Pefitioner
Suite 700
Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-832& (fax)
markvaueht(a�worldnet.att.net
OFFICE OF LICEtiSE. INSPECTIONS .1DID
ENYIRO`1MENTAL PItOTECTION
Robert Kess(er, Direaoi
CITY OF SAINT PAUL
.NOrm Co(eman, :Kayor
June 27, 2000
LOK'RY PROFESS/O.NAL
BUILtl[NG
Suite 300
350 St. Perer S[reet
Soiu Paul, :1linnesata SJIO2-I510
NOTICE OF LICENSE SUSPENSION
Amellia Allen, President
Metro Bar & Grill, Inc. dba Amellia's
1183 Universiry Avenue West
Saint Paul, MN 55104
Dear Ms. Allen:
?e[ephane: 651-2E690A7
Fatslrule: Qi1-2665YN9
6�7-266-9f24
Enclosed is a copy of City Council Resolution Number 00-585 which suspends all
the licenses issued to you by the City of Saint Paul for a period of forty-five (45)
days with fifteen (15) days stayed for the followin�:
Violations occurring on September 23, 1999 and October 8,1999
of the condition on the licenses requiring that there be video
surveillance cameras operating on the exterior of the building
and that t�pes be maintained for seven days.
The suspension was adopted by the Saint Paul City Council in final written form at
the CounciPs regulaz meeting on June 21, 2000.
The effect of this notice is that no business operations shall be permitted for thirty
(30) days beginning at 12:01 a.m. on Wednesday, July 12, 2000 through 11:59 p.m.
Thursday, Au�ust 10, 2000. This is a serious matter that demands your adherence.
Absolutely no sale, consumption or display of alcohol shall be permitted on the
licensed premises during this �vhole period.
Please contact me at 266-9108 if you have any questions re?ardin� this matter.
Sincerely,
C V � �L-
Christine A. Ro2ek
Deputy Director
[�.7�i7
A j�-�
cc: Commander Dan Cazison, SPPD-Western District
Robert Kessler, Director-LIEP
Peter Pangborn, Legal Assistant
Kris Schweinler, Senior License Inspector
S. Mazk Vau�ht, Attomey at Law
Administrative Law Judge
ORIGINAL
Presented By
Referred To
RESOLUTION
CITY OF SAINT P.
Council File # � .. C QS
Csreen Sheet � c�y3 ti�
Date
i�}
i RESOLVED, that the licenses held by Metro Bar & Grill, Inc_ dJUla Amellia's for the
2 premises at I 183 University Avenue in Saint Pau1(License ID# 54523) aze hereby suspended
3 for a period of forty-five days, fiReen of the days to be siayed, for the violations occurring on
4 September 23, 1999 and October 8, 1499 of the condition on the licenses requiring that there be
5 video surveiilance cameras operating on the exterior of the building and that tapes be maintained
6 for seven days. The suspension shall begin on the third Wednesday following passage and
7 approval of this resolution
9 FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the
10 ALJ Report in this case dated May 3, 2000 aze adopted as the written findings and conclusions of
11 the Council in this matter, except as amended below. The reasonin� of the Memorandum of the
12
13
14
15
16
17
18
14
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
ALJ attached to the findings and conclusions is not adopted. The recommendation of the ALJ for
dismissal of the adverse action against ttte Iicenses is also not accepted.
FURTHER RESOLVED, that the following amendments to the ALJ Report aze hereby
adopted:
1. Finding of Fact No. 3 is hereby amended to read as follows:
n3 ,
. . Conditions nave been
placed on the licenses for Amellia's for a number of vears. The
conditions have been the result of discussions with the license
holder. the neighbors, the police and LIEP and have been desi n�ed
to deal with oroblems caused bv patrons of Arneilia's. These
restrictions include imposing a dress code on customers, requiring
picture identification, banning individuals from the premises,
screening music played on the premises for inappropriate content,
using a metal detector to exciude weapons from the premises, and
providing security to ensure orderly 6ehavior on the premises."
2. Finding of Fact No. 5 is hereby amended to read as follows:
"5. After agreeing to the conditions regazding the video
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surveillance system, a manager at Amellia's developed a system to
be followed for taping. The first tape of the day would be started
when the establishment was opened for business, azound noon each
day. When that tape ran out, another employee inserted the second
tape. That tape would record until after closing. Tapes were kept
for a week and then reused for taping. Lam Alien testifred that the
tapes were not alwavs started ri t at openine. and that there was
no one emolovee responsible for insurin¢ that the tape was
ooerarina."
Finding of Fact I3o. 6 is hereby amended to read as foliows:
"6. In August, 1999, Ameilia Allen discovered that one of the four
surveillance cameras was not working properiy. The camera
operated properly in daylight, but did not rehun a ciear image at
night. The contractor who inirially installed the system, Eazi Ailen,
was contacted in early August, and he examined the system
approximately ane week later. The contractor concluded that a new
camera was required and it was ordered from the manufacturer in
California. Jerry Allen paid the contractor to order the camera on
August 13, 1999. The date that the camera was ordered by ihe
contractor is unknown. The failure to have this fourth camera in
workine order was not listed as a basis for adverse action."
Finding of Fact No. 7 is hereby amended to read as follows:
"7. The camera was delivered to Ameilia's in eazly September.
The contractor was notified that the camera had arrived. The
camera had still not been instailed bv the October 7. 1999 date. and
testimony 6v Jemr Atlen at the hearine was that he did no follow-
un to see what the delav was in installing the camera."
Finding of Fact No. 8 is hereby amended to read as follows:
"8. On September 23, 1999, a shooting incident occurred in the
alley behind Amellia's. Testimonv bv the �olice established that
the participants had been patrons of Amellia's eazlier in the
evenine" Sergeant Munoz of the Saint Paul Police Department
went to Amellia's to obtain the videotape of the imagery captured
by the video surveiilance camera. Sergeant Munoz was informed
that there was no tape available for that evening. Larry Allen had
forgotten to pui the second tape in that day."
Finding of Fact No. 12 is hereby amended to read as folIows:
"12. Neaz midnight on October 7, 1999, an altercation began
between patrons in Amellia's. Those participating in the
aliercation were removed from the premises. The dispute
b0 —S$S
1 continued outside and someone fired shots. A caz struck and killed
2 a pedestrian in the garkine lot of the estabiishment. and the bodv
3 was draesed into the middle of University Avenue at that time. A
4 large number of officers of the Saint Paul Police Department
responded to the scene."
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7. Conclusion o£ Law No. 5 is hereby amended to read as follows:
"5. The Licensee is �
. in
violation of the condirion on its license relatin¢ to maintainine
ta_pes from the video surveillance cameras on both Seotember 23.
1999 when no tape was inserted and on October 7. 1999, when the
tape was not operated until after the �olice had been called. �ke
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Conclusion of Law No. 6 is deleted and a new Conclusion of Law No. 6 is adopted
to read as follows::
Y. _ _ _ _ _ _ _ _ _ _ _ _ -
"6. The short time between the two violations. and the fact that
the second violation was within a week of Licensee bein2 notified
that LTEP would be takina adverse action based npon the first
violation reflect that the Licensee was not makine serious efforts to
comglv with the condition."
9. Conclusion of Law No. 7 is hereby amended to read as follows:
"7. There is ne a basis for taking adverse action against the
Licensee under 8eetiens � 310.Ob(b)(5) --'� "m�^�r.'rA of the Saint
Paul Legislative Code for
sqstem- failure to com� with the condition on the license
requirine that video surveillance cameras be maintained in good
working order and that tapes from the cameras be maintained for
seven davs.
This Resolution is based on the record of the proceedings before t4ie ALJ, including ihe
hearing on January 26, 2000, the documents and exhibits introduced therein, the findings of fact
and conclusions of law of the ALJ as referenced above, the written submissions by counsel for
the pazties, and the arguments and statements of the parties and the deliberations of the Counci3
in open session on June 7, 2000.
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A copy of this Resolution, as adopted, shall be sent by first class mail to the
Administrative Law Judge, and to the Licensee's attomey, S. Mark Vaught.
Requested by Departmeat of:
By:
Fozm Acproved b City Attoraey �
ey ` ��,�..��
Approved by Mayor for Submission to Council
B Y� �r,"���\ � �� By:
Appzoved Sy Mayor: Date �?1G �� s.�yQ
ey r
��
Adopted by Couacil: Date �� �00
Adoptioa Certified by Couaci ecreta�
,
9-2111-12640-3
STATE OF MINNESOTA
OF�ICE OF ADMINISTR.4TIVE HEARfNGS
FOR THE CITY OF ST. PAUL
!n the Matter of All �icenses Held by
Metro Bar & Grill, Inc., d/b/a AmelGa's, for
the Premises at 1183 University Avenue,
Saint Paul, License I.D. No. 54523.
FINDINGS OF FACT,
CONCLUSlONS OF LAW
AND RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law Judge
Phyliis A. Reha, acting as a hearing officer for the Saint Paul City Council, commencing
at 930 a.m. on Wednesday, January 26, 2000, at the Saint Paui City Hall(Ramsey
County Courthouse, Room 41, 15 West Kellogg Bou4evard, St. Paul, Minnesota. The
hearing was held pursuant to a Notice of Hearing dated Decembes 15, 1999.
Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West
Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behaif of the City's O�ce
of License, Inspections and Environmental Protection (LIEP). S. Mark Vaught, Attorney
at Law, Six West Fifth Street, Suite 700, Saint Paul, Minnesota 55102-1412, appeared
on behaif of the Licensee (hereinafter "Amellia's" or "Licensee"). The record closed on
March 7, 2000, with the receipt of the last post-hearing submission.
NOTICE
This Report contains a recommendation and not a final decision. The final
decision will be made by the Saint Paul City Councii, which may affirm, reject, or modify
the Fi�dings and Conclusions contained herein. The Councii will consider the evidence
in this case and the .Administrative Law Judge's recommended Findings of Fact and
Conc(usions, but wiii not consider any factual testimony not previously submitted to and
considered by the Rdministrative Law Judge. The Licensee wiil have an opportunity to
present oral or written arguments regarding its position on the recommendation of the
Adm+nistrative �aw Judge in the application of the law or interpretation ot me r'acts anci
may present argument related to its position. The Counci('s decision as to what, if any,
adverse action shall be taken will be by resolution under § 310.�5 of the St. Paul
Legis{ative Code. Te ascertain when the Council wi4l consider this matter, the parties
should contact the Saint Paul City Council, Room 310, St. Paul City HaIlfRamsey
County Courthouse, 15 West Kellogg Boulevard, St. Paui, Minnesota 55102.
STATENIENT OF ISSUES
The issues in this matter are whether licensee vioiated conditions on its license
by fail+ng to maintain video surveillance of the exterior of the licensed premises and
failing to recard that imagery, and, if so, what penalty is appropriate.
Based upon ail of the files, records and proceedings herein, the Administrative
Law Judge (ALJ) makes the foliowing:
FiNDINGS OF FACT
1. Metro Bar & Griil, lnc. is a corporation doing business as Arneliia's at 1183
University Avenue, Saint Paui, Minnesota 55104. The corporafion is owned by Amefiia
Allen. Amellia's has an Entertainment (B) license, a Gam6ling Location (B) ficense, a
CigareitelTobacco iicense, and two �iquor On-Sale licenses. Amellia's licenses remain
va{id pending the oufcome of this proceeding. The business is owned by Amel(ia Allen.
The manager is her son, Jerry Allen. Jerry Ailen's brother, Larry Aflen, is employed by
Ame4lia's to provide security.
2. Ame!!ia's is located directly on University Avenue. To the west on fhat block
is Antiques Minnesota. To the east side of Amellia's is a parking lot and the Midway
Cas Wash. i o ihe north sicle is an ailey, with some parking and a dumpsier. Four
extemai video cameras have been in place on the building for approximately six years.
One camera prov+des a view of the front door on the south side of the 6uilding, one
camera observes the north side around the back door of Arneifia's (near the dumpster),
and the other two cameras provide different angles of the parking lot on the east side of
the building. Signs posted on the buiiding state that video surveifiance is being
conducted. The v+deo cameras send images to a monitor, wh+ch displays a picture for
each camera together on the same screen.
3. The area in the vicinity of ArneNia's is subject to frequent police ca11s and
significant levels of crime. To address these neighborhood prob(ems and prevent any
exacerbation of those probfems, Arnellia's operates ifs business under a number of
restrict+ons that have been in place for years.' These restrictions include imposing a
dress code on customers, requiring picture ident�cation, banning individuals from the
prem+ses, screen+ng music played on the premises for inappropnate content, using a
metal detector to exclude weapons form the premises, and providing security to ensure
orderly bel�avior on the premises.
4. ln May, 1999, a man was shot and killed while in a car parked in front of the
Midway Car Wash? In response to that killing, management at ArneHia's met with the
Sai�t Paul Police, LIEP, and community representatives to determine what additional
efforts couid be made to address violent acts in the vicinity of Amellia`s. fihe Licensee
agreed to add taping equipment to its existing video survei{lance system. This
additionaf condition became effective on July 8, 1999 and states:
Licensee hoider wil{ maintain in good working order at least 4 video
surveiilance cameras on the exterior of the buiiding to constantiy monitor
the exterior of the premises. Tapes must be maintained for 7 days.
5. After agreeing to the conditions regarding the video surveiilance system, a
manager at Arnellia's developed a system to be followed fior taping. The first tape of the
' The entire list of restrictions, identified as conditions on Arnellia's license, is attached as Appendix A.
The iist of conditions includes the subsequently agreed-to c,�nditions regarding the video cameras.
Z Midway Car Wash is located at 1169 University Avenue.
3 Exhibit 2.
2
day wouid be stasted when the establishment was opened for bus+ness, around noon
each day. When that tape ran out, another employee inserted the second tape. That
taQe wouid record until after closing. Tapes were kept for a week and then reused for
taping_
6. {n August, 1899, Arnellia Alien discovered that one of the four surveiilance
cameras was not working properly. Tiie camera operated properly in day{ight, but did
not reium a clear image at night 4 The contractor who initially installed the system, Earl
AI4en, was contacted in early Augusf, and he examined the system approximately one
week later. Tfie contsactor conciuded that a new camera was required and it was
ordered from the manufacturer in Caiifomia. .ferry Aflen paid the contractor to order the
came�a C�i QU9USi 1?, ?�Q9. Th? date that the camera �a;as orc! 5�j }iI �ort:ra tS
unknown.
7. The camera was delivered to Amell+a's in early September. The contractor
was notified that the camera had arrived.
8. On September 23, 1999, a shooting incident occurred in the alley behind
Arneliia's. Sergeant Munoz of the Saint Paul Police Department went to Arneilia's to
obtain the videotape of the image+y captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for tfiat evening. Larry
Ailen had forgotten to put in tne second tape on that day.
9. Ameflia's responded to the faiiure to tape by modifying its system of taping.
Longer duration videotape was puschased, the employees responsibie for the system
were instructed to make certain that a tape was in the machine, and the system of
reTaining videotapes was modified.
10. On September 30, 1999, the Saint Paul City Attorney's Office issued a
IVotice of Violation to Amellia's. The Notice +ndicated that on September 23, 1999, the
Licensee failed to have its video cameras on and taping and that constitutes a violation
of the video surveiilance condition on Arneliia's license. No citation was made in the
NoUce of Vioiation to what provision of the Saint Paul Legislative Code was alieged to
have been violated and no suggested penalty was indicated.
11. On October 7, 1999, Larry Allen was working the evening shift at
Amellia's. At about 8:00 p.m., Larry Ailen switched the videotape tor the tape that had
been recording since Arnellia's opened that moming. When he activated the video
recorder, he inadvertentiy pressed the "play" button rather than the "record" butto�.
12. Near midnight on October 7, 1999, an altercation began beiween patrons
in Arneliia's. Those participating in the altercation were removed from the premises.
The dispute continued outside and someone fired shots. A car struck and kilied a
4 The image returned by that camera at night wouid only show objects with their own illumination, such as
automobiie headlights and taiilights.
5 Ead Aflen is no reiation to Arneflia Allen, Jerry Allen, or Larty Allen.
6 Exhibit 5.
3
pedestrian in the middle of University Avenue at that time. A large number of officers of
the Saint Pauf Police Department responded to the scene.
13. Larry Allen had been observing the incident outside Ameilia's. He went in
to check on the videotape system and noticed for the firsf time that evening that the
recocder had been set to play, rather than record. He immediately stopped the tape and
began recording. An officer of the Saint Paui Po{ice Department entered a few minutes
later and requested the videotape. Larry Allen gave the officer the videotape.
14. In mid-October, the contractor retumed to Amellia's and instailed the new
camera. The instal(ation of the new camera aliowed nighttime images from a second
ang{e in th� parking !ot to �e recosded �n tl�e �lGR.
15. As a result of the October 7 error in operating the VCft, Arnellia's again
modified how the videotaping system was to operate. A three-week rotation ofi
videotape was instituted. Each staff member at Amellia's was insYructed to check the
operation of the VGEt throughout the work shift. Any staff member observing anything
unusuaf about the monitor or VCR is instructed to report to the manager on duty.
16. On November 10, 1999, the Saint Paul City Attomey's Office issued a
Notice of Second Violation to the Licensee. The Notice stated that on October 7, 1999,
Arnetlia's failed to have its video cameras on and taping and that constitutes a violation
of the video surveillance condition on Ame!(ia's license.' No citation was made in the
Notice of �olation to what provision of the Saint Paul tegislative Code was a{leged to
have been vioiated and no suggested penaity was indicated.
17. On December 15, 1999, the Assistant City Attorney, Virginia D. Palmer,
issued a Notice of Hearin� in this matter. The Notice of Hearing identified the hearing
date as January 26, 1999.
18. The misidentification of the date of the hearing in the notice of this matter
did not cause any confusion for Licensee. Licensee was not prevented from fiuily
participating in the hearing due to fhe erroneous date.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSiONS
1. The Administrative Law Judge and the Saint Pauf City Counci4 have
authority to consider the charges against the respondent and the penaity, if any, that
should be paid the city pursuant to Sec. 310.05 of the St. Pau( Legisiative Code.
' Exhibit 9.
8 Exhibit 10.
C!
2. LIEP has substantiaily complied with al{ relevant substantive and procedural
legal requirements.
3. The Licensee received adequate and timely notice of the hearing and of the
charges against it.
4. L1EP has the burden of proof to estabiish, by a preponderance of the
evidence, that the respondent violated the conditions ofi its licensure.
5. The Licensee is in substantiaf compfiance with t�e conditions of its license
through the installation and operation of a videotaping system attached to its video
surveillance cameras. The failure to record the images captured by the video
surveillance cameras outside the licensed premises on September 23 and October 7,
'1999, was inadvertent by the Licensee.
6. The efforts made by the Licensee to repair the malfunctioning camera
compiied with the condition that four video cameras be "maintained in good woricing
order" outside the business premises.
7. There is no basis for taking adverse action against the �icensee under
Sections 310.06(b)(5) and 409.10 of ihe Saint Paui Legisiative Code for the operation of
its video surveillance system.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
foilowing:
REGOMMENDATlON
IT IS HEREBY RECOMivIENDED: That the Saint Paul City Council diSMISS the
action against the licenses held by Metro Bar & Griil, Inc.
Dated this � day of April, 2000
��� 1�I �`-�Y�.ei• �:.�,, �
PHYLLI A. REHA ;�'���—
Administrative Law Judge
Reported: Taped, three tapes
MEMORANDUM
Three incidents of violence are the motivation for bringing this action against the
Licensee. A kiiling in May, occurring in front of the business next door; a shooting in
September, occurring in the ailey behind the business; and a shoot+�g in October,
ti
resulting in a pedestrian being struck by a car and killed. There +s no evsdence in the
record of this matter that any of these incidents took place on the licensed premises 9
In response to the May kiliing, the conditions under which Arnellia's operates
were reconsidered. Conditions regarding video surveiilance were added. The language
of the new condition itself is ambiguous, since that language does not expressly require
that the imagery captured by fhe exterior video surve+llance cameras be recorded.
There is no disQute, however, that bofh LIEP and Amellia's understood the condition to
require the addition of a VCR and recording the imagery from those cameras.
The record in this matter is clear that Arnellia's impiemented the new requirement
consistent with its agreement. At first, tapes of six and eight hours in duration were
use�' to co��er the �au�t°°n ho!;rs per da� thai �meUia's s o�2n. F,°er a�erioa cf trial
and error, Amellia's discovered that additionaf time was needed to ensure that the
videotaping covered the entire time the estabiishment was open. Arnellia's then
switched to two eight-hour tapes per day. During this period sfafF discovered, also by
trial and error, that the extended play option must be selected to ensure that the eight-
hour tape covers all eight hours.'� No one at Arnellia's was able to set the date and
time feature on the VCR.
The second act of violence near Arne4lia's was a shooting that took place in the
alley behind the building on September 23, 1998. The victim in that incident was struck
in the foot. The Saint Pau1 Police sought the videotape from that evening to essist in
their investigation of the incident. There was no tape from that evening, since Larry
Allen had fiorgotten to put a tape in the VCft. ArnelVia's responded to the error by
reviewing the system that had been established for videotaping, adjusting that system to
ensure that the VCR was being activated at the appropriate times, and reminding the
responsible employees that the taping was a requirement.
The third act of violence occurred on October 7, 1999. At approximate(y 8:00
p.m. on that date, Larry Allen changed the videotape in the VCR for the evening. He
inadvertent{y pressed the wrong button on the VGR after inserting the new tape.
Around m+dnigfit, an altercation started in Arnellia's. in accordance with the
establishmenYs policy, the participants were ejected from Amellia's. Those persons
co�tinued their dis�uSe cutside and shots �vese fired. A cer ±.hsr: s±r�_ck a�ed�strsas? 'sn
University Avenue and that pedestrian was kifled.
After seeing the events outside, Larry Allen went to check on the VCR. At that
time he discovered that it was in "play" mode, rather than "record" mode. He
immediately began recording. At the hearing in this matter, Larry Alien acknowledged
his mistake.
LIEP maintains that viofation of any condifion is sufficient to take adverse action
against Arneliia's license. The serious consequences on September 23 and October 7
are asserted to be justification for a penalty of sixty days suspension. Amellia's points
9 Several witnesses suggesYed that the automobile striking the pedestrian was exiting Amellia's parking
lot.
i0 Whiie Co�dition 11 states that the cameras must monitor the exterior continuousty, botfi Amellia's and
LfEP understood the taping requirement to be only during business hours.
" The othes option, standard play, provides better video quality but much shorter duration.
�
out that there is no evidence that any videotape from either evening wouid have
prevented the fncidsnts or materially aided the Saint Paui Poi+ce in their subsequent
invesfigations.
Section 310.06(b)(5) authorizes adverse acfion be taken against a licensee when
the licensee fai4s to comply with any condit+on of the license. Section 409.10 sets out
the standards to apply in adding conditions to licenses as follows:
Sec. 409.10. Restrictions on ticenses.
When a reasonable basis is found by the council to impose reasonabie
restrictions upon a license held under this chapter, the councii, upon
issuing a new license or renewing a license or aoproving a transfer of a
iicense, may impose reasonable conditions and restrictions pestaining to
the manner and circumstances in which the business shall be conducted
to preserve the pub{ic peace and protect and promote good order and
security. These reasonabie conditions or restrictions may pertain to:
(1) A limitation as to the hours when intoxicating liquor may be sald and/or
consumed on the licensed premises;
(2) A limitation and restriction as to the exact location within a buiiding
where intoxicating liquor will be served and/or sofd andlor consumed;
{3} A fimitation and restrict9on as to the means of ingress to or egress from
the licensed estabiishment;
(4) A requirement that certain ofF-street parking facilities be provided;
(5) A condition that the license wilf be in effect only so tong as the
establishment rema+ns a drugstore, restaurant or hotel as defined by the
state liquor act or regulations adopted pursuant thereto;
(6) A limitation and restriction as to the means and methods of advertising
the safe of intoxicating iiquor on the buiiding andlor on the premises
adjacent thereto;
(7) Reasonable conditions fimiting the operation of the licensed premises
so as to ensure that the licensed business wiil comport with the character
ot the district in which it is focated andJor to the end that nuisances wili be
prevented; and
(8) Additional conditions upon hoteis and restaurants whicli may in the
discretion of the council tend to insure that the sale of liquor wiil take place
only in conjuncYion with the sale and sesvice of food.
The one repeated standard throughout the section is that any condition imposed
on a licensee must be "reasonabie". The condition at issue in this matter falls under
item 7, which is the imposition of "reasonable conditions limiting the operation of the
licensed premises .., to the end that nuisances wil] be prevented."' Adverse action can
certainly be taken against a licensee for any unreasonable faiiure to meet a condition
' Saint Paui Legislative Code Sec. 409.10.
7
requiring videotaping. Conversely, where a iicensae has a seasonable excuse for that
failure, adverse action is inappropriate.
In each instance where the videotaping system was found to be fauity, action
was taken by Amellia's to improve the system. VCRs are not "fool-proof' technology,
and gaps in recording are inevitabie. The Licensee has demonstrated substantiai
campl+ance with the Iicense condition and the two instances of noncompliance were
inadvertent. The degree of ongoing compliance is demonstrated by the other material
on the tape provided to the Saint Paui Police Department on October 7, 1999.'
LtEP asserts that violations of the license condition are estabiished by the failure
of Arneflia's to snsure that the carrecY date and time are imprinted on the recording.
TFe;e is no such requirerent in the conditions establishad �or Ameliia`s. Adverse
aation cannot be taken against the Licensee for fai(ing to properly set the date and time
of the VCR, absent some understanding that such conduct is required.
Having one video camera malfunction is aiso cited by LIEP as a violation of the
license condition. The obligation in the license condition to "maintain in good working
order" four video survei0ance cameras assumes that the technology wiA periodically
malfunction and need to be fxed. The measure of compliance is not whether any of the
cameras are broken, but whether prompt action is taken to repair them. In this matter,
the Licensee was prompt and a contractor was diiatory. The Licensee met the
requirement that the video surveiilance system be maintained.
' This standard of conduct is reflected in other license actions invoiving entertainment estabiishments.
For example, in assessing whether adverse action was appropriate where female dancers "went topless"
without a bar owners knowledge, Administrative Law Judge Peter Erickson stated:
This case is not so much one where critica! issues of fact must be determined, but rather one in which
the pena{ty must be appropriate to the violation. This case would be much different if, whea Mr.
Jensen had seen that the dancers were topiess, he fiad immed'sately taken acYion, wfiether or
not successful, to curb the topfess activities. However, Mr. Jensen decided that he could do
nothing at fhat time and it was not until after Officer Nohr became fnvolved that Mr. Jensen put an end
to the topless behavior. Additionally, Mr. Jensen could have instructed his bouncers and other
emp;oyees regar�ing the lavd an rudiry and toid �hem to an�orca the prah�bition if ar,y of the dancers
decitied undress. Atthough Mr. Jensen was not aware that the show wouid be topless, he is not
biameless for the resuiting nudity wfiich continued until after Officer Nohr arrived. fiowever,
Mr. Jensen's good faiih efForts to ensure that the show would not be topless before ever
booking it should be given great weight.
City of Coleraine v. Har/ey Jensen, d/b/a Ha�ley's Huf /l, OAH Docket No. 4-2101-5430-6
(Recommendation issued Aprii 23, 1991)(emphasis added).
14 The time stamp on the tape psovided '+s October 3�, 1989, and that tape-records the en6re evening's
events outside of Amellia's. With the rotation of tapes described by Ameffia's, the next time stamp that
wouid be imprinted on that particular tape is November 7, 1989. At aboui the middfe of the tape
(approximately four hours at extended play), the scene changes to the events on October 7, 1999, and
the time stamp changes to November 7, 1959. The new date and imagery lasts onty a few minutes,
which is consistent with the potice officer receiving the taQe that night These facts support the testimony
04 Larry Aifen that the tape was +nserted accarding to the procedure, but that the "play" button was
inadvertentty pressed.
' As discussed above, the language of the iicense condition fails to expressfy require taping, much less
requiring accurate time stamps. There was no understanding beiween Amellia's and LIEP that the VCR
must imprint an accurate time stamp to meet the license condition.
0
Robert Kessler, Direcfor of LIEP, testified that the purpose of the video
surveillance iicense condition was:
This establishment attracts people that (sic) are prone to vioience. And
that we have a responsibillty to do everything we can to prevent that from
happening. And the conditions were designed, especiaily with the
conditions in regard to the cameras, to send a message to those people
that practice violence fhat they will be watched and that we wiil have
tecords that will protect the public. Because of the lack of good
management Qractices at that establishment, those records are not
avai{able and { th+nk as a result, the message is that they can get by with
these kine�s ef acts at Yhaf estabrshment withcu� having pay :he price.
There is no way for anyone outside the establishment to know whether
videotapes are being recorded at any particular moment. The video cameras and signs
warning about surveillance are promi�ently displayed. Each of the three incidents that
prompted aetion concerning the Licensee occurred off of the licensed premises.
Possession of a business license does not grant police power to controi the actions of
persons outside of the {icensed premises. The purpose of "sending a message" to
persons outside the control of fhe licensee is accompiished by the visible indicia of
video surveiliance.
The efForts made by Ameflia's to prevent a nuisance condition in the vicinity of its
business are reasonab4e. Maintaining videotape generated by surveiflance cameras
does not refate to the ongoing business of the Licensee, but mere4y aids in the
subsequent investigations by police. The inadvertenf faiiure, on two occasions, to
record the video camera imagery from outside the premises does not rise to a failure to
comply with the conditions on Amellia's iicense. The actions taken to repiace a
maifunctioning camera were reasonable. Arnellia's has demonstrated by a
preponderance of the evidence that it was in substantial compliance with its license
conditions. LIEP failed to demonstrate that Arnellia's has failed to comply with the
condifions on its iicense. Therefore, the Administrative Law Judge recommends that
this matter be DISMISSED.
..-
76 Hearing Testimony, Tape 1
�
Appendix A
EFFECTIVE 07/08/99:
1. Dress Code: Amellia's agrees to continue to enforce a dress code for customers
designed specificaliy to prevent patrons or customers from concealing weapons or
contraband inside baggy clothing or wearing gang affiliated coiors.
2. Adherence to Strict tdentfication Requirements: Amelfia's wiif require proper picture
identification finm anyone who appears to be younger than 30 years old. Those without
proQer identification shait be denied entrance.
3. increase Communication with Police and Neighbors: Ameliia's shali initiate and
maintain reguiar communication with the west sector team police commander or his
designee, and licensing officiais, Christine Rozek and Kristina Schweinler. Meetings
shaii inciude neighborhood organizations to the extent oossib!e.
4. Control Music Type and Format Amellia's shail continue to be responsible for
screening out music that promotes or glorifies violence and nefarious or anti-social
behavior.
5. Amellia's management and security personnel will insure that patrons do not leave
enmasse, but rather, management and secuirty wiil encourage patrons to leave in an
orderly and conVolled manner between 12:30 a.m. and 1:15 a.m.
6. The public teiephones shall not allow incoming calis, nor any calis to or from electronic
beepers or pagers.
7. Amellia's shafl maintian a list of aIl patrons who have been banned from the
establishment, and this list shali be strictly enforced by Arneliia's. Such list shail include
proper identification of that person, photograph and a notice of trespass. This notice
shoufd be in tripficate with one copy going to eacfi of the foliowing: 1) Maintained by the
establishment; 2) UEP; 3) the individual being hanned. Once banned, a person wiil
remain banned for a mi�imum of one year. Ameillas will cooperate with police in filting
out trespass notice(s).
8. Ameliias shall continue to provide security personnei to promote the orderly behavior of
patrons on and leaving the premises. The premises shall include the area immediately
adjacent to the establishment. Special attention will be paid to encouraging patrons to
leave the area.
9. AII employees and security personnel information shall be provided to LIEP for .
background checks.
10. Amelila's wiil empioy the use of a metal detecting devices to ensure there are no
weapons on the pcemises.
11. Licensee holder will maintain in good working order at Ieast 4 video surveillance cameras
on the exterior of the building to constantlV monitor the exterior of the premises. Tapes
must be maintained for 7 days.
12. A video surveiilance camera shali be maintained in good working order in the interior of
the establishment to monitor customers as they enter the estabiishment. Tapes must be
maintained for 7 days.
13. Signage sfiall be posted on the exterior of the buiiding to notiTy patrons that the area may
be under video surveillance.
14. Security personnet will be on duty daiiy from 8:00 p.m. untii closing.
15. Back door wiil remain locked after 5:30 p.m. to prevent entry.
16. The licensee wiil lock the door of the establishment at 12:30 a.m. No additional patrons
will be allowed antry after that time.
17. Condifions reviewed at renewal.
10
OFFSC=' TFIE CITY ATTORNBy
Ctayton, obinson, Ja, GryAnorney
CITY OF SAINT PAUL
Nomr Coltmart, bfayor
�r
December 15, 1999
civit Divisiort
JDO City Hatt
15 3Yesr Re11ag� Bh•d
Saint P¢u!, A/innesofa SSIO?
NOTICE OF FIEARING
Ameilia Allen
Arnellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by i�ietro Baz & Grill, Inc. d/b1a Ameilia's
for the premises at i 183 University Ave. in St. Paui
License ID �: 54523
Dear Ms. A11en:
Teleplione: 651 ?6G.3; IO
Farsrixi(e: 657198-5619
Piease take notice that a hearing will be held at the followin� time, date and place concemin� all
licenses for the premises stated above:
Date: Wednesday, January 26,1999
Time: 9:30 a.m.
PIace: Room 41
Saint Paai City Hall
15 West Kelloge Bouievard
Saint Paul, Minnesota S�IO2
The hearing will be presided over by an Administrative Law Judge from the State of �rtinnesota
Of#ice ofAdministrative Hearings:
Name: Phyllis A. Reha
Office of Administrative Hearings
I00 �Vashinb on Square, Suite 1 i00
Nlinneapolis,l'IN. SS4p1
Telephone: (612) 341-7602
� �
Grill, Inc. d/b/a Arnellia's
— City's Exh. # 10 —
�� The Council ofthe Cify of �_.nt Paul has the auihoritp to provide for nearin�s coaceming licensed
premises and for adverse acTion a�ainst such licenses, under Chapter 3 I0, inctudin� sections 310.05
and 310.06, of the Saint PauI Legislative Code. In the case of licenses ior intosicatin� and non-
intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.�15. Adverse
action may include revocation, suspension, fines and other penaities or conditions.
Evidence �vil] be presznted to the judge �c may lead to adverse action aQainst a11 the licenses you
hold at the above premises as iollows: `
On September 23,1999 there �vas a shooting outside of Arnellia's,
near the alIey on the tirest side of the bvilding. Saint Paul police
officers ��•ent fo the bar later thaY day to recover tapes from the
video surceillance cameras to assist the police in identifi•ing the
suspecfs in the shooting. Officer Sohnson tivas informed by the
o�vner that therewas no camera near the area in question. When
asl:ed if police could revie�c the other camera tapes, the o�vner
stated that the cameras �cere not taping at the time of the
incident. There is a condition on the licenses that the License
hoIder must maintain "in good tivorking order at least four video
survelllance cameras on the etterior ofthe building to constantly
monitor the exterior of the premises. Tapes must be maintained
For 7 days." Failure to have the video cameras on and taping on
September 23, 1999 is a��iolation of the condition.
On October 7, 1999 there ti�•ere shoYs fired outside of ArneIlia's,
and an individual tivas run down in the parking lot and l:illed.
Saint Paul police officers obtained the tapes from the video
surveillance cameras to assist the police in inti�estigating the
incident. SeveralmembersofthehomicideLTnitzvatchedthetape
provided, and it �vas apparent that a large portion of the events
from October 7, 1999 are not on the tape. It appears that the
seeurity cameras were not acEivated until after the incident in
which the person was I:illed, as the first thing from the date in
quest9on is the arrival of the squads called to incestigate.
Additionaliy, the times and dates on the tapes mal;e no sense, and
the iYems being viewed in the specific sun�eilIance areas covered
by the various cameras shift abrupth�. There is a condition on the
licenses that the License hoIder must maintain "in aood icorl:ing
order at least four video surceillance cameras on the e�terior of
the building to consYantly monifor the exterior of the premises. �
Tapes must be maintained for 7 da}•s." Failure fo have the video
cameras on and taping af all times on October 7, 1949 is a
violation of the condition.
Notice oi f��aring - page 2
� You have the right to'be s��,resented by an attomey before and du�,�ig the hearin�, or you can
represent yourself. You may also have a person of your choice represent you, to the extent not
prohibited as unauthorized practice oflaw.
The hearing �vili be conducted in accordance with the requirements of tifinnesota Statutes sections
14.�7 to 14.62 and such paris of the procedures under section 310.0� of the Saint Paul Leeislative
Code as may be applicable. `
At the hearing, the Administrative Law Jud�e �vill have all parties identify themsztves for the record.
The Ciry cvill then present its t�ztnesses and evidence, each of �vhom the licensee or attorney may
cross-examine. The licensze may then offer in rebuttal any witnesses or evidence it may tic ish to
present, each of �vhom the City's attomey may cross-examine. The Administrati� e La�v Judse may
in addition hear relevant and material testimony from persons not presented as �vitnesses b5� either
party who have a substantial interest in the outcome of the proceedin�; for eYample, the o«�ners or
occupants of pzoperty located in close prosimity to the licensed premises may have substantial
interest in the outcome o£ the proceedin'. Concluding azguments ma}• 6e made 6y the parties.
Following the hearin�, the Jud�e will prepaze Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
You should bring to the hearin� all documents, records and witnesses you �vill or may need to
suppott your posiCion. Subpoenas may be available to compel the attendance of witnzsses or the
production of documents in conforsnity �vith Minnesota Rules, part 1400.7000.
if you think that this matter can be resolved or settled without a foranal hearino, please contact or
have your attorney contact the undersi�ned. If a stipulation or a�reement can bz reached as to the
facts, that stipulation tivill be presented to the Administrative Law 3udse for incorporation into his
or her recommendation for Council action. y
If you fail to appear at the hearin�, your ability to challenge the allegations �vi11 be forfeited and the
allesations a�ainst you cvhich have been stated earlier in this notice ma}' be taken as true. if non-
public data is received into evidence at the,hearin�, it may become public nnless objection is made
and re(ief requested under Minnesota Statutes, Section 14.60, subdivision 2.
If you have any questions, you can call me at 266-8710.
Very tnzly yours,
i \ �� /�
�_��It c�,._.c,ci 1� �--t' �x.c-i
Vir�inia D`. Palmer
Assistant City Attomey
cc: Arlazk VauQht, Suite 700, Six W'est Fifth St., St. Paul, �' SS1D2
Nancy Thomas, Office of Administrative Hearin�s, 100 �Vashington Square, Snite 1700,
l�ipls, NIN »40i
Notice of Heariag - Paae 3
_ , _ --,
Nancy Anderson, fvsistant CounciI Secretary, 310 Ciry Hatl
Robert Kessler, Director, LIEP
Christiae Rozek, LIEP
Cathy Lue, Community Organizer, Hamline Mid�vay Coalition,1564 Lafond Ave., St. Paul,
i�IN 55104
Notice of Hearing - Pag c
STATE OF MINNESOTA
COUNTY OF t'2AMSEY
ss.
AFFIDAVIT OF SERVICE BY MASL
JOANNE G. CLEMENTS, being firsL duly sworn, deposes and says
that on December 15, 1999, she served the attached NOTrCE OF
AEARING on the following named person by placing a true and correct
copy thereof in an envelope addressed as foliows:
Arnellia Allen
Arnellia's
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of sa
same, with postage prepaid, in the Un}
Minnesota. /
) and depositing the
s mails at St. Paul,
G
Subscribed and sworn to before me
this 15"' day of Dece�er, 1999.
tary Publi
PETEA P.PANGB4RN
NOTARY PllBLfC — M{N�ESOTA
dy Comm Expues Jan.31.200;
OFFICF ' THE CITY ATI'ORNEY
Clay(on,41..,obiraon, Jr., CiryA[torney
CITY OF SAINT PAUL
Norm Coleman, Nfayor
Civi1 Division
400 Ciry Hall
IS IV¢s[Ke[loggBhd
Suint Paul, .Lfenneso[a SSIO?
Telephane: 651 266-8970
Facsimile: 651 298-S6T 9
September 30, 1999
NOTICE OF VIOLATTON
Amellia Allen
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: A11 licenses hetd by Metro Baz & CTri11, Inc. d!b/a Arnellia's
for the premises at 1183 I3niversity Avenue
License ID #: 54523
Dear Ms. Allen:
The Director of the Office of License, Inspections and Environmental Protection has
recommended advexse action against all licenses heid by Metro Bar & Grill d!b/a Amellia's for
the premises at 1183 University Avenue. The basis for the recommendation is as follows:
On September 23,1999 there was a shooting outside of
Arneilia's, near the alley on the west side of fhe building. Saint
Paui police o�cers went to the bar later that day to recover
tapes from the video surveillance cameras to assist the police in
identifying the suspects in the shooting. Officer Johnson was
informed by the o�vner that there was no camera near the area
in question. When asked if police could review the other
camera tapes, the owner stated that the cameras were not
taping at the time of the incident. There is a condition on the
licenses that the License ho(der must maintain "in good
working order at least four video surveillance cameras on the
exterior of the building to constantly monitor the eaterior of
the premises. Tapes must be maintained for i days." Failure
to have the vadeo cameras on and taping on September 23,
1999 is a violation of the condition.
� S
�
� Grill, Ine. d/bfa Arnellia's �
City's Exh. # 5
Page 2
Amellia Allen
September 30, 1999
If you do not dispute the above facts piease send me a letter with a statement to that effect. The
matter wili 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 appeaz there for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearin�
before an Administrative Law Judge (AL�. Tf you wish to have such a hearing, please send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so
you wi11 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 Monday, October li, 1999, how
you would like to proceed. If I have aot 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 St. Paul Cify Council. '
If you have any questions, feel free to call me or have your attomey call me at 266-8710.
Sincereiy,
` ��r�c, f
U
Virginia D. Palmer
AssistanY City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Orgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATE OF MINNESOTA
COUNTY OF :2�MSEY
ss. AFFIDAVIT OE SERVICE BY MAIZ
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on October 1, 1999, she served the attached NO:ICE OF
VIOLATION on the =ollowing named person by placing a true and
correct copy thereof in an envelope addressed as zollows:
Arnellia Allen
Arnellia`s
1183 University Avenue
SC. Pau1, MN. 55104
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn to before me
this 1st d� of O�tob�, 1999.
� ( ./ / �� PETER P. PANG80RN
� NOTAAY pUBUC - MINNFSOTA
� =� Mv omm, Expires dan.3t, 2co�
Notary Pub ; �c •`^`^^^�,,,,,,____
OFFICF ^F THE CITY ATTORNEY
Clay�on 1. ibinson, Ja, Ciry Attorney
CITY OF SAINT PAUL CivilDivision
Norm Cafeman, 3fayar 400 Ciry Xal1 Telephone: 651 266-8i70
ISiVestKe!loggBlvd Fauimile:651298-5619
Saint Paul, bfinnesata 55102
i
November 10, 1999
NOTICE OF SECOND VIOLATION �
Arnellia Allen
Arnellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Baz & Grill, Inc. d/b/a Arnellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Dear Ms. Allen:
The Director of the Office of License, Inspections and Environmental Protection has
recommended adverse action against all licenses held by Metro Bar & Grill d/b/a Amellia's for
the premises at 1183 University Avenue. T'he basis for the recommendation is as follows:
On October 7,1999 there were shots fired outside of Arnellia's,
and an individual was run down in the parking lot and kiIled.
Saint Paui police officers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. Several members of the homicide Unit �vatched the
tape provided, and it was apparent that a large portion of the
events from October 7,1999 are not on the tape_ It appears
that the security cameras were not activated until after the
incident in which fhe person was killed, as the first thing from
the date in question is the arrival of the squads called to
investigate. Addifionally, the times and dates on the tapes
make no sense, and the items being viewed in the specific
surveillance areas covered by the various cameras shift
abruptly. There is a condition on the licenses that the License
holder must maintain "in good working order at least four
video surveillance cameras on the exterior of the building to
constantly monitor the exterior of the premises. Tapes must be
maintained for 7 days." Failure to have the video cameras on
and taping at ail times on October 7, 1999 is a violation of the
condition.
� �
_ Grill, Inc, d/b/a Arnellia's
City's Exh. # 9 —
Page 2
Amellia Allen
November 10, 1999
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 oppomuiity to appear and speak on your own
behalf, or to have someone appeaz there for you.
On the other hand, if you wish to dispute the above facts, I �vill schedule an evidentiary hearing
before an Administrative Lacv 7udge (A.L�. If you wish to have such a hearing, piease send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so
you �vill know when and where to appeaz, and what the basis for the heazing will be.
In either case, please let me knorv in writing no late than Monday, November 22,1999, how
you would like to proceed. If I have not heard from you by that date, I will assume thaf
you are not contesting the facts. The matter wlll then be scheduled for the hearing before
the St. Paul City Council. '
If you have any questions, feel free to call me or have your attomey call me at 266-8710.
Sincerely,
��� ���
Virginia D.�
Assistant City Attomey
cc: Mazk Vaught, Suite 700, Six West Fifth St., St. Paul, M�155102
Robert Kessler, Director, LIBP
Christine Rozek, LIEP
Cathy Lue, Community Orgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATE OF MINNESOTA
COUNTY OF RAMSEY
ss. AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on November 10, 1999, she served the attached NOTICE OF
SECOND VIOLATION on the following named person by placing a true
and correct copy thereof in an envelope addressed as follows:
Arnellia Al1en
Arnellia's
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the Un' tates mails at St Paul,
Minnesota. � ��� .
Subscribed and sworn to before me
this lOth day_ of Noyembe�, 1999.
ER P. PANGSORN
NOtaY'}� PUI�IIC � �J NOTARYPUBLIC-MINPJESCTA
° My Comm. FXpires Jan. 31, 2C0
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Griil, Inc., d/b/a Arnellia's,
Petitioner,
vs.
WRIT OF CERIORARI
COURT OF APPEALS
FILE NO: �— CX� — I� 5 �
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COUNCIL FILE NO. 00-585
DATE OF DECISIOiV:
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
JUNE 27, 2000
TO: The City of Saint Paul and the City Council of the City of Saint Paul:
You are hereby ordered to return to the Court of Appeals within ten (10)
days after the date realtor's brief is due the record, exhibits and proceedings in the
above-entitled matter so that this Conrt may review the decision of the City Council
issued on the date noted above.
Copies of this Writ and the accompanying Petition shall be served forthwith
either personally or by mail upon the City of Saint Paul as follows:
City Clerk
170 City Ha11
15 West Kellogg Boulevard
Saint Paul, Minnesota 551�2
And upon the attomey for the City of Saint Paul as follows:
Virginia Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Boulevard
saint Paul, Minnesota 55102
Proof o1'service shall be filed with the Clerk of the Appellate Courts.
Clerk of Appellate Courts
� �..
Dated: July _, 2000
gy;��'� �`��Z� a�,4
Assistant C?er?c
(Clerk's File Stamp)
2
STATE OF MINNESOTA
IN COURT OF APPEALS
Mefro Bar & Griil, Inc., d/b/a Arneitia's,
STATEMENT OF THE CASE
Peritioner, OF PETITIONER
vs.
COURT OF APPEALS
FILE NO.
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COUNCIL FILE NO. 00-585
DATE OF DECISION:
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
NNE 27, 2000
1. Court or a2encv of case ori�ination and name of presidin� iud¢e or hearine
officer.
City Council of the City of Saint Paul
Dan Bostrom, President and Presiding Officer
Phyllis A. Reha
Administrative Law Judge
2. Jurisdictional statement.
B. Certiorari appeal.
There is no specific statute or appellate rule conveying jurisdiction.
However, the Court by decision has established the procedure to be
followed in matter such as this. A party seeking to obtain judicial
review of a quasi-judicial decision of a city council must proceed by
petition to the Court of Appeals seeking a writ of certiorari. Micius
vs. St. Paul Citv Council, 524 N.W.2d 521 (Minn.App.1994). See
aiso, Neitzel vs. Countv of Redwood, 521 N.W.2d 73 (Minn.App.
1994), pet. for rev. denied (Minn. 1994) and Town of Honner vs.
Redwood Countv, 518N.W.2d 639 (Minn.App.1994), pet. for rev.
denied (Minn. 1994).
C. Other appellate proceedin�s.
With respect to the Motions regarding a stay of enforcement of the
license suspension, jurisdiction of the Court of Appeals is established
by Minnesota Statufes Section I4.65.
3. Tvpe of liti2ation and desienate anv statutes at issue.
This matter involves adverse action taken by the City of Saint Paul against
the Petitioner, the holder of certain licenses, including on sale liquor licenses,
issued by the City. The adverse action was taken pursuant to 1Vlinnesota
Statutes Section 340A.415 and Saint Paul Legislative Code Chapters 310 and
409.
4. Brief description of claims, defenses, issues liti�ated and result below.
Respondent sought to take adverse action against Petitioner based on two
incidents occurring, respectively, on September 23,1999 and October 7,
1999, during which the Respondent alieged Petitioner failed to comply with
Condition No. ll on its licenses which reads "License holder will maintain in
good working order at least 4 video cameras on the exterior of the building to
constantly monitor the exterior of the premises. Tages must be maintained
for 7 days."
After Notices of both violations were issued, a hearing was held before an
Administrative Law Judge on January 26, 2000.
At that hearing Respondent maintained that with respect to the September
23,1999 incident, Petitioner failed to insert a tape into the videocassette
recorder and that said conduct constituted a violation of the condition.
Petitioner defended against the allegation by presenting testimony that the
camera most likely to have captured the incident in question ontside the
estabtishment Fvas broken. Petitioner further maintained tke non-
functioning nature of the cameras had been discovered in August,1999; a
new camera had been ordered and had not yet been installed by a third party
contractor at the time of the incident. Petitioner produced a check dated
August,1999, in payment of the cost of the new camera.
With respect to October 7,1999 incident, Respondent maintained that the
camera system was not properly recording and therefore there was no record
of an incidenf which potentially occurred within the view of one of the
cameras and that said conduct violated the condition. Petitioner defended
against allegation by presenting testimony from an employee that he had
inadvertently pushed the play button rather than the record bntton when
loading a tape into the recorder earlier itt the day. He further testified when
2
he discovered, as the incident outside unfolded, that the system was not
taping, he immediately switcbed the play button to record in an attempt to
record whatever information he could.
After listening to an entire day of testimony and having the benefit of further
submissions from the parties, the Administrative Law Judge issued her
Findings of Fact, Conclusions of Law and Recommendation on April 4, 2000.
In her decision, Judge Reha found that the actions of the Petitioner on both
dates were reasonable and any failure with respect to the surveillance system
was inadvertent or attributable to a third party not under Petitioner's
control. She recommended that the City Council dismiss the adverse action
against the Petitioner.
The City Council considered the report of the Administrative Law Judge on
May 3, 2000. It heard first from the attorney representing the City licensing
office without limitation on time. It then accorded representatives of the
Petitioner fifteen minutes in which to present their case followed by fifteen
minutes of testimony from those who opposed the recommendations of the
Administrative Law Judge.
During this latter testimony, the City Council allowed into the record
inflammatory testimony trom members of a community group who had not
participated in the prior hearing regarding the general subject of violence in
the community and specific acts of violence without ever requiring any
showing of relevance to the issue at hand, which involved an allegedly non-
functioning video taping system.
The Petitioner was not accorded an opportunity to rebut any of the
inflammatory and substantially irrelevant tesfimony.
At the conclusion of the public hearing, the City Council, with minimal
discussion, acted on a resolution by Councilmember Blakey to reject both the
reasoning and the recommendation of the Administrative Law Judge and
impose as a sanction, a license suspension of forty five (45) days with fifteen
(15) days stayed.
In speaking in support of his resolution, Councilmember Blakey adopted
much of the rhetoric of the testifying community members about violence
and only tangentially dealt with the allegations in the Notices of Violation.
He recounted at least one past incident of violence near, but not at, the
licensed premises as though it were the responsibility of the Petitioner.
The decision of the City Council was ultimately codified into a written
resolution which was passed on June 21, 2000 and approved by the Mayor on
June 27, 2000.
5. SFecific issues prouosed to be raised on anneal.
The Petifioner purposes to raise the following issues on appeal:
A. Did the Respondent aet arbitrarily and capriciously in rejecting many
of the findings of fact and legal conclusions of the Administrative Law
Judge and in not adopting the reasoning and recommendation of the
Administrative Law Judge that the matter be dismissed?
B. Did the failure of Respondent to accord Petitioner equal time to
present its case as was permitted the attorney representing City
licensing officials constitute a denial of Petitioner's due process
rights?
C. Did the failure of the Respondent to accord Petitioner an opportunity
to rebut the inflammatory and irrelevant testimony from certain
witnesses, who had not previously been heard and who testified after
the completion of Petitioner's testimony, constitute a denial of
Petitioner's due process rights?
D. Was the failure of Respondent to exclude the irrelevant and
inflammatory testimony regarding unrelated incidents of violence
by certain witnesses arbitrary and capricious?
E. Did the Respondent act arbitrarily and capriciously in reliance on
inflammatory and irrelevant testiraony regarding the general subject
of violence and specific acts of violence from witnesses and comments
in the same regard by Councilmember Blakey in arriving at a decision
in this matter?
F. Did the Respondent act arbitrarily and capriciously in imposing the
severe penalty in this case, both with respect to the nature of the
alleged violations and with respect to its own statutory regulatory
scheme of matrix penalties for certain sorts of violations?
G. Did the Respondent err and act arbitrarily and capriciously in
concluding that there were violations of license conditions by the
Petitioner in this matter.
II. Did any of the members of Respondent's City Council act arbitrarily,
capriciously, illegally and in confravention of the provisions of Saint
Paul Legislative Code Chapter 310.05(c-2) by engaging in ex parte
contacts or discussions with each other or third parties regarding
these matters outside the public record or final Council deliberations.
0
6. Related appeals.
None.
7. Contents of record.
A full transcript is necessary to the review the issues on appeal.
A transcript has not been delivered to the parties nor filed with the City
Clerk.
A transcript has not been ordered From the court reporter. No court
reporter was present during the proceedings but they were taped and can be
transcribed.
8. Oral ar�ument.
Oral argument is requested at the location speciTied in Rule 13904, Subd. 2 of
the Minnesota Rules of Civil Appellate Procedure.
9. Tvpe of brief to be filed.
Formal briefs pursuant to Rule 128.02 of the Minnesota Rules of Civil
Appellate Procedure will be filed.
10. Name, address, zip code, telephone number, and attornev registration license
number of attorneys for Petitioner and Respondent.
For Petitioner: S. Mark Vaught
Attorney at Law
Suite 700
Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
Email: markvav�htna,worldnet.att.net
Attorney Reg. No. 131519
For Respondent: Virginia D. Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
651-266-8710
Attorney Registration No.128995
Respectfully submitted,
Dated: July 7, 2000
��� /
S. Mark Vaught (Atty. �o. 131519)
Attorney for Petitioner
Suite 700, Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
markvau�htnu,worldnet.att.net
0
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Grill, Inc., d/b/a Arnellia's, NOTICE OF MOTION AND
TO STAY SUSPENSION
Petitioner, PENDING 12EVIEW
vs.
COURT OF APPEALS
FILE NO.
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COiTNCIL FILE NO. 00-585
DATE OF DECISION:
ADOPTED: JLTNE 21, 2000
APPROVED BY MAYOR:
NNE 27, 2000
TO: The City of Saint Paul and the City Council of the City of Saint Paul:
PLEASE TAKE NOTICE that the above-named Petitioner, acting through
its undersigned counsel of record, and pursuant to Minnesota Statutes Section 14.65
will move the Court of Appeals as soon as said 1Vlotion can be heard for an Order
staying the suspension of certain licenses issued Respondent to Petitioner, said
suspension currently scheduled to take effect at 12:01 a.m., Wednesday, July 12,
2Q00, pending the review by the Court of Appeals of the action of the City Council
of the City of Saint Paul, dated June 21, 2000, imposing said suspension.
In the alternative, Petitioner will move the Court of Appeals for an Order
temporarily staying said snspension and remanding the matter to the City Council
for consideration of a Motion from Petitioner requesting that the City Council stay
the suspension pending review of its decision by the Court of Appeals.
Petitioner's Motions shall be based upon the files and records herein and the
attached Affidavits.
Dated: July 7, 2000
� /���/�
S. Mark Vaught (Atty. l�o. 131519)
Attorney for Pefitioner
Suite 700, Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
markvau�htna,worldnet.att.net
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Grill, Inc., dJb/a Arnellia's,
Petitioner,
vs.
City of Saint Paul, a municipal corporation,
Respondent.
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
) ss.
)
AFFIDAVIT OF
JACHIE HICKS
COURT OF APPEALS
FILE NO.
CITY OF SAINT PAUL
COITNCIL FILE NO. 00-585
DATE OF DECISION:
ADOPTED: JLTNE 21, 2000
APPROVED BY MAYOR:
JI7NE 27, 2000
Jackie Hicks, being first duly sworn upon oath, alleges and states to the
Court as follows:
1. She is one of the management team of Arnellia's, which is the name by which
Petitioner Metro Bar & Grill, Inc. does business at 1183 University Avenue, Saint
Paul, Minnesota.
2. She offers this Affidavit in support of Petitioner's Motions to stay the
suspension pending review or to remand the matter to the City Council for
consideration of a stay.
3. Petitioner is involved in the hospitality business, serving as a retail seller of
liquor and food and providing musical entertainment for customers of the
establishmenf.
4. In her management capacity she is familiar with the financial books and
records of the Petitioner and has conducted a review of those records prior to
composing this Af�davit.
5. Her review has indicated that the suspension meted out by the City Council
will impose a substantial, if not fatal, financial burden on the Petitioner if the thirty
day suspension must be served prior to review of the decision.
6. Her research has yielded the following effects if the suspension goes into
effect on July 12, 2000, as currently scheduled:
a. She estimates the lost revenue for the Petitioner during the
suspension, exclusive of kitchen revenues (the kitchen is leased and
operated separately by a separate licensee, but is operated as an
adjunct to the business conducted by Petitioner), to be approximately
$27,000.
b. Over twenty (20) fuil and part time employees will lose their
employment during the suspension period, including bartenders,
maintenance personnel, cocktail servers and musicians.
c. Another sis (6) full and parE time kitchen employees will, likewise, be
deprived of their jobs during the suspension period.
2
7. The effect on the Petitioner and the nofed employees would be irreparable
and would render the appeal of the suspension, which she believes to be meritorious,
virfually moot and of symbolic value only, if a stay is not granted.
FURTHER YOUR AFFIANT SAYETH NOT.
Dated; July 7, 2��� �--f�k�-� /t�
a cie Hicks
Subscribed and swom to before
me this 7 day of July, 2000.
. Q�_
l�otary Public
r•1 CA7MEiUEABOaE
NotatrtvtBL�C_fmi�ESpip .,�
MY COMMf$S10N E� ��
JANUAF?Y3t,2005
�'�^--�-�.�.�y
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Grill, Inc., d/b/a Arnellia's,
Petitioner,
vs.
City of Saint Paul, a municipal corporation,
Respondent.
AFFIDAVIT OF
S. MARK VAUGHT
COURT OF APPEALS
FILE NO.
CITY OF SAINT PAUL
COUNCIL FILE NO. 00-585
DATE O� DECISION:
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
JUNE 27, 2000
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
) ss.
)
S. Mark Vaught, being �rst duly sworn upon, states and alleges to the Court
as follows:
1.
matter.
2.
He is the attorney of record for the Petitioner in the above-entitled
He offers this Affidavit in support of Petifioner's Motions for a Stay of
the license revocation pending review or for a Remand to the City Council for that
body to consider such a stay.
3. On or about Friday, 3une 30, 2000, he received by mail, the
Resolution of the City Council memorializing the decision, the review of which the
Writ in this matter seeks.
4. On Monday, July 3, 2000, he spoke by telephone with Virginia
Palmer, Assistant City Attomey, and inquired as to whether the Respondent would
agree to such a stay or would agree to consider such a stay.
5. Ms. Palmer indicated she would speak with her clients regarding your
affiant's request.
6. Ae next spoke by telephone with Ms. Palmer on or about July 6, 2000,
during which conversation she indicated she had spoken to the legislative assistant
to Councilmember Jerry Blakey, who had sponsored the resolution imposing the
suspension which is the subject of review.
7. Ms. Palmer indicated in the 3uly 6 telephone conversation that based
on her conversation with Councilmember Blakey's assistant, Respondent would not
be considering a stay of the suspension pending review of the matter by the Court of
Appeals.
8. After learning of that declination, your affiant has moved as
expeditiously as possible to bring a Motion before the Court of Appeals addressing
the issue of a Stay.
FURTHER YOUR AFFIANT SAYETA NOT.
Dated: July 7, 2000 �� �
S. Mark Vaught (Atty. No. 131519)
Attorney for Petitioner
Suite 700, Six W est Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
markvau�ht(�a,worldnet.att.net
2
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COURT OF APPEALS NiJMBER:C6-00-1156
INDER OF COIINCIL FILS (C.F.) 00-585
DOC.
NIIMBSR
1
2
3
G!
5
DATS
DESCRIPTION
6-21-00 Resolution and Green Sheet suspending the
(date license of Metro Bar & Grill d/b/a
adopted Arnellia's and adopting the Report of the
by ALJ with exceptions and amendments
Council)
6-1-00 Letter from State Representative Andy
Dawkins offering opinion that Arnellia's
license not be suspended.
4-20-00 Notice of Public Hearing letter sent to
Attorney Mark Vaught by Assistant City
Attorney Virginia Palmer regarding 1-26-00
Findings of Fact, Conclusions of Law and
Recommendation of the Administrative Law
Judge.
5-3-00 Letter from Virginia Palmer to Mark Vaught
regarding the City's Exceptions to the
Findings of Fact, Conclusions of Law and
Recommendation of the ALJ. Includes
City's Final Argument - Statement of Facts
5-9-00 Memo to City Council from Nancy Anderson
regarding laying over of item #32 on the
May 10 Council Agenda to June 7 for a
Public Hearing.
NIINIDER
OF
PAGBS
5
FI
11
17
F�
6. 144 petition cards requesting the City 144
Council to support the findings of the cards in
ALJ, as it relates to not sanction 1
Arnella's. envelope
7. 6-21-00
8. 6-21-00
Videotape of 6-21-00 Saint Paul City
Council meeting.
Summary minutes of 6-21-00 Saint Paul City
Council meeting.
DOCUMENTS RETIIRNED BY TfiE ALJ
RECEIVED IN THE CITY CLERR'S OFFICS 4-5-00
E�
10
4-4-00 Letter from Phyllis Reha, Administrative
Law Judge, to the City Council regarding
the Findings of Fact, Conclusions and
Recommendations.
3-6-00 Letter from Virginia Palmer to the Ai,J
Phyllis Reha regarding City�s Reply
Memorandum.
1 tape
14
Fya
E
�
ii.
,
12.
13.
14 .
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
3-6-00
3-2-00
2-18-00
2-28-00
12-15-99
1-26-00
9-30-99
9-23-99
9-23-99
9-30-99
11-8-99
10-29-99
Fax cover from Mark Vaught to Phyllis Reha
regarding no further submissions in the
Metro Bar & Grill matter.
Fax from Mark Vaught to Phyllis Reha
summarizing and presenting Respondent's
view of the evidence.
Letter from Virginia Palmer to Phyllis
Reha enclosing the Final Argument on
behalf of LIEP.
Letter from Phyllis Reha to Virginia
Palmer granting her request to extend the
period for reply briefs. Attached is the
letter from Virginia Palmer requesting the
extension.
Letters from Virginia Palmer and Peter
Pangborn announcing Notice of Hearing to
Arnellia Allen.
List of City's proposed exhibits.
City's Exhibit #1, License Information
Report
City's Exhibit #2, License conditions for
Metro Bar & Grill dba Arnellia's
City's Exhibit #3, Police report prepared
by Officer Gerald E. Johnson
City's Exhibit #4, Police report prepared
by Sgt. Richard J. Munoz
City's Exhibit #5, Notice of Violation
City's Exhibit #6, Police report prepared
by Sgt. Mark C. Kempe
City's Exhibit #8, Letter from Ms.
Arnellia Allen to Robert Kessler
11-10-99 City's Exhibit #9, Notice of Second
Violation
12-15-99 City's Exhibit #10, Notice of Hearing
10-7-99 City's Exhibit #7, Videotape from
Arnellia�s
1
5
li
2
5
2
4
1
2
3
3
2
2
3
5
1 tape
C le �� c� � �P �1 �c�.`�e- �� �-��
�ece�ved �o l a� l a� b� °- �'�Q�A, �
d�i,�� 7 -= �a
,
,m/Jr ��. %> s
i1 e'�� Gl���� C�d��
I, Dy�� Ltl. ,�� {�`"/ �C�V� �)f ; request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanetion the Metro Bar and Griil, common3y known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �(,�,�� -kO.C�it,x /� (i/O Zip _�/1�.3
UD-ss£S - �
��
�v
�
��
�
,. r ���� .�^ �^d2�o �,�,: � e
Signed)/ Date) /, (,�
J �C,� �L/m-a�� ��"�. .L��, a yu��v�`�v,z.�` � -
I y 1 f�y���� , request that the St. Paul City Cauncil
vote to support the findings of the Administrative La�v Judge, as it relates to not to
sanction the Metro Bar and Grili, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly '.'eel that they are doing all within their
power to maintain a safe environment for both the:r customers and the general pubiic.
I am a resident at �
-� _
Zip ���
�,��� �U�_
(Dace>
�ip-585
�' LIOQYi ���5
vote to svp rt the fi��ings of the Adminisirative Law �e 1 ates o not to1l
sanction the Metro Bar and GrilI, common3y Irnown as �ella's Night Club.
I� a Fatron of this establishmenY, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the gerieral pubiic.
I am a resident at ��"q� �� � � n`
l,Gf-� Zip�� _
(Signed) ,T—/t'!-�1
{Date)
T> >ahr....a � �
vote to su � r�Quest that the St. Paul City Council
pport the fndmgs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly }mo� as Arnella's Night Club.
I� a patron of this estabIislunent, and I strongly feel that they are doing al1 within their
power to maintain a safe environment for both their cusYomers and the general public.
I am a resident at �, ,� U Up� � �
� yLo-
Zip 5 Si��}
�
(5ign d) 5 — 4 `�'i ^ �u
(Date)
�'�S
I _, request that the St. Paul City Council
vote to support fhe findings of the Admmistrative Law Judge, as it relates to noY to
sanction t he Metro Bar and Grill, commonly known as Amella's I�ight Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their cus mers and the general public.
I am a resident at ���[—������� Zip ����
--�5� � �
(Signed � (Datg�
♦r .=
UO•585�
� Gy/ J,(�a��ivt �1%'��s;��/�-----request that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanetion the Meuo Bar and Grili, common�y known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at
� Z �� �r� � �� z� .SS�°`�
��� � ��',��� � - 7 �
(Signed) (Date)
.. `00-585
I, - � request that the St. Paul City Councii
voie s port fhe £ndings of the dmuustrative Law Judge, as it relates to not to
sanction the Metro Bar and C�riII, commonly laiown as Ainella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for bgth $heir ,c�y�tomers and the general puUlic.
I am a resident at
... � / f
(5i e (Data
OU- 5$S
I, � request that the St. Paul City Council
vote to support the findings of the Administrative Law 3udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
pawer to maintain a safe environment for both their customers and the general public.
I am a resident at
(Signed)
(Date)
Zip
I, `� �1 p fl GlI,Q =�t�Qna� , request that the St. Paul City Councii
vote to support the findings o he Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelta's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �.��� `---�I� Zip r `J�G
� � ��91d7, �A� 2��C�
(Signed) r (Date
♦ • _v
�� C?t�- SSS
n �.
I�`�� �,� f(I � request that the St. Paut City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Ameila's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �f�� �.t� �l�t�� �� Zip , S��
. �,��__.__ � -� -� u _
(Signed) (Date)
- ---- ----- _---__-_ _-,�..,-.__„_,!
�~ �J
I, ��t;; ip �.J� �`r� , request that the St. Paul City Councii
vote to support the findings of the Admmistrative Law Judge, as it re]ates to not to
sanetion the Metro Bar and Grill, commonly known as Arne11a's Night Club,
I am a patron of this establishment, and I strongly feel that they are doing a11 within their
power to maintain a safe environment for both their customers and the generat puUlic_
I am a resident at � s-� �u ��" �•� � r/`� -- ZiP S �� �
. h , , � 0 GC�
(Signed) (D te)
_ _ _ • - .: _ _ ._. __�- -
��SgS
j �' �� � � , request that the St. Paul City Council
vote to sup o e findings of the Administrative Law Judge, as it relates to not to
sanct'ron the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doin� ail within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �G��,� ��� ��`'� Zip,�..S�D�-
. , f�y'�-� ���� d �
(Si d (DaLe
�� .
I i f�,�� j� �t'J/Ti° � , request that the St. Paul City Council
vote to support the findings of the AdministraYive I.aw Zudge, as it relates to not to
sanetion the Metro Bar and C�rill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing ati within their
power to maintain a safe environment for both their customers and the general publac.
I am a resident at 7�� L.�'�° �D �� Zip �S � b�
���,� �/h..�c�, � ( . 7: G �
(Si (Date)
-
I,
�(Z ('Y1e, �C. �1��1') t� , request that the St. Paul Ciry Council �� ��
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's.Night Club.
I am a patron o£ this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ����X a� �� Zip la �.
.., 5 ��� ��- �D�lq-�U
c�,
�s-saS
I �C� ,.„,_ —�—�, � yt� i T`i� , request that the St. Paui City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at If �� �- �� Zip �5��'
� �.��. s. ' �,: -� ��
-�..�-
(Signe ) (Date)
�U-S�S
� J � f
T, �/ request that the 5� Paul City Council
vote to suppo e findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly imown as.Amella's Night Ciub.
I am a patron of this establishtnenk, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � 7�� �>��� �--. Zip S�
,
�' r
� � � �� �
(Signed) ` (D te)
-- — -- ---
— . _.. __ -------
__ av.-s�s
I v?�p/-'� �� request that the St. Paul City Council
vote to suppoct the findings of the Admmistrative Law Judge, as it relaYes to not to
sanction the Metro Bar and Grill, commonly lrnown as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at l � �� '��� Zip 5�� � f� �
:���� 1 ^ � �- �-P -_ L���i
(Signed) (Date)
- - � rX�� .585
I, �p �-��- . "��'`�L� , request that the St. Paul City Councii
vote to support the findings of the Administrative I.aw 3udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�ly feel that they are doing all within their
power to maintain a safe environment for both their customers �nc�lhe generai public.
I ara a resident at
��� � ��
(Date)
_ -
tx� - s8s
I� � � request that the St. Paul City Council
vote o s pport f e findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly Imown as Amella's Night CIub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintaiu a safe environment for both tbeir cusfomers and the general public.
I am a residenY at � �J S�' ��"�Zip ��eJ ��
� :�1 � ��`��'.�
(Signed} ` (Date)
---�..-_--- --=----- --�--- --------- --- — --- -- --------F�:,�
Gn' ``JsS
sanction the Metro
uest that the St. Paul City Council
Law 7ud�e, as it relates to �ot to
z as Amella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing aii within their
power to maintain a safe environment for both their customers and the general public.
at
Zip ��ZY C?�
.��� l
(Date)
a?-'`J ��'". . v_e�
I, I:J>���G�o r�.o..� , request that the St. Paul City Council
vote to supp rt the findmgs of the Administrative Law Judge, as it relates to not to
sancfion the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I sVOngly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general pubiic.
I am a resident at S� b �� S��(�• h.� �, t/1/� ,"-�� 4�� Zip •,S J l f �.
� b �
(Signed) (Date)
v� �.�� :;�.� cb- SgS
I> request that the St. Paul City Council
vote to supp t the findings of tlte Administrative Law Judge, as it relates Yo nof to
sanction the Metro Bar and Griil, commonly known as Arnella's Night Club.
I am a patron of this establishmenT, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their cns,tomers and the general public.
I am a resident at J�� �� z;p S5l �..�' .
�
C���
(Signed) (Dat��� I' �~
C#�-58�
I, _•�� request ihat the S� Paul City Councal
vote to suppor findmgs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knorvn as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � ) J �✓dv'r'1.� Zip �L �
�-���� � �. �
(Signed) (Dat )
- �- - - � - !1D- S$5�
I e,��/ '�j�.,,,�.-, , request that the St. Paul City Council
vote to support th indings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly lrnown as Arnella's Night Ciub.
I am a Qatron of this establishment, and I strongly feel that they are doing all within their
power to mamtain a safe environment for both their customers and the general public.
I am a resident at 'tl �f �?LA� t'� �'`'-- Zip �j ,Sla �
.. � � �, � ,,,,,.,� �' . � 1 _ C'�, 0
I -�.�Q S� �./ ��� w�� �c �; request that the St Paul City Council
vote to svpport the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
i am a patron of this establishment, and I strongiy feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
� ( G �
I am a resident at ���l5 G��T i'�� '�� Zip SS /� .
� ` C��IS�� � S �� � �dc�
(Signed} (Date)
i���/ /� J tJ �`� ���st t�hat the St. Paul City Council
vote o svpport the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly lcnown as Arnelia's Night Ciub.
Do-S�S
�� V��
I am a patron of this establishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their customers and the ner pu �c. �'
F am a resident at �" 9��PEfJ r,�o o p�,� � P � p '�.. �-��� ,
—�-- � .�., � f ,
. �` �1 aaoo
{Signed} (Date)
I> � , request that the St. Paui City Council
vote t pQort the indings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
°-° -: ., : :_ _:..:.,.
00 •s8S
I am a patron of this establishtnent, and I strongly feel thai they aze doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
-- __...
- --=::�__
�
�
_ - -- - --0 $
I,�PUrl1 �,U. �20Gt/l✓ , request that the St Paul City Council
vote to support tLe findings of the Administrative Larv 3udge, as it relaies to not to
sanction the Metro Bar a�d Griil, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongty feeI that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at .S�g ���'i��/ s� Zips-�/(i
_.' �/`��� / /V i �L.!/( //vV ! �'�d��" l/ V
{Signed) (Date)
_ _ ._ __ . - -- - - b0• 58S
I _� request that the St. Paul City Council
vote to support the findings of the Admmistrative La�v 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at a�0 t-���'1 �E{ ) f'� ai� Zip CS�j 1� .
., � ,gS't 1'k �2 2C 7� ����C�;�.�'`ZlJ`t�
( igned) � (Date)
- -- — - -
— --- -- t;a- SgS
I �� � ��j{ � , rec{uest that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain environment for both their customers and the general puUlic.
1 am a resident at �� �"�9 �� Zip y���.
�
( ate)
_�_ . .=�.�.
oo-SS S
1, �� ,.I �� - , ,� � � � � , , reqnest that the St� Paul Clry Council
vote to support the findings of the Admmistrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as AmeIla's Night Club.
I am a patron of this estabiishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �
, request that the St. Paul City Council
vote to supp rt the mdi gs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
Zip � ,��?
�
s- � - �i tJ
(Dace)
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� {��9�`� S�` l� �'�6�VL� Zip SS �
, = � � 2- S �
(Signed) (Date)
j�U' S�3b
— - �� sg +7 --
j ��jJ(/�LY}'t S , request that the St. Paut City Council
vote to support the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at (��7 Gt-e—l� ���'�'� Zip �j U�.
.. IQ�� � ����-a�K'a� tS'�� 11�d
(Signed} (Date)
- - --- - - - - - - - ---- _.
!�0' S8S
I � �-��fi�� ��request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly irnown as Amella's Night Club.
I am a patron of this establishment, and I stron�ly feel that they are doing all within their
power to maintain� afe environment for both their customers and the general public.
I am a resident at �i��U ///� Zip
• ( � ��G'.� /���-��-�� � � � V G�
(Signed) (Date}
I .'t�/?!l�s�--� `x `�'� , request that the St. Paul City Council
vote to suQport the andings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
i
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe e�vironment for both their customers and the general puUlic.
Iama
Zip �
or� � �
S��l/'�
(Date)
�_ _ � � �_
I, � J� �pr.�-s �, �ru, t�.e, �— , request that the St. Paul City Council
vote to support the findings of the Admmistrative Law 3udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishmem, and I strongiy feel that they aze doing alI within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �J c� � f u vi c� e. � Zip �S/ Q�'j
.. �� _`��„Q� �� �� S ' � 1 � �
{Signed) (Date)
� --
�r :.
i �� ��� � fJ �(`� j� , request that the St. Paul City Council
vote to s pport the findings of the Admimstrative Iaw Judge, as it relates to not to
sanction the Metro Bar and Grili, commonly known as Amella's Nlght Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
potiver to maintain a safe environment for both their customers and the general puUlic.
i am a resident at i�l i���� �" n Zip �//�
_ � �, �tit�,�,� � a� �!�
(Signe ) (D e)
j ��j� ��! /����_ request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a re� at /�/�`� s'/ C�/�'!lJ �— T ZiP `��
� !
�
� �
{DaYe�%
!x�•���
< _:. v .�
- - - -- - � oV�S$S
I ���� > request that the St. Paul City Council
vote to support the findi� s of the Administrative Law dudge, as it relates to not to
sanetion the Metro Bar a Grill, commonly known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing alI within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ��{ d� f� � C� f f i r� ef �� __ Zip � rSY R ��
�-- f
.. ' J�IL(tGC�
(Signed) (Date)
- - - co-s8S
I ��-•a � � i" (,�C� �, request that the St Paul City Council
vote to support the findings of the Admimstrauve Law Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly lmown as Amella's Night Club.
I am a patron of this establis4tment, and I strongly feel that they are doing all within their
power ta maintain a safe environment for both their customers and the general public.
I am a resident at / t / �� � ��� Z �
{--.�
�
�
S � ''
{Dat�e)
Gd'r`JSS
T �fQ�f/Za �� �fr ��� � , request that the St. Paul City Councii
vote to svpport the �ndings of the Administrative Law Judge, as it relates to not to
sanetion the Metro Bar and Grili, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongiy feel that they are doing alt within their
power to maintain a safe envimnment for both their customers and the general puUlic.
I am a resident at �✓�� �UGL �� Zip ���� �
� r���,,�.��,�� 5 a�
(Signed � �a�)
I �,�C�. 1J��--�,�1 , request that the St. Paul City Council
vote to suppo � the findings of the Administrative Law 3udge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
— - �^ �s
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ���__� ��,���J�� ���� Zip �J�j �3�
, .�.-��- � �^-_ � �� - ��
(Signed} (Date)
1 �(� }` �� V� ���'v��, request thai the SL Paul City Council
vote to support the findings of the Admmistrative La�v Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as AmeIla's Night Club.
I am a patron of this establishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at t�� ��n ��� � �� Zip �� ��-4.
. � �.�� ������ �� 5- at -o�
(Signed) (Date)
I�� � � (�' ' _ re uest that the St. Paul Ci Council
,�' h Q�C ��7 �^" > q ty
vote to svpport the findings o�the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonIy known as Amella's 23ight Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environmesy�€er�both their custome and the general puUlic.
a t�i
.�
� �� _ .
I am a resid t at
... �., C����
(Sign ) �
�
(Date)
_00-58�
Do• 58S
�
I, � i�O�L r , request that the St. Paul City CounciS
vote to support the findings of e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feei that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I a�a resident at 1�� � �ri ,/v�v�� 'V Zip S S
Oo• SSS
� ��
(Date)
=�
- - Ot� - 58S
I fl��S ��L������� request that the St. Paul City Council
vote to support the findings of the Admirusuative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a re�ide�t at `7 ��` ) �� �� Zip �_ ���
� s --�.�- c� �
(Date)
-- - (�0-�JSS
I ��'�.� e � �,F�� , request that the St. Paul City Council
vote to support the Fndings of the Ad inistrative Law Judge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� �\ �''��` Zip�����
`��-��c� � �-�b
1 T— (Date)
8n
- - - G10^'S85�
I ����� �� �{� (` � S , zequest that the St. Paul City Council
vote to support the findings of the Admimstrative Law Judge, as it relazes to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I xm a patron of this establishment, and 1 strongty feel that they are doing all within their
po��er to maintain a safe environment for hoth their customers and the general public.
I am a resident at _? �/J �' ( L �� �! E� C� �� ZIF �� l
�� ,S -a � �C�
(Date)
,% �
I, ' �,���j �� request that the S� Paul City Council
vo e support the findings of the Administrative Law Judge, as it retates to not to
sanction the Metro Bar and Grili, commonly Imown as Amelia's P3ight Club.
�
___��
00- 5$S
I am a patron of this esiablishment, and I strongIy feel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
at ��
A ,�l Zip � / .
��fb�
�D�re>
I, � � �
�f n7c>� � X/ 9 6' , request that the St. Paul City Council
vote to support the ndings of the Administrative Law 3udge, as it relates to not to
sanetion the Metro Bar and Griil, commonly known as Arnella's Ni�ht Club.
I am a patron of this establishment, and 1 strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at /� j� ��n n/�l �` � Zip SS �� �
. ;/ _ �� 2� ac
( �gned) �.- � (Date)
av-5sS
v0- S8S
�, ���h �r�,,,l > request that the St. Paul City Council
voie io support the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amelia's I3ight Club.
1 am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �/G/ ��c�i�j1� �l�T Zip �5/GZ
. �� ���
(Signed)
� 1�1 �v
(Date) �
I J!'- l G� � ���� n , request that the St Paul City Council
vote to support the findings of the Admmistrative Law ludge, as it relates to not to
sanction the Metro Bar and GrilI, commonly known as Ameila's Night Club.
I sm a patron of this estahlishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their custoiners and the general puUlic.
I am a resident at
�? f 7 �c � f � rrc� z�p S s Y�� �
�
.� ����i�I ��7�2i�/'� � �}'� � �
(Sig�ed � (Date)
I, t�� N�i-'�-� �eu,�r,�'S , request tt�at the SL Paul City Council
vote to support the findings of the Administrative Law 3udge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amella's Night Club.
ao-58S
-- - OG S �S
I am a patron of this estabiishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general puUlic.
�� r�,, /`'
I am a resident at �� � 7 ��� C a• Zip c�� �'E� ,
. �� � �1�,^ ��
(Signed} (Date)
�' � �S
I request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly lmown as Amelia's Night Club.
1 am a patron of this establishment, and I strongiy feel that they are doing all within their
power to maintai a safe environment for both their customers and the general puUlic.
iT
*PZ"dent t ����'( ��..� ZiF ��
..1���� �� �-�����
(Date)
, �
I, r , t�. �(_�� p e request that the St. Paul City Council
vote to support t6 findings o e Admuustrative L.aw Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnelia's Night Club.
�_ �s
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a residenY at '� r�' S����� Zip ��
�� � � c(T e� C�_q e r s _
(Signed)
5 ���
(Date)
- - -co-S$S
.�
I ,{ ��, ��� , request that the St. Paul City Council
vote to support the �indmgs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Czri l l, commonly known as Ameila's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puU3ic.
I am a resident at � �v f�rut�/ /'n/ S�'� 3 Zip 1 S�l� .
S- � 1- U c�
(Si d} (Date)
I, � � cv r �(I �- �r1�i t"t '�'` C jG `f l , request that the St. Paul City Council
vote to support the findings of the Admirustrative Law Judge, as it relates to not to
sanetion the Metro Bar and Grili, commonly known as Amella's Night Club.
00
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe envirorunent for both their customers�n� general public.
��/ J �/1
I am a resident at �`7 �"Z'� �-- � r ��� ZiP �-
. � �������
(Signed) / (Date)
- � request that the St Paul City Council
vote o support the findings of the Administrative Law Judge, as it relaies to ssot to
sanction the Ivletro Bar and Grill, commonly Irnown as Amelia's Night Club.
I am a patron of this esiablishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their ustomers and the general public.
1 am a resident at �� S v.� Zip �����
� l �� � ' � A.C� � �
(Signed) (Date)
cx�= s8�
--- ---- -- - - Oo-5�5
j ��������"� ��� �vr (�. , request that the St. Paul City Council
vote to supQort the findings of the Admuustcative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
gower to maintain a safe environment for both their customers and the genera] puUlic.
I am a resident at � 2 - 3 � ` rk ,v � ��� Zlp S � ^ y ��
� �c�:�-� °'�� ����- S � Z / � o �
� �
(Sign�e (Date)
- - �p'�'J$`J
I %�/(/�Lr/� ? C G .S �V(�Sd1� , request that the St. Paul City Councii
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelia's Night Club.
I am a pauon of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � U� d �n�l a' S � vE N' Zip y�J
. �°���� � ^ �` � - �o
(Signed) (Date)
.. ----- ----- -- - - - - -
-- - C�-5 � -_.
I `���i/i-� �`�� , request that the St Pau( City Council
vote to support the findings of the Administrative La�v Ju dge, as rt re lates to not to
sanction the Meno Bar and Grill, common3y known as Arnella's Night Club.
I am a patron of this estabiishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the genezal public.
I am a resider�t at ��� � [(�(1�-C, Zip � 53 jG (
. ��%�°" �
/V' k; .� �! �i�i
1�� �
(Date}
I> 1" /�C"vr �r �v- Y�1!-�" request that the St. Paul City Council
vote to support t e findings of the dministrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knawn as Arnella's Night Club.
- -�"5�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the geS�ral public,.�
j J ,�J �U�,,�.��.
I am_a resident at ,� �'�'�`�,�,�„�` -�}-�_e �iv�,uG S (3 } �Lip �����5 � 1 �
��� �,� � �� � ��
(Signed) � (Date)
I, ` lj f� , request that the St. Paul City Council
vote to sc port t' findings of the Administrative Law Judge, as it relates to not to
sancYion the tro Bar and Grill, commonly known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that they ue doing all within their
po�ver to maintain a safe environment for hath their customers and the general public.
1 am a resident at
Zip _�y/� .
-- - DO � ,C.v � 5
� /
% 2 � �'j
,� � (Date)
� - � � request that the St. Paul City Council
vote to support the findin o the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
- - od- 58S --
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general puUlic.
I am a resident at
�
Zip �� C�
S ���
(Date)
I ��//A G���� , request that the St. Paul City Council
vote to su ort the findings o e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knawn as Amella's Night CIub.
I am a patron of this estabtishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ������I� S� � Zip �-`J �.
. .� �. L DC�
(Signe (Date)
CJ�+ ' .) p J
�- 5S5 -
I, � 6 ����Ji +.l �- > request that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanetion the Meuo Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this estabiishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ydl�J �, 1 �H � 1C �n - {_ 1f��5 Zip �S�Li�.
.� � ��,� �-a i- o�
(Signed) (Date)
I ° -� �� "_' V `�� �� request that the St Paul City Council
vote'to support he findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
tb- 58�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environm e�for both their custpmers and the general public.
��a�1dY It � � Zi p—=�t.! ��
� ( e /1
tsi��)
� + —��
� �
(Date)
. � ' L'L/tiLr.P �' � J�O S
vote to support the find�of���� ve Law ud�eeas re a es o not to ii
sanction the Metro Bar and Grill, commonly known as Arnelia's Night Club.
; I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at _ 1 3 I��Z �i �'
Zip �.1 1
(Signed) � � �� " �
(Da e)
� --- - - -
I, request thaC the St. Paul City Council
vote su port t$ fin ngs of the �nistrative Law 3udge, as it relates to not to
sanction the Metro Bar and Gritl, commoniy known as Amella's Night Club.
�Q� S0�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
a resident at ; � �"'� �1 ���� _�� Zip ��� �
���(-f��
00 -585
I, �(' �-� �7 (���� \��� , request that the St. Paul City Council
vote to support the f ndings of the Administrative Law Judge, as it relates to not to
sanction the Metro Baz and CTrill, commonly Irnown as Amelia's Night Club.
I am a patron of this establishment, and I strongly feet that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� �� 1N C� �� J-� �' i'�c� Zip .JSfT.
� t
... �- ��-OC�
( igned) (Date)
�o-sss
I, request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanctio� the Metro Bar and Grill, commonly known as Arnella's Night Club.
_ __,_ . .._: ��„
Cn• 585
I, �� �X � , request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Meuo Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establislunent, and I strongly feel that they are doing ail within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � p`1" i�V�Y����-'� �'L�x Zip ����
r Z o�
(Si d) (Date)
I am a patron of this establishment, and I strongly feel that they ase doang a11 within their
power to maintain a safe environment for both their customers and the general public.
I, �( Gt',� � request that the St. Pau1 City Council
vote #o support e findings of the Adminisuative L.aw 3udge, as it relafes to not to
sanction the Metro Bar and Griil, commonly known as Arnelia's Night Club.
I am a pauon of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at
Zip ��r .
S - a�-�
(Date)
I,..�- (=� �w��-� request that the St. Paul City Council
vote to suppor e findings of the Adminisuative La�v Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at f Z � f ��� �`�e- Zip �5 (�.
C � ,-- � U �� �}
` �.�
(Si d) (Date)
I,.f /�[�C�� (� /(�/"�� J7c���request that the St. Paul City Council
vote to support the findings of the Admimst�dtive Law Judge, as it relates to not to
sanction the Metro Bar and Griii, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
pawer to maintain a safe environment for both their customers and the generai public.
I am a resident at ,�jL C�S Ci Zip S 5��. t �
i ♦ :�i
UO - Sd5"�
�'�J$s�
2t� �b ��
igned) 'G? � ? �'� (Date)
� d�r �� _��'A�' � , request that the St Paul City Council
vote tb support the findings of the Administrative I.aw Judge, as it relates Yo not to
sancfion the Metro Bar and Grill, commonly known as Arnella's Night Club.
�-58.5
I am a patron of this establishznent, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ��� �(a �� p�. � Zip�
,_
� -1����-- �5-z[-Q�
(Si ed) (Date)
I> �'%`� � �('e�-�"'� request that the St. Paul City Council
vot�ct�suppSrt the findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Arnella's Night Club.
I am a patron of this establishment, and I strongly £eel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at 1 ��41� //�,��. � V" � Zip ��i
[ °
t� :
` �, i'�� /1 /�//1�l � O.A�-� .✓ ! L �� � �
�°''�"� (Date)�
__ - - - �
- - ---_____... -
-- ---
--- .. . _- - . ..._.__� � �-r
Q� � 5g�
I> -S�^- l� request that the St. Paul City Council
vote to support the findings of the ''strative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that atey are doing all within their
power to maintain a safe environment for both their customers and the generai public.
� am a resident at � J� �(,Z't � �` y_ Zip � 1 b
�s� ���� �
(Signed) (Date�(�--�-!��
Uo -5SS
I, ��Y}� �e�'j , request that the St. Paul City Council
�o+e to support the �inuings of the �csninistrative Law Judge, as it relates io not to
sanction �he Ivietro Bar �nd G S ili� commonly known as P rr.elia's Night Club.
I am a patron of `�'r,is estab;ishment and I s�ronely fzel that they are doing aII within ineir
power to maintain a safe enviror,mer.t for both their customers and u'�e gene:al public.
I am a resident at �iZ'� •..�'SSt? !k� x:�, `�cL�e_ � Zip ��/,7 _
�
� �/ �'_/?
(`�at°)
r � CV
✓
I, �' � request that the St. Paul Clty Council
vote to support the findings the Administrative Law Judge, as it relates to not to
sanetion the Metro Bar and riil, commonly lmown as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
., � / �S/�
I am a resident at ,�� /,[.�/��� /.f.f� Zip�����4�
� �"� /�azs
(Date)
'�-�� 00 -$'85
I, � l 1 �,���'1.-� request that the St. Paul City Council
vote to support the findings of the A�tive Law Judge, as it relates to not to
sanetion the Metro Sar and Gri11, commonly known as Amella's Night Club.
I am a patron of this establisFupent, and I strongly feei that they are doing afl within their
power to maintain a safe environment for both Yheir custome � and the general public.
am a re 'dent at ^ �CCg Zip � , � � .
_ ^
(Signed) ( (Date}
od - 58�
I Gl (� �^,( ��,�} S6N , request that the St. Paui City Council .
vote to support the findings o£the Admimstrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel thaY they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �! � U G` ��'d'�� �T�`P—' Z 'p '��� I
s " �_�o �L� :..� �:-X�z.t.cJ�3__ �/� l �� �
(Signed) (Date)
� � i ��' 1 (
I, C G r I� � request that the St. Paul City Council
vote to support the findings of the A inistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
��5��
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at ��� 1V �� t�C��F�f'(-���"� �'�°�. Zip �� �
��Zr jo�
(Signed) (Date) -
I �nn i s Il e,�n�yv , request that the St. Paul City Council
vote to support the findings o the Administrative Law 3udge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelia's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at 5(8 SGi,�r �urh � (-�V�e._ Zip ,S`s � n .
_. ., w __..._v___-_-�.=_:.
v_ r ���
�'„ I��.Q�.�,� ' zl �b
`{'�igned) (Date
I, � request that the St. Paul City Council
vote t support the findings oP the Administrative Law Judge, as it relates to not to
sanct n the Metro Bar and Grill, commonly known as AmeIla's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing al1 within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at "� g�,(�, �(/n �yLp��lj�� .Q.��{ Zip s s>(��
1!(�Y1 `� �'�
igned) (Date)
�
I 1� � i' ��Q W1 _�G �� v� , request that the St. Paul City Council
vote to support the findmgs of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and 1 strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at �n � "fi U"1 ot`�'`2`�' Zip S� l/ �.
�,1.�..i..�l��.,,�� �a.�,�'t,ru 5 /3 D�o a
(Signed) (Date)
I ��y �� J� � -S C C7-r �. _, request that the St. Paul City Council
vote to supPort the findings of t e Administrative Law Judge, as it relates to not to
sanction the Meuo Bar and Grill, commonly lmown as Amella's Night Club.
I am a patron af this establishment, and I strongly feet that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at 3� 6 tn L. Zip _� S�L} `�
�
G���� � S z/ �ro
,� ,. ,,,�. ,
ro•S�S
t� �- 585� — -
ii :
' l n / � o�
I > �-�`� �/a� t�-`e.i� Y'�i request that the St. Paul City Council
vote to svpport the findings of the Adm�i trative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
s/����__
(Date)
Oo'S$� -
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �) �- �� t e r #� Zip S 5� .
z �(.t�r..�,t� �� , request that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am resident at `t� � � �-�"/N'L'�^P `�� ��f47�.2t/�L�p J � � .�-,b
� �21 b U _
(Signe (Date)
° --•-_�-_�
oo-sg�
I �E/�� �� rt d , request that the St. Paut Gity Council
vote to support the findings of the Administrative Law Judge, as it relaYes to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at I/ A ��i9�1 Zip ���
p _�� '�l�
(Signed) (Date)
�-5gs
I request that the St. Paui City Council
vote to s po t the findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Ameila's Night Club.
I am a patron of this establishment, and 1 strongiy feel that they are doing ali within their
power to maintain a safe environment for both their custs�e��a� e general public.
I am a resident at /� C3�_� 1 ''� +� �' � `� Ztp S 16 �
�� � - .Z ( - � crz�z�—
i ed (Date)
I, � ro�/ Q�1 , request that the St. Paul City Council
vote to support the findings of the AdmmLStrative Law Judge, as it relates to not to
sanction the MeSro Bar and Grill, commonly known as Arnella's Night Club.
Ol� -. J�'$b�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
Iamaresiden�t ��V b ���Dt� � Z�P— 2:J! `!�
'�� �'� l_.e_/
(�V�SO�
I , �,�, request that the St. Paul City Council
vote to supQort the findings o� e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ,� (� 5�� r bu�c- �n � PU �_-- Zip , 3" � D.
51'. �a w� �h
n.. .�• , � o o__
�/z//cc�
.. ! oo - s85�
1 ,
T, � S'C�i' i /''� �d�equest that the St. Paul City Council
vote to support e finding of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly laiown as Amella's Night Club.
I am a patron of this establishment, and I strongly feel th�t they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �3� ,���iQ �/j�� �R�/L � ����Zip � ��,
l
S-�/-GG
(Date)
W � �.�II
I ���,�.� t� _� �;e.,�s , request that the St Paul City Councii
vote to support the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I suongly feel that they are doing all within their
power to maintain a safe environment for both their customexs and the general pubiic.
I am a resident at � t-��A�'+�--� �.� '��lZo�����iP-51- ��/
�-a�-�c�
(Date)
- - --- - Gi� - J`
I, � � D request that the St. Paul City Councii
vote to suppor the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and GriII, commoniy known as Arnella's Night Club.
I am a patron of this estabiishmenY, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at />��� �j�%���� f�� �j �� Zip��7
� G b
� ,��. S :-�l� - b�
(Signed) (Date)
I, �(� J'1) iii 1 r L^' � e��, i�W. n� y�9uest that the St. Paul City Council
vote to support the findings of the Admimstrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
DO - 585
I am a patron of this establishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general public.
�
I am a resident at (� C� 3�= � i� ��L�. W� Zip �. (} (
.. � T�iw.°.�� ' 1 ' � �-- �C./�...�,�-�� '� �. l — O �
( igned) (Aate)
"– _ � p -, --'_____. ;��� – _—__ _ � 5gS
I �=�_ --} }� .� ;. .,�, 'a . '°�:��.,�request that the St Paul City Council
5 � `� ''*
vote toTsupport the findings of"the A inistrative Law 3ud�e, as it relates to not ta
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this esYablishment, and I strongly feel that they aze doing all within their
power to rnaintain a safe environment for both their customers and the �eneral public.
� �.,, '"'.= �''.�,
-m �., � ,-
,� "° :�
, � =a � � s�s- _ �, <.. _ _ Zip
1 am a resident at x '" '"�--`�' � � � � ` �' `
�..,..._ . �.
�
- �•, -°- ^�' � : �
� o � � . ; � A ,."'_,
..,-_-n._ .�., - _ - � �....�?»._ >i _ ,�:,..�.-, �.,.._.., r .,.�,..,-'
(Signed)� � � (Date)
C�.G; I;�- �, �6,��L� rx�-5g�"
I, request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not ta
sanetion the Metro Bar and Grill, commonly known as Amella's I3ight Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� 3$�.� �R �� {� v � rt If � Zip S 5( �j
�s=�-Q� ���.�� �a � l �
(Signed) (Date)
.. c�-�s
I, •, ��"'' £s �' �� request that the St Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing aIl within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at g�y � v16/4 /� � Zip S� ' .
__ ��� C°� S-al��a
(Signed) (Date)
�"SO�
I, �� CL.�� c�� ��'�:..C4� that the St. Paul City Council
vote to support the findings of the Ad ' inistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �'� 5# �`�-�-� Zip �S l CJ�
.� � �..e�- ����� S� ds ��-�l�
(Signed) ` (Date)
�' J�BS
`� .'x � � ,'� ? 3 3 �R ?
� 3
I, ; � ''''�� ;»,��.�� '�. '?'�.�=�-:� that the St. Paut City Council
vote to support the findings of`the Admiriistrati`ve Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Ame11a's Night Club.
I am a patron of this establishment, and I suongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
�
` � � �-- -: f ? � �' � -�`��:�: �
I am a resident at ,,�.: ''-�" �°°�' � sk�"� ��- � Zip- a�` °� ;�
�- '� 3 _� � � � J �" �� .e � `� ? 9'.�
�q� !,� � i +"tC� �l J1f �.���f"�3 y�� s� ✓
_ (�igrieii) . , �� - � � (Date) ' > -
00-58�
I, �/L �-t— /,e.(�«� request that the St. Paul City Council
Yote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Griil; commonly known as /�rnella's Night Club.
I am a patron of this establishment, and 1 strongiy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a r sid nt at !!�lj ���r�-,�f) LC. '�� t r�� Zip S S��''
�zreo
(Date)
�— 'J`�J�
I> � , request that the St. Paul City Council
vote to svpport the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
(Signed) '
(Date)
I, /�' (� /7/6 5 I'/o� (/ �� , request that the St. Paul City Council
vote to sup�ort the findings of the Administrative L,aw Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnetla's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� �✓. w• ��/e-� �� Z�P ����
G���- ��-
-fSigned)
����1�
(Date)
-- �_
z�P� "� tl ���-i
C�
DD-585
I atn a patron of this establishment, and I strongly feel that they are doing all within their
power to mainrain a safe environment for both their customers and the genetal public.
- _:�.
M oa - ssS
I ' �-�r� � request that the St. Paul City Council
vote to support the findings of the Administrative Iaw Judge, as it relates to not to
sanctionthe Metro Bar and GriII, commonly known as Arnetla's Night Ciub.
I am a patron of this establishment, and I strongly feel th3t they are doing alI with9n their
poiver to maintain a safe environment for both their customers and the general public.
I am a resident at _� �;� G��� �Q Zip �'rj Q%
"� ��f�
� i�ed)
- ,s/z� oa
(Date)
I � est that the St. Paul City Council
vote t port the fin ' gs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amella's Night Club.
ao - s$s
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a s� environr�ent fqr b�th their customers and the general public.
I am �-resident at
(Signed)
Zip
5 ����
(Date)
___ ...---
G�0- 585
I, o est that the St. Paul City Council
vote o support the fin ings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Czrill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both thei: customers and the general public.
I am a resident at �J�_.;�1�'j������r/__2°�_ Zip ��� !
� �� � � �
{Signed) (Datei
- -- -- --
�- --- -=-�-
- - ------ DO - 68s
I 1�1�� �) �� , request that the St. Paul City Council
vote o suppor the findings of the Admuustrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I atn a patron of this establishment, and I strongly feel that they are doing all within their
go�ver to maintain a safe environment for both their customers and the general public.
I am a resident at �533 �>�o����� / Zip S�//7.
` A / r /SdS \ �
� (Date)
- — — --- --- - -� —
V
I request that the St. Paul City Council
vote io support t e findings of the Administrative Law Judge, as it relates to not to
sanction the Me o Bar and Grill, commonly known as Ameila's Night Club.
I am a patron of this esiablishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� 1 �,E C�1711 � Z�P ;J���� `
,
% � �i �Gf�
(Date
av -sgs
I, J o�' �.1 /� •�v �t -e 5 , request that the St. Paul City Council
vote to support the findings of the Administrative La�v Judge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as AmeIla's Night Ctub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
. n .� ; , n .^ _ e � ,�� �t� zip �3y�/
�
�
,�/ � /vd
(Date)
_-- - ---- -- --- op_ ��5
I ���9� %,tq � j/� , request that the 5t. Paul City Council
vote to svpport the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Baz and Grill, commonly irnown as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing atl within their
po��er to maintain a safe environment far both their customers and Yhe general puUlic.
I am a resident at �� �l��To� �% f A�L ' zip S
.. �� i�/"�- '��Y �� . ��oc
(Signed) (Date)
I, ��p-y–/jo�a ,�1.��.,,� /�_ , request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
(.'� – S8 �
I am a patron of this estabiishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for boYh their customers and the general puUlic.
I am a resident at �� o�.�„� �,oi,�2 Zip S�`//D '
' ��77`n�r ,�J'i�a ��'� � Y /
(Signed�� (Date)
Y e, request that the St. Paui City Couacit
vo e to support ffie findings of the dministrative Larv Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's NighY Club.
�� S�? --
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at // I� ��1' �__ Zip ��� i .
\ ��
��;
� igned) ( aie)
-- ------ --------------- �_ s$s_.
�---
I � ���, request that the St. Paul City Council
vote to suppo t the findings of t�ie Admimstrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a pauon of this _establishment, and I strongIy feel that they are doing ati within their
po�ver to maintain a safe environment for both their customers and the general public.
I am a resident at l(D � Y `�J�� ��� Zip �u�
. �-- _a
(Signed} (Daie)
UO - 5`a5
I, � ���-.� S� (�C � , request that ihe St. Paui City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelta's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a residenY at � Y����=�=z� �� Zip �C�
` ,� ;� �-- ��
lgned)\ (Date)
' �_ ,
--- -------- -- — -- (�" S$5
\ � .
'�`� �`L��� 4'�� 1, request that the St. Paul City Council
vote to support the findings of the Admi tive Law Judge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at i�� lr'f✓ �\� �� Z�P �� � G �
^ �-,� ��-��
� �`-� � ° 1 �
(Signed) d (Date)
�
U request that the St. Paul City Council
I, r�
vo o support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Baz and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�iy feel that they are doing all within their
po�ver to maintain a safe environment for both t ir customers and the general public.
I am a reside at �/�X _`� �✓� C� Gt !/� Zip ��
� � �' oZ O�
._ ,-_.
� •��� (Date)
t�- 58S
- ------------- - (.�-�$5
I ���f`a � ����/�_, request that the St. Paul City Council
vote to support the findiugs of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feei that they are doing ali within their
power to maintain a safe environment for both their customers and the generat public.
I am a resident at �� �{.� (� `�' � B Zip J�y� �
..� �' �S
,,,,,P�il (Date}
I C� , request that the St. Paul City Council
vote to support the findings of the Admmistrarive Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Ciub.
i1 :
I am a patron of this establishment, and I strongly feel that they are doing alI within their
po�ver to maintain a safe environment for oth their customers and the general public.
(��/ �`�'��--- ziP ? S��S
I am resi ent at
, � t' �-�
., �¢;�,Prti (Date)
I /"I !f' C�/ � request that the St� Paul City Council
vote to support he findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as AmeIIa's Night Club.
I am a patron of this establishment, and I strongly feel that ihey are doing al2 within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ��j �/ \.J� G�'2.C,.� /� � Zip � S� �Y
. �-- � �� � �v� v
(Signed) (Date)
I � n �. �Q P.( > request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
a�-sgS
W' �Jgs
I am a pauon of this establishment, and I strongly feel that they are doing ail within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a esident at �
. XA/V / V ' { OY��IA
z�p '� l U.�/
� - Z2 - ��
(Date)
--- �"S� J
I �,�,,. ��� � G� , request that the St. Paui Ciry Council
vote to support the findings of the Administrative I.aw 7udge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel thai they are doing all within their
power io maintain a safe environment for both their customers and the generai public.
I am a resident at
-�� r l �-� �-- � s
.� �� �� �Q
(Signed)
--ZIP �3<C 4 '`j
��� �
(Date)
I, %)oJ� D���; , request that the St. Paul Ciry Council
vote tio support Yhe findings ofthe Administrative La�v Judge, as it retates to not to
sanction the Metro Bar and Gril1, commonly known as ArneIla's Night Club.
I am a patron of this estabiishment, and I stron�Iy feei that they are doing all within their
po�ver to maintain a safe environment for both their customers and the generat public.
I am a resident at __��Uy S��
z�p 5 '��c `t .
�� � � .r-��>>
(S� �� (Date)
�= r
I , request that the St. Paul City Council
vote to svpport th ndings of the Administrative La�v Judge, as it relates to not to
sanetion the Meko ar and Griil, commonly known as Amella's Night Club.
b0 -5$S
- - Do -585
I am a patron of this estabiishment, and I strongly feel that they are doin� ali within their
po�ver to maintain a safe environment for both theiz customers and the generai public.
I am a resident at C 1� Zip� �� // �
�
(Signed}
(Date)
� /�
I�� _°" ,1 /'/ , request that the St. Pau1 City Councii
vote to support the m}ng o the A istrative Law Judge, as it relates to not to
sanction Yhe Metro Bar and Grill, commonly known as Ame l la's Ni� ht C iu b.
�-S�5
I am a patron of this establishment, and I strong[y feel that they are doing alt within their
po�ver to maintain a safe environment for both their customers and the general public.
I am a resident at ��� �� ,C' � 2 tP �
� �
. `-�" � ���2G�
(Signed} (Date)
I, �,. � i•�, (9���'S , request that the St Paul City Council
vote to supgort the findings of Yhe Administrative Law Judge, as it reiates to not to
sanction the Metro Baz and Grill, commonly known as AmelIa's Night CIub.
I am a patron of this estabiishment, and I stron;ly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general pubiic.
a ����u�� Zz ��
I am a resident at � P �
� ����-� c� 2��%
(Signed) �Dat� /
I, '�q � 1�-('} ��� CaG �''� �� , request that the St. Paul City Council
vote to supporY the findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and GrelE, commonly known as Arnella's Night Club.
� -585
�� ;�
I atn a patron of this establishment, and I strongiy feel that they are doing all within their
potiver to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ��� ����� �'""� �f ��"'"'�- Zip � s� v�
.. ,�-„� �e�G`„" .�r,- � G — `�.,-��° �
(Signed) (Date}
T �C�,q �. / ����,{/�jf/�,( ° - request That the St Paul City Council
vote to support the findings of the Admmtstrative Law Judge, as it reIates to not to
sancYion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongiy feei that they are doin� ail within their
po�ver to maintain a safe environment for both t5eir customers and the general pubtic.
I am a resident at /�� ���'�,� �� AG(c �� S � k Z P���D�_
_ „?�—
� • S�°
(Signed)
Q�- 5$5
� /
I, 1�i �"���f�"i "i r,t r�f I?Ir< ��I I�equest that the St. Paul City Council
vote to support the findings of the Administra+frve Law Judge, as it relates Yo not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongiy feel that they aze doing a11 within their
power to maintain a safe environment for both their customers and the general public.
�� � C - z� � � � �?`�
I am a resident at
� 1'Y� ��. �� - �n �,� . �C.. 1� �Q �`�" c� - � - � C>
{Signed) (Date)
-- -�'���
I, __ ('�G�L �� � C( l��V\ , request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knorvn as Ameila's Night Club.
I am a patron of this esiablishanent, and I strongly feel that they are doing alI within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� ���G' ���h �v� 1 =� S`V�U+1(Zjp ,��
' r - ^ 1�T/1 . l � �Y� � �/��-"' V �� '� �-, ��
(Signed) � (Date
G�'Sg5
I �� j� p �� �'j� � , request ihat the SY. Paul City Councii
vote io support the findings of the AdmimstraYiva Larv 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arneita's Night Club.
I am a pairon of this establishment, and I strongiy feet that they are doing all within their
po��er to maintain a safe environment for both their customers and the genera] puUlic.
I am a resident at ��� �f��✓ ,��E'� Zip S S Ib �.
. ���,c � ,8c��--� S ����`��
(Signed) ' (Date)
. - ------ - -- - - _
_--,._,_ �_�.:�=
� � c� • S�S
I `���/� �i7�'n� i'�� , request that the St. Paul City Council
vote tn support'the findings of the Adzninistrative Law Judge, as it relates to aot to
sanetion the Metto Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�ly feel that they are doing aII within their
power to maintain a safe environment far both their customers and the general public.
I am a resident at ��� G��1`�G �� �'� �� Zip S� �' �
� �.��� ��.�..- �-� �
G� faa-/� �� �
(Signed) (Datej �
�
i ���� p'�" , requesl that the S� Paul City Couneil
vot io support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Gri11, commoniy known as ArnelIa's Ni�ht Ciub.
I am a patron of this establishment, and I strongIy feel that they aze doing all within their
power to maintain a safe environment for boYh their customers and the general public.
I am a resident at �� � /�1��� �� ZiP ���
.. . �� ,� �/�' �--�
( tgned) (Date)
I �r,,, ���" y/ ��. ���' SB �1 , request that the St. Paut City Council
vote to support the findings of the Administrative Law Judge, as it relaYes To not tfl
sanction the Metro Bar and GrilI, commonly known as Arnelia's Ni�ht Ctub.
Cx3• 5$S
_._ _ _ .._
�' �J � �
I am a patron of this establishment, and I strongiy feel that they are doing ail within their
po�ver to maintain a safe environment for both tneir customers and the general puUlic.
) g7?C�.r�CtS . '/
I am a resident at J� r/���U� �`� h-� S o fFt �{'f/. Zip .S`�S��a 7-
. ��� �y�� %w �
(Signed)
�=�� a em�
(Date)
- - - -- - - - - - - --- --
- �' S85
I �-�'11� - .� �� �� , requesY that the St. Paul City Council
vote to support the findings of the Administrative Lativ 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�Iy feel that they are doing all within their
pol�rer to maintain a safe environment for both their customers and the general puUlic.
I am a resident at f� O( � �� -� ��-IG� ��� � Zip �S�
. --�� '
��c� S-a� G �
(Signed) (Date)
'' l < ` <
I, ����'&� �N � l� 1�V�J , request that the St. Paul City Council
vote to support the findings of the Administrative La�v Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � � �� \ �� �L� � ��" i �`P ���. � � ���
, �, ��� L - ��
(Sign (Date)
l�0- 5$S
I ��� Q �j'� �� �,(��� request that the St Paul City Council
vote to support the findings of the Admimstrative La�v Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their custom rs and the general public.
I am a resident at 1`\F� J u�\ Zip �J
. � �PpJ� ���1.�/I � - Z`�� �
(Signed} (Date)
Q'J-S$5"
I p /� , � , request that the St Paul City Council
vote to support he finding of e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� �� v��T {� / r� 11 i'Y� I l�i�ip
(Signed} (Date)
00-585
�—S�J�
I �`( �\ `�� ��`t`(� � , request that the St. Paul City Council
vote to support t�ie findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
(�' ���, �
I am a resident at �"I ��1,�1� � � Z � 1 ���
�
��� � 5
� ed) (Date)
I, � z n r� r� �,t' W.' �� c'�m S , request that the St. Paul City Council
vote to support fhe findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general pubiic.
I am a resident at I S 6 Gi�'S'-� 2✓ %i^t <��i^EOC Zip S�S' /O 7
L�-585
. - ,�i �U'��'�c;� 2,/�-��z� s Z Z G�/'
(Signed) (Date)
---=�-_
I request that the St. Paul City Council
vote to sup ort the findings o the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and rill, commonly known as'Amella's Night Club.
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public. �
I am a resident at
0 �� \' � � '" � V �� ZlP �� �
�O G� � U
(Si d) (Date)
I r: �%�,[�G�C'�I� `�'''?� , request that the St Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
--- 00-58�
�' S$S
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environme t for both their customers and the general puUlic.
I am a resident at �/1 � 4�-��L�--- ���'`l /'�' Zip ✓�S� O j
. /� C��2-� � " `f /�
(Signe
(Date)
-- -
--- ----- --- --- — -- - — — - - —_.. ._ ---
�" S$S
I�� IPf�1� Q , request that the St. Paul City Council
vote to support Yhe findings of the Admimstrative I,arv Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ��� �(�.� bl,l,4 n� Zip ��L
. y .2�� � c�c���
(Signed) (Date)
� - 585
I, �� �jv� �i4-� S , request that the St. Paul City Council
vote to support the findings of the Administrative I.aw Judge, as it relates to not to
sancrion the Metro Bar and Griil, commonly lrnown as P,mella's Night Ciub.
I am a patron of this establishment, and I strongly feel thaY they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at -! / U G�`��h� �/ Zip �6 �
�� �� ���
(Signed) (Date)
I������ ��� � request that the St. Paul City Council
,
vote to support the findings of the A inistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
UO • S8�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
j � A /� �- {n,,
I am a resident at �JS /t! � � � iC/1 �'�l�-b�\� Zip �� �
{ �/� /f?
(Signed) (Date)
I ��n n���e �1 e r �� request that the St. Paul City Council
vote to support the findings o the�' Administrarive Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Ciub.
I am a patron of this establishment, and I strongiy feel that they are doing aIl within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at S(8 S�i�� �urn � AV�. Zip 5�; � a
s/��/�o
� � �Ss
° 1 _�6_.w---�. �G��r� � .� �D
`f5igned) (Date
CITIZEN SERVICE OFFICE
F2d Owusq City Clerk
CITY OF SAINT PAUL
Norm Coleman, .Yfayor
170 City Hall Tel.: 651-266-8989
ISWKellaggBou[evm�d F�: 651-266-8689
SaintPaul Mi�mesota 55702
October 25, 2000
Mr. Frederick K. Grittner
Clerk of the Appellate Courts
Minnesota Judicial Center
25 Constitution Avenue
Saint Paul, MN 55155
Re: Metro Bar & Grill, Inc., dba Arnellia's at 1183 University Ave.
Appellate Court File: C6-00-1156
Dear Mr. Grittner:
HAND DELIVERED
Enciosed herewith please find an index and originals of the Saint Paul City Council's
record in the above referenced matter. This is the City Council's complete record and
its index.
By copy of this letter, the index is being sent to Attorneys for Petitioner and
Respondent, together with affidavits of service by Mail.
Sincerely,
a�fi %��"� !G, ��
Frederick K. Owusu
City Clerk
cc: Virginia Palmer, Assistant City Attorney (index only)
S. Mark Vaught, Attorney at Law (index only)
STATE OF NIINNESOTA )
) ss.
COUNTY OF RAMSEY )
Frederick K. Owusu, City Clerk, being first duly swom, deposes and says that on October 25, 2000 he
servedthe attached:
Index to the Saint Paul City Councii File No. 00-585
upon the followuig attorney(s), individual(s) or corporation(s) by placing a mie and correct copy thereof in
an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails
at Saint Paul, Muuiesota.
Ciayton Robinson
Saint Paul City Attorney
Virginia D. Palmer
Assistant Saint Paul City Attorney
Atty. Reg. No. 128995
15 West Kellogg Blvd, Suite 400
Saint Paul, MN 55102
Attomeys for Respondent
S. Mazk Vaught
Attorney at Law
Atty. Reg. No. 131519
Six VJest Fifth Street, Suite 700
Saint Paul, MN 55102-1412
Attorney for Petitioner
-�� �. ���
-.�
Subscrihed and sworn to before me
this ��' day of �c , 20��
�
Notary Public
v'�. SHARI A. MOORE
N4TARY RJ�C _ �
�... � A
EXA�RES JqN. 31, ZOOg
��
COURT OF APPEALS NUMBER:C6-00-1156
INDSX OR COIINCIL FILE (C.F.) 00-585
DOC.
NUMBLR
1
�
3
0
�
DATE
DESCRIPTION
6-21-00 Resolution and Green Sheet suspending the
(c3ate , license of Metro Bar & Grill d/b/a
adopted Arnellia's and adopting the Report of the
by ALJ with exceptions and amendments
Council)
6-1-00 Letter from State Representative Andy
Dawkins offering opinion that Arnellia's
license not be suspended.
4-20-00 Notice of Public Hearing leCter sent to
Attorney Mark Vaught by Assistant City
Attorney Virginia Palmer regarding 1-26-00
Findings of Fact, Conclusions of Law and
Recommendation of the Administrative Law
Judge.
5-3-00 Letter from Virginia Palmer to Mark Vaught
regarding the City's Exceptions to the
Findings of Fact, Conclusions of Law and
Recommendation of the ALJ. Includes
City's Final Argument - Statement of Facts
5-9-00 Memo to City Council £rom Nancy Anderson
regarding laying over of item #32 on the
May 10 Council Agenda to June 7 for a
Public Hearing.
NLTMB&R
OF
PAGES
7
il
11
17
1
6. 144 petition cards requesting the City 144
Council to support the findings of the caras in
ALJ, as it relates to not sanction i
Arnella's. envelope
7. 6-21-00
8. 6-21-00
Videotape of 6-21-00 Saint Paul City
Council meeting,
Summary minutes of 6-21-00 Saint Paul City
Council meeting.
DOCUMENTS RETURNED BY TEiE AT,J
RECEIVED IN THE CITY CLERK'S OFFICE 4-5-00
�
10
4-4-00 Letter from Phyllis Reha, Administrative
Law Judge, to the City Council regarding
the Findings of Fact, Conclusions and
Recommendations.
3-6-00 Letter from Virginia Palmer to t11e ALJ
Phyllis Reha regarding City's Reply
Memorandum.
1 tape
14
F_ya
0
�
11. 3-6-00
12. 3-2-0�
13. 2-18-00
Fax cover from Mark Vaught to Phyllis Reha
regarding no further submissions in the
Metro Bar & Grill matter.
Fax from Mark Vaught to Phyllis Reha
summarizing and presenting Respondent's
view of the evidence.
Letter from Virginia Palmer to Phyllis
Reha enclosing the Fina1 Argument on
behalf of LIEP.
14. 2-28-00 Letter from Phyllis Reha to Virginia
Palmer granting her request to extend the
period for reply briefs. Attached is the
letter from Virginia Palmer requesting the
extension.
15. 12-15-99 Letters from Virginia Palmer and Peter
Pangborn announcing Notice of Hearing to
Arnellia Allen.
16
17
18
19
20
21
22
23
24
25
26
1-26-00 List of City's proposed exhibits.
9-30-99 City's Exhibit #1, License Information
Report
City's Exhibit #2, License conditions for
Metro Bar & Gri11 dba Arnellia's
9-23-99
9-23-99
9-30-99
11-8-99
10-29-99
11-10-99
12-15-99
10-7-99
City's Exhibit #3, Police report prepared
by Officer Gerald E. Johnson
City's Exhibit #4, Police report prepared
by Sgt. Richard J. Munoz
City�s Exhibit #5, Notice of Violation
City's Exhibit #6, Police report prepared
by Sgt. Mark C. Kempe
City's Exhibit #8, Letter from Ms.
Arnellia Allen to Robert Kessler
City's Exhibit #9, Notice of Second
Violation
City's Exhibit #10, Notice of Aearing
City's Exhibit #7, Videotape from
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SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 21, 2000 - 3:30 - 5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:40 pm. by Council President Bostrom.
Present - 7- Benanau, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1- 28)
Gerry Strathman stated that the City Attorney's Office requested Item 26 be withdrawn.
Councilmember Coleman requested Item 27 be removed for discussion.
Councimember Coleman moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
GTi] 7�y1 Y [U��I
Approval of minutes of May 10 & 17, 2000.
Adopted Yeas - 7 Nays - 0
2. Claims of Kenneth Colaizy, Robert Distad, David & Maria Snyder, Darla Aansen, Milton
Kendall, Katharine Lovich, Anthony Rybak, Thomas Rykel, and Hieu Tran.
Referred to the Employee/Risk Management Office
3. Class Acrion Sununons and Class Action Complaint and Demand for Jury Trial in the
matter of Deryl Baysinger, Barrori Chapman, Darron Chapman, Sammie Chapman, and
all other similazly situated, vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on June 28, 2000, to consider adverse acrion against all licenses held by Fleming
Companies, Inc., dba Rainbow Foods, 892 Arcade Street. (LJncontested)
June 21, 2000 City Council Summary Minutes
Page 2
5. Letter from the Office of the City Attomey announcing a public hearing before the City
Council on June 28, 2000, to consider the report of the Administrative Law Judge
conceming the application for an auto repair license by MFK Enterprises, 830 Robert
Street South.
6. Letter from the Office of License, Inspecrions and Environmental Protection announcing
a public hearing before the City Council on 7une 28, 2000, to consider the appeals of
Nationwide Group and REF LLC to a decision of the Plauuiug Commission denying a
site plan for a mini-storage facility on the former railroad property between Agate Street
and 35E and between Case and Suns Avenues.
Letter from the Department of Plauuing and Economic Development announcing a public
hearing before the City Council on July 12, 2000, to consider the application of Jaunae
and David Brooks to rezone properiy at 1528 Grand Avenue, between Saratoga and
Snelling, from RM-2 to OS-1 to allow an office use.
8. Administrative Order:
D001891 Transferring CIB funds from the Eustis Street Pedesriian ChokerBuxnpout
project to the Curb Bumpouts:Cleveland & Pinehurst project in the
Department of Public Works
Noted as on file in the City Clerk's Office
9. Resolution - 00-580 - Approving the Memorandum of Understanding between the St.
Paul Civic Center Authority (also known as RiverCentre Authority), an agency of the
City of Saint Paul, and International Operating Engineers Local 70, International Alliance
of Theatrical Stage Employees, and 1Vlanual and Maintenance Supervisors Association.
(To be laid over one week for adoption)
Laid over to July 28 for adoprion
10. Resolution - 00-581 - Approving the reappoinhnent of William Dunnigan, by Mayor
Coleman, to the Saint Paul Parks and Recreation Commission.
Adopted Yeas - 7 Nays - 0
11. Resolution - 00-582 - Approving the reappointments of Robert Nardi and Paul Finsness,
by Mayor Coleman, to the Truth in Sale of Housing Boazd of Evaluators.
Adopted Yeas - 7 Nays - 0
12. Resolution - 00-583 - Approving the reappoinhnent of Valdi Stefanson, by Mayor
Coleman, to the Ramsey Action Program.
Adopted Yeas - 7 Nays - 0
June 21, 2000 City Council Suinmary Minutes
Page 3
13. Resolution - 00-584 - Approving the appointments of Tom Heinl, Michelle Bergman,
Janet Vogei, and Betty Copeland, and the reappoinhnents of 7ose Basques, Susan
Broaner, Laurel Frost, Dan Reed, Kay Willshire, and Mike Garsteig, by Mayor Coleman,
to the Advisory Committee for People with Disabilities.
Adopted Yeas - 7 Nays - 0
14. Resolution - 00-585 - Finalizing City Council action taken June 7, 2000, conceming
adverse acrion against all licenses held by Metro Baz & Grill, Inc., dba Arnellia's, 1183
University Avenue.
Adopted Yeas - 7 Nays - 0
15. Resolurion - 00-586 - Authorizing the City of Saint Paul to accept a gift of air
transportation and related necessary meals or dinner expenses from St. Jude Medical to
allow Mayor Coleman to attend a"Salute to Bruce Vento" celebration in Washington,
D.C. on June 27, 2000.
Adopted Yeas - 7 Nays - 0
16. Resolution - 00-587 - Approving the changes in polling locations and approving the list
ofpolling locations.
Adopted Yeas - 7 Nays - 0
17. Resolution - 00-588 - Approving Right-of-Way management pernut fee structure.
Adopted Yeas - 7 Nays - 0
18. Resolurion - 00-589 - Approving the following organizations to the 2000 Charitable
Gambling 10% Club: Asian Pacific Youth Alliance, El Rio Vista Booster Club, Front
Booster Club, Groveland Booster Club, Hazel Park Booster Club, 7ohnson Area Baseball
Boosters, and Stazlings Volleyball Club.
Adopted Yeas - 7 Nays - 0
19. Resolution - 00-590 - Approving disbursement of Youth Programs Funds to the following
organizations: District 6 Planning Council, Dunuing Boosters, Eastview Booster Club,
Edgcumbe Community Center Hockey Booster Club, Frost Lake Athletic Membership
Endowrnent Society, Harding Area Girls' Fastpitch Softball, Hayden Heights Youth
Alliance, Lexington/Hamline Community Council, St. Paul Midway Little League, St.
Paul Police Explarer Post #454, St. Paul Urban Tennis Program, SuperClown, and Twin
Star Baseball Club.
Adopted Yeas = 7 Nays - 0
June 21, 2000 City Council Summary Minutes
Page 4
20. Resolution - 00-591 - D'uecting the Division of Pazks and Recreation to enter into a joint
use agreement with Saint Paul Public Schools for the construction and use of a baseball
field at ArlingtoniArkwright Park.
Adopted Yeas - 7 Nays - 0
21. Resolution - 00-592 - D'uecting the Division of Pazks and Recrearion to renew the
existing lease agreement with Higher Education Services Office/Get Ready Program for
office space at Baker Comxnunity Center.
Adopted Yeas - 7 Nays - 0
22. Resolution - 00-593 - Authorizing the Police Department to enter into an agreement with
the Miunesota Deparhnent of Huxnan Services to provide training to the 2000-02 Recruit
Academy on how to interact and provide service to the hearing impaired community on
June 14, 2000.
Adopted Yeas - 7 Nays - 0
23. Resolution - 00-594 - Authorizing the Police Deparhnent to enter into an agreement with
the Miunesota Vehicle Safety Traiving & Research Center to provide driving inshuction
for the 2000-02 Recruit Academy and three hours of classroom training.
Adopted Yeas - 7 Nays - 0
24. Resolution - 00-595 - Authorizing the Police Department to enter into an agreement with
the Washington County Agricultural Society to use the Washington County Fairgrounds
on June 21, 2000, to train the 2000-02 Recruit Academy in Mobile Field Force Tactics.
Adopted Yeas - 7 Nays - 0
25. Resolufion - 00-596 - Accepting a donation of motorcycle helmets and radio equipment,
valued at $5,627, to the Police Department Motorcycle Patrol Unit from Mr. John
Nasseff:
Adopted Yeas - 7 Nays - 0
26. (Removed for discussion
27. (Removed for discussion)
28. Resolution Approving Assessment - 00-599 - In the matter of sumuiary abatements
(property clean-up) during April and/or May, 2000 (J0003A); towing abandoned vehicles
from private propert7 during December, 1999 and/or January or February, 2000, and
vehicles towed from775 Reaney Avenue and 672 Arcade Street (J0002V); demolirion of
vacant buildings during April, 2000 (J20002C); and boazding-up buildings during Mazch,
2000, and setting date of Legislative Hearing for August 15, 2000, and City Council
Hearing foz August 23, 2000.
Adopted Yeas - 7 Nays - 0
June 21, 2000 City Council Summary Minutes Page 5
NIISCELLANEOUS
41. Slide presentation of 2000 Saint Paul heritage preservation awards.
Brian Wass, Arclutect and Principal for Krech, O'Brien, Mueller, and Wass, and
President of the American Insritute of Architects-Saint Paul Chapter, representing 350
azchitects in Saint Paul, appeazed. Mr. Wass said their firm sponsors the awazds along
with the Heritage Preservation Commission (HPC). These awards were presented on
May 17, 2000, for 17 projects representing 53 individuals, owners, architectural firms,
developers, contractors, and govemment agencies. They all were honored for
maintaining the history of Saint Paul.
Dudley Yuukin, HPC, appeared and stated there are a wide range ofprojects that
represent the positive benefits of historic preservation for the sake of history, community,
and revitalization of Saint Paul.
Aaron Rubenstein, Office of License, Inspections and Environmental Protection and staff
to the HPC, presented slides of the buildings which received awazds.
26. Resolution - 00-597 - Allowing placement of "Snoopy" figures in the public right-of-way,
exempting them from permit fees under Chapter 135, and accepfing liability.
Councilmember Blakey moved to withdraw the resolution.
Withdrawn Yeas - 7 Nays - 0
FOR DISCUSSION
(Items 27 and 29 were discussed in tandem.)
27. Resolution - 00-598 - Memorializing City Council action taken May 10, 2000, granting
the appeal of Neighbors Opposed to Victoria Plaza, Inc., Suminit Hill Association, and
East Mall Association to a decision of the Planning Commission approving the site plan
for a commercial development and parking ramp at 864 Grand Avenue.
Councilmember Coleman moved to lay over one week. (see discussion under Item 29)
Laid over to June 28 Yeas - 7 Nays - 0
29. Update by the Administrarion regarding addirional parking at the corner of Grand and
Victoria Avenues. (iJpdate requested by Council on June 7)
Susan Kimberly, Deputy Mayor, appeared. She said staff from the Department of
Plauuiug and Economic Development ha�e been meeting with the developer, neighbors,
and relevant parties and they have requested a one week lay over with the hope that there
June 21, 2000 City Council Summary Minutes
Page 6
will be a resolution agreeable m everyone by that time.
Councilmember Coleman moved to lay over one week. He said he has not seen the final
agreement but he understands it has been signed by all of the parties and, hopefully, it
will be an agreement that everyone can live with.
Laid over to June 28 Yeas - 7 Nays - 0
30. Report from the Office of Human Rights pertaining to "fair housing." (Report requested
by the Council on May 3) (Laid over from June 'n
A report was presented by Tyrone Terrill, Director, Office of Huxnan Rights.
Tyrone Terrill, Office of Human Rights, stated that housing has become more
problematic and there is an increase in housing discrimination. Like other cities, most
people do not file housing discrimination charges. They simply go somewhere else to
look for housing. Another issue is that some people may think they were denied housing
because there is not enough housing available and the Fair Housing Council is an asset in
dealing with issues in this azea.
Councilmember Blakey noted that $30,00� was allocated to Auman Rights for fair
housing testing. He asked if the testing was going to be done so landlords are aware of
these issues. Mr. Terrill responded there will be a contract with the Minnesota Fair
Housing Center for $30,000 which will be used for training and testing. Some of the
training components would include the involvement of the Human Rights Office,
Housing and Urban Development (H[JD), and the Minnesota Depariment of Human
Rights. The City would be participating free of cost.
(Benanau, Coleman & Harris left during the discussion)
Councilmember Blakey asked when would the testing be done and the when would the
results be auailable. Mr. Terrill responded that testing will be done when someone has
been denied an apartment or home. Testing could also include a particulaz building or
bank. The cost is usually about $300 to $400 per test. Testing does not always mean
discrnnination took place but there needs to be a full investigation in order for the chazges
to be upheld.
Councilmember Blakey stated that sometime in 2000 there will be a contract with the
Minnesota Fair Housing Council and the City will be provided with the results if there
was an indicarion of bias. Mr. Terrill said he will provide a report to the Council on a
quarterly basis regarding this information.
Councilmember Blakey said he wouid like to see the scope of the contract with the
Minnesota Fair Housing Council when it is signed. By the next City budget cycle, the
Council can deternune whether they are receiving a return on money invested in this
issue.
June 21, 2000 City Council Sununary Minutes
Page 7
31. Report from City Council staff and the Admiuistrarion regarding District Energy Saint
Paul, Inc's. request for an extension of the Term of the District Heating Development
Company Franchise for an additional twelve years from October 4, 2013 to October 4,
2025. (Report requested on June 7)
Gerry Strathman stated a meeting was held with City Council and Aduiiiustrative staff
and his recommendation is that this issue be referred to the City Council Organizarional
Meeting on June 28, 2000.
Councilmember Blakey moved to refer the matter to the June 28 Organizational Meeting.
Referred to the City Council Organization Meeting on June 28, 2000.
Yeas - 4 Nays - 0 (Benanav, Coleman and Harris were not present)
(Coleman returned)
32. Report from the Mayor and his administration on nnplementing a program to provide
technology trauung for Saint Paul residents to establish a base of "Huxnan Capital" for
business. (Report requested by Council May 3, 2000; C.F. 00-429; laid over from June
14)
Councilmember Blakey moved to lay over one week.
Laid over to June 28 Yeas - 5 Nays - 0 (Benanav and Harris were not present)
(Benanav & Harris returned)
33. Resolution - 00-547- Approving a Management Agreement for RiverCentre with Saint
Paul Arena Company, LLC. (Laid over from June 14)
Joe Reid, Budget D'uector, appeared and stated there was a new agreement and some of
the issues raised in previous discussions were incorporated in the document. Mr. Reid
reviewed the changes in the document.
Councilmember Coleman asked where the responsibility for liability will be for the
connection -- as it leaues the library or as it leaves the existing skyway system. Mr. Reid
responded his expectarion is that it would cover the public portion from where it goes
down underground to the RiverCentre. He is not sure how the elevator would be dealt
with.
Council President Bostrom suggested the Port Authority would be responsible for the
elevator and stair tower. Mr. Reid responded that would be correct once there is a clear
right-of-way into the building.
June 21, 2000 City Council Summary Minutes
��
Councilmember Coleman asked if the language needs clarification or if the current
language is okay. Mr. Reid responded the current language is okay, but the documents
related to the Port Authority, the Convention and Visitors Bureau, and the City should be
reviewed.
Coleman presented two amendments to the document.
Councilmember Coleman moved approval of the amendments
Adopted Yeas - 7 Nays - 0
Mr. Reid reviewed the sections of the agreement pertaining to management fees and
commissions.
Councilmember Blakey asked about the management fee and why the RiverCentre
Authority would not be getting a matching revenue as well. Mr. Reid responded they are
talking about a certain number of revenues generated by the facility. 17ae agreement does
not deal with other revenues such as the parking ramp. Based on the information
provided by the RiverCentre Authority fiscal staff, the RiverCentre will net
approximately $45Q000 to $500,000 as a result of this agreement. The RiverCentre will
be getting some money, but it is not reflected in the document; it will be reflected in the
yeaz-end financials for the RiverCentre Authority. Mr. Reid said he would have liked to
see it reflected in the agreement, but it cannot be done because of IRS regulations.
Of the $500,000, Blakey asked if it reflects the 50% share the RiverCentre Authority
received. Mr. Reid responded the authority will get 100% of that as a result of increased
revenues and reduced eacpenditures because of the ability to share staff, equipment, etc.
Councilmember Blakey asked about the issue of the tunnel and if the projection of a 15%
increase in business was added into the revenue. Mr. Reid responded it is reflected to
some extent but he didn't build in anything specific. The huinel will not be completed
until the end of 2001 and will not be in operation unti12002 or 2003. Councilmember
Blakey suggested there be an amendment to reflect 15% so the City would get a share of
the money. He is concerned that it is not reflected in the agreement. Mr. Reid responded
if they were to assume that happens, and the numbers are approximate, the City would
take in another $50,000 or $75,000, all of which goes to the RiverCentre Authority.
If the Council is bringing the Arena and RiverCentre management together, the tazget
should be higher, stated Mr. Blakey. Mr. Reid responded it is a projection and the
projections haue been higher than the actual. That is why he thought it was a reasonable
figure to use for the first tazget.
June 21, 2000 City Council Suivmary Minutes
Page 9
Mr. Blakey stated the $3.7 million is sometbing that should be reached very easily. Witl�
both operations playing offeach other, it seems the projections would have been higher.
Mr. Reid stated that in the past, the estimates haue been overly optimistic. He was most
interested in meeting these targets, creating some stability in the revenues generated, and
managing the cost without doing it at the eapense of the revenue.
Councilmember Benanav stated there was an anticipated 15% increase in revenues as a
result of the tunnel being built. If that is the case, he asked if the target is correct and if it
can be incorporated. Mr. Reid responded he did not remember 15% as the number, but it
is an estunate and there is nothing to go on at this point.
Councilmember Benanav stated $10 million was spent on a tunnel and the Council was
given assurance it would generate new business. A lot of money was spent on an
estimate that the City is not sure will be met. It should be reflected in the year 2003.
Also, he asked if there can be assurances that two years &om now all the goals will be
met. Mr. Reid responded he can give that assurance in good faith, but it will be up to the
RiverCentre Authority and the City Council to see that it happens because they will be
approving the budget every year and they will have financial information on the prior
year's eaperience when doing it.
If the goals have been met at the end of the first year but the RiverCentre Authority has
not received what the City Council thought they would, Benanav asked if the targets can
be amended. Mr. Reid responded changes can be proposed at anytime, but this is a three
year agreement. If the revenue targets are being met, then the Council would haue to
look at the expenditure elements during the budget deliberations.
Councilmember Benanav asked far assurances from Mr. Reid that someone wiil not say
later that the RiverCentre has not met the projected revenues. Mr. Reid responded he
hopes they will exceed the revenue tazgets.
Council President Bostrom stated several things have happened that contributed to
problems with finances at the RiverCentre. When the 5mithsonian Eachibit was brought
in, many other organizations that had booked there had to be relocated. The cost to do
that was expensive. Also, the new arena put the old arena out of service for two years.
Something could happen at the Wilkins Auditorium and thus something could happen to
some of this revenue. The Council needs to recognize that this is an area constantly in
flus.
Councilmember Coleman moved approval. He stated the tunnel was not strictly to
enhance doilazs directly coming out of the RiverCentre, but it was a benefit to the hotels,
restaurants, eta The tunnel will help increase business at the RiverCentre. He pointed
out that the State Teachers Association has now booked the facilities whereas they
previously were not going to come to Saint Paul. Ultimately, three years from now the
June 21, 2000 City Council Summary Minutes
Page 10
Council can re-look at this issue if it is not producing what it should. However, the
Council should do whatever it can to ensure success of the Minuesota Wild and the
RiverCentre, otherwise the inveshnent will be for naught. The document now assures the
success of the facility and the smooth transition to single management. This is an
important step and the Council should go forwazd with it, Coleman said.
Councilmember Blakey asked if the I S% was captured in the budget cycle in the end.
Mr. Reid responded the benefit of the 15% is to the RiverCentre and the City. For the
portion that benefits the RiverCentre, it will fall to the bottom line of the RiverCentre
budget. Because of the connection, the City will be able to draw larger conventions.
In three years if the City decides to part from the agreement, Councilember Blakey asked
what will happen to the employees. Mr. Reid responded that 180 days before that would
happen, a decision will be made that the manager will not continue to provide that service
to the facility and the Council will have a choice of hiring a different manager. Or there
is an option of bringing the employees back to the City.
If this agreement is not renewed, Blakey asked if another management company would
retain the 70 employees. Mr. Reid responded that may be what the Council chooses to
do. It is explained on Page 8, Section 2.7(b).
Councilxnember Reiter asked if there will still be a RiverCentre Board and how many
members it would consist of. Mr. Bostrom responded there will still be a board and he
and Mr. Coleman will be on it.
Councilmember Blakey asked about cost allocation of employee terminations. Mr. Reid
responded this was one of the more important things for the City and the RiverCentre
Authority -- that the employees would be treated fairly at the time of separation and that
Saint Paul Arena Company (SPAC) would pay those costs. The allocation plan is
something that has to be agreed to by the RiverCentre Authority, City Council, and
SPAC.
Mr. Blakey asked about the employee pension issue. There are 17 non-union employees
who receive $300 each for retiree health care benefits and City employees got 5.18% in
their pension plan. Those employees will not get any allocation to their pension plan.
Mr. Reid responded the compensation plan was offered to all employees and discussed
with them in some detail.
Martha Fuller, SPAC, appeazed and stated the pian that SPAC offered is not a pension
plan but a 401K plan in which employees can defer a percentage of their salaries before
tases and they have the opportunity to choose how it would be invested. It is a typical
plan structure for a private sector employer. It also provides for an employer match. At
this point in their evolution, the board is not authorized to provide an employee match,
June 21, 2000 City Council Summary Minutes
Page 11
but it may be done at some point. The 5.18% is part of the total package that the unions
negotiated. The non-represented staff have a variety of tools for compensation:
discretionary bonuses, potential for profit sharing, and a whole array of tools that private
sector employers, not bound by union agreements, can make auailable to ariract and
maintain qualified staff.
Councilmember Blakey asked what would prevent City employees from wanting the
5.8% that they were missing. Terry Haitiner, Office of Labor Relations, appeazed and
stated it is not allowed under State law: time cannot be bought back from a private
employer.
Councilmember Blakey moved an amendment indicating that nothing in this contract
shall obligate the City of Saint Paul or the RiverCentre Authority to pay any future
employer pension contributions during the term of this contract or extended contracts or
former RiverCentre employees hired by the SPAC in the event they become rehired by
the City when this contract ends.
Peter McCa11, City Attorney, appeazed and stated the City will be giving layoff notices on
June 30, 2000, to the employees terminating their employment and SPAC will be offering
employment begiiming 7uly 1, 2000. As a matter of law, they will be terminating
obligations of the City to pay future contributions for those employees. As a matter of
law, the City is covered. If the employees return to the City at some future date, the
obligation of the City to pay pension would be reactivated at that time. If the State
legislature were to pass a law affording those sorts of rights to employees, it would
override any provision in the contract at this point.
Councilmember Blakey asked about disclosure, vote, and record regarding pension for
non-union employees. Mr. Halriner responded meetings were held with the employees.
There was legislation passed to provide enhanced PERA benefits for the employees.
They looked at what the Wild was proposing and the projections of the benefit available
to people at the time of retirement is comparable to what the City has now. In addition,
there are possibilities of enhancement that SPAC will be worldng on in the fuhxre.
Councilmember Lantry stated she had concerns with this contract regarding how the
employees would be treated and the boolang policy but she felt all the issues raised at ttris
meeting were addressed or eaplained to her satisfaction. As for the targets being correct,
the City has never had a hockey team in a new azena with a new convention center and a
tunnel connecrion. She assumes there aze educated guesses and the City Council has to
rely on other people to give estimates.
Adopted (including the new version of the Agreement dated 6/16l00, as amended on
6/21/00) Yeas - 7 Nays - 0
(Blakey & Coleman left the meeting)
3une 21, 2000 City Council Summary Minutes
Page 12
34. Report from the Division of Pazks and Recreation on the Inirial Lease Term and any
extended Lease Terms regatding the Saint Paul Yacht Club's performance on specific
provisions contained in the Lease Agreement. (Report requested by the Council on April
17, 1999; C. F. 99-306)
Mike Hahm, Division of Parks and Recreation, appeared. He noted that a written report
was prepared and dishibuted by Vic Wittgenstein, D'uector of Parks and Recreation. Mr.
Hahm said things are going well with the Yacht Club and the majority of the good news
is related to the Harriet Island Renovation Project. This year, the gas dock operations
were moved from the area neaz the Wabasha Bridge to a location at the upper hazbor.
ORDINANCES
35. Second Reading - 00-571 - An ordinance amending Chapter 166 of the Saint Paul
Legislative Code by revising the residential street permit pazking district in the University
of Minnesota Farm Campus Neighborhood and which provides for the orderly
administration of the district.
Laid over to June 28 for third readingJpublic hearing
36. Second Reading - 00-572 - An ordinance amending Chapter 166.10 of the Saint Paul
Legislarive Code by changing the residential street permit parking district in the Irvine
Park Neighborhood from Two Hour Pazking, 8AM-8PM Monday-Friday, Except by
Permit, Area 13 to No Pazking Except by Permit, Except Holidays, Area 13.
Laid over to June 28 for third readinglpublic hearing
37. Second Reading - 00-573 - An ordinance to clarify the imposition of penalties for
violarion of the Saint Paul Legislative Code.
Laid over to 7une 28 for third reading/public hearing
38. Second Reading - 00-574 - An ordinance to clarify and supplement tasi driver's license
requirements.
Laid over to June 28 for third reading/public hearing
39. First Reading - 00-600 - An ordinance amending various sections of Legislative Code
Chapters ll 6 and 135 of the Saint Paul Legislarive Code to provide for regulation of the
public right-of-way.
Laid over to June 28 for second reading
40. First Reading - 00-6�1 - An ordinauce to provide far the publication and distribution of
the legislative and administrarive codes by the City Clerk.
Laid over to 7une 28 for second reading
7une 21, 2000 City Council Summary Minutes
Susroension Items
Page 13
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolufion - 00-602 - Amending Council File 00-271, adopted on June 14, 2000, �anting
the property owner addirional time of 180 days to complete repairs at 783 Como Avenue.
Councilmember Reiter indicated that the owner will be posting the bond shortly.
Adopted Yeas - 5 Nays - 0 (Blakey and Coleman were not present)
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolution - 00-603 - Authorizing payment to Wasche Commercial Finishes, Inc., in full
settlement of their claim against the City of Saint Paul.
Phil Byrne eacplained that this issue, regarding the settlement for painting the skyway
bridges, was discussed in a City Council closed meeting.
Adopted Yeas - 5 Nays - 0 (Blakey and Coleman were not present)
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolution 00-604 - Requesring that the Federal Trade Commission (FTC) include
Minnesota in their investigation into the cause of escalated price levels of gasoline.
Council President Bostrom explained this resolution pertains to the increase in gasoline
prices. Several agencies have asked the FTC to look at this issue and our Ciry budget
could suffer by over $600,000 due to the increase of these gasoline prices.
Councilmember Benanau stated he would like to see the wards "of price gouging and
inclusion" removed from Line 12.
Adopted Yeas - 4 Nays - 1(Benanav) (Blakey and Coleman not present)
POLICY SESSION
There was no policy session this month.
June 21, 2000 City Council Summary Minutes
Councilmember Lantry moved to adjourn the meeting
Nays - 5 Nays - 0(Blakey & Coleman not present)
ATTEST:
� � A r -
Nancy An t�On
Assistant Council Secretary
AD70 D AT 5:25 P.M.
�/
Daniel Bostrom, Council President
Minutes approved by Council
Page 14
� \ O00
rn/mce
STATE OF MINNESOTA
OFFICE OF ADiVIINISTRATIVE HEARINGS
100 Washington Square, Sude 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Apri14, 2000
Saint Paul City Council
Room 310
St. Paui City Hall/Ramsey Co.
Gourthouse
15 West Kellogg Boulevard
St. Paul, MN 55102
RE: In the Matter of All Licenses Held by Metro Bar & Grill, Inc., d/b/a
Arnellia's, for the Premises at 1183 University Avenue, Saint Paul,
License I.D. No. 54523; OAH Docket No. 9-2111-12640-3
To Whom It May Concern:
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the official record. Ous file in this matter is now
being closed.
Sincerely,
r�� ��� � �
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PHYLLIS A. REHA —�
Administrative Law Judge
Telephone: 612/341-7602
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Encs.
ca Virg'inia D. Palmer
S. Mark Vought
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Providing Impartiai Hearings for Governme�t and Citizens
� An Equal Opp o rt unity Employer
Admmistrative Law Section & Administrative Serv�ces (612} 341-76�0 + TDD No. (612) 341-7346 � Fax No. (612) 349-2665
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Margaret K. Is4eman, being first duly sworn, hereby deposes and says that
on the 4 day of A ril, 2000, at the City of Minneapo{is, county and state
aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIOfVS
OF LAW AND RECOMMENDATION: OAH Docket No. 9.-2111-12640-3 by
depositing in the United States maii at said City of Minneapolis, a true and
correct copy thereof, properiy enveloped, with first ciass postage prepaid and
addressed to the individuais named herein.
Saint Pau( City Council Virginia D. Palmer
Room 310 Assistant St. Paui City Attorney
St. Paui City Hall/Ramsey Co. Courthouse 400 City Hall
15 West Kellogg Boulevard 15 West Keliogg Boulevard
St. Pauf, MN 55102 St. Paul, MN 55102
S. Mark Vought
Attorney at Law
Six West Fifth Street, Suite 700
St. Paul, MN 55102-1412
��2L..k4QA-�' K � �-�.m-�_a..v`.
Marg e K. Isleman
Subscribed and sworn to before me
this �ay of April, 2000
�� � .
Notary Public
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e.,r�, . • ��ssior�
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9-2111-12640-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE C1TY OF ST. PAUL
In the Matter of All Licenses Held by
Metro Bar & Grill, Inc., d1b/a Arnellia's, for
the Premises at 1183 University Avenue,
Saint Paui, License I.D. No. 54523.
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND RECOMMEIVDATION
The above-entitled matter came on for hearing before Rdministrative Law Judge
Phyilis A. Reha, acting as a hearing officer for the Saint Paul City Council, commencing
at 9:30 a.m. on Wednesday, January 26, 2000, at the Saint Paul City Hall/Ramsey
County Courthouse, Room 41, 15 West Kellogg Boulevard, St. Paul, Minnesota. The
hearing was heid pursuant to a Notice of Hearing dated December 15, 1999.
Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West
Keilogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City's Office
of License, lnspections and Environmental Protection (LIEP). S. Mark Vaught, Attorney
at Law, Six West Fifth Street, Suite 700, Saint Paul, Minnesota 55102-1412, appeared
on behalf of the Licensee (hereinafter "Arnellia's" or "Licensee"). The record closed on
March 7, 2000, with the receipt of the last post-hearing submission.
NOTICE
;.
This Report contains a recommendation and not a final decision. The final
decision will be made by the Saint Paul Gity Council, which may a�rm, reject, or modity
the Findings and Conclusions contained herein. The Council wili consider the evidence
in this case and the Administrative Law Judge's recommended Findings of Fact and
Conclusions, but wi11 not consider any factual testimony nat previously submitted to and
considered by the Administrative Law Judge. The Licensee will have an opportunity to
present oral or written arguments regarding its position on the recommendation of the
Administrative Law Judge in the application of the law or interpretation of the facts and
may present argument related to its position. The Council's decision as to what, if any,
adverse action shall be taken will be by resolution under § 310.05 of the St. Paul
Legislative Code. To ascertain when the Council wifi consider this matter, the parties
shoufd contact the Saint Paul City Council, Room 310, St. Paul City Hall/Ramsey
County Courthouse, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102.
STATEMENT OF ISSUES
The issues in this matter are whether Licensee violated conditions on its license
by failing to maintain video surveillance of the exterior of the licensed premises and
failing to record that imagery, and, if so, what penalty is appropriate.
Based upon all of the files, records and proceedings herein, the Administrative
Law Judge (ALJ) makes the following:
FINDINGS OF FACT
1. Metro Bar & Grill, lnc. is a corporation•doing business as Arnellia's at 1183
Universifij Avenue, Saint Paui, Minnesota 55104. The corporation is owned by Arneilia
Ai1en. Arnellia's has an Entertainment (B) license, a Gambling Location (S) license, a
Cigarette/Tobacco license, and two Liquor On-Sa(e licenses. Arnel(ia's licenses remain
valid pending the outcome of this proceeding. The business is owned by Arnellia Allen.
The manager is her son, Jerry Allen. Jerry Allen's brother, Larry Ailen, is employed by
Arnellia's to provide security.
2. Arnellia's is located directfy on University Avenue. To the west on that block
is Antiques Minnesota. To the east side of Arneliia's is a parking lot and the Midway
Car Wash. To the north side is an alley, with some parking and a dumpster. Four
external video cameras have been +n place on the building for approximately six years.
One camera provides a view of the front door on the south side of the building, one
camera observes the north side around the back door of Arnellia's (near the dumpster),
and the other two cameras provide different angles of the parking lot on the east side of
the building. Signs posted on the building state that video surveillance is being
conducted. The video cameras send images to a monitor, which displays a picture for
each camera together on the same screen.
3. The area in the vicinity of Arnellia's is subject to frequent police ca(Is and
significant levels of crime. To address these neighborhood problems and prevent any
exacerbation of those problems, Arneliia's operates its business under a number of
restrictions that have been in place for years.� These restrictions include imposing a
dress code on customers, requiring picture identification, banning individuals from the
premises, screening music played on the premises for inappropriate content, using a
metai detector to exclude weapons fiorm the premises, and providing security to ensure
orderiy behavior on the premises.
4. ln May, 1999, a man was shot and kilied while in a car parked in front of the
Midway Car Wash. In response to that killing, management at Arneliia's met with the
Saint Paul Police, LIEP, and community representatives to determine what additional
efforts could be made to address violent acts in the vicinity of Arnellia's. The Licensee
agreed to add taping equipment to its existing video surveillance system. This
additional condition became effective on July 8, 1999 and states:
Licensee ho(der wiA maintain in good working order at (east 4 video
surveiflance cameras on the exterior of the building to constantiy monitor
the exterior of the premises. Tapes must be maintained for 7 days.
5. After agreeing to the conditions regarding the video surveiliance system, a
manager at Arnellia's developed a system to be followed for taping. The first tape of the
' The entire list of restrictions, identified as conditions on Arnellia's license, is attached as Appendix A.
The list of conditions includes the subsequently agreed-to conditions regarding the video cameras.
Z Midway Car Wash is located at 1169 University Avenue.
3 Exhibit 2.
I]
day would be started when the estabfishment was opened for business, around noon
each day. When that tape ran out, another employee inserted the second tape. "{"fiat
tape would record until after closing. Tapes were kept for a week and then reused for
taping.
6. in August, 1999, Arnellia Allen discovered that one of the four surveillance
cameras was not working properly. The camera operated properly in daylight, but did
not return a clear image at night. The contractor who initially instalied the system, Earl
Allen, was contacted in early August, and he examined the system approximately one
week later. The contractor concluded that a new camera was required and it was
ordered from the manufacturer in California. Jerry Ailen paid the contractor to order the
camera on August 13, 1999. The date that the camera was ordered by the contractor is
unknown.
7. 7he camera was delivered to Arnellia's in early September. The contractor
was notified that the camera had arrived.
8. On September 23, 1999, a shooting incident occurred in the alley behind
Arnellia's. Sergeant Munoz of the Saint Paul Police Department went to Arnellia's to
obtain the videotape of the imagery captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for that evening. Larry
Allen had forgotten to put in the second tape on that day.
9. Arnelfia's responded to the faiiure to tape by modifying its system of taping.
Longer duration videotape was purchased, the employees responsible for the system
were instructed to make certain that a tape was in the machine, and the system of
retaining videotapes was modified.
10. On September 30, 1999, the Saint Paui City Attorney's Office issued a
Notice of Violation to Arnellia's. The Notice indicated that on September 23, 1999, the
Licensee failed to have its video cameras on and taping and that constitutes a violation
of the video surveiliance condition on Arnellia's license. No citation was made in the
Notice of Violation to what provision of the Saint Paul Legislative Code was aileged to
have been violated and no suggested penalty was indicated.
11. On October 7, 1999, Larry Alfen was working the evening shift at
Ameliia's. At about 8:00 p.m., Larry A41en switched the videotape for the tape that had
been recording since Arnellia's opened that morning. When he activated the video
recorder, he inadvertently pressed the "play" button rather than the "record" button.
12. Near midnight on October 7, 1999, an altercation began between patrons
in Arnellia's. Those participating in the altercation were removed from the premises.
The dispute continued outside and someone fired shots. A car struck and killed a
"The image returned by that camera at night would only show objects with their own illumination, such as
automobile headlights and taillights.
5 Earl Allen is no relation to Arnellia Allen, Jerry Allen, or Larry Allen.
6 Exhibit 5.
3
pedesfrian in the middle of University Avenue at that time. A large number of oificers of
the Saint Paul Police Department responded to the scene.
13. Larry Allen had been observing the incident outside Arnellia's. He went in
to check on the videotape sysfem and noticed for the first time that evening that the
recorder had been set to play, rather than record. He immediately stopped the tape and
began recording. An officer of the Saint Paul Police Department entered a few minutes
later and requested the videotape. Larry Allen gave the officer the videotape.
14. !n mid-October, the contractor returned to Arnellia's and installed the new
camera. The installation of the new camera allowed nighttime images from a second
angie in the parking lot to be recorded on the VCR.
15. As a result of the October 7 error in operating the VCR, Arneilia's again
modified how the videotaping system was to operate. A three-week rotation of
videotape was instituted. Each staff member at Arneflia's was instructed to check the
operation of the VCR throughout the work shift. Any staff member observing anything
unusual about the monitor or VCR is instructed to report to the manager on duty.
16. On November 10, 1999, the Saint Paul City Attorney's Office issued a
Notice of Second Violation to the Licensee. The Notice stated that on October 7, 1999,
Arneliia's failed to have its video cameras on and taping and that constitutes a violation
of the video surveillance condition on Arnellia's license.' No citation was made in the
Notice of Violation to what provision of the Saint Paul Legislative Code was alieged to
have been vioiated and no suggested penalty was indicated.
17. On December 15, 1999, the Assistant City Attorney, Virginia D. Palmer,
issued a Notice of Hearin� in this matter. The Notice of Hearing identified the hearing
date as January 26, 1999.
18. The misidentification of the date of the hearing in the notice of this matter
did not cause any confusion for Licensee. Licensee was not prevented from fully
participating in the hearing due to the erroneous date.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paul City Council have
authority to consider the charges against the respondent and the penalty, if any, that
should be paid the city pursuant to Sec. 310.05 of the St. Paul Legislative Code.
' Exhibit 9.
8 Exhibit 10.
�
2. LIEP has substantially complied with all relevant substantive and procedural
fegal requirements. ,
3. The Licensee received adequate and timely notice of the hearing and of the
charges against it.
4. LIEP has the burden of psoof to establish, by a preponderance of the
evidence, that the respondent vioiated the conditions of its iicensure.
5. The Licensee is in substantiai compliance with the conditions of its license
through the installation and operation of a videotaping system attached to its video
surveillance cameras. The failure ta record the images captured by the video
surveillance cameras outside the licensed premises on September 23 and October 7,
1999, was inadvertent by the Licensee.
6. The efforts made by the Licensee to repair the malfunctioning camera
complied with the condition that four video cameras be "maintained in good working
order" outside the business premises.
7. There is no basis for taking adverse action against the Licensee under
Sections 310.06(b)(5) and 409.10 ofi the Saint Paui Legislative Code for the operation of
its video surveillance system.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
foliowing:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: That the Saint Paui City Council DISMISS the
action against the licenses held by Metro Bar & Grill, Inc.
Dated this �� day o# April, 20�0
���� ���
; �,.,wn
PHYLLI A. REHA �-��
Administrative Law Judge
Reported: Taped, three tapes
MEMORANDUM
Three incidents of violence are the motivation for bringing this action against the
Licensee. A killing in May, occurring in front of the business next door; a shooting in
September, occurring in the alley behind the business; and a shooting in October,
�
resulting in a pedestrian being struck by a car and kiiled. There is no evidence in the
record of this matter that any of these incidents took place on the 4icensed premises.
In response to the May killing, the conditions under which Arneflia's operates
were reconsidered. Conditions regarding video surveillance were added. The language
of the new condition itself is ambiguous, since that language does not expressly require
that the imagery captured by the e�cterior video surveillance cameras be recorded.
There is no dispute, however, that both LIEP and Arnellia's understood the condition to
require the addition of a VCR and recording the imagery from those cameras.
The record ln this matter is clear that Arnelfia's implemented the new requirement
consistent with its agreement. At first, tapes of six and eight hours in duration were
used to cover the fourteen hours per day that Arnellia's is open. After a period of trial
and error, Arnellia's discovered that additional time was needed to ensure that the
videotaping covered the entire time the establishment was open. Arneliia's then
switched to two eight-hour tapes per day. During this period staff discovered, afso by
trial and error, that the extended play option must be selected to ensure that the eight-
hous tape covers ali eight hours." No one at Arnellia's was able to set the date and
time feature on the VCR.
The second act of violence near Arnellia's was a shooting that took place in the
alley behind the building on September 23, 1999. The victim in that incident was struck
in the foot. The Saint Paul Police sought the videotape from that evening to assist in
their investigation of the incident. There was no tape from that evening, since Larry
A(len had forgotten to put a tape in the VCR. Arneliia's responded to the error by
reviewing the system that had been established for videotaping, adjusting that system to
ensure that the VCR was being aetivated at the appropriate times, and reminding the
responsible employees that the taping was a requirement.
The third act of violence occurred on October 7, 1999. At approximately 8:�0
p.m. on that date, Larry Ailen changed the videotape in the VCR for the evening. He
inadvertently pressed ihe wrong button on the VCR after inserting the new tape.
Around midnight, an altercation started in Arnellia's. In accordance with the
establishmenYs policy, the participants were ejected from Arnellia's. Those persons
continued their dispute outside and shots were fired. A car then struck a pedestrian in
University Avenue and that pedestrian was ki{led.
After seeing the events outside, Larry AAen went to check on the VCR. At that
time he discovered that it was in "piay" mode, rather than "record" mode. He
immediately began recording. At the hearing in this matter, Larry Alien acknowledged
his mistake.
LiEP maintains that violation of any condition is sufficient to take adverse aetion
against Arnellia's license. The serious consequences on September 23 and October 7
are asserted to be justification for a penalty of sixty days suspension. Arnellia's points
9 Several witnesses suggested that the automobile striking the pedestria� was exiting Arnellia's parking
fot.
70 While Condition 11 states that tfie cameras must monitor the e�erior continuously, both Arnelfia's and
LIEP understood the taping requirement to be on{y during business hours.
" The other option, standard piay, provides better video quality but much shorter duration.
�
out that there is no evidence that any videotape from either evening wouid have
prevented the incidents or materially aided the S,aint Paul Police in their subsequent
investigations.
Section 310.06(b)(5) authorizes adverse action be taken against a licensee when
the licensee fails to comply with any condition of the license. Section 409.10 sets out
the standards to apply in adding conditions to licenses as follows: -
Sec. 409.10. Restrictions on licenses.
When a reasonable basis is found by the council to impose reasonable
restrictions upon a license held under this chapter, the council, upon
issuing a new license or renewing a license or approving a transfer of a
license, may impose reasonable conditions and restrictions pertaining to
the manner and circumstances in which the business shai{ be conducted
to preserve the public peace and proiect and promote good order and
security. These reasonable conditions or restrictions may pertain to:
(1) A limitation as to the hours when intoxicating liquor may be sold and/or
consumed on the licensed premises;
(2) A limitation and restriction as to the exact location within a building
where intoxicating I+quor wiil be served andlor sold and/or consumed;
(3) A fimitation and restriction as to the means of ingress to or egress from
the iicensed establishment;
(4) A requirement that certain off-street parking fiacilities be provided;
(5) A condition that the license will be in effect only so long as the
establishment remains a drugstore, restaurant or hotei as defined by the
state liquor act or regulations adopted pursuant thereto;
(6} A limitation and restriction as to the means and methods of advertising
the sale of intoxicating liquor on the building and/or on the premises
adjacent thereto;
(7) Reasonable conditions limiting the operation of the ficensed premises
so as to ensure that the Iicensed business wili comport with the character
of the district in which it is located and/or to the end thatnuisances wili be
prevented; and
(8) Additional conditions upon hotels and restaurants which may in the
discretio� of the counci! tend to insure that the sale of liquor will take p(ace
on{y in conjunction with the sale and service af food.
The one repeated standard throughout the section is that any condition imposed
on a licensee must be "reasonable". The condition at issue in this matter falis under
item 7, which is the imposition of "reasonable conditions limiting the operation of the
licensed premises ... to the end that nuisances will be prevented.i Adverse action can
certainly be taken against a licensee for any unreasonable faifure to meet a condition
' Saint Pauf Legislative Code Sec. 409.10.
requir+ng videotaping. Conversely, where a licensee has a reasonable excuse for that
failure, adverse action is inappropriate.' ,
In each instance where the videotaping system was found to be faulty, action
was taken by Arnellia's to improve the system. VCRs are not "fool-proof' technology,
and gaps in recording are inevitable. The Licensee has demonstrated substantial
compiiance with the license condition and the two instances of noncompliance were
inadvectent. The degree of ongoing compliance is demonstrated by the other material
on the tape provided to the Saint Paui Police Department on October 7, 1999.'
LIEP asserts that violations of the license condition are established by the failure
of Arnellia's to ensure that the correct date and time are imprinted on the recording.
There is no such requirement in the conditions established fior Arnellia's. Adverse
action cannot be taken against the Licensee for failing to properiy set the date and time
of the VCR, absent some understanding that such conduct is required.'
Having one video camera malfunction is also cited by �IEP as a violation of the
license condition. 7he ob{igation in the license condition to "maintain in good working
order" four video surveii{ance cameras assumes that the technology will periodicaliy
malfunction and need to be fixed. The measure of compliancs is not whether any of the
cameras are broken, but whether prompt action is taken to repair them. In this matter,
the Licensee was prompt and a contractor was dilatory. The Licensee met the
requirement that the video surveiliance system be maintained.
73 This standard of conduct is reflected in other license actions involving entertainment establishments.
For example, in assessing whether adverse action was appropriate where female dancers "went topless"
without a bar owner's knowledge, Administrative Law Judge Peter Erickson stated:
This case is not so much one where critical issues of fact must be determined, but rather one in which
the penally must be appropriate to the violation. This case would be much difterent if, when Mr.
densen had seen that the dancers were topless, he had immediatety taken action, whether or
not successful, to curh the topless activities. However, Mr. Jense� decided that he could do
nothing at that time and it was not until after O�cer Nohr became involved that Mr. Jensen put an end
to the topless behavior. Additionally, Mr. Jensen could have instructed his bouncers and other
employees regarding the law on nudity and told them to enforce the prohibition if any of the dancers
decided undress. Although Mr. Jensen was not aware that the show would be topless, he is not
blameless for the resulting nudity which continued until after Officer Nohr arrived. However,
Mr. Jensen's good faith efforts to ensure that the show would not be topless betore ever
bookiog it should be given great weight.
Cify of Coleraine v. Har/ey Jensen, d/b/a Harley's Huf ll, OAH Docket No. 4-2101-5430-6
(Recommendation issued April 23, 1991)(emphasis added).
14 The time stamp on the tape provided is October 30, 7989, and that tape-records the entire evening's
events outside of Arnellia's. With the rotation of tapes described by Amellia's, the next time stamp that
would be imprinted on that particular tape is November 7, 1989. At about the middle of the tape
(approximately four hours at extended pfay), the scene changes to the events on October 7, 1999, and
the time stamp changes to November 7, 1989. The new date and imagery lasts only a few minutes,
which is consistent with the police officer receiving the tape that night. These facts support the testimony
of Larry Allen that the tape was inserted according to the procedure, but that the "play" button was
inadvertently pressed.
15 As discussed above, the language of the license condition fails to expressly require taping, much less
requiring accurate time stamps. There was no understanding between Arneflia's and L1EP that the VCR
must imprint an accurate time stamp to meet the license condition.
E:1
Robert Kessler, Director of LIEP, testified that the purpose of the video
surveillance license condition was: .
This establishment atfracts people that (sic) are prone to violence. And
that we have a responsibility to do everything we can to prevent that from
happening. And the conditions were designed, especially with the
conditions in regard to the cameras, to send a message to those people
that practice violence that they will be watched and that we wili have
records that wili protect the public. Because of the lack of good
management practices at that establishment, those records are not
available and I think as a result, the message is that they can get by with
these kinds ofi acts at that establishment without having to pay the price.�
There is no way for anyone outside the establishment to know whether
videotapes are being recorded at any particular moment. The video cameras and signs
warning about surveiilance are prominently displayed. Each of the three incidents that
prompted action concerning the Licensee occurred off of the licensed premises.
Possession of a business license does not grant police power to control the actions ofi
persons outside of the licensed premises. The purpose of "sending a message" to
persons outside the control of the licensee is accomplished by the visible indicia of
video surveillance.
The efforts made by Arneliia's to prevent a nuisance condition in the vicinity of its
6usiness are reasonable. Maintaining videotape generated by surveiilance cameras
does not relate to the ongoing business of the Licensee, but merely aids in the
subsequent investigations by police. The inadvertent failure, on two occasions, to
record the video camera imagery from outside the premises does not rise to a failure to
comply with the conditions on Arnellia's license. The actions taken to replace a
malfunctioning camera were reasonable. Arnellia's has demonstrated by a
preponderance of the evidence that it was in substantial compiiance with its license
conditions. LfEP failed to demonstrate that Arnellia's has failed to compiy with the
conditions on its license. Therefore, the Administrative Law Judge recommends that
this matter be DISMISSED.
�
76 Fiearing Testimony, Tape 1
.
�,
Appendix A
EFFECTIVE 07/08i99:
1. Dress Code: Arnellia's agrees to continue to enforce a dress code for customers
designed specifically to prevent patrons or customers from concealing weapons or
contraband inside baggy cfothing or wearing gang affiliated colors.
2. Adherence to Strict ident�fication Requirements: Ameifia's wifl require proper picture
identification from anyone who appears to be younger than 30 years old. Those without
proper identification shali be denied entrance.
3. Increase Communication with Police and Neighbors: Amelfia's shall initiate and
maintain regular communication with the west sector team police commander or his
designee, and licensing officials, Christine Rozek snd Kristina Schweinler. Meetings
shalf include neighborhood organizations to the extent possible.
4. Controi Music Type and Format: Arnellia's shall continue to be responsib{e for
screening out music that promotes or glorifies violence and nefarious or anti-social
behavior.
5. Arnelfia's management and security personnel will insure that patrons do not leave
enmasse, but rather, management and secuirty will encourage patrons to leave in an
orderly and controlled manner between 12:30 a.m. and 1:15 a.m.
6. The public telephones shall not allow incoming calis, nor any cafls to or ftom electronic
beepers or pagers.
7. Arnellia's shall maintian a list of all patrons who have bee� banned from the
establishment, and this list shall be strictly enforced by Arnellia's. Such list shall include
proper identification of that person, photograph and a �otice of trespass. This notice
should be in triplicate with o�e copy going to each of the followi�g: 1) Maintained by the
establishment; 2) LIEP; 3) the individual being 6anned. Once banned, a person will
remain banned for a minimum of o�e year. Arnelllas wfll cooperate with police in filling
out trespass notice(s).
8. Arnellias shal! continue to provide security personnel to promote the orderly behavior of
patrons on and leaving the premises. The premises shall include the area immediately
adjacent to the establishment. Special attention will be paid to encouraging patrons to
leave the area.
9. A(i employees and security personnel information shall be provided to LIEP for
background checks.
10. Arnellla's wiil employ the use of a metal detecting devices to ensure there are no
weapons on the premises.
11. Licensee holder wili maintain in good working order at Ieast 4 video surveillance cameras
on the exterior of the building to constantly monitor the exterior of the premises. Tapes
must be maintained for 7 days.
12. A video surveillance camera shall be maintained in good working order in the interior of
the establishment to monitor customers as they enter the establishment. Tapes must be
maintained for 7 days.
13. Signage shall be posted on the exterior of the building to notify patrons that the area may
be under video surveillance. �
14. Security personnef wiil be on duty daiiy from 8:00 p.m. until closing.
15. Back door wiil remain locked after 530 p.m. to prevent entry.
16. The licensee will lock the door of the establishment at 12:30 a.m. No additional patrons
will be aliowed entry after that time.
17. Conditions reviewed at renewal.
fiD7
OFFICE OF TI� CITY ATTORNEY
Clayton M Robinson, Jr_, Ciry Attorney
CITY �F SAINT pAUL. ��(� � t �� �� CivilDivisian
,Vo,mColeman,Mayor �� �-j!� _7 t !!1 n. �f1QCityHa11 Telephone:6J1266-8710
-' r'�Yi'estKellaggBlvd. Facsimile: 6i1?98-5619
r. --; ��,., ._ _, _ _. .- SarntPaul..Ninnesota5J102
.-� :' :�. ...: �U..
Mazch 6, 2000
The Honorable Phyllis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, MN 55401-2138
RE: In the Matter of the Licenses held by Metro Bar & Grill, inc. d/b/a Arnellia's
OAH Docket #: 9-2 1 1 1-1 2640-3
Dear Judge Reha:
Enclosed please find the City's Reply Memorandum in the above-referenced matter. A
copy of the same has been served by mail on Mr. Vaught.
I am also enclosing copies of a commurucation that I received from a Cornelius Brown
Jr., who is the Chairperson of the Ramsey Action Programs, Inc. This arrived after the hearing,
and I advised Mr. V aught, who offered no objection to my submission of this document to you,
with copies to him, as part of the "public comment" portion of the hearing.
Sincerely,
/'"_
�/ �'� �-��,
��
Virginia D. Palmer
Assistant City Attorney
cc: S. Mark Vaught
encl.
OFFICE OF ADNIINISTRATIVE HE�GS ,� � C` � V C p
FOR THE COUNCIL, OF THE ��, j � ,� ,���
CITY OF SAINT PAUL �"" :": t("I f J•,, �
-- -�i _
� i_. . ,;'�(ij
In re the licenses held by Metro $az & Grill, CTTY'S REPLY MEMORANDiJM
Inc., d/b/a Arnellia's
The City has the letter brief of the licensee dated March 1, 2000, which was received via
FAX on March 3, 2000, and submits the following in reply.
The failure to have one of four surveillance cameras operatin� was not willful
The failure by the Iicensee to haue one of the £ouz surveillance cameras operating was not
actually raised as a basis for adverse action, althougk it is a violation of the conditions. In fact, it
was not until the testimony at the hearittg by the sons of the licensee that it was apparent that the
fourth camera had been inoperable for a significant period of time. The actual violations noted as
the basis fox advexse action were the September 23, 1999 fail�e to have the video operaUng at
a11, so that no cameras were recording, and the failure to activate the recording mechanism on
October 7, 1999 until after the incident had already occuned. Nonetheless, the City did azgue
and does believe that the delay in discovering and fixing the problem with one of the surveillance
cameras illustrates that the licensee did not take the conditions relating to security cameras
seriously. This, together with the lack of communication to staff about the importance of the
condition and the lack of planning and training on how to implement it made it easy for the
employees to ignore the condition. Lany Allen's actual testimony was that he did not know how
the October 7, 1999 failure to record happened; he stated that initially he believed that another
employee must have been responsible for failing to activate the machine, but that he then decided
that he could have pushed "play" rather than "record". While Sb . Kempe testified that the
explanation was possible, ke did not believe that it was necessarily the true eYplanation or the
only way in which the failure to recard the inczdent could have happened.
The £ailure to have one camera in operatine order did not contribute to or cause the underlvinE
incidents. nor did the Respondent or nav of its employees participate in or contribute ta either of
the two incidents
Licensee argues that the vantage of the broken camera on the October 7, 1999 incident
did not encompass the area of the incident, and speculates that the camera would also have been
of little assistance in the investigation of �lie September 23, 1999 incident. No1 only is this
conclusion pure speculation, but it is completely inelevant. Nowhere in the conditions is there
an exception to the recording requirement stating that it is unnecessary i€the events which
happened might not have been in the range of the camera. The Licensee agreed to the condition
requiring at least four surveillance cameras on the outside of the building, to constantly monitor
the extexior of the premises. Tapes from the surveillance cameras were to be maintained for
seven days. Licensee quite simply failed to abide by these conditions.
Licensee argues that because there is no causation between the failure to zbide by the
conditions and the crimes committed on the two dates in question, thaY no penalty is appropriate.
The basis for the adverse action was that the Licensee faited to abide by the conditions placed on
the license. In fact, an azbument could easily be made that Licensee's failure to comply with the
conditions contributed to the ongoing problems, by failing to offer the police any useful evidence
to solve the crimes committed. Licensee did not dispute in any substanfial way that the people
involved in the September 23"' and October 7"' offenses had been customers of Amellia's earlier
in the evenin�. The fact that the Licensee failed to comply with conditions desiened to deal with
the probiems caused by her own customers is not onJy a basis for adverse action, but a reason to
treat the violations seriously.
The recommended penaltv is too severe
Licensee argues that the penalty is too severe, and that no penalty is appropriate at all.
However, as the City has previously azgued, the penalty recommended is appropriate given the
fact that there were two violatiotts of these conditions within a short period of time after the
condition was agreed to, and the second violation happened shortly after the Notice of Violation
was sent on the first incident. In addition, it became ctear at the hearing that there was a camera
which was not operable for at least two months, and possible longer, and that employees of the
establishmettt felt no obligation to ckeck on the equipment to see if it was in working order. The
two violations which were discovered came to light as a result of gunshots on one date and a hit
and run in the establishment's parking lot on the second date. It was apparent from the testimony
that there were other times during the establishment's open hours that the cameras were not
recording, as no procedures had been established for when they should be turned on or when the
tapes should be changed.
Licensee azgues that the curative actions outlined in her letter o£ October 29, 1999 should
mitigate whatever penaIty is imposed. Unfortunately, the "curative action" outlined in the Ietter
amounts to nothing more than the obligation imposed by the condition - tapes are placed in the
VCR daily and are being kept for a week before being taped over. There is no indication that
there has been any training, any discussion with staff, any change in philosophy to take the
condirion seriously beyond a promise to abide by the bare minimum required. In fact, the
testimony at the hearing from the manager, 7ackie Hicks, made it clear that the Licensee's
employees still Think the condition unnecessary and 'unposed only aY the whim of the Office of
LIEP. Also, whether or not it is a zninor esor, Licensee states that there was a problem with the
VCR, which was then repaized. The testunony at the hearin� is that there was a problem witki
one of the cameras, not the VCR. Finally, Ms. Hicks acknowledged, albeit grud�ingly, that the
establishment has already been the subject of adverse action because of problems caused by
vioIence of the customers.
For a11 of the foregoing reasons, the City respectfully submits that the violations should
be found to have been proved, and the recommendation should be made for a sixty-day
suspension of the licenses held by the Licensee.
Dated: 3��o C3
��` �
Virginia . Palmer (Atty Lic. # 128995)
Assistant City Attorney
400 City HalUCourthouse
15 W. Kellogg Boulevazd
Saint Pau1, MN 55102
(651) 266-8710
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To: City of Saint Pau1, Office of the City Attomey
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From: Cornelius Brown Jr., ll92 Edmund Avenue, St. Pau1, MN. ,5 �--
Re: ADMINTSTRATIVE LAW TUDGE HEARING, JANUARY 26"', 2000
I want to extend my support of punitive measures to be imposed on Arnellia's
on the Avenue, hereafter referred to as the "establishment". I agree That the
establishment's decision not to provide video surveillance tapes and their refi�sal
to cooperate with lativ enforcement is in violation of the conditions of their
liquor license. I believe these actions compromise public safety in the
neighborliood. However, the lack of African-American business in this largely
black neighborhood is aiso a concern. To my knowledge, this establishment is
one of two black-owned businesses authorized to retail alcoholic beverages. To
lose a profitable business in otu neighborhood is also a concern. The
establishment certainiy employs residents from this neighborhood whose
Iiveiihood is connected to the continued operation of the business. For me, it is
not just a matter of public safety, which is number one, but aiso a matter of
economic concern. For this reason I would suggest suspension in lieu of
revocation of the estabtishment's license to operate. Thank you for consideration
of our corresgondence.
Cornelius Brown Jr.,
Resident of St. Paul Midway Neighborhood
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Ramsey Action Programs, � ,�.
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4�0 Notth Sc�ndicate �;:eec, Sainc Paul, Vlinne ��lpa L
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AREA ".�," AD�'ISORY COL�CIL MEETT�iG �_. �. -';;,,:i �� �
� : _; ..: .::, o.,
December 6�', 1999 — 7:00 p.m,
�?'� ?�` Ficor Cunference xoom
l�oiiB£RS PRESEh'T
Sheila Jones
Comelilis E. Brown Jr.
Pauline Mims
Reverend Liada Stampley
Lillie Hollinasworth
Patricia Martin
WiIliam B. Davis
:12E'�IB£RS ABSENT
WaIlace Tavlor
Arif MoBammed
Donna McI}uffie
R4P STAF'�'
Paul H_ Freacf� �Iei�Itborfiood Associate
GLrEST PRESENT
Dr. James T. Shelton
.............................i....,�::hnig Minutes.........,......,.,,,.............�
Call to Order/Roll Call, 7:30 p.zn. — Comelius E. Brown 7r., Chaiiperson
A quonim wzs present. Absence of two members was not considered or contested.
MOTION BY LNi DA STA.�LEy A1VD SECONDBD SHEI[,A 70NES: T'O APPROVE T'gE
CURRENT AGEti'DA, MOTTON CARRIED.
MOTION BY LLNDA STAMPLEY AND SECONDED BY LILLIE HOLLINGS WORTH: TO
�PRfl� T� ��EETING D�i'T7TE5 OF NOVEII�IBE12 16, 1999, MEETIiYG. MOTTO�i
C_�,.IZRI�D.
REPOIZTS
Chaisperson, Cornelius Brrnvn Jr. —�, Brown began his report by reco�nlTng an effor� on the
part of the City of Saint Paul to discipline the biack ow�ed nightclub, Arenllia'on the Avenue, 1183
tinivE����Y Avz�ne, SE_ Paul. The effort is based on the owner's refusal to furni;h� visie�
surveillance tapes to aid in a police investigation regarding two shooting incidents, in which one
resulted in a homicide. It was the consensus of the �oup that although public safery is the number
one concern, it is also important that the limited nnmber of black owned businesses in the Summit-
Univzrity,'Fro�tow neighborhoods be maintained if possible. It was a�so the consensus of the
group tfiat they should drafr a letter to the St. Paul City Council indicating their position on the
matter. They do not favor revocation of the license at this time. By and large, the TAAC wants to
convey their dissatisfaction with the management of Arnellias' and their belief th2t ownership
sl:ou!d be di,oiplir.ed. At the same time, they are also concerned about tiie limite� number of liquor
licenses available in St. Paui and their astronomical costs that almost make it impossible for
African-Americans to secure. From the goup's vantaQepoint, Acnellias' is the only African-
Janu� American owne�i.li�uor�ab ishment in the citv Tfie administrative hearin� will be held on
� a,n�.,, rn.�..,.__r___ . . --r----_�
"V:obilizing Communiry Resourc� co Reduce Poverry in Ramsey and Wasningcon Count:es."
An Affirmacive AecionJEqual Opporcunity Employer.
��C`i'�i��
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�: {';ri�-7� ni, �%�ti
�e.�:ri::\
�lembers d,•scusse3 the option o� cLanan� tha meeting time from 7:OOp.m. �-9��pii�:"to�o:00p.n. To
8:p.rn. in order io adjou,-n earlier in winter months: MOTIp�; 3y j,L�?�� 5�;���ri.Ei' :�.�tD
SEL.O�?��?� BY' Lu.;_,�t iiOLLL�+GSWQRTH: TO CH�tiGE THE T�AC A 1SEETLtiG
TLRiE TO 6:dflP �S. — 8:OOP �L 1IflTIOV CAI2RIED.
�1PBOARD/P&E, LiilieHollingnvorth —IyTs. Hollingsworth reported tl�at tbeP&E and
Operations committees wiIl be�in io meet at the same time as directed br Pau1 Gasian, RAP
Board President.
Steff Repfln, Pau1 H. Fret:ch — tiIr French reporte OQ IllS L7Cill1Iy into the Summtmi;
Collaborative fundin� issue. He reported that the money is still tar�eted to the S-U area but changes
have been made in atiministration of the funding. He reporteci that the Departmen# of Children
Families and Leamintr indicated the S-U collaborative was not funded and did not offer any reason
for the denial. They went on to say that the funding was attached to an RFP. A new collaborative
based in the Summit-University area, A.frican-�nerican Mentor Group, was the successful
candidate. It is still unciear if the former recipients of the �ant money continue to receive funds.
Sunshine Fun� Lil[ie Hollingszvorth — i�eported remaining balance as $�.50.
L'nfinished Business: No*. app!:cab:e.
New Business: There was some discussion on the proposed "I'own Meetins" to be scheduled in
March. Time etapsed and members decided to place the subject on the neat aQenda and discuss it at
that time.
Announcemenls — Mr. French also inviYed members to attend the Community Circte Dialowe on
Race, Poverty and Education, Friday, becember 17`�, 1999, aT The Minneapolis Hilton and Towers.
He indicated scholarships were available to him tha± would defray costs for re�stration. Five
members indicated they wanted to attend.
1tieYtmeeiing—January 1Q, 2000, 6:OOp.m., Ramsey ActionPro�ams, Inc., 450 Syndicate Street,
2 Floor Conference Room.
Adjournment — 9:OQ p.m.
APPROVED BY CHAII2PFRSO�i CORNELNS BROW'_V JR
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S�I �RK V�IIGHT, Attornev at Law'
Snite 700, Six �'est Fiffh Strect
Saint Paul, Minnesota ��102-1412
Telephone (6�1) Z47-64Q0
Racsimiie (651) 224-832&
E-mail * n a �kvau�h`�worldnct.a�.net
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CpNFTDEtiT1.4i. FACSIMILE COMMUNICATION
�r
Date: March 6, 2000
�lease deliver the folJowing a pages, includin; this cover s�eet to tl�e foAowing
uamed individual:
Name:
Phyttis A. Reha
Company or Firm:
Teiephane Number:
�acsimile Number:
FROM: Marl� Vaught
(651)29
Adminiatrative Law Judge
612�34i-7600
b12-3�9-2665
Comments or Ins2ructions: 3ust a courtesy fax ko let you know 1 plan� no
snbmissxons in the iVTetro Bar & Grill inatter.
If you havc any problems reeeiving these pages, plcase contact {6�1) 297-6400 and
ask for thc fax operator.
v �.:: - ��'�� "i{. J��.','U .."'++ .. ....`.J ."AX i`�C� CiCCC4t1�C.�', N�'
� V:
S.1�1�RK �ALrGHT, AftQrney at I-aw
Suite ; 04, Six �Vest Fifth SYreet
Saint Paul, ylinnesota 5�102-1412
Telephone (6�1.) 297-6400
Facsimiie {6S1) 224-8328
E-mail �a'kvau8h*,�awo*ldnet.att.ne�
CONRTDENTIAL FACSIMILE COMMU�TICATTON
cnmmu�z ieation is strictiv Drohrbiied X1' vou have rece tkis comm unication iv�
error please immediatetv noti{y the above Dartv bv telephone arrd return ihe nr:nenal
messa2e to tke address tisted above Thank vou for vaur co�eratcan.
Date: March 2, 200�
Pleasc deliver the following 4 pages, iz�cluding this cover sheet Yo the folTowing
nazned indzvidual:
Name:
Company or Firm:
Telepbone Nuraber:
Facsimile Nnmber:
T'+220M: Mark Yaughf
(651) 297-b400
Comments or Tnstructions:
Phyllis A. itchn
administrative Law Judge
612-341-'76fl0
6I2-349-2665
if yon kave any problams rcceivino these pages, please contact (fi51) 297-6404 and
t�sk for tkte fax opexator.
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Satac?a�i, Min^.esoca SSi02-l?i? -
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�'u��'Cr 1, �Dd�
Phyllis A. �eha, Admiristrative Law ,tudge
Office of Adminzstrative Hearings
100 WasY�ington Square, Suite 1700
100 Washington Aver.ue South
Minneapolis, Minnesota �540I-2138
R�: All licenses lxeld by Metro �ar & GriIl, Zne., d(b1a Arnellia's for the premises
located at 1183 linivcrsity Avenue, Saint Paul, Minnesota 55104; License 1�
R54�?� .
Bear Judge Reha:
This letter is intended to summari�c and preseni Rcspondent's view of the
evidence evinced at the hearing held on January 26, 20�Q before yourself in �he above-
erititicd m�tter.
'The failure to have one af Pour surveillance
cameras opetatin� was not willful.
�rom the evidende, Respondent concedes that one of four sur�reiliance cameras
was not in operating condition at the time of the twv incidcnts on Seotemner 23 and
October 7, 1999.
However, respondent submixs that the evidence sk�ows li'�e faiI'are rh�as not willful.
L'pon discove:�ng tLai the camara was uat fi,mc:ionin�, Iiesp�ndcnt took pzoper and
timely steps to assuze tr.at a replacement car�erl was ordered and saw that it was installed
in a timely manner a£ter t'r.e zeplacement azrived.
T.o be certain, theze was a tim� lag between the dxscovery of the n�n-funCtioninb
camera and its repiacement. lindar the c�rcumstanc�s, as presented in this case, that time
lag was not urseasonabJe and tY!c orderieg , pt:rchase and insta?!ation of the reolacement
cameza� was done in the nors:zl course of business. The City presented no evidence tZiat
the Respondent was in any way negligent in the mann�r in whictx it went about replacing
the camera.
, . Ui
.`E.�,-�s-�., r:�? �9�3: :.�.:, �=":��� �P.X NC. 5i2%%^.8�28 ^ n?
;,
It wok�c'ne unreESOnabie .o rezd �`:e licens�cor.d',tion rea�i,ing Ehz cameras �o
LTIdIIG�2iC 1rilltt¢f�tBYc �c'Piu'.Ce_^_:C'.^.I O: ?�IC ROP_-�. C8.^,?ET�� iZt2S�)ELi:Ve O't Lti!2 S2CI
ilidC irle Slip�.?�IB-" 1S IOCGieC� I;1 CwIfOI�i.?8 2:.d IIO:OC21 VBIIdO* COl:'IC 'J� �'0:2^G� ;�72t'{CDt L^_C
cz,�.era ;n stock. i. woLld :i;ewisc oe �nreasonable tp :caa the cor_3 :;on zs :eq;:ir-g ;'r:e
kCS�70IlQ to ra;.° :or a:: K ee� iz� :is s�ock one or more reptac �RlC:^.: C2.LSS:.I2 2�d:. iIl�
posszbilitv o* faiI�:re.
i.arry A:Ien testiied `,hat 11e apnarently and inadverlantly sct ti�c camera .`tmction
on play raiher �.han record on che nigk�t of thc October 7, 1999 i„,cidenf and thaz he
changed it when he disco�-ered it immediately afer 2h2 in�ident when ne went t� the
recordzng device to be certai.� it was recording.
Mr. A11en's testiinony as to his appazent failure to properIy activate the cecord
fiu�ction is consistent ��Zth the tap� reco:ding in evzdence as was concedcd by S� .
Kempe, thc City's witness who analyzed the tape.
The failure to have oAe caruera in qperatin�
order did not contribute to or cause the
undexlvSnd incidents nor did the Resnondent
or anv �+f its emolovees i�aYticipate in or coatribute
� to cither of The twv incidentv.
F*or!m the evidence, it is e�t�emety doubtful that the non-functioning camera, had
it bcen in workia� order, wouici have capt�red either of the two incidcnts. 'I his is clearly
true of the fatai +nciden: Octobet 7, 1999. �he vantage of the brokca camcra simply did
not encompass the azea of tEie incident. Wztla respect to the September 23, 1999 incident
it is doub±fu[ based on the evidcnce, that a�nctionin; camera from the vantage poirC
dcscrfeed in tY:e testimozly woutd have offered much assistance in the iavestigation.
While arguabiy a properly functionina rec�rding system at th.e ticne o� October 7,
] 999 incident might have offered some view of tbe zmmediate area of tha incident, :hat is
not cleaz form the evidcnce and there is no evzdence in the record that the dewice was
deliberately di5abled or shut off to ptevent recording of the incident. Mr- A11en's failurc
to proper?y activate the record function is a mistake that any individual cauld have and
most have r„ade with�home vidco cassctte recordets.
. There is ne causzl iir1: between the bTOken carmera and Mr. .�:len's 'record/piay
misiake and t't'�e crimes commstted in either incident. Despite Mr, Kessler's inceqdiazy
rhetoric, neill2e: the Respor�dent nor any of its employees nor anyone else under its
cor.uol was dizeotly involved it or culpabla Pos the actions in either of the :ncidents. The
City offered zzo evidence 10 the contrary--other than IVlr. ICcssler's misplaced a��d
uasuppvried value jud�m�nt---�icl cune:ccled iii ihe testiction}� of tlie poliee oficee.s �,at it
had no evidence of ir_volvement ny the Respondent or any of its employees or agents in
eiciier of tha incidents.
�
:'.SK-u3-uO rKi �9�3i �AW �tr.;,'�w �'AX NC, o':L22�u?L9 .,C�
r�Y WOiSi u E hLQKC.^. C2TTle_2 2.^.0 i.�:C 7000Tdi'�I2V ITll$`id.�8 reant :n.a: `ne �'6A.Ce
invast:�ar.on wa<_ �ot assisted. �t'�e broic�n ca.riera ane recor�.�p�ay ri:s'�ake cid :ot cz::sc
either inc:d�n., nor dic t��cy :^pede ;ne poiice investigatien o` °i;he_ i:,cider.t. Trere
we:e a subst�,tiz� n:�.:�zz o: e;jervitnesses io each of t"e iacident �vno viewed tne
activ�ties from a be�er vantage thac� the surveiiianee casneras. Voiar.t ineidzr.ts are
always �oublesome an d a deatn as a zesult oT violence is L*za;c_ But sucl�: a t ragedy ar.d
li'�e zact'the Ceath ram2ins unsoived, apparenTly, does not serve as evid�nce of causauor.
on the pa*f oi L�;e Respondent.
T�Ze recomztzended penaltv is too severe.
� Gi�en the conlext oT fhe two incidents and the clea: evidence ;n the record that the
Respondent did not play any role ir, eausin� either incident, the recon�snended penaliy is
far too severe, it,.indeed a penalty is appropriate at all.
Mr. Iiessler ,estified ihat ihe recommended penally is unprecedentcd. rurthe;, hc
o££ezed as }ustification oniy ,�e fact that a"nnuder" was involved. His irnplication ftzat
the Respondent's action or iailuze� to act "caused" one or both of the incidents, most
oarltcularly ttze deati, are not }ustificd by one scintilla of evidence and border on thc
irresnonsible, •
The actions of the Respondent with respect to replacin� the broken camera were
commercially teasor.abte anc� do not merit a penaity of any sort. Whiie Respondent does
not concede that any penalty is appropriate or even that a violation took place, it ol�ers
foc your consideration that if a ge��alty is appropriate, that penaity should be substantially
less than that recommended by Mz. Kesslcr.
The Respondcnt took aonronriate cnrative
action aftec the incidents.
The one area where Respondent col�ccdes a need Sor greater attention is in the
axea of record/piay error. The actions of Mr. Ailen may we11 represent a training failure. '
That is why the R2spondent took the curative actiuc? outlined in �mellia Aiten's Ictter
which was introduced in evidence. ,And the Respondent offers that c�:rative action, which
it undertook voluntariiy a:id witiiout prompting by the City, in mitigution of whatever
faiiure is represcnted by Mr: Alien's recoxd/play mistake.
V aly �q�
_ � , �
S. ark Vaugh
attomey for Respon�izi.Y
ec Virgir.ia Yaime:, �sq.
ID1AR. -OS' OOtFRf) 08�23 OFFICE OF .1DMIti. HEARIKG
TEL:6123492665
P. 001
TR?.VSaGTtON REPORT
RecePtion
Transaction(s) compieted
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DURATION PGS. RESULT YIODE
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OFFICE OF TF� CITY ATTORNEY
Clayton M. Robiresan, Jr., Ciry Attorn¢y
C�� �F' il�l� pA�, 4 r(, ��,� �� CivilDivision
Norne Cateman, :Ltayor n^ � C7 `7 A�! ��'-, S Z 300 City Hall � 7elephone: 65T ?66-87Z0
_.: a �,� nC� v I�7.yestKel7aggBlvd Facsimile:6i1?98-5619
Saint Paul, :Krnnesota i57D2
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February 18, 2000
The Honorable Phyllis A. Reha
Adaunistrative Law 7udge
Office of Administrative Hearings
100 Waskrington Square, Suite 1700
Mi;uieapolis, MN 55401-2138
RE: In re the licenses held by Metro Bar & Grill, Inc., d/b/a Arnellia's
Dear Judge Reha:
Enclosed is the Final Argument on behaif of the Office of License, Inspections and
Environmental ProtecUOn in the above-referenced matter. A copy of the same has been served
bp mail upon Nir. Vaught, attorney for the licensee.
Sincereiy,
��r `t,C= ��ce-1'.-,^-¢�.
U
Virginia D. Palmer
Assistant City Attomey
cc: S. Mark Vaught
OFFICE OF ADMINISTRATIVE HEARINGS q` C� �,� � U
FOR THE COUNCIL, OF Tf�
CITY OF SAINT PAUL �� �=� 2? ��; ^: 52
,._ ;r�':�
riC��'=`±�C
Yvl. �
In re the licenses held by Metro Bar & Grill, CITY'S FINAL ARGiJMENT
Inc., d!b!a Amellia's
STATEMENT OF FACTS
The Office of License, Inspections and Environmental Protection initiated adverse action
against the licenses held by Metro Bar & Grill, Inc., dlb/a Arnellia's, for violating conditions
placed on the license. Saint Paul Legislative Code §310.06(b)(5) permits adverse action to be
taken against licenses where the licensee "has failed to comply with any condition set forth in the
license, or set forth in the resolution granting or renewing the license." There have been license
conditions on the licenses held by Metro Bar & Grill for several years, and the most recent
revision of those condirions was done aRer meeting with the license holder and a number of other
interested persons, including LIEP staff and St. Paul police officers. Effective Juiy 8, 1999, two
condirions relating to security cameras were placed on the license. Condition # 11 states:
°Licensee [sic] holder wi:l maintain in good working order at least 4 video surveillance cameras
on the exterior of the buiiding to constantly monitor the ea�terior of the premises. Tapes must be
maintained for ? days." Robert Kessler, D'uector of LIEP, testified that the conditions regazding
the surveillance cameras were put in place as a result of a fatal shooting which took place outside
of Arnellia's. 7ackie Hicks, a manager of Arnellia's, aclrnowledged that the licensee had agreed
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to the conditions and was awaze of them.
On September 23, 1999, a shooting took place outside of Arneliia's. Saint Paul Police
Qfficer 7obnson was sent to the baz to recover the tape from the outside video surveillance
caxneras, but was advised by the owner, Arnellia Allen, that there was no surveillance camera
behind the build'mg. The officer advised her that tapes from the other cameras might be helpful
in identifying the suspects. After Ms. Allen contacted her son, Larry Allen, by phone, she
informed the officer that the cameras were not operating the previous evening. Sgt. Richard
Munoz also went to Arnellia's to attempt to obtain a video tape of the incident. Ms. A11en stated
that she did not have a tape to give him because the camera in the rear of the building was
broken, the other cameras were not operating and there was no tape in the recorder.
A Notice of Violation dated September 30, 1999, was sent to Amellia Allen alleging that
the failure to have the video cameras on and taping on September 23, 1999 was a violation of
condition # i l of the license� The Notice was served by mail on October l, 1999 on Ms. Ailen,
at the licensed establishxnent, and gave the licensee until Qctober 1 i, 1999 to respond on how
they would like to proceed. While that matter was still pending, on October $, 1999, there was a
suspected homicide which took place outside of Arnellia's, beginning in the parking lot and
ending up on University Avenue. Qnce again, police went to Arnellia's to obtain videos frorn the
surveillance cameras. The video tape which was obtained was reviewed by several Saint Paul
Police officers, among them Sgt. Mark Kempe. Sgt. Kempe testified that the video tape which
he reviewed was obtained from the bar by O�cer Arnold, who then took it to the police station
and gave it to Sgt. Younghans. Sgt. Younghans and other officers reviewed the tape. The tape
was played at the hearing, and no claim has been made that the tape is not authentic nor has any
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ciaim been made that the tape was tampered with.
The tape is divided into four quartezs, with one square for each of the four outside
surveillance cameras. The upper left hand square is blank; testimony later established that tlus
camera was not operating for at least two months, and probably longer. The remaining three
squares show the front door azea (lower left screen), the back door azea (lower right screen) and
the east pazking lot (upper right screen}. There are numbers which reflect a date and time, but
these aze not related to the actual date and time of the recording. It was Sgt. Kempe's opinion
that the tape was not operating at the time of the incident in the pazking lot on November 8,
1999, but that the tape had been turned on after the police had been called. He based this opinion
upon the review of the tape, which showed a sudden jump in the dates of the tape counter, from
10-30-89 at 8:50 to I i-7-89 at 12:11:42; the abrupt change in the items being viewed (a view of
the front door with no one outside and a jump to a lazge crowd of people); and the fact that the
squad cars can be seen arriving. His conclusion was that the tape had not been
constantly operating, but had been turned on after the fact.
The wimesses presented by the licensee did not dispute that there was no tape from the
incident on September Z�, 1999. In fact, Larry Allen acknowledged that he forget to use the
surveillance cameras, despite being told of the conditions on the license. He also admitted that
the tapes were not operating on October 8, 1999 until after the incident occurred, and the police
had been called. His expianation was that he had hit the play, but not the record button on the
tape machine. It also was appazent from the testimony of both Larry and Jerry Allen that one of
the video surveillance cameras (the upper left quarter of the tape) was not operational for a period
of over two months. The witnesses for the licensee seemed to be arguing that the recommended
-3-
penalty of b0 days was too severe because the violation of the condition on the license did not
cause the shooting on September 23, 1999 or the death on October 8, 1999.
AAGiIi�1ENT
The City's burden of proof in this hearing is a preponderance of the evidence; if it is more
likely than not that the licensee violated the conditions of the license, then the City has met its
burden. In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. 1988). The license condition in
question in this matter is Condition #k 11, which states:
"1 l. The Licensee [sic] holder will nlaintain in good working order at Ieast 4
video surveiliance cameras on the exterior of the building to constantly monitar
the ea�terior of the premises. Tapes must be maintained far 7 days."
Implieit in the wording of this condition is that the video cameras are to be operating, and taping,
at all times that the baz is open. One of the reasons for placing the condition on the license was
to assist police by providing them with possible means of identifying suspects in the assaults,
shootings and other problems being caused by bar patrons after leaving the baz. Cleazly, the
licensee violated the condition on Septembez 23, 1999, when no tape was in the video and it �vas
not being operated, and again on October 7, 1999, when taping did not start until after the
incident occurred.
The Director of LIEP, Robert Kessler, testified that he recommended a suspension of 60
days for the licenses hetd by Metro Bar & Crri11, Inc. He acknowiedged that it was a severe
penalty, although he also noted that his initial inclination was to recommend revocation of the
licenses. He noted that the condition on the license was the result of a meeting with the owner
and management of Arnellia's, as weil as Saint Paul police officers, and that the
recommendation for video surveillance cameras was something the police felt would assist them
�
in mvestigating and solving crimes occurring at or around the bar. The meeting and the
additional conditions on the license were motivated by a murder which occurred outside the baz,
on University Avenue. The conditions were effective July $, 1999. Within a matter of months,
there was another shooting outside of Arnellia's, and only two weeks later, a person was killed in
an incident which was investigated as a possible homicide and which began in the baz's parking
lot. Officers tesfified that in both the September 23 and the October 7, 1999 incidents, that the
people involved had been inside the baz as patrons eazlier in the evening. It was apparent from
the testimony of Jackie Hicks that she felt the condition was unnecessary and that the bar feels no
responsibility for the behavior of patrons once they are outside the building. However, the bar
had the opportunity to oppose the conditions being placed on the license, as imposition of
conditions is an adverse action, pursuant to Saint Paul Legislative Code §310.05(a). The licensee
chose not to contest the imposition of conditions, and cannot now azgue that the conditions aze
unreasonable.
Ms. Hicks acknowledged that there has been a prior adverse action against the licenses
held by Metro Bar & Grili, Inc., based upon the number of shootings which have occuned
outside and azound the establishment. Rather than demonstrating concern for the problems
generated by patrons of the establishment, the ficensee seems to azgue that because the violation
of the conditions did not directly cause the incidents, they should not be punished. In fact, the
continuing neglect of the conditions regarding the surveillance cameras is both a serious
violafion, and contributes to the ongoing problems outside the baz. As long as the establishment
ignores the condition to have cameras monitoring both inside and outside the premises, the police
are denied access to valuable evidence to solve felony-level and other crimes occun•iug just
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outside the doors of the baz. In both the September 23 and October 7, 1999 inciderns, the
participants were patrons of the baz; although they did not commit the crunes inside the building,
they were present outside the building because they had been at the baz. The licettsee obviously
benefits from the custom of its patrons by charging them foz food and alcohol. This is conduct
permitted by the licenses it holds. It would be unfair to say that the establishment can benefit
from the licenses it holds but escape ail xesponsibility for the obligations imposed on the licenses
by the Office of LIEP.
The sanction recommended by the Office of LIEP is warranted by the inaction of the
license holder in implementing the conditions agreed to. The conditions were to be effective on
July 4, 1999. It was appazent from the testimony of all of the wimesses for the licensee that no
training had been done with employees to advise them of the importance of the conditions or
how to unplement them. Thus, on September 23, 1999, the cameras were not even operating.
Despite receiving a NoUce of Violation advising them of the failure to abide by the conditions, it
was only two weeks later that Lany Allen either failed to turn the recorder on or failed to turn it
to record until after another instance of violent behauior required a call to the police. Only then
did the cameras actually begin to record.
Further evidence that the attitude of the licensee towards the condition was lackadaisical
at best was the testimony regazding the fourth surveillance camera, which was determined to be
malfunctioning in August of 1999, and which was still inoperative at the time of the October 7,
1999 incident, two months later. The testimony made it cleaz that there was no sense of urgency
about getting the camera replaced once the baz finally realized that it was not functioning. There
was no clear responsibility for taking chazge of the repair or reinstallation, and Larry Allen, the
�
manager, appazently relied upon his mother's statement that Earl Allen had been contacted to
come install the camera without checking to see that it was done or to have it done in a timely
fashion. When asked if anyone ever reviewed the tapes, Lazry Allen stated that he did not, and
Jackie Hicks believed that it wasn't incumbent upon the bar to do so. This lack of responsibility
for checking the tapes meant that they couldn't be sure the cameras were in working order, and
fiirther demonstrates the fact that they did not take the condition on the license seriously.
The Office of LIEP made every effort to work with the licensee to deal with concerns
about the violent incidents taking place outside Amellia's by meefing with them to develop
conditions that would deal with the problem. Both the testimony of Jackie Hicks, and the actions
and inactions of Lany and Jerry Allen make it ciear that the empioyees of the licensee do not
take the condition seriously and do not feel it is necessary. No training was ever done on how to
implement the condition, it appears that when the cameras are turned on and off was lazgely a
matter of personal decision by the ind'avidual employee, and no effort is made to see that the
cameras aze functioning properly by reviewing the tapes. The mere fact that on the two
occasions that the police looked for tapes to assist them in investigating crimes the tapes weren't
available because the recorder had not been used or had been improperly used, warrants a severe
penalty, but added to that, the recommended penalty of a sixty-day suspension is warranted
because the testunony shows that this was not a one-tune lapse on the part of the licensee, but
part of a general disregard for the condition. Additionally, this is a second adverse action against
the licenses held by Metro Bar & Grill, Inc.
CONCLUSION
The City has met its burden of showing that the licensee violated Condition #11 on the
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.
license on both September 23, 1999 and October 7, 1999, because the licensee failed to have a
tape in and the machine operating at all on September 23Td and failed to have the machine
continuously monitoring and recording on October'T"'. These violations occurred in short period
of rime, were part of a continuing pattem of indifference to the condition being nnposed on the
license, and were a resuit of her faiitue to convey the importance of the condition to her
employees oz train them in its unplementation. The argument that these violations are not
serious because they did not cause the incidents themselves simply underscores the fact that the
licensee does not consider the condition to be important, as does her manager's testimony that
the condition is unnecessary and was only imposed because the Director of LIEP doesn't like the
bar. The Q�ce of LIEP has worked with the establishment to deal with the problems caused by
same of the patrons of the bar, and the licensee's failure to abide by the conditions and take
responsibility for their part in the problems warrants a severe sanction.
Respectfully submitted tkus 18"' day of February, 2000.
'� � � �t-'"-�-�
Virginia D. almer (Atty Lic. # 128495)
Assistant City Attorney
400 City HalllCourthouse
15 W. Keliogg Boulevazd
Saint Paul, MN 55102
(b51)266-8710
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STATE OF MSNNESOTA )
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COUNTY OF RAMSEY )
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ss. ,,:.�r�YF1FIDAVIT OF SERVICE SY MAIL
�r�.-: �i':'�JJ
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on the 18th day oi February, 2000, she served the attached
CITY'S FINAL ARGUMENT on the following named attorney by placing a
true and correct copy thereof in an envelope addressed as follows:
Mr. S. Mark Vaught
Attorney at Law
Six West Fifth Street
Suite 7�0
St. Paul, MN. 55102
(which is the last known address of said attorney) by depositing
the same, with postage prepaid, in t ited States mails at St.
Paul, Minnesota. , n /f �
G.
Subscribed ancl sworn to before me
this 18th day of February, 2000.
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Notary Public
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February 28, 2000
STATE OF MINNESOTA
OFFTCE OF ADMINi5TRATIVE HEARINGS
700 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Virginia D. Palmer
Assistant City Attorney
Civil Division
400 City HaN
15 West Kelfogg Soufevard
St. Paui. MN 55102
S. Mark Vaught
Attomey at Law
6 West Fifth Street
Suite 700
St. Paui, MN 55102
RE: In the Matter of the Licenses heid by Metro Bar and Griii, Inc., dlb/a
Arneilia's; OAH Docket No. 9-2111-1264�-3
Dear Counsel:
This letter is in response to Ms. Paimer's request to extend the period for
repiy briefs from February 28, 2000 to March 6, 2000. Her request is granted.
{ have not as yet received Mr, VaughYs initial brief. Although he has not
requested an extension of the time to submif his initiai brief, in light of the above
extension i w+li extend the time period for his initial brief to March 1, 2000. !f
Respondent wishes to fi{e a repiy, it too mus# be filed by March 6, 2000.
Thank you for your cooperation.
Sincerely,
�,t� G� ��..�.,.-
PHYLLfS A. REHA
Administrafive Law Judge
Telep hone: 612/341-7602
PAR:mki
Providing impartial Hearings for Government and.Citizens
An Equal OppoRUnity Empfoyer
Administrative Law Section & Administrative Services (612) 341-760D � TDD No (612) 341-7346 � Fax No. (652) 3q9-2665
OFFICE OF THE CITY ATTORNEY
Clayton M. Robimon, Jr., City Afiorney
CITY OF SAINT PAUL
Norm Coleman, :4tayar
Civil Division
400 Ciry Hall
I S West KelZogg Blvd
Saint Pau1. Minnesota SSIO2
Pelephome: 651266-8710
Facsimile: 651298-� 619
Febniary 24, 2000
The Honorable Phyliis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN 55401-2138
RE: In re the licenses hetd by Metro Bar & Grill, Inc., d!b(a Arnellia's
Dear Judge Reha:
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I am writing to you regarding the briefing schedule in the above-referenced cased, which
you heazd on January 26, 2000. The City and the Licensee were to submit sianultaneous written
final argument by February 18, 2000, with reply briefs due by February 28, 2000.
I will be out of town tomorrow and Monday, and am requesting an ea�tension of the reply
brief deadline from February 28, 2000 to March 6, 2000. I spoke to Mr. Vaught, who had no
objection to my request for an extension of the reply brief deadline.
Thank you for your consideration in this matter. If you have any questions, I can be
reached at(651) 266-8719.
Sincerely
(/ � �,c,�(' w�-r�
�
Vixginia . Palmer
Assistant City Attorney
cc: S. Mazk Vaught
OFFICE OF THE CITY ATTORNEX
Claytnn M. Robinsorr, Jr., CityAttorney
CITY O�' SAINT PAUL �' :_ :; `�'i _ J
Norm Colera¢n, Mayor
�9 ��G 3�� �i� 9� 2�
December 15, 1999
Amellia Allen
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
r.. ',� "� i� ( i� i�ti c=
•' il ` inNli`�VJ
Civi[Division
400 Ciry Hatt - TeZephone: 63I ?66-87I0
ISYYUtKetloggBlvd Faalmile:651298-i679
SaiM Paul, Minxesota i5101
RE: A111icenses held by Meho Baz & Grill, Inc. dtbla Arnellia's
for the premises at ll 83 Universiry Ave. in St. Paul
License ID #: 54523
Dear Ms. Allen:
Our office recently sent out a NOTICE OF HEAFiING dated December I5, 1999, which
mistakenly identified "3anuary 26, 1999" as the date for your up-coming administrative hearing.
The date should more appropriately be "7anuary 26, 2000." I wish T could blame this on Y2K, but
it was only a typo on my part. T apologize if this caused any confusion.
If you have any questions, you can call me at 266-8710.
Very tru��ours
/`��%`�� �
Peter P. Pangborn J �'
Legal Assistant
cc: Mark Vaught, Suite 700, Six West Fifth St., St. Paul, MN 55102
Nancy Thomas, O�ce of Admuustrative Hearings, 100 Washington Squaze, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Organizer, Hamline Midway Coalition,l �fi4 Lafottd Ave., St. Paul,
MN 55104
OFFICE OF THE CITY ATTORNEy
CI¢yfon M. Rabinson, Jr., CityAttorney
CITY OF SAINT PAUL �' �_ ^ - f '� �'" ��,,,ro�v;�co„
_.,_:.�.
Norm Cnlemair, Mayor �� 11 r �� 40 y Ci ` ry Ha11 Te(epkone: 6i1266-8710
i.�'i UCC � 0 Nl i 6�-e•y�t Ke1la�g Blvd Facsimile: 6il 298-i679
Saint P¢ul, iYlinnesota 55702
e;..,r;:'`;, ,; \� i i i,�i i i'i �
11`l:1llft�t��
December 15, 1999
NOTICE OF HEARING
Arnellia Allen
Arnellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Bar & Grill, Inc. d/b!a Amellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Dear Ms. A11en:
Please take notice that a hearing will be heid at the following time, date and place concerning all
licenses for the premises stated above:
Date: Wednesday, January 25,1999
Time: 9:30 a.m.
Ptace: Room 41
Saint Paul City Aall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Adsninistrative Hearings:
Name: Phyllis A. I2eha
Offica of Administrative Hearings
-- 100 `Vashington Square, Suite 1700
;, Minneapolis, MN. 55401
Telephone: (612) 341-7602
The Councii of the City of Saint Paul has the authority to provide for hearings concerning licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.Q5
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicafing and non-
into�cicating liquor, authoriry is also conveyed by Minnesota Statutes section 340A.4i5. Adverse
action may include revocation, suspension, fines and other penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action aeainst all the licenses you
hold at the above premises as follows: �
On September23,1499 therewas a shooting outside ofArneilia's,
near the alley on the west side of the buiiding. Saint Paul police
officers zvent to the bar later that day to recover tapes from the
video surveillance cameras to assist the police in idenrifying the
suspects in the shooting. Officer Johnson was informed by the
owner that there was no camera near the area in question. When
asked if police could review the other camera tapes, the owner
stated that the cameras were not taping at the time of the
incident. There is a condition on the licenses that the License
holder must maintain "in good working order at least four video
surveillance cameras on the exterior of the building to constantly
monitor the exterior of the premises. Tapes must be maintained
for 7 days." Failure to have the video cameras on and taping on
September 23,1999 is a violation of the condition.
On October 7, 1999 there were shots fired outside of Arnellia's,
and an individual was run down in the parking lot and killed.
Saint Paul police o�cers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. SeveralmembersofthehomicideUnitwatchedthetape
provided, and it was apparent that a large portion of tfie events
from October 7, 1999 are not on the tape. It appears that the
security cameras were not activated until after the incident in
which the person was killed, as the first thing from the date in
quesfion is the arrival of the squads called to in� estigate.
AdditionaRy, the times and dates on the tapes make no sense, and
the items being viewed in 2he speci£ic surveillance areas covered
by the various cameras shift abruptly. There is a condirion on the
licenses that the License holder must maintain "in good working
order at least four video surveillance cameras on the exterior of
the building to constantly monitor the esterior of the premises.
Tapes must be maintained for 7 days." Failure to have the video
cameras on and taping at all times on October 7, 1999 is a
violation of the condition.
�.;,
Notice of Hearing - Page 2
You have the right to be represented by an attorney before and during the hearing, or you can
represent yourself. You may also have a pezson of your choice represent you, to the extent not
prohibited as unauthorized practice of law. •
The hearing will be conducted iu accordance with the requirements of Minnesota Statutes sections
14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Pau1 LeQislative
Code as may be applicable. y
At the hearing, the Administrative Law Judge will have all parties identify themsel'ves for the record.
The City will then present its witnesses and evidence, each of whom the licensee or attomey may
cross-examine. The licensee may then offer in rebuttal any wimesses or evidence it mav �vish to
present, each of whom the City's attorney may cross-examine. The Administrative Law Iudge may
in addition hear relevant and material testimony from persons not presented as witnesses hy either
party who have a substantial interest in the outcome of the proceeding; for exampie, the o�vners 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 3udge wi11 prepare Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
You should bring to the hearing all documents, records and witnesses }�ou will or may need to
support your position. Subpoenas may be available to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Rules, part 1400.7000.
If you think that tius matter can be resolved or settled without a formal hearing, please contact ar
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 incorporariQn into his
or her recommendation for Council action.
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as true. 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.
If you have any questions, you can ca11 me at 2b6-871Q.
Very tnxiy yours,
�� \ n
= 'tic �J �,�-t'�
Virginia l�: Palmer
Assistant City Attorney
cc: Mark Vaught, Suite 700, Six West Fifth St., St. Paul, NRV 55102
Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 170Q,
Mpls, MN 55401
Notice of Aearing - Page 3
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP �
Cathy Lue, Community Organizer, Hamline Midway Coalition,1564 Lafond Ave., St. Paul,
NN 55104 '
Notice of Hearing - Page 4
� 4
�
OFFICE OF ADMINISTRATIVE HEARINGS
ROR THE COUITCIL O�
THE CTTY OF SAII`�T PAUL
In Re The Licenses Held By Metro Baz & Gril1, Inc.
d/bfa Arnellia's
C"i ( Z��
CITY'S PROPOSED
EXHIBITS
7anuary 26, 200Q
T0: Judge Phyllis A. Reha, Administrative Law Judge, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list of the Ciry's proposed e�ibits for the Administrative
Hearing on January 26, 2000.
Exhibit No.
E�. No. 1
E�. No. 2
Exh. Na!�3�
.�
1" ' E�. NoC
�1
�� � E�. No. 5
E�, No�
>
� , �E�. No. 7�
y�� E�. No. 8
JYuf '''
��
Description
License Information Report, dated September 30, 1999 (4 pp.);
License conditions for Metro Bar & Grill, Inc. rUb1a Arnellia's (1 p.);
Police Report CN99-157945, prepared by Officer Gerald E. Johnson, dated
Septembet 23, 1999 (2 pp.);
Police Report CN99-15794�, prepazed by Sgt. Richard J. Munoz, dated
September 23, 1999 (S pp.);
Norice of Violation, dated Septemher 30, 1999, with Affidavit of Service
� PP�);
Police Report CN99-167633, prepared by Sgt. Mazk C. Kempe, dated
November 8, 1999 (2 pp.);
Video tape recovered from the licensed establishment on October 7, 1999;
Letter from Ms. Arnellia Allen, dated October 29, 1949 (2 pp.);
A +(
'E�i. No. 9
E�. No. 10
�� i
Notice of Second �Jiolation, dated November 10, 1999, with �davit of
Service (3 pp.); ,
Notice of Hearing, dated December 1�, 1999, with �davit of Service
t� PP-)�
Also attached please find courtesy copies of applicable St. Pau1 City ordinances:
St. Pau1 Legislative Code § 310.05
St. Pau1 Legislarive Code § 310.06
St. Paul Legislative Code § 310.17
Respectfully submitted this 26th day of January, 2000.
�.
�
Virginia D mer
Assistant Ciry Attomey
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
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License Group Conditions Text
Licensee: METRO BAR & GRILL INC
�BA. ARNELIIA'S
License #: p054523
09/29H 999
EFFECTIVE 07/08/99:
1. Dress Code: Amellia's agrees to continue to enforce a dress code for customers designed specifically to prevent paVOns or customers from concealing
weapons or contra6and i�side baggy clothing or weari�g ga�g affiliated cqlors.
2. Adherence to Strict Identification Requirements: Amellia's will require proper picture identification from anyone who appears to be younger than 30
years old. Those without proper identification shall be denied entrance.
3. Inaease Communication with Police and Neighbors: Amellia's shall initiate and main7ain regufar communication with the west sector team police
commander or his designee, and licensing offipals. Christine Rozek and Kris6na Schweinler. Meetings shall include neighborhood organizations to the
extent possible.
4. Controi Music 7ype and Format Amellia's shall conBnue to be responsible for screening out music that promotes or glorifies violence and nefarious or
arti-social behavior.
5. Amellia's management and security personnel will i�sure that patrons do not leave enmasse, but rather, management and secuirty will encourage
patrons to leave in an orderly and conV011ed manner behveen 12:30 a.m. and 1:'15 a.m.
6. The pubiic telephones shalt not allow incoming cafis, nor any caiis to or from electronic beepers or pagers.
7. Amettia's shall mainUan a fist of atl patrons who have been banned from the esta6lishment, and this list s0a11 be stnct4y enforced by Arnellia's. Such list
shall include proper identification of that person, photograph and a notice of trespass. This nofice should be in triplicate with one copy going to each of the
following: �) Maintained by the esfabiishment; 2) LIEP; 3) the indfvidual being banned. Once banned, a person will remain banned for a minimum of one
year. Amellia's will cooperate unth police in filling out trespass notice{s).
8. Arneltia's shalf conGnue to provide security personnel to promote the orderiy behavior of patrons on and leaving the premises. The premises shall
i�GUde the area immediately adjacent to the establishmeat. Speciaf attenfion wilf be paid to en�uragi�g patrons to leave the area.
9. All employees and security personnel information shall be provided to LIEP for background checks.
10. Amellia's will employ the use of a metal detecting devices to ensure there are no weapons on the premises.
� L Licensee holder vrill maintain in good working order at leasi 4 video surveillance cameras on the exterior of Yne building to constantry monitor the
exterior of the premises. Tapes must be maintained for 7 days.
12. A video surveillance camera shall be maintained in good working order in the interior of the esiablishment to monitor customers as they enter the
establishment. Tapes must be maintained for 7 days.
13. Signage shaff be posted on the exterior of the building to rwtify patrons that the area may be under video surveiNance.
14. Security personnel will be on duty daily finm 8:00 p.m. until closing.
15. Back door wiil remain locked after 5:30 p.m. to prevent entry.
16. The ficensee wilt lock�the door of the establishment at �2:30 a.m. No additional patrons witt be allowed entry after that 6me.
17. Conditions reviewed at renewal.
� �
, Grill, Inc. dibla Arnellia's _
City's Eah. # 2
r �
Saint Paui Police Department �a9e �
� SUPPLEMENTAL OFFENSE / I.NGIDENT REPORT
Complamt Number Reference C,N. Pamary oXertse Date and Tme ot RepoR
99-157945 AGG RAVAT ED A SSAULT 09I2311999 14:52
Pnmary Repomng Offitec �ERALD E.lOHNSON Cocaaon ofinddentr
Primar� oSense deta�7:
Pnmary squad: � 90
Secondar� repoting ofhcer.
Dismct: WESTERN ( WEST.DIST/N.QFC )
SeconCary offense:
Name otlocaHon/6usiness:
Date S 6ma of occurence;
Afrest made?
Date 8 Sme of amest:
POUCE PEftSONNEL 1NVOLYED
Arrestmadeonview: NQ Parsuitertgaged: rJQ
Rrrest made on wanant or pravioos CN: (�JQ
Weapons used by police: (�}Q
Weaports used dy suspect at time of anesf: NO
Resrsia�ce encou�tered: NO
CHARGES
NONE
NAMES
OWNER ARNELIA ALLEN
1183 UNIVERSITY AV W STPAUL MN 55104
PhysicalDescripUon Phanes �
��
sex FEMALE Hergbt Ha�rcolor Home phone 651-642-5975 �`�
Race B�,qCK
Nispanic
D08
Age
Weight Ha'v Type -�
�
Budd Hai�Length � t
�
SWn Facia! Harr �l
�v
�
��
Physical Condkion Employment `� l
Consciousness CONSCIOUS Occupa6on OWNER
Drugla/coho/ use
FmWoyer SEIF
CRlME SCENE DESCRIPTORS
Crime Scene
ryPe
Descnpfion
Method & Point of Entry
Farce used NOT FORCED
Point al entry
Method
'ROPERTY
�
ONE � --"",. � �
� �--- - ,
( � /, Griil, Inc. d/b/a Arnellia's _
�
`�=1S.� f`` C C (� �7� City's Exh. # 3
,� .. Saint Paul Poiice Department °age 2
SUPPLEMENTAL OFFENSE / INCIDENT REPORT
Comp'aint Number Reference CN. Pnmary oBense ,
99-157945 AGGRAVATED ASSAULT
Date and 7ime of fteporf
09/23/1999 14: 52
VEHICLE INFORMATION
NONE
NARRATIVE
SQUAD 190, G,JOHNSON, WAS SENT Td 1�83 UNiVEftSiTY, ARNELtA'S BAR, TO
RECOVER THE TAPE FROM THE1R VIDEO CAMERA. THERE WAS A SHOOTlNG THERE
UNDER TNIS CN.
UPON ARRIVAL, I TRLKED TO THE OWNER HERSELF, ARNELIA ALLEN PH- 65'i-642-
5975. I EXPl1aINED TO HER THAT f WOULD LIKE TO COLLECT THE ViDEO CAMERA TAPE
FROM LAST NIGHT TO HELP IDENTIFY THE PEOPLE INVOLVED.
ARNELIA SAID SHE HEARD THERE HAD BEEN A SHOOTiNG IAST NIGHT BEHIND THE
BAR BUT THAT THERE WAS NO CAMERA THERE. I THEN ASKED WHERE SHE HAD
CAMERAS. SHE SAID THERE WERE CAMERAS LOCATED ON THE EASl' SIDE OF THE
BUILDING. 1 THEN SAiD THAT lT WAS POSSIB�E THAT ONE OF THE CAMERAS WOULD
HAVE RECOROED SOMETHING USEFUL IN IDENTIFYING SUSPECTS.
ARNE�IA THEN CALLED HER SON, LARRY ALLEN, PH 770-1477, AND TALKED TO HfM.
SHE THEN TOLD ME THAT LARftY SAID THEY DID NOT HAVE THE CAMERAS ON AND
TAPING LAS7 NIGHT.
i THEN WALKED OUTSIDE AND SAW ONE CAMERA ON THE SOUTH SfOE, WEST END
OF THE BUILDING, POINTED TOWARDS THE FRONT DOOR. I ALSO SAW TWO MORE
CAMERAS ON THE EAST SiDE OF THE BUILDING, ONE ON THE SOUTH END FACiNG IN A
NORTH- EASTERLY DIRECTING AND THE OTHER WAS QN THE NaRTH END FACING IN A
SOUTH-EASTERLY DIRECTION. THERE WAS ALSO A FOURTH CAMERA IN TriE BACK OF
THE BU1LQlNG, ON THE NQRTH WALL AND LOCATED NEAR THE EAST END OF THE
BUILDING. THIS CAMERA WAS P0INTED TOWARDS THE NORTH-WESTERLY DIRECTION.
PLEASE SEND A COPY TO THE ClTY LICENSING DIVISION
Please distribute to:
�CFiF _Hom
_Sex _D/C
_CO _Rptr
_Rob _1uv _Oper _PSC _Lab
_Burg _Theft _Prop _CAU _F&F
Vice Nazco SIU T&A Other
_Rec �Team
_Au[o _DAO
Saint Pau{ Police Department Page ,
_ _. ....
SUPPLEMENTAL OFFENSE / iNCIDENT REPORT
Comp'aint Number Reterenca C.N. Pnmary offense
Date and Time ot RepoR
99-157945 Agg. Assault ' 09/23/1999 20:44
Primary Repoi6ng Oihce� RICHARD .l MUNOZ
Primary otiense detad:
Pdmary squad: 719
Secondary raporting officer.
��+�� WESTEfttS ( CAPERS-HOMiCIDE )
Secondary oXense:
Locaffon ofincident
Name otfoca6aNbusiness:
Date & Sma of occurence:
Arresf made?
Date 8 6me of arrest
POLICE PERSONNEL iNVOLVED
Arresf made on view: NO
A�rest made on warrant or pievious GN: NO
Pursud engaged: pf Q
Resrstance encauntered.' NO
Weapons used by poGce: NO
Weapons used by suspect at tlme of a�rest NO
CHARGES
NONE
NAMES
NONE
CRIME SCENE �ESCRIPTORS
Crime Scene
Ty�
Descdption
PROPERTY
NOlVE
VEHICLE 1NFORMATiON
NONE
Method 8 Polni of EMry
Porce used NOT FORCED
Paint ot entry
Method
0
NARRATIVE
4, Sergeant Munoz, was assig�ed to investigate this incident. On September 23, '19999 at '1815 hrs. I
went to Amellia's Bar to see if there was a video taQe to recover from the time of this incident. When f
arrives at the bar 1 first observed a group ofi 6-7 biack males hanging in the parking lot. After i parked
and got out and approached the front door there only remained 5 btaCk maies stilt hanging in the tot. I
asked the group ifi any of them worked at the bar and they said no. I then walked to the front door was
was the� toid by one ofi the male that he did work for the bar. f then went into the bar and met the
owner Ameliia. 1 explained to her that I was investigating the incident that had occurced the night before
at closing. 1 asked AmeUia if any officers had been there Yo recover her video security tape and she
said yes. She expiained to me that she didn't have a tape to give the officer because ths camera in the �
�
C.
��
��
? .s
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.W
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H 'yia
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�
Saint Paui Poiice Department Page 2
SUPPLEMENTAL OFFENSE / INCIDENT REP4RT
Comqaint Number Relerance C.N. Primary ottense � Dafe and Time ot Report
99-157945 Agg. Assault 09/23/1999 20:04
rear was broken and wasn't working. I asked if any of the cameras were wor(vng and if she had a tape
in the recorder and she said no. She then showed me a video tape and toid me it was full and that the
recoder wasn't on. I then explained to Ameflia that there was a group of people hanging in the parking
lot and she told me that one of them was working for fier.
Ptease distribute Yo:
_CHF _Hom
_Sex _D!C
_CO _Rptr
_Rob _Juv _Oper _PSC _L.ab _Rec _Team
` Butg _TheR _Prop _CAU _F&F _Auco _DAO
Vice Nazco SIU T&A Other
Saint Paul Police Department Page 3
_ _ SUPPLEMENTAL OFFENSE i 1NCIDENT REPORT
Gamp/aint Number Refe2nca C.N. Pnmar/ oflense Date and Time of Report
99-157945 Agg. Assauft ' 09>23/1999 20:04
P4ease distribute to:
_CHF _Hom
_Sex _D/C
_CO _Rpts
_Rob ^ Juv _Oper _PSC _Lab _Rec _Team
_Burg �Thefr _Prop _CAU _F&F _Auto _DAO
Vice Nazco SIU T&A Qther
OFFICF ' TE� CIT�,' ATTORNEY
Claymrs M. ..obinson, Js., City Attorney
CITY OF SA1NT' PAUL
Norm Caleman, Mayor
Civil Divisinn
400 Ciry Ha71
I S St�est Kellogg Blvd
Saint Paul, �Llinnesota 55102
Telephone: 657 266-8710
Facsimile: 651298-5619
September 30, 1999
NOTICE OF VIOLATION
Amellia Allen
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Baz & Griil, Inc. d/b/a Arnellia's
for the premises at 1183 University Avenue
License ID #: 54523
Dear Ms. Al1en:
The Director of the Office of License, Inspections and Environmental Protection has
recommended adverse action against all licenses held by Metro Bar & Grill d/b/a Amellia's for
the premises at 1183 University Avenue. The basis for the recommendation is as follows:
On September 23,1999 there was a shooting outside of
Arnellia's, near the alley on the west side of the building. Saint
Paul palice officers went to the bar later that day to recover
tapes from the video surveillance cameras to assist the police in
idenfifying the suspects in the shooting. Officer Johnson was
informed by the owner that there was no camera near the area
in question. When asked if police could review the other
camera tapes, the owner stated that the cameras were not
taping at the time of the incident. There is a condition on the
licenses that the License holder must maintain "in good
working order at least four video surveillance cameras on the
exterior of the buiiding to constantly monitor the exterior of
the premises. Tapes must be maintained for 7 days." Failure
to have the video cameras on and taping on September 23,
1999 is a violation of the condifion.
� �
Grill, Inc. d/b/a Arnellia's _
City's Exh. # 5
Page 2
Ameilia Allen
September 30, 1999
If you do not dispute the above facts piease send me a letter with a statement to that effect. The
matter wi11 then be scheduled for a hearing before the St. Paui City Council to detemune what
penalty, if any, to impose. You will have an opportunity to appeaz and speak on your own
behalf, or to have someone appeaz theze for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing
before an Administrative Law Judge (AL3}. If you wish to have such a hearing, please send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," 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 Monday, October 11, 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 St. Paul Cify CounciL '
Tf you have any questions, feel free to call me or have your attorney call me at 26b-8710.
Sincerely,
` �/��cFJ. J��,"c���-uch
Virginia D. Palmer
Assistant City Attorney
cc: Robert Kessler, DirecYOr, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Ozgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATE OF MIPNES0IA )
) ss.
COUNTY OF RAMSEV
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on October l, 1999, she served the attached NOTICE OF
VIOZ,ATION on the following named person by placing a true and
correct copy thereof in an envelope addressed as follows:
Arnellia Al1en
Arnellia`s
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn
this 1s�� of
�'
/ .0 I ti �� '�/��.
to before me
■ .- ��
� ��r.�.
6122653844
5aint Paul Police Department
P.az�e3
Page t
_ SUPPLEMENTAL OFFENSE / fNC1DENT REPORT
Comp(eint Numbe/ Relslence C.N. • Pdmary oflanse Date and T/me afReport
99- investigation of Deatb '1 i/08/1999 11:13
PAmary ReperCng Officer. �K C KEMPE
Pdmery o9ense defa8;
Pnmarysquad: 715
Secontlery repwt/ng olfic�r.
�� WESTERN ( CApERS-HOMICIOE )
SeCOr�Cery of/ense:
Locaaon of/nrJdanL
tJame olloc&UaNOUSiness
Date 8 tlme of accumncs:
Arrest madel
Date 8 Sme of a,resY.•
POLICE PERSDNNEL IN110LVED �
AneSt an HeW: {�JQ
MestmadeonwenanCOipiuNousCN.' NO
Weepons usad by po6ce: � p
Weaporrsused6ysuspectatHmeofertasr. NO
Pursuitengaged: NO
Resishanee antountered: NO
CHARGES ��
NONE
NAMES � �
NONE
CRiME SCENE DESCRlPTORS ��
Crima Scene
Typa
Descrip6an
Method & Polnt oJ EnUy
Force used {�OT FORCED
Poln[ ofentry
MeMOd
PROPERTY
NONE
VENICIE INFaRMAT10N
NONE
NaR�zanvE
On 10-7-98, a shoft time after the incident occurred, Off. Arnoid obtained from Arneilia's a video tape
af severai areas outside of fhe buiiding. The tape is supposad to be a reCOrding of events
+'ecorded on 11-7-99. This tape was then given to Sgt. Younghans. Severa{ members of the
Nomicide Unit, induding myself, watched the tape and agree there is a large portion of events not
recorded on the tape. lt appears tfie security cameras were not on during the incident in which Mr.
Fariey was kiiled, but were tumed on immediately aftervvards.
The tape monitors three areas outside the Amellia's buiiding; the front door, the back door and
parking area to the east of tfie buiiding. The screen is divided into fourths, but one section (upper
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NOV-09-1999 14�04 S7. PAUL PDLICE 99i P•02
N011-09-1999 14�08 6122653844 P.03/03
Saint Paui Palice Department P� z
SUPPLEMENTAL OFFENSE i INCIDENT REPORT
CartrplaintNam6er Reference C.N. Pnmery oilanse Date antl Time otRepod
99-167fi33 { nvesfs g ation of Death 11t08 11:13
left) is btank The lower left side of the sueen is the front door area of Amellia's. ft also includes '
University Avenue east of Amelfia's frorrt door. The fower right portion of the screen is the back
door area with a large dumpster and parking spots. The upper right screen is the east parking. The
dates and times racorded onto the tapa do not make any sense, the tape begins with�the date of
10�0-89 at �70o hours.
The tape continues on the date of 10-30.89 to 0850 untiN there is cSearly a break in the sequence of
events. The tape counter dispiayed on the screen jumps to 11-7-89 with a time of 12�'I:42 and
after a shoR time, shows severaf squad cars arriving on University Avg to the easi of the front door.
in addition to Ehe sudden jump in the dates of the tape counter, tha items bei�g viewed in the
specific surveiffance areas also change abruptiy. The foilowing scenes are on the tape at � 0-30-89,
at 0850:50 just prior to the break in sequence:
- 7he front door area of Ameilia's is empty with no peopie around.
- The back door area shows a large van parked facing south and a 2 door sedan parked on the
west side of the dumpster.
- The eas# side parking shows thres vehiclss, a smal! sedan facing east, a mini van faeing east
and an SUV type vehicle parked facing west
The tape then has a clear break in sequence to 11-7-89 ai 1211:42, and fhe following changes
have occurred in the tape:
- Tnere is a large crowd of people near the front door of Ameflia's and people continue to exit fhe
bui(ding. Squad cars then arrive on University Ave. and stop to the east of the front door.
- The rear of the building shows a white car pariced on ffie east side of the dumpster and a large
van par4ced facing noRh.
- The east parking shows a white convertible facing west and a van facing easf,
Please distribute ta:
_CNF _Hom
_Seac _D/C
_CO ,_Rptr
NOU-�9-1999 14�04
_Rab _Juv _Oper _PSC
�Burg _TheR _Prap _CAU
Vice Narco SN T&A
ST. PAUL POLICE 99�
Lab Rec T�am
F&F Auto DAO
Other
T07AL P.03
P.03
I� � l '
October 29, 1999
Robert Kessler, Director
License, Inspections and Environmental Protection
300 Lowry Professional Building
350 Saint Peter Street
Saint Paul MN 55102
Dear Mr Kessler:
In light of the recent incident Arneilia"s stafF have met with interested community
leaders and formulated the fol4owing as a means to deal with some issues:
• We have ordered signs for the property, " No Trespassing - Violators will be
prosecuted" and "Private property - No loitering". Signs will be delivered on
Wednesday, November 3 and in place by Thursday, November 4, 1999.
• We are pricing Halogen lighting fiorArnellia's parking lot, on the buifding on the �
West side, to face the Antiques Minnesota lot and at the rear of our building
expect to have this work completed within the next 2- 3 weeks.
• We wil{ put additionai informatior on our ca{endar regarding the strict dress
enforcement.
We
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• Our VCR was in need of repair and is now in proper working order. Tapes are
placed each day. We are using two sets of tapes and keeping them 4or a week
before we tape over them.
• We are in the process of looking at other promotional ideas that do not appeal to
younger audiences on Wednesday and Thursday nights.
• We have increased our diligence in making sure that patrons that have been
barred from the establishment do not enter.
• We wili continue to work with the interested citizens "The "Just Stop �t" Non-
Violence Campaign" to make these and other items are carried out
We welcome any other suggestions that may be forth coming to improve conditions for
AmelOa's On-The-Avenue • New gathering spot tor foad, ddrdc, musk and hospitaBty • 1183 University Ave. W., St. Pauf, MN. SS10d •(672) 642-597E
our neighbors, patrons and employees.
Sincerely,
. l��
Amellia Allen
Owner
cc: Mayor Norm Coleman
City Council members
Chief W(liam K Finney
Commander Dan Carlson
The "Just Stop IY'
Tyrone Terrell
Biily Collins
Johnny Howard
DonEsther Morris
Rev Devin Miiler
Non-Violence Campaign
OFFICF 'F � CITY ATTORNEY
Cltry[on a ,binson, J>., Ciry Attorney
CITY OF SAINT PAUL
Norm Co(eman, .4f¢yor
Civil Drvisian
400 Ciry Hall
15 West Kellagg Blvd
Saint P¢u(, .Ninnzsota S51 D2
Telephone: b5! 26b-87f0
Facsimile: 657 298-5619
November iQ, 1999
NOTICE OP SECQND VIOLATIQN
Arnallia Alien
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Bar & Grill, Inc. dlbla Amellia's
for the premises at 11$3 University Ave. in St. Paul
License ID #: 54523
Deaz Ms. Ailen:
The Director of the Office of License, Inspections and Environmental Protection has
recommended adverse action against all licenses held by Metro Bar & Grill d/bla Amellia's for
the premises at 1183 University Avenue. The basis for the recommendation is as follows:
On October 7,1999 there were shots fired outside of Arnellia's,
and an individnal was run down in the parking lot and killed.
Saint Paul police officers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. Several members of the homicide Unit watched the
tape provided, and it was apparent that a large portion of #he
events from Qctober 7,1499 are not on the tape. It appears
that the security cameras were not activated until after the
incident in which the person was killed, as the first thing from
the date in question is the arrival of the squads cailed to
investigate. Additionally, the times and dates on the tapes
make no sense, and the items being viewed in the specific
surveillance areas covered by the various cameras shift
abrugtly. There is a condition on the licenses that the License
holder must maintain "in good worl:ing order at least four
video surveillance cameras ofl the exterior of fhe building to
constantly monitor the esterior of the premises. Tapes must be
maintained for 7 days." Failure to have the vidpo cameras on
and taping at all times on October 7,1999 is a violation of the
condition.
� �
Grill, Inc. dlt�la Arnellia's
— City's Exh. # 4 -"
Page 2
Amellia Allen
November 10, 1999
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 heaiing before the St. Paul City Council to determine what
penalty, if any, to unpose. You wi11 have an opportunity to. appeaz and speak on your own
behalf, or to have someone appear there for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing
before an Administrative Law 7udge (AL�. If you wish to have such a hearing, please send me a
letter stating that you aze contestin; the facts. You will then be sent a"Notice of Hearing," so
you wiil know when and where to appear, and what the basis for the hearing wiil be.
In either case, please let me kno�v in writing no late than Monday, November 22,1999, how
you wouid 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 St. Paul City Council. �
If you have ang questions, feel free to ca11 me or have your attorney call me at 266-8710.
Sincerely,
� � � ��
��-
Virginia A. Palmer
Assistant City Attorney
cc: Mark Vaught, Suite 700, Six West Fifth St., St. Faul, MN 55102
Robert Kessler, Airector, LIEP
Christina Rozek, LIEP
Cathy Lue, Community Orgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATS OF MINNESOTA
COUNTY OF RA1`iIS&Y
ss. AFFIDAVIT OF SERVICE BY MA2L
JOANNE G. CLEMEI�TS, being first duly sworn, deposes and says
that on November 10, 1999, she served the attached NOTICE OF
SECOND VIOT�ATION on the following named person by placing a true
and correct copy thereof in an envelope addressed as follows:
Arnellia Allen
Arnellia' s
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of
same, with postage prepaid, in the
Minnesota.
Subscribed and sworn to before me
this lOth dav of Novembe�, 1999.
� l� r %vw�-> I/
Notar Public ERP.PANGBORN
Y - NOTAflYPUBLIC-MINNESCTA
` My Cqmm. Exp¢es Jan. �t, 2000
said person) and depositing the
OFF2Cz'—Oc THE CITY ATTORNEY
ClaytOn. .abirtson, Jr., CrlyAttprney
CITY OF SAINT PAUL
Norne Coleman, Mayar
Civi1 DiviSian
a00 Crry Hall
I S {f'ut Ketloeg B(vd
Sain[ P¢ul, blinxuofa Si703
I'eLephone: 65I 166-8710
Facsimil e: 651398-3619
December 15, 1499
NOTICE OF HEARING
Arnellia Allen
Ameilia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Bar & Grill, Inc. dJbJa Arnellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Dear Ms. Allen:
Please take notice that a hearing wi11 be held at the foilowing time, date and place concerning all
licenses for the premises stated above:
Aate: Wednesday, January 26, 1999
Time: 9:30 a.m.
PIace: Room 41
Saint Paul City Hall
15 West Kellogg Boulevard
5aint Paul, Minnesofa 55102
The hearing will be presided over by an Administrative Law Jud�e from the State of Minnesota
Office of Administrative Hearings:
Name: Phyllis A. Reha
Office of Administrative Hearings
100 Washington Square, Suite 1100
Minneapolis, MN. 55401
Telephone: (612) 341-7602
� �
Griil, Inc. d/b!a Amellia's
— City's Exh. # 10 —
1'he Council of the City of .. _�nt Pau1 has the authority to provide for nearings conceming licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicatin� and non-
into�cating laquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse
action may include revocation, suspension, fines and oEher penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action atrainst all the ticenses you
hold at the above premises as foilows: �
On September23,1449 fherezvas a shooting outside ofArnellia's,
near the aIley on the Fvest side of the building. Saint Paul police
officers went to the bar later that day to recover tapes from the
video surveillance camerAS to assist the police in identifying the
suspects in the shooting. Officer 3ohnson �vas informed by the
o�vner that there was no camera near the area in question. When
asked i£ police could review the other camera tapes, the o�vner
stated that the cameras �vere not taping at the time of the
incident. There is a condition on the licenses that the License
holder must maintain "in good �vorl:ing order at least four video
surveillance cameras on the exterior of the buiiding to constantly
monitor the exterior of the premises. Tapes must be maintained
for 7 days." Failure to have the video cameras on and faping on
September 23, 1999 is a violation of the condit3on.
On Octoher 7, 1999 there tivere shots t'ired outside of Arnellia's,
and an individual was run down in the parking lot and l:illed.
Saint Paul poiice officers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. 3everal members of the homic3de UnitFVatched the tape
provided, and it was apparent that a large porfion of the events
from October 7, 1999 are not on the tape. It appears that the
security cameras were not activated until after the incident in
which the person was killed, as the first thing from the date in
question is the arrival of the squads called to inl�estigate.
Additionally, the times and dates on the tapes make no sense, and
the items being vie�ved in the specific surveilIance areas covered
by thevarious cameras shift abruptiy. There is a condition on the
licenses that the License holder must maintain "in good vvorking
order at least four video sun�eiilance cameras on the e�terior of
the building to constantly monitor the esterior of the premises.
Tapes musY be maintained for 7 days." k'aiture to have the video
cameras on and taping aC all times on October 7, 1999 is a
violatian of the condition.
Notice of Hearing - Page 2
You have the right to be L,.,,resented by an attomey before and du�.,�� the hearing, 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 hearin� will be conducted in accordance with the r�quirements of �riinnesota Statutes sections
14.57 to 14.62 and such parts of the procedures under section 310.0� of the Saint Paul Legislative
Code as may be apglicable.
At the hearing, the Administrative La�v Judae will have all parties identify themsel"ves £or the record.
The City wi11 then present its witnesses and evidence, each of whom the licensee or attorney may
cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may �vish to
present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may
in addition hear relevant and material testimony from persons not presentzd as �vitnesses by either
party who have a substantial interest in the outcome of the proceeding; for e;cample, the o�vners 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 heazing, the Judge will prepaze Findin�s of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council,
You should bring to the hearing all documents, records and witnesses }�ou will or may need to
support your position. Subpoenas may be availabie to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Ru1es, part 14Q0.700Q.
If you think that this matter can be resolved or settled �vithout a formal hear]na, please contact or
have your attorney contact the undersigned. If a stipulation or a�reement 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.
If you faii to appeaz at the heazin�, your ability to challenge the aliegations wiil be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as true. 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.
If you have any questions, you can cail me at 266-8710.
Very truly yours,
� j \ � � n
_i'L�.L�u.�'ti LJ �GL�Y�x..��
Virginia TJ Palmer
Assistant City Attomey
cc: Mark Vaught, Suite 7Q0, Six West Fifth St. St. Paul, �T 55102
Nancy Thomas, Office of Administrative Hearings, 1 QO Washinoton Square, Suite 170Q,
Mpls, NIN SS401
Notice of Hearing - Page 3
Nancy Anderson, [�sistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Or�anizer, Hamline Midway Coalition, l�64 Lafond Ave., St. Paul,
MN 55104 •
Notice of Hearing - Page 4
STATE OF MID7N
C�UNTY OF RAMS&Y
ss.
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on December 15, 1999, she served the attached NOTICE OF
HEARING on the following named person by placing a true and correct
copy thereof in an envelope addressed as follows:
Arnellia A11en
Arnellia`s
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of
same, with postage prepaid, in the
Minnesota.
on) and depositing the
Sta es mails at St. Paul,
G
Subscribed and sworn to before me
this 15 day of Decey�er, 1999.
PE7ER P. PANGBORN
NOSARY PUBLiC- MINVESOTA
fy CAmm. E<prtes 3an. 31. 20G
;
OR�GI�AL
Presented By
Referred To
RESOLUTION
CITY OF SAINT P.
Council File # bp � C �5'
Green Sheet j ��� y�
Date
��
1 RESOLVED, that the licenses held by Metro Bar & Grill, Inc. d/b/a Amellia's for the
2 premises at 1183 University Avenue in Saint Paul (License ID# 54523} are hereby suspended
3 for a period of foriy-five days, fifteen of the days to be stayed, for the violations occurring on
4 September 23, 1999 and October 8, 1999 of the condition on the licenses requiring that there be
5 video surveillance cameras operating on the exterior of the building and that tapes be maintained
6 for seven days. The suspension shall begin on the third Wednesday following passage and
7 approval of this resolution
9 FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the
10 ALJ Report in this case dated May 3, 2000 are adopted as the written findings and conclusions of
11 the Council in this matter, except as amended below. The reasoning of the Memorandum of the
12
13
14
15
16
17
18
19
ALJ attached to the findings and conclusions is not adopted. The recommendation of the ALJ for
dismissal of the adverse action against the licenses is also not accepted.
FURTHER RESOLVED, that the following amendments to the ALJ Report are hereby
adopted:
1. Finding of Fact No. 3 is hereby amended to read as follows:
1 - -- - -- - - - --- - - - --- -
:,a.:,.�::�,�:..:.�...-.�_:.: - - - - - - -- -
24
25
26
. Conditions have been
27 holder. the nei�hbors, the police and LIEP, and have been desioned
28 to deal with problems caused bv patrons of Amellia's. These
29 restrictions include imposing a dress code on customers, requiring
30 picture identification, banning individuals from the premises,
31 screening music played on the premises for inappropriate content,
32 using a metal detector to exclude weapons from the premises, and
33 providing security to ensure orderly behavior on the premises."
34
35
36
37
38
2. Finding of Fact No. 5 is hereby amended to read as follows:
"5. After agreeing to the condirions regarding the video
I•1
1 surveillance system, a manager at Amellia's developed a system to
2 be followed for tapin�. The first tape of the day would be started
3 when the establishment was opened for business, azound noon each
4 day. When that tape ran out, another employee inserted the second
5 tape. That tape would record until after closing. Tapes were kept
6 for a week and then reused for taping. Larry Allen testified that the
7 ta�es were not always started risht at openina, and that there was
8 no one empl'ovee responsible for insuring that the tape was
9 o�eratin�."
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
�
5.
Finding of Fact No. 6 is hereby amended to read as follows:
"6. In August, 1999, Amellia Allen discovered that one of the four
surveillance cameras was not working properly. The camera
operated properly in daylight, but did not return a clear image at
night. The contractor who initially installed the system, Earl Allen,
was contacted in eazly August, and he examined the system
approximately one week later. The contractor concluded that a new
camera was required and it was ordered from the manufacturer in
California. 7erry Allen paid the contractor to order the camera on
August 13, 1999. The date that the camera was ordered by the
contractor is unknown. The failure to have this fourth camera in
workin2 order was not listed as a basis for adverse action."
Finding of Fact No. 7 is hereby amended to read as follows:
"7. The camera was delivered to Amellia's in early September.
The conuactor was notified that the camera had arrived. The
camera had sti]1 not been installed bv the October 7. 1999 date, and
testimony bv Jerry Allen at the hearine was that he did no follow-
up to see what the delav was in installina the camera."
Findin� of Fact No. 8 is hereby amended to read as follows:
38 "8. On September 23, 1999, a shooting incident occurred in the
39 alley behind Aruellia's. Testimony bv the�olice established that
40 the particioants had been oatrons of Amellia's eazlier in the
41 evenine. Sergeant Munoz of the Saint Paul Police Department
42 went to Arnellia's to obtain the videotape of the imagery captured
43 by the video surveillance camera. Ser�eant Munoz was informed
44 that there was no tape available for that evening. Larry Allen had
45 forgotten to put the second tape in that day."
46
47
48
Finding of Fact No. 12 is hereby amended to read as follows:
49 "12. Neaz midnight on October 7, 1999, an altercation began
50 between patrons in Arnellia's. Those part3cipating in the
51 altercation were removed from the premises. The dispute
bo -S$,S
1 continued outside and someone fired shots. A car struck and killed
2 a pedestrian in the pazking lot of the estabfishment, and the body
3 was drag�ed into the middle of University Avenue at that time. A
4 large number of officers of the Saint Paul Police Department
5 responded to the scene."
6
7
9 7. Conclusion of Law No. 5 is hereby amended to read as follows:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"5. The Licensee is �
' .in
violation of the condition on its license relatin� to maintaining
tapes from the video surveillance cameras on both September 23,
1999 when no t�e was inserted and on October 7, 1999. when the
tape was not operated until after the police had been called. �ke
> > •
��
00 -SS.S
8. Conclusion of Law No. 6 is deleted and a new Conclusion of Law No. 6 is adopted
to read as follows::
� �" �
29
30
31
32
33
34
35
36
37
"6. The short time between the two violations, and the fact that
the second violation was within a week of Licensee beinQ notified
that LIEP would be takina adverse action based upon the first
violation reflect that the Licensee was not making serious efforts to
comply with the condition."
9. Conclusion of Law No. 7 is hereby amended to read as follows:
38
39 "7. There is �a a basis for taking adverse acrion against the
40 Licensee under See�iaris � 310.06(b)(5) °-'���^�o of the Saint
41 Paul Legislative Code for
42 sysfem- {ailure to com�lv with the condition on the license
43 requiring that video surveillance cameras be maintained in eood
44 workin� arder and that tapes from the cameras be maintained for
45 seven davs."
46
47
48 This Resolution is based on the record of the proceedings before the ALJ, including the
49 hearing on January 26, 2000, the documents and exhibits introduced therein, the findings of fact
50 and conclusions of law of the AL7 as referenced above, the written submissions by counsel for
51 the parties, and the azguments and statements of the parties and the deliberations of the Council
1 in open session on 7une 7, 2000.
2 ao �S$5
3 A copy of this Resolution, as adopted, shall be sent by first class mail to the
4 Administrative Law Judge, and to the Licensee's attomey, S. Mark Vaught. '
5
6 �
7
Requested by DepartmenC of:
sy:
Form Approved by City Attorney ,�
By: / ____y�°^^.�-C
Approved by Mayor for Submission to Council
HY � ' t '�� a ' j— � ' � � B y :
Approved by Mayor: Date L�YYG 1^7 r.pyQ
By !� ��C�2 \
Adopted by Council: Date e�� �Ob
Adoption Certified by Counci ecretary
oo-5gS
DEPARTMENT/OFFICFJC-0UNCiL GTE1NrtuTED
c�� June9 ,ZOOO GREEN SHEET No ���� -�"
� 266-8710 �""��`� �""""��'
u.ue,�m�row�cra, «n�w�ce
MUST 8E ON COUNCIL AGQJDA BY (DAl� '
AalIGN
7une14,2000 xu�rswrs ° "` T ` O° �'` �°
rto�rnxc
oxDVt w1MKJn� sFUUxcss ooL ❑ cNaNCU6 av,wuccrc
❑����,�.� a
TOTAL # OF SiGNATURE PAGES (CUP ALL LOCATiONS FOR SIGNATURE)
tON REQUESTm
Resolution finalizuig City Council action taken June 7, 2000, conceming adverse action against all licenses held
by Metro Bar & Grill, Inc., dba Arnellia's, 1183 Uzriversity Avenue.
R COMMENOATIONApprove(A)wRejeG(R) VERSONqLSERYICECONTRA4TSMUSTAMSWERTt4EF�LLOWIN6QUE5SION5:
1. Has this persoMrrm ever wnrked uMer a coMract tw this departmeM?
PL4NNING CAMMISSION YES NO
CIBCOMMITTEE 2. MasthispewoNfrmeverbemacityempbyee7
CIVILSERVICECOMMISSION rES No
3. Dces this persoruTi�m possess a sidll not normallyp�seE by arry cu�eM cM1y employee'1
YES NO
4. Is this pe'soNfirm a}argeted vendoR
YES NO
Fxplain all yea ansxeis on upa2te shee[ aM attach to preen sheet
INITWTING PROBLEM ISSUE.OPPORNNI7Y(Who, What, When, Where, Why)
AOVAN7AGES IF APPROVED
DISADVANTAGESIFAPPROVED
DISADVANTAGES IF NOT APPROVE�
70TAI. AMOUNT oF TRANSACTION f CO3T/REVENUE BUDGEfED (CIRCLE ONE� YES NO
FUNOING SOURCE ACTNIIY NUMBER
FlNANCWLINFORMAiION(IXPWN) ��R1�,"'�� 13y�!!���
w�a� � � �Q��
-Tt J �
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Andy Dawkins
State Representative
Minnesota
po-5��
Disirict 65A
Ramsey County
House of
Representatives
COMMITTEES: TAXES: CIVIL LAW; JOBS AND ECONOMIC DEVELOPMENT
June 1, 2000
To Whom It May Concern:
Re: Arnellia's Restaurant, 1183 University Avenue, St. Paul
I live at 788 Charles Avenue, several blocks from Amellia's Restaurant. I represent District 65A
in the Legjslature, which includes Arnellia's Restaurant. I often go doorknocking on Sherburne
Avenue just to the north of Arnellia's.
I understand that a decision will be made regarding suspension of Arnellia's license to operate.
would like to offer my opinion that Arnellia's has been responsibly owned and managed to the
best of their abilities. I would encourage that the decision not be to suspend their license.
Sincerely,
�� `#�K.��Z�S
Andy Dawkins
State Representative
788 Charles Avenue St. Paul Minnesota 55104 (651) 224-6270
Siate Office Building, 100 Constitution Ave., St. Paul, Minnesota 55155-�298 (657) 296-5�58
�f House Fa�c (657 ) 296-4165 TTY (651) 296-9896
�ij� E-mail: rep.andy.dawkins@house.leg.state.mn.us
CITY OF SAINT PAUL
Narm Ca[em¢n, M¢yo�
Apri120,2000
NOTICE OF COUNCIL HEARING
Mr. S. Mazk Vaught
Attorney at Law
Six West Fifth Street, Suite 700
Saint Paul, Minnesota 55102
RE: Alllicenses held by Metro Bar & Grili, Inc. dlbla Arnellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Deaz Mr. Vaught:
SS
,�,� a � P ,
. .. ' �sv'
Please take notice that a hearing on the report of the Administrative Law 3udge concezning the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, May 10, 2000, in the
City Council Chambers, 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 azgument to the council at the
Heazing. 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 law in the exercise of its judgement and discretion.
Sincerely,
��� ,tita�j ��..
�c; ��
Virginia D. Palmer
Assistant City Attorney
ca Nancy Anderson, Assistant Council Secretary, 310 Ciry Hall
Robert Kessier, Director, LIEP
Christine Rozek, LIEP .
Cathy Lue, Community Organizer, Hamline Midway Coalition,
Paul, MN 55104
Cazoi Atkins, 633 N. Snelling Ave., St. Paui, MN 55104
OFFICE OF THE CITY ATTORNEY
Claytox M. Robinson, 7r., Ciry Attorney
80-5��
Civit Division
400 Ciry• Ha11 7eLephone: 651 266-87I0
ISWestKeIIoggB(vd Facrimile:651298-i619
Saint P¢ul, Minnuot¢ Si102
1564 Lafond Ave, St.
�c -S8S
9-2911-12640-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE GITY OF ST. PAUL
in the Matter of All Licenses Held by FINDINGS OF FACT,
Mefro Bar & Grill, Inc., d/b/a Arnefiia's, for CONCLUSIONS OF LAW
the Premises at 1183 University Avenue, AND RECOMMENDATION
Saint Paul, License 4.D. No. 54523.
The above-entifled mafter came on for hearing before Administrative Law Judge
Phyl(is A. Reha, acting as a hearing officer for the Saint Paul City Council, commencing
at 9:30 a.m. on VVednesday, January 26, 20��, a� tha Saint Paul City Hai!/Ramsey
County Courthouse, Room 41, 15 West Keliogg Bouievard, St. Pauf, Minnesota. The
hearing was held pursuant to a Notice of Hearing dated December 15, 1999.
Virginia D. Palmer, Assistant St. Pauf Cifij Attorney, 400 City Hall, 15 West
Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City's Office
of License, Inspections and Environmentai Protection (LIEP). S. Mark Vaught, Attorney
at Law, Six West Fifth Street, Suite 700, Saint Paul, M+nnesota 55102-1412, appeared
on behalf of the Licensee (hereinafter "Arnellia's" or "Licensee"). The record cfosed on
March 7, 2000, with the receipt of the last post-hearing submission.
NOTICE
This Report contains a recommendation and not a fina{ decision. The f+nal
decision wiil be made by the Saint Paul City Council, which may affirm, reject, or modify
the Findings and Conclusions contained herein. The Council will consider the evidence
in this case and the Administrative Law Judge's recommended Findings of Fact and
Conclusions, but wil{ not consider any factual testimony not pseviously submitted to and
considered by the Administrative Law Judge. The Licensee wiif have an opportunity to
present oral or written arguments regarding its posifion on the recommendation of the
Administrative Law Judge in the application of the law or interpretation of the facts and
,;,ay presert a�y�ment related to its positi�n. The CounciPs decision as to what, if any,
adverse action shafi be taken wili be by resolution under § 310.05 of the St. Pauf
Legislative Code. To ascertain when the Council will consider this matter, the parties
shoufd contacf the Saint Paul City Council, Room 310, St. Paul City HaII/Ramsey
County Courthouse, 15 West Keflogg Boulevard, St. Paul, Minnesota 55102.
STATEMENT OF ISSUES
The issues in this matter are whether Licensee violated conditions on its license
by failing to maintain video survei(lance of the exterior of the licensed premises and
faiiing to record that imagery, and, if so, what penalty is appropriate.
Based upon ail of the files, records and proceedings herein, the Administrative
Law Judge (ALJ) makes the following:
Go-S8S
FiNDiNGS OF FACT
1. Metro Bar & Grill, 4nc. is a corporation doing business as Arnellia's at 1183
Universifij Avenue, Saint Paul, Minnesota 551�4. The corporation is owned by Arnellia
Allen. Arnellia's has an Entertainment (B) license, a Gambling Location (B) license, a
CigarettelTobacco license, and two Liquor On-Saie iicenses. Arneilia's licenses remain
valid pending the outcome of this proceeding. The business is owned by ArneNia A11en.
The manager is her son, Jerry Aflen. Jerry A41en's brother, Larry Allen,� is employed by
Amellia's to provide security.
2. Arnellia's is located directiy on Universify Avenue. To the west on that block
is Antiqiaes Minnesota. To the east side of Arnellia's +s a parking lot and fhe Midway
Car Wash. To the north side is an alley with some parking and a dumpster. Four
external video cameras have been in place on the building fior approximately six years.
One camera �rovides a view of the fran± d.00r on ±he south side ef the b�ilding, one
camera observes the north side around the back door of Arnellia's (near the dumpster),
and the ather two cameras provide difFerent angles of the parking lot on the east side of
the buifding. Signs posted on the build±ng state that video surveiilance is being
conducted. The video cameras send images to a monitor, which displays a picture for
each camera together on the same screen.
3. The area in the vicinity of Arnellia's is subject to frequent poiice calis and
significant leveis of crime. To address these neighborhood problems and prevent any
exacerbation of those probiems, Arnel4ia's operates its business under a number of
restrictions that have been in place for years.� These restrictions include imposing a
dress code on customers, requiring picture identification, banning individuafs from the
premises, screening music piayed on the premises for inappropriate content, using a
metai detector to exclude weapons form the premises, and providing security to ensure
orderiy behavior on the premises.
4. In May, 1999, a man was shot and killed whife in a car parked in front of the
Midway Car Wash. In response to that killing, management at Arnellia's met with the
Saint Paul Police, LlEP, and community representatives fo determine what additional
efforts could be made to address violent acts in the vicinity of Arnellia's. The Licensee
agreed to add taping equipment to its existing video surveil(ance system. This
additional condition became effective on Jufy 8, 1999 and states:
licensee holder will maintain in good working order at ieast 4 video
surveiflance cameras on the exterior of the building to constantly monitor
the exterior of the premises. Tapes must be maintained for 7 days 3
5. After agreeing to the conditions regarding fhe video survei(lance system, a
manager at Arne{fia's developed a system to be folfowed for taping. The first tape of the
' The entire list of restrictions, identifled as condikions on Arnellia's 4icense, is attached as Appendix A.
The fist of conditions includes the subsequently agreed-to conditions regarding the video cameras.
2 Midway Car Wash is focated at 1169 University Avenue.
3 Exhibit 2.
2
�6—Sg
day wouid be started when the establishment was opened for business, around noon
each day. When that tape ran out, another employee inserted the second.tape. That
tape would record until after closing. 7apes were kept for a week and then reused for
taping.
6. in August, 1999, Arnel(ia Ailen discovered that one of the four surveiflance
cameras was not working proper(y. The camera operated properiy in daylight, but did
not return a clear image at night ° The contractor who initialiy instailed the system, Earf
Allen, was contacted in early August, and he examined the system approximate{y one
week later. The confractor concluded that a new camera was required and it was
ordered from the manufacturer in California. Jerry Aiien paid the contractor to order the
camera on August 13, 1999. The date that the camera was ordered by the contractor is
unknown.
7. The camera was de�ivered to Arnel(ia's in eariy September. The contractor
was notified that the camera had arrived.
8. On September 23, 1999, a shooting incident occurred in the alley behind
Arneilia's. Sergeant Munoz of the Saint Pauf Police Department went to Arneliia's to
obtain the videotape of the imagery captured by the video survei{lance camera.
Sergeant Munoz was informed that there was no tape available for thaf evening. Larry
Alien had forgotten to put in fhe second tape on that day.
9. Arneflia's responded to the failure to tape by modifying its system of taping.
tonger duration videotape was purchased, the employees responsible for the system
were instructed to make certain that a tape was in the machine, and the system of
retaining videotapes was modified.
10. On September 30, 1999, the Saint Paui City Attorney's O�ce issued a
Notice of Violation to Arneilia's. The Notice indicafed that on September 23, 1999, the
Licensee failed to have its video cameras on and taping and that constitutes a violafion
of the video surveillance condition on Ameilia's license. No citation was made in the
Notice of Violation to what provision of the Saint Paul Legfslative Cade was alleged to
have been violated and no suggested penalty was indicated.
11. On October 7, 1999, Larry Allen was working the evening shifE at
Arnellia's. At about 8:00 p.m., Larry Aiien switched the videotape for the tape that had
been recording since Arnei4ia`s opsned that morning. When he activated the video
recorder, he inadvertentfy pressed the "play" buttbn rather than the "recard" buttan.
12. Near midnight on October 7, 1999, an altercation began betv��een patrons
in Arnellia's. Those participating in the altercation were removed firom the premises.
The dispute continued outside and someone fired shots. A car struck and killed a
° The image retumed by that camera at night would only show objects wifh their own iliumination, such as
automobile headlights and taillights.
5 Eari Ailen is no relatfon to Amellia AI4en, Jerry Al;en, or Lsrry Ailen. -
6 Exhibit 5.
�
�� _ S�S
pedestrian in the m+ddle of University Avenue at that time. A large number'of officers of
the Saint Paul Police Department responded to the scene.
13. Larry Alien had been observing the incidenf outside Arnellia's. He went in
to check on the v'sdeotape system and noficed for the first time that eveni�g thaf fhe
recorder had been set to piay, rather than record. He immediately stopped the tape and
began recording. An officer of fhe Saint Pauf Pofice Department entered a few minutes
later and requested the videotape. Larry Allen gave the officer fhe videotape.
14. in mid-October, the contractor returned to Arnellia's and instailed the new
camera. The instal(ation of fhe new camera allowed nighttime images from a second
angle in the parking lot to be recorded on the VCR.
15. As a resuit of the October 7 error in operating the VCR, Arnel�ia's again
modified how the videotaping system was to operate. A three-week rofation of
videotape was instituted. Each staff member at Arnelfia's was instructed to check the
operation of the VCR throughout the work shift. Any staff member observing anything
unusual about the monitor or VCR is instructed to report to the manager on duty.
16. On November 10, 1999, the Saint Paul City Attorney's Office issued a
Notice of Second Violation to the Licensee. The Notice stafed that on October 7, 1999,
Arnel{ia's failed to have its video cameras on and taping and that constitufes a viofation
ofi the video surveillance condition on Arnellia's license.' No citation was made in the
Notice of Violation to what provision of the Saint Paul Legisiative Code was alfeged to
have been violated and no suggested penalty was indicated.
17. On December 15, 1999, the Assistant City Attorney, Virginia D. Paimer,
issued a Notice of Hearin� in this matter. The Notice of Hearing identifed the hearing
date as January 26, 1999.
18. The misidentification of the date of the hearing in the notice of this matter
did not cause any confusion for Licensee. Licensee was not prevented from fully
participating in the hearing due fo the erroneous date.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIdNS
1. The Administrative Law Judge and the Saint Paul City Council have
authority to consider the charges against the respondent and the penalty, if any, that
should be paid the city pursuant to Sec. 310.05 of ths St. Pau{ L�egislative Code.
� Exhibit 9.
$ Exhibit 10.
0
o a _ s �s
2. LIEP has substantially compiied with ail relevant substanfive and procedurai
legai requirements.
3. The Licensee received adequate and�timely notice of the hearing and of fhe
charges against it.
4. LIEP has the burden of proof to establish, by a preponderance ofi the
evidence, that fhe respondent vio{ated the conditions of its licensure. •
5. The Licensee is in substantial compliance with the conditions of its license
through the instaliation and operation of a videotaping system attached to its video
surveillance cameras. The failure to record the images captured by the video
surveillance cameras outside the licensed premises on September 23 and October 7,
1999, was inadvertent by the Licensee.
6. The efforts made by the licensee to repair the malfunctioning camera
comp4ied with the conditios+ that four video cameras be "maintained in good working
order" outside the business premises.
7. There is no basis for taking adverse action against the Licensee under
Sections 310.06(b)(5) and 409.10 of the Saint Paul Legislative Code for the operation of
its video surveillance system.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
foliowing:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: That the Saint Paul City Council DISMISS the
action against the licenses heid by Metro Bar & Grill, lnc.
Dated this �-�day of Aprii, 2000
��� � � ��-
; ,:,. . �
PHYLLI A. REHA �" '
Administrative Law Judge
Reported: Taped, three tapes
MEMORANDUM
Three incidents of violence are the motivation for bringing this action against the
Licensee. A killing in May, occurring in front of the business next door; a shooting in
September, occurring in the alley behind the business; and a shooting in Ocfober,
5
pa — S,�s
resulting in a pedestrian being struck by a car and kilied. There is no evidence in the
record of this matter that any of these incidents took place on the licensed premises.
in response to the May kiliing, the conditions under which Arnellia's operates
were reconsidered. Conditions regarding video sunreillance were added. The fanguage
of the new condition itself is ambiguous, since fhaf language does not expressly require
that the imagery captured by the exterior video surveillance cameras be recorded.
There is no dispute, however, that bofh L1EP and Arneilia's understood the condition to
require the addifion of a VCR and recording the imagery from those cameras.
The record in this matter is clear that Arnellia's implemented the new requirement
consistent with its agreement. At first, tapes of six and eight hours in duration were
used to cover the fourteen hours per day that Arnellia's is open. After a period of trial
and error, Arnellia's discovered that additional time was needed to ensure that the
videotaping covered the entire time the establishment was open. Arneilia's then
switched to two eight-hour tapes per day. During this period stafF discovered, aiso by
trial and error, that the extended piay option must be selected to ensure that the eight-
hour tape covers ali eight hours." No one at Arnefiia's was able to set ihe date and
time feature on the VCR.
The second act of violence near Arnellia's was a shooting that took place in fhe
alley behind the building on September 23, 1999. The victim in that incident was struck
in the foof. The Saint Paul Police sought the videatape from that evening to assist in
their investigation of the incident. There was no tape from that evening, since Larry
Alien had forgotten to put a tape in the VCR. Arnelfia's responded to the error by
reviewing the system that had been established for videotaping, adjusting that system to
ensure that the VCR was being activated at the appropriate times, and reminding the
responsibfe empfoyees that the taping was a requirement.
The third act of violence occurred on October 7, 1999. At approx+mately 8:00
p.m. on that date, Larry Allen changed the videotape in the VCR for the evening. He
inadvertently pressed the wrong button on the VCR after inserting the new tape.
Around midnight, an alfercation started in Arneilia's. in accordancs with the
establishmenYs policy, the participants were ejected from Arnefiia's. Those persons
continued their dispute outside and shots were fired. A car then struck a pedestrian in
University Avenue and that pedestriar� was killed.
After seeing the events outside, Larry Allen went to check on the VCR. At that
time he discovered that it was in "play" mode, rather fhan "record" mode. He
immediately began recording. At the hearing in this matter, Larry Alien acknowledged
his mistake.
LIEP maintains that violation of any condition is sufficient to take adverse action
against Arnellia's license. The serious consequences on September 23 and October 7
are asserted to be justification for a penalty of sixty days suspension. Arnellia's points
9 Several witnesses suggested that the automobile striking the pedestrian was exiting Arne4lia's parking
lot.
10 While Condition 11 states that the cameras must monitor the exterior continuously, both Arnellia's and
LfEP understood the taping requirement to be only during business hours.
" The ofher option, standard piay, provides better video qua(ity but much sho�ter duration.
�
Do — S8S
out fhat there is no evidence that any videotape from either evening would have
prevented the incidents or materially aided the Saint Paul Police in their subsequent
investigations. �
Section 310.06(b)(5) authorizes adverse action be taken against a licensee when
the licensee fails to comply with any condition of ths license. Section 409.10 sets out
the standards to apply in adding conditions to licenses as follows:
Sec. 4�9.1a. Restrictions on ticenses.
When a reasonable basis is found by the council to impose reasonable
restrictions upon a licsnse held under this chapter, the councif, upon
issuing a new license or renewing a license or approving a transfer of a
license, may impose reasonable conciitions and restrictions pertaining to
the manner and circumsfances in which the business shall be conducted
to preserve ihe pub(ic peace and protect and promote good order and
security. These reasonable conditions or restrictions may pertain to:
(1) A limifation as to the hours when intoxicating liquor may be sold and/or
consumed on the licensed premises;
(2) A limitation and restriction as to the exact iocation within a building
where intoxicating {iquor wiii be served andlor sold andlor consumed;
(3) A limitation and restriction as to the means of ingress to or egress from
the iicensed estabiishment;
(4) A requirement that certain off-street parking facilities be provided;
(5) A condition that the license wili be in effect only so long as the
estabfishment remains a drugstore, restaurant or hotei as defined by the
state liquos act or regulations adopted pursua�t thereto;
(6) A limitation and restriction as to the means and methods of advertising
the safe of intoxicating liquor on fhe buiiding andlor on the premises
adjacent thereto;
(7) Reasonable conditions limiting the operation of the licensed premises
so as to ensure that the licensed business wifl comport with the character
of the district in which it is located and/or to the end that nuisances will be
prevented;and
(8) Addifionaf condifions upon hotels and restaurants which may in the
discretion of the ccuncil tend to insure that the sale of liquor will iake piace
only in conjunction with the saie and service of fiood.
The one repeated standard throughouf the section is that any condition imposed
on a ficensee must be "reasonabie". 7he condition at issue in this matter falis under
item 7, which is the imposition of "reasonable conditions limiting the aperation of the
licensed premises ... fo the end that nuisances will be prevented."' Rdverse action can
certainly be taken against a licensee for any unreasonabie fiailure to meet a condition
12 Saint Pau! Legislative Code Sec. 4�9.10.
7
�� - cS3"S
requiring videofaping. Conversely, where a licensee has a reasonable excuse for that
failure, adverse acfion is inappropriate.
{n each instance where the videotaping system was fiound to be faulty, action
was taken by Arnellia's to improve fhe system. VCRs are not "fool-proof' technoiogy,
and gaps in recording are inevitable. The Licensee has demonstrated substantial
compliance with the {icense condition and the two instances of noncompiiance were
inadvertent. The degree of ongoing compliance is demonstsated by the ofher material
on the tape provided to the Saint Paui Poiice Department on October 7, 1999.
LIEP asserts that violations of the license condition are established by the failure
of Amellia's to ensure that the correct date and iime are imprinted on the recording.
There is no such requirement in the conditions estab{ished for ArneNia's. Adverse
action cannot be taken against the Licensee for faifing to properly set the date and time
of the VCR, absent some undersfanding tha± such cond�ct is required.�
Having one video camera malfunction is also cited by LIEP as a violation of the
license condition. The ob4igation in the license condifion to "maintain in good working
order" four video surveiliance cameras assumes thaf the technology will periodically
maifunction and need to be fixed. The measure of compliance is not whether any of the
cameras are broken, but whether prompt action +s taken to repair them. In this matter,
the Licensee was prompt and a contractor was dilatory. The Licensee met the
requirement that the video surveillance system be maintained.
"This standard of conduct is reflected in other Iicense actions invo(ving entertainment establishments.
For example, in assessing whether adverse action was appropriate where female dancers "went topless"
without a bar owners knowfedge, Administrative Law Judge Peter Erickson stated:
This case is not so much one where critical issues of fact must be determined, but rather one in which
the penalty must be appropriate to the violation. This case wouid be much different if, when Mr.
Jensen had seen that the dancers were topiess, he had immediately taken action, wfiether or
not successful, to curb the topiess activities. However, Mr. Jensen decided that he could do
nothing at that time and it was not until after O�cer Nohr became involved that Mr. Jensen put an end
to the topless behavior. Additionaffy, Mr. Jensen could have instructed his bouncers and other
employees regarding the law on nudify and told them to enforce the prohibition if any of the dancers
decided undress. Atthough Mr. Jensen was not aware that the show would be topless, he is not
btametess for the resulting nudity which continued until after Officer Nohr arrived. However,
Mr. Jensen's good faith efforts to ensura that the show would not be topless before ever
pooking it shou4d be give� great weight.
Cify of Coleraine v. Hariey Jensen, dfb/a Harley's Hui 1I, OAH Docket No. 4-2101-5430-6
(Recommendation issued Aprii 23, 1991)(emphasis added).
14 The time stamp on the tape provided is October 30, 1989, and that tape-records the entire evening's
events outside of Arnellia's. With the rotation of tapes described by Arnellia's, the ne� time stamp that
wouid 6e imprinted on that particular tape is November 7, 1989. At about the midd(e of the tape
(approximately four hours at extended play}, the scene changes to the events on October 7, 1999, and
the time stamp changes to November 7, 1989. 7he new date and imagery lasts only a few minutes,
which is consistent with the police officer receiving the tape that night. These facts support the testimony
of larry Al1en that the tape was inserted according to the procedure, but that the "piay" button was
inadvertentiy pressed.
t5 As discussed above, the language of the license condition faits to expressly require taping, much less
requiring accurate time stamps. There was no understanding between Arnellia's and LfEP that the VCR
must imprint an accurate time stamp to meet the license condition.
�
�7.,a��r-z
RoberE Kessler, Director of LIEP, festifisd fhat the purpose of the video
surveiiiance license condition was:
This establishment attracts people that (sic) are prone to viofence. And
that we have a responsibility to do everything we can to prevent that from
happening. And the conditions were designed, especially with fhe
conditions in regard to the cameras, fo send a message to those peop(e
that practice violence that they will be watched and that we will have
recards that wili protecf the public. Secause of the lack of good
management practices at that establishment, those records are not
avaitable and 1 think as a resuit, the message is that they can get by with
these k+nds of acts af that esfablishmenf without having to pay the price.
There is no way for anyone outside ihe establishment to know whether
videotapes are being recorded at a�y particular moment. The video cameras and signs
warning about surveilfance are praminently displayed. Each of the three incidents that
prompted action concerning the Licensee occurred off of the licensed premises.
Possession of a business license does not grant police power to control the actions of
persons outside of the licensed premises. 7he purpose of "sending a message" to
persons outside the controi of the ficensee is accompfished by the visible indicia of
video surveil(ance.
The efforts made by Arneflia's to prevent a nuisance condition in the vicinity of its
business are reasonable. Maintaining videotape generated by surveillance cameras
does not reiate to the ongoing business of the Licensee, but merely aids in the
subsequent investigations by po{ice. The inadvertent faifure, on two occasions, to
record the video camera imagery from outside the premises does not rise fo a failure to
comply with the conditions on Arneiiia's ficense. The actions taken to replace a
malfunctioning camera were reasonable. Arnellia's has demonstrated by a
preponderance of the evidence that it was in substantial compliance with ifs license
conditions. LIEP fai{ed to demonstrate that Arneflia's has faiied to compfy with the
conditions on its license. Therefore, the Administrative Law Judge recommends that
this matter be DfSMISSED.
_��
16 Hearing Testimony, Tape 1.
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Appendix A
EFFEC7IVE 07/OS/99:
1. Dress Code: Amellia's agrees to continue to enforce a dress code for customers
designed specificatly to prevent patrons or cusYomers from concealing weapons or
contraband inside baggy c(ofhing or wearing gang a�liated coiors.
2. Adherence to Strict Identification Requirements: Amellia's wili require proper picture
identification from anyone who appears to Be you�ger than 30 years old. Those without
proper identification shall be denied entrance.
3. increase Communication with Police and Neighbors: Arnellia's shall initiate and
maintain regular communicatio� wifh the west sector team police commander or his
designee, and licensing officiais, Christine Rozek and Kristina Schweinler. Meetings
shali include neighborhood organizations to the extent possible.
4. Controi Music Type and Format: Arne{{ia's shall continue to be responsibie for
screening out music that promotes or glorifies violence and nefarious or anti-social
behavior.
5. Arnellia's management and security personnei wiii insure that patrons do not leave
enmasse, but rather, management and secuirty will encourage patrons to Ieave in an
orderty and controlled manner between 12:30 a.m. and 1:15 a.m.
6. The pubiic telephones shali not affow incoming calis, nor any calls to or from electronic
beepers or pagers.
7. Arnellia's shaA maintian a list of all patrons who have been banned from the
estabfishment, and this list shall be strictly enforced by Arne(lia's. Such list shall inciude
proper identification of that person, photograph and a notice of trespass. This notice
should be in triplicate with one copy goinq to each ofi the fiollowing; 1) Maintained by the
establishment; 2) LIEP; 3) the individual being ba�ned. Once banned, a person wiil
remain 6anned for a minimum of one year. Arneflfas will cooperate with police in filling
out trespass notice(s).
8. Arnellias shall continue to provide security personnel to promote the orderly behavior of
patrons on and ieaving the premises. The premises shali inciude the area immediately
adjacent to the establishment. Special attention will be paid to encouraging patrons to
leave the area.
9. AII employees and security personnel information shalf be provided to LIEP for
background checks.
10. Arnellla's wili employ the use of a metal detecting devices to ensure there are no
weapons on the premises. ,
11. Licensee holder wiil maintain in good wvrking order at (east 4 video surveiifance cameras
on the exterior of the buiiding to constantiy monitar the exterior of the premises. Tapes
must be maintained for 7 days.
12. A video surveillance camera shalf be maintained in good working order in the interior of -
the estab{ishment to monitor cusfomers as they enter the estabiishment. Tapes must be
maintained for 7 days.
13. Signage shall be posted on the exterior of the building to notify patrons that the area may
be under video surveiilance.
14. Security personnel wili be on duty daily from 8:0o p.m. unti( cfosing.
15. Back door wili remain locked after 5:30 p.m. to prevent entry.
16. The Iicensee will iock the door of the establishment at 12:30 a.m. No additional patrons
will be alivwed entry after thai time.
17. Conditions reviewed at renewal.
10
OFFICE OF TF� CITY ATTORNEY
Claylon M. Robinson, Ja, CityAtto�ney
CITY OF SAINT PAUL
Norm Coleman, Mayor
Civi! Division
4D0 Ciry Hat!
1.5 Li'estKelloggBh•d.
Saint Paul, Minnesota 55101
bo— S.4S
Telephone: 651266-87l0
Facsimile: 651 298-� 619
May 3, 200�
S. Mazk Vauaht
Attorney at Law
Six West Fifth Street, Suite 700
Saint Pau1, Minnesota 55102
RE: All licenses held by Metro Bar & Grill, Tnc. d/b/a Arnellia's fQr the premises at 1183
University Avenue in Saint Paui
License ID #: 54523
Dear Mr. Vaught:
Enclosed and served upon you please find the City's Exceptions to the Findings of Fact,
Conclusions of Law and Recommendation of the Administrative Law 3udge in the above-
referenced matter. As you know, this matter is scheduled for hearing before the Saint Paul City
Council on Wednesday, May 10, 2000, af 530 p.m. in the City Council Chambers, 3T' Floor,
Saint Paul City Hall and Ramsey County CoLrthouse.
Sincerely,
� �
��� � �
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director of LIBP
Christine Rozek, Deputy Director of LIEP
Cathy Lue, Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue,
Saint Paui, NIlV 5� 104
L.'o- SSS
STATE OF MINNESOTA
OFFTCE OF ADMINISTRATIVE HEARINGS
FOR TI� CITY OF SA1NT PAUL
In re the licenses held by Metro Bar &
Crrill, dlb/a Arnellia's
CITY'S EXCEPTIONS TO
THE REPORT OF TF� ALJ
The City of Saint Paul, acting duough its Office of License, Inspections and
Environmental Protection, files the following exceptions to the report of the Admuustrative Law
Judge, dated April 4, 2000, and filed thereafter with the City Clerk.
I. Exceptions to Findings of Fact.
A. Findine 3: The finding neglects to state that the conditions piaced on Amellia's
license aze ali restrictions designed to prevent problems caused by patrons of Arnellia's, not
simply crime in and around the neighborhood.
B. Findina 5: This finding shouid include a finding that the testunony of Larry Alien
indicated that the time at which tapes were started was inconsistent, and that taping did not
always start when the premises were opened.
C. Findin� 5: This finding is factually true but irrelevant, as the fact that only thzee
cameras were properly working was not a basis for adverse action at the hearing.
D. Findine 7: Same exception as C, above.
E. Findine 8: This finding should include a finding that the participants in the shooting
incident had been patrons of Arnellia's eazlier in the evening.
F. Findind This finding should include a finding that the pedestrian was struck in the
parking lot and dragged into University Avenue.
IT. Exceptions to Conclusions of Law.
A. Conclusion 5: This Conclusion is erroneous in that the recording and maintenance of
the tapes was an integral part of the condition requiring surveillance cameras outside the
building. Neither of the incidents in which the tapes were not available resulted from
malfunctioning of the equipment, but were due to the empioyee of Arnellia's not putting tapes in
the machine or activating the record button as required.
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B. Conclusion 6: This Conclusion should be deleted as it is irrelevant. The fact that the
fourth camera was not in working order was not raised as a ground for adverse actiori in either
Notice of Violation, nor in the Notice of Hearing.
C. Conclusion 7: This is enoneous, in that there is a basis for taking adverse action
against the Licensee under Saint Paul Legislauve Code §310.06(b)(5), which states that adverse
action may be taken where the "licensee or applicant has failed to comply with any condifion set
forth in the license."
III. Exceprions to Recommendation.
The recommendation made by the ALJ is excepted to and the Council urged not to follow
it. The recommendation for dismissal is based upon the finding that the failure to record tapes
was not a material violation of the condition that surveiliance cameras be installed and tapes be
maintained for seven days. The memorandum attached to the Report states that the language of
the condition is axnbiguous. [1'age 6]. It is di�cult to understand where the ambiguity is in a
condition which requires tapes to be maintained for a period of seven days. There would be little
point in requiring the establishment to maintain tapes, if taping were not a requirement. The
licensee never claimed that the condition itself was ambiguous nor tbat they did not understand
that the cameras were to be recording. To find that the failure to tape on two occasions does not
constitute a violafion of the conditions of the license is sunply incomprehensible.
The Administrative Law Judge also states that "three incidents of violence aze the
motivation for bringing this action against the Licensee. *** There is no evidence in the record
of this matter that any of these incidents took place on the licensed premises." [Page 5-6]. In
actual fact, an incident of violence did prompt the nnposition of the license condition, but the
moUvation for bringing the action was that the Licensee was not complying with the condition
she had agreed to. It was during the police investigafions of the two subsequent violent
incidents, that it became clear that the condition was not being followed. There is evidence in
the record that both the September 23, 1999 and October 7, 1999 incidents involved patrons of
Arneilia's. The September 23, 1999 mcident was directly behind the establishment in the alley,
just off the premises and the October 7, 1999 incident began in the parking lot, as the report notes
in a footnote.
The memozandutn states on page $"In each instance where the videotaping system was
found to be faulty, action was taken by Amellia's to improve the system. VCRs are not "fool-
proof' technology, and gaps in recording are inevitable." There was no evidence that either
instance in which the taping was not done was related to a faulty VCR. While the technology
may not be foolproof, neither failing to put a tape into the machine nor failing to properly record
are "inevitable" problems that must be accepted.
The memorandum of the ALJ also states that the malfunction of one of the four video
cameras was clauned to be a violation of the license condition, as was the failure of Arnellia's to
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ensure that the correct date and time aze imprinted on the recordings. [Page 8]. This is absolutely
incorrect. The position of the Office of LIEP, which was put forth in the City's written final
argument, which is attached hereto and which the Council is urged to read, was that the two
occasions on which the establishment was asked for tapes of events, they were unable to produce
them because there was either no tape in the machine, or the machine was not recording. Both
incidents, occiuxing in a two week period, involved violent incidents directly outside the licensed
establishxnent and involved people who had eazlier been patrons of Ameliia's.
The memoranduzn also goes on to state that: "Possession of a business license does not
grant police power to control the actions of persons outside of the licensed premises." [Page 9]. It
is not cleaz what the ALJ means by this statement, but it is clear that possession of a business
license does carry with it the duty to take all reasonable steps to control the adverse
consequences of patrons of the establishment, and the City does have the authority to impose
conditions on a business license. In this instance, the City imposed, with the consent of the
Licensee, the condition that required taping of the outside of the premises. The Licensee agreed
to the condition, and then failed to comply with it. The City need not pzove that the Licensee
deliberately failed to tape on the rivo dates in question, only that they did fail to tape. . No
reasonable excuse was offered for failing to comply witl� the requirement - there was no
mechanical failure, no flaws in the tape used, nothing but a failute to put a tape in the V CR on
one occasion and failure to hit the record button on the second occasion. To dismiss these
violations would send the wrong message to this Licensee and every other establishment required
to have surveillance cameras and maintain the videos.
TV. Amended Findings, Conciusions and Recommendation.
Attached hereto aze proposed amended findings and conclusions and recommendation
which aze prepared for use in lieu of those contained in the ALJ Report. The undersigned urges
that the Council adopt all the Findings and Conclusions of the AL7 except those for which an
Amended Finding or Conclusion is proposed, reject the Recommendation and reject the
Memorandum in its entirety.
Subrrutted this 3T day of May, 2000.
� ��`•
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Virgini . Palmer
Assistaut City Attorney
400 City HalUCourthouse
Saint Paul, MN 55102
(651)266-8710
Attorney Registration # 128995
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AMENDED FINDINGS AND CONCLUSIONS
I. Amended Findings of Fact:
A. Axnended Finding of Fact 3:
3.
� •,
,
. Conditions have been placed on the licenses for Arnellia's for
a number of vears. The conditions have been the result of discussions with the license holder.
the neiehbors, the�olice and LIEP. and have been desi�ned to deal with problems caused bv
patrons of Arnellia's. These restrictions include imposing a dress code on customers, requiring
picture iden6ficarion, bamiing individuals from the premises, screening music played on the
premises for inappropriate content, using a metal detector to exclude weapons from the premises,
and providing security to ensure orderiy behavior on the premises.
B. Amended Findin¢ of Fact 5:
5. After agreeing to the conditions regarding the video surveiliance system, a
manager at Arnellia's developed a system to be followed for taping. The first tape of the day
would be started when the estabiishment was opened for business, around noon each day. When
that tape ran out, another employee inserted the second tape. That tape would record until after
closing. Tapes were kept for a week and then reused for taping. Larrv Allen testified that the
tapes were not alwavs started ri hg t at openin¢, and that there was no one employee responsible
for insuringthat the ta�e was operatine.
C. Amended Finding of Fact 6:
6. In August, 1999, Arneliia Allen discovered that one of the four surveillance
cameras was not working properly. The camera operated properly in daylight, but did not return
a cleaz unage at night. The contractor who initially installed the system, Eari Allen, was
contacted in eazly August, and he examined the system appro�mately one week later. The
contractor conciuded that a new camera was required and it was ordered from tbe manufacturer
in California. Jerry Allen paid the contractAr to order the camera on August 13, 1999. The date
that the camera was ordered by the contractor is uuknown. The failure to have this fourth caruera
in workin� order was not listed as a basis far adverse action.
D. Amended Findine of Fact 7:
7. The camera was delivered to Arnellaa's 1n early September. The contractor
was notified that the camera had arrived. The camera had still not been instalied by the October
�
�e -.s�s
7. 1999 date, and testimony bv Jertv Allen at the hearin� was that he did no follow-up to see
what the delav was in installina the camera. ,
E. Amended FindinQ of Fact 8:
S. On September 23, 1999, a shooting incident occurred in the alley behind
Arnellia's. Testimonv bv the police established that the participants had been natrons of
Arnellia's earlier in the evenin�. Sergeant Munoz of the Saint Paul Police Department went to
Amellia's to obtain the videotape'of the nnagery captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for that evening. Larry Allen had
forgotten to put the second tape in that day.
F. Amended Findin� of Fact 12:
12. Near midnight on October 7, 1999, an altercation began beiween patrons in
Arnellia's. Those participating in the altercation were removed from the premises. The dispute
continued outside and someone fired shots. A car struck and killed a pedestrian in the pazking lot
of the estabiishment, and the bod�, was draP�ed into the middle of University Avenue at that
time. A lazge number of officers of the Saint Paul Police Aeparhnent responded to the scene.
II. Aznended Conclusions of Law.
A. Amended Conclusion 5:
5. The Licensee is '
ea�eras. in violation of the condition on its license relaring to maintaining tapes from the-video
surveiilance cameras on both September 23. 1999 when no ta�e was inserted and on October 7,
1999, when the tape was not operated until after the police had been called. 'T'` `-='•--- `- --°--�'
, , •
B. Amended Conclusion 6:
' r" _C'_' _ _" ' _' '__'"" " __" . ' _' ' "" '_ _ '__"_'
_ " i _ ' _ _ _ _ _ ' _ _ " _ _ _ _ _ _ _ _ _ _ _ ' _ ' _ . : ' _ '
6. The short time between the two violafions and the fact that the second
violation was within a week of Licensee bein� notified that LIEP wouid be takine adverse action
based upon the first violarion reflect that the Licensee was not making serious efforts to comply
with the condition.
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C. Amended Conclusion 7:
7. There is ae a basis £or taking adverse action against the Licensee under
�ee�ie�s § 310.06(b)(5) -- '�ro of the Saint Paul Legislative Code for �1�����-s€�s
. failure to com� with the condition on the license re�guiriug that
video surveiliance cameras be maintained in �ood workiniorder and that tapes from the cameras
be maintained for seven davs.
AMENDED FINDINGS AND CONCLUSTONS
I. Amended Findings of Fact:
A. Amended Findingof Fact 3:
3. '' �
� •>
>
. Conditions have been nlaced on the licenses for Arneilia's for
a number of vears. The conditions have been the result of discussions with the license holder.
the neighbors, the police and LIEP. and have been desianed to deal with problems caused by
patrons of Arnellia's. These restrictions include imposing a dress code on customers, requiring
picture identification, bamiing individuals from the premises, screening music played on the
premises for inappropriate content, using a metal detector to exclude weapons from the premises,
and providing security to ensure orderly behavior on the premises.
B. Amended Findine of Fact 5:
5. After agreeing to the condifions regazding the video surveillance system, a
manager at Aruellia's developed a system to be followed for taping. The first tape of the day
would be started when the establishment was opened for business, azound noon each day. When
that tape ran out, another employee inserted the second tape. That tape would record until after
closing. Tapes were kept for a week and then reused for taping. Lanv Allen testified that the
tapes were not alwavs started ri hg t at opening, and that there was no one employee responsible
for insurine that the tage was operating
C. Amended Finding of Fact 6:
6. In August, 1999, Amellia Allen discovered that one of the four surveillance
cameras was not working properly. The camera operated properly in daylight, but did not return
a clear image at night. The contractor who initially installed the system, Earl Allen, was
�
ac� -�S8'S
contacted in eazly August, and he examined the system approximately one week later. The
contractor concluded that a new camera was required apd it was ordered from the mauufacturer
in California Jerry Allen paid the contractor to order the camera on August 13, 1999. The date
that the camera was ordered by the contractor is unlaiown. The failure to have this foutth camera
in workin¢ order was not listed as a basis for adverse acrion.
D. Amended Findine of Fact 7:
7. The camera was delivered to Arnellia's in eazly September. The contractor
was notified that the camera had arrived. The camera had still not been installed bv the October
7. 1999 date, and testunonv by Jerrv Ailen at the hearing was that he did no follow-up to see
what the dela� was in installing the camera.
E. Amended Findins of Fact 8:
8. On September 23, 1999, a shooting incident occutred in the aliey behind
Arnellia's. Testimony bYthe oolice established that the participants had been patrons of
Arnellia's eariier in the evenin¢. Sergeant Munoz of the Saint Paui Police Department went to
Amellia's to obtain the videotape of the imagery captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for that evening. Larry A11en had
forgotten to put the second tape in that day.
F. Amended Finding of Fact 12:
12. Neaz midnight on October 7, 1499, an altercation began between patrons in
Arnellia's. Those participating in the altercation were removed from the premises. The dispute
continued outside and someone fired shots. A car struck and killed a pedestrian in the pazkinng lot
of the estabtishment. and the bodv was drageed into the middle of University Avenue at that
tune. A large number of officers of the Saint Paul Police Department responded to the scene.
II. Amended Conclusions of Law.
A. Amended Conclusion 5:
5. The Licensee is '
ear�terss. in violation of the condition on its license relatine to maintaining tapes from the video
surveillance cameras on both September 23, 1449 when no taoe was inserted and on October 7.
1999. when the tape was not operated until after the police had been called. ''''-- r:,..-_ ... __ .__�
> > .
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B. Amended Conclusion 6:
: " - - - - - - - :. - - - - -
- :,.- .; ,:- -- - -- - - - - - - - --- - ---- - ..:= - --
6. The short time between the two violarions. and the fact that tbe second
violation was within a week of Licensee beina notified that LIEP would be takine adverse action
based upon the first violation reflect that the Licensee was not making serious efforts to com�l,v
with the condition.
C. Amended Conclusion 7:
7. There is t�e a basis for taking adverse action against the Licensee under
�eeEiens § 310.06 5-- of the Saint Paul Le islative Code for �n��
(b)( ) g� �ie�fl.._.,.___ _
. failure to complv with the condition on the license reauirin¢ that
video surveillance cameras be maintained in eood workina order and that tapes from the caxneras
be maintained for seven davs.
�
oa -s.�s
OFFTCE OF AD1dINISTRATIVE HEARINGS
FOR THE COUNCIL OF TT�
CITY OF SAINT FAUL
In re the licenses held by Metro Baz & Grill, CITY' S FIi�1AL ARGUMENT
Inc., d!b!a Arnellia's
STATEMENT OF FACTS
The Office of License, Inspections and Environmental Protection initiated adverse action
against the licenses held by Metro Baz & Grill, Inc., d/b!a Arnellia's, for violating conditions
placed on the license. 5aint Paul Legislative Code §310.06(b)(5) permits adverse action to be
taken against licenses where the licensee "has failed to comply with any condition set forth in the
license, or set forth in the resolution granting or renewing Che license." There have been license
conditions on the licenses heid by Metro Bar & Grill for several years, and the most recent
revision of those conditions was done after meeting with the license holder and a number of other
interested persons, including LIEP staff and St. Paul police officers. Effective July 8, 1999, rivo
conditions relatin� to secwity cameras were placed on the Iicense. Condition # 11 states:
"Licensee [sic] holder will maintain in good working order at least 4 video surveillance cameras
on the exterior of the building to constantly monitor the exterior of the premises. Tapes must be
maintained for 7 days." Robert Kessler, Director of LIEP, testified that the conditions regarding
the surveillance cameras were put in place as a result of a fatal shooting which took place outside
of Arnellia's. Jackie Hicks, a manager of Amellia's, acknowledged that the licensee had a�reed
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to the conditions and was awaze of them.
On September 23, 1999, a shooting took place outside of Ameliia's. Saint Paul Police
Officer Johnson was sent to the baz to recover the tape from the outside video surveillance
cameras, but was advised by the owner, Arnellia Allen, that there was no surveillance camera
behind the building. The officer advised her that tapes from the other cameras might be helpful
in identifying the suspects. After Ms. Allen contacted her son, Larry Allen, by phone, she
informed the officer that the cameras were not operating the previous evening. S�t. Richard
Munoz also went to Arnellia's to attempt to obtain a video tape of the incident. Ms. Allen stated
that she did not have a tape to give him because the camera in the reaz of the building was
broken, the other cameras were not operating and there was no tape in the recorder.
A Notice of Violation dated September 30, 1999, was sent to Amellia Allen alleging that
the failure to have the video cameras on and taping on September 23, 1999 was a violation of
condition # 1 I of the license. The Notice was served by mail on October l, 1999 on Ms. Allen,
at the licensed establishment, and gave the licensee until October 11, 1499 to respond on how
they would like to proceed. While that matter was still pending, on October $, 1999, there was a
suspected homicide which took place outside of Arnellia's, beginning in the parking lot and
ending up on University Avenue. Once again, pofice went to Arnellia's to obtain videos from ihe
surveillance cameras. The video tape which was obtained was reviewed by several Saint Pau1
Police officers, among them Sgt. Mazk Kempe. Sgt Kempe testified that the video tape which
he reviewed was obtained from the bar by Officer Arno1d, who then took it to the police station
and gave it to Sgt. Younghans. Sgt. Younghans and other officers reviewed the tape. The tape
was played at the hearing, and no claim has been made that the tape is not authentic nor has any
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claim been made that the tape was tampered with.
The tape is divided into four quarters, with one squaze for each of the four outside
surveillance cameras. The upper left hand square is blank; testimony later established that this
camera was not operating for at least two months, and probably longer. The remaining three
squazes show the front door area (lower left screen), the back door azea (lower right screen) and
the east pazking lot (upper right screen). There aze numbers which reflect a date and time, but
these aze not related to the actual date and time of the recording. Tt was Sgt. Kempe's opinion
that the tape was not operating at the time of the incident in the parking lot on November 8,
1999, but that the tape had been tumed on after the police had been called. He based this opinion
upon the review of the tape, which showed a sudden jump in the dates of the tape counter, from
10-30-89 at 8:50 to 11-7-89 at 12:11:42; the abrupt change in the items being viewed (a view of
the front doar with no one outside and a jump to a large crowd of people); and the fact that the
squad cazs can be seen arriving. His conclusion was that the tape had not been
constantly operating, but had been tumed on after the fact.
The �vitnesses presented by the licensee did not dispute that there was no tape from the
incident on September 23, 1949. In fact, Lany Allen acknowledged that he forget to use the
surveillance cameras, despite being told of the conditions on the license. He also admitted that
the tapes were not operating on October 8, 1999 until after the incident occurred, and the police
had been called. His explanation was that he had hit the play, but not the record button on the
tape machine. It also was apparent from the testimony of both Larry and Jerry Allen that one of
the video surveillance cameras (the upper 1eft quarter of the tape) was not operational for a period
of over two months. The witnesses for the licensee seemed to be azguing that the recommended
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penalry of 60 days was too severe because the violation of the condition on the license did not
cause the shooting on September 23, 1999 or the death on October 8, 1999.
ARGL3MENT
The City's burden of proof in this hearing is a preponderance of the evidence; if it is more
likely than not that the licensee violated the conditions of the license, then the City has met its
burden. In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. 1488). The license condition in
question in this matter is Condition # 11, which states:
"11. The Licensee [sic] holder will maintain in good working order at least 4
video surveillance cameras on the exterior of the building to constantly monitor
the exterior of the premises. Tapes must be maintained for 7 days."
Implicit in the wording of this condition is that the video cameras are to be operating, and taping,
at all times that the baz is open. One of the reasons for placing the condition on the license was
to assist police by providing them with possible means of identifying suspects in the assaults,
shootings and other problems being caused by baz patrons after leaving the bar. Clearly, the
licensee violated the condition on September 23, 1999, when no tape was in the video and it was
not being operated, and again on October 7, 1999, when taping did not start until after the
incident occurred.
The Director of LIEP, Robert Kessler, testified that he recommended a suspension of 60
days for the licenses held by Metro Bar & Grill, Inc. He acknowledged that it was a severe
penalty, although he also noted that his initial inclination was to recommend revocation of the
iicenses. He noted that the condition on the license was the result of a meeting with the owner
and management of Arnellia's, as well as Saini Paul police officers, and that the
recommendation for video surveillance cameras was something the police felt would assist them
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in investigating and solving crunes occurring at or azound the bar. The meeting and the
additional conditions on the license were motivated by a murder which occuned outside the bar,
on University Avenue. The conditions were effective July $, 1999. Within a matter of months,
there was another shooting outside of Arnellia's, and only two weeks later, a person was killed in
an incident which was investigated as a possible homicide and which began in the bar's pazking
lot. Officers testified that in both the September 23 and the October 7, 1999 incidents, that the
people involved had been inside the baz as patrons eazlier in the evening. It w�as apparent from
the testimony of Jackie Hicks that she felt the condition tivas unnecessary and that the bar feels no
responsibility for the behavior of patrons once they aze outside the building. However, the bar
had the opportunity to oppose the cond'ations being placed on the license, as imposition of
conditions is an adverse action, pursuant to Saint Paul Legislative Code §310.0�(a). The licensee
chose not to contest the imposition of conditions, and cannot now argue that the conditions aze
unreasonable.
Ms. Hicks acknowledged that there has been a prior adverse action against the licenses
held by Metro Bar & Grill, Inc., based upon the number of shootings which have occurred
outside and around the establishment. Rather than demonstrating concem for the problems
generated by patrons of the establishment, the licensee seems to argue that because the violation
of the conditions did not directly cause the incidents, they should not be punished. In fact, the
continuing neglect of the conditions regazding the surveillance cameras is both a serious
violation; and contributes to the ongoing probiems outside the bar. As long as the establishment
ignores the condition to have cameras monitoring both inside and outside the premises, the police
aze denied access to valuable evidence to solve felony-level and other crimes occurring just
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outside the doors of the baz. In both the September 23 and October 7, 1999 incidents, the
participants were patrons of the baz; although they did not commit the crirnes inside the building,
they were present outside the building because they had been at the baz. The licensee obviously
benefits from the custom of its patrons by chazging them for food and aIcohol. Thas is conduct
permitted by the licenses it holds. It would be unfair to say that the establishment can benefit
from the licenses it holds but escape all responsibility for the obligations irnposed on the licenses
by the Office of LIEP.
The sanction recommended by the Office of LIEP is warranted by the inaction of the
license holder in implementing the conditions agreed to. The conditions were to be effective on
July 9, 1999. It was apparent from the testimony of all of the witnesses for the Iicensee that no
training had been done with employees to advise them of the importance of the conditions or
how to implement them. Thus, on September 23, 1999, the cameras were not even operating.
Despite receiving a Notice of Violation advising them of the failure to abide by the conditions, it
was only two weeks later that Larry Allen elther failed to turn the recorder on or failed to tum it
to record untii after another instance of violent behavior required a call to the police. Oniy then
did the cameras actually begin to record.
Further evidence that the attitude of the licensee towards the condition was lackadaisical
at best was the testimony regarding the fourth surveillance camera, which was determined to be
malfunctioning in August of 1999, and which was still inoperafive at the time of the October 7,
1999 incident, two months later. The testunony made it cleaz that°there was no sense of urgency
about gettina the camera replaced once the bar finally realized that it was not functianing. There
was no clear responsibility for taking chazge of the repair or reinstallation, and Larry Allen, the
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manager, appazently relied upon his mother's statement that Eazl AlIen had been contacted to
come install the caznera without checking to see that it was done or to have it done in a timely
fashion. When asked if anyone ever reviewed the tapes, Larry A11en stated that he did not, and
Jackie Hicks believed that it wasn't incumbent upon the bar to do so. This lack of responsibility
for checking the tapes meant that they couldn't be sure the cameras were in worl:ing order, and
further demonstrates the fact that they did not take the condition on the license seriously,
The Office of LIEP made every effort to work with the licensee to deal with concems
about the violent incidents taking place outside Arnellia's by meeting with them to develop
conditions that would deal with the problem. Both the testimony of Jackie Hicks, and the actions
and inactions of Larry and Jerry Allen make it cleaz that the employees of the licensee do not
take the condition seriously and do not feel it is necessary. No training was ever done on how to
implement the condition, it appeats that when the cameras are turned on and off was largely a
matter of personal decision by the individual employee, and no effort is made to see that the
cameras are functioning properly by reviewing the tapes. The mere fact that on the two
occasions that the police looked for tapes to assist them in investigating crimes the tapes weren't
available because the recorder had not been used or had been improperly used, warrants a severe
penalty, but added to that, the recommended penalty of a sixty-day suspension is warranted
because the testimony shows that ttus was not a one-time lapse on the part of the licensee, but
part of a general disregazd for the condition. Additionally, this is a second adverse action against
the licenses held by Metro Bar & Grill, Inc.
CONCLUSION
The City has met its burden of showing that the licensee violated Condition #11 on the
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license on both September 23, 1999 and October 7, 1999, because the licensee failed to have a
tape in and the machine operating at all on September 23` and failed to have the machine
continuously monitoring and recording on October 7`". These violations occurred in short period
of time, were part of a continuing pattern of indifference to the condition being imposed on the
license, and were a result of her failure to convey the importance of the condition to her
employees or train them in its implementation. The argument that these violations aze not
serious because they did not cause the incidents themselves simply underscores the fact that the
licensee does not consider the condition to be unportant, as does her manager's tesrimony that
the condition is unnecessary and was only imposed because the Director of LIEP doesn't like the
bar. The Office of LIEP has worked with the establishment to deal with the problems caused by
some of the patrons of the bar, and the licensee's failure to abide by the conditions and take
responsibility for their part in the problems wanants a severe sanction.
Respectfully submitted this 18'h day of February, 2000.
� � ��
Virginia D. almer (Atty Lic. # 128995)
Assistant City Attnmey
400 City HalUCourthouse
15 W. Kellogg Boulevard
Saint Paul, MN SS 102
(651)266-8710
�
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Nancy Andevson -1tem #32 . May_10 Council Agenda_ ___._ _ , _ _„_ _ . . __ Page 1 .
• � � S��
From: Nancy Mderson
To: Council ,
Date: 5/9/00 2:32PM
Subjecf: Item #32 - May 10 Council Agenda.
FYI -
The City Attomey's Office has requested that Item #32 on tfie May 10th Council Agenda (Report of the
Administrative Law Judge conceming all licenses held by Metro Bar & Grill, dba Arnel{ia's, 1163 University
Avenue, be I.AID OVER TO June 7th for Public Hearing. (This date was requested by Attorney for
Arnellia's.)
CC: Byrne, Phil
� 5�5
CITY OF SAINT PAUL
Norm Colemars, Mayor
October 25, 2000
CITIZEN SERVICE OFFICE
Fred OwusK �}' Qerk
i�o cuy aou
ZS W. %ellogg Boulevmd
SaixtPmr�Minnesota SSIO2
TeL: 651-2668989
Fax: 651-266-8689
A'eb: hdp://www.stpauLgm
TDD: 26(r8509
At the direction of Saint Paul Assistant City Attorney, Virgnua Palmer, the original copies of all
documentation relating to Council File #00585 a resolution to suspend the license of Metro Baz &
Grill d/b/a Arnellia's and adopt the Report of the ALJ with exceprions and aznendments, have been
sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File
Number: C6-00-1156.
The copies haue been filed as the original documents in the City Clerk's office files.
,�°�� K, ((�;� ��
Fred Owusu
City Clerk
<��� � /Jd�
Shari Moore
Deputy City Clerk
� �
COURT OF APPEAI,S NIIMBER:C6-06-1156
IND&% OF COIINCIL FILE (C.F.) DO-585
DOC.
NUMBER
1
2
DATE
6-21-00 Resolution and Green Sheet suspending the
(date , license of Metro Bar & Grill d/b/a
adopted Arnellia's and adopting the Report of the
by ALJ with exceptions and amendments
Council)
6-1-00 Letter from State Representative Andy
Dawkins offering opinion that Arnellia's
license not be suspended.
NIIMBER
OF
PAGSS
5
1
3. 4-20-00 Notice of Public Hearing letCer sent to 11
Attorney Mark Vaught by Assistant City
Attorney Virginia Palmer regarding 1-26-00
Findings of Fact, Conclusions of Law and
Recommendation of the Administrative Law
Judge.
4. 5-3-00 Letter from Virginia Palmer to Mark Vaught 17
regarding the City's Exceptions to the
Findings of Fact, Conclusions of Law and
Recommendation of the ALJ. Includes
City's Final Argument - Statement of Facts
5. 5-9-00 Memo to City Council from Nancy Anderson 1
regarding laying over of item #32 on the
May 1�"' Council Agenda to June 7 for a
Public Hearing.
6. 144 petition cards requesting the City 144
Council to support the findings of the caras in
ALJ, as it relates to not sanction i
Arnella's. envelope
7. 6-21-00
8. 6-21-00
Videotape of 6-21-00 Saint Paul City
Council meeting.
Summary minutes of 6-21-00 Saint Paul City
Council meeting.
DOCUMENTS RETURNED SY TA& ALJ
RECEIVED IN THE CITY CLERK'S OFFICE 4-5-00
L�
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4-4-00 Letter from Phyllis Reha, Administrative
Law Judge, to the City Council regarding
the Findings of Fact, Conclusions and
Recommendations.
3-6-00 Letter from Virginia Palmer to the ALJ
Phyllis Reha regarding City's Rep1y
Memorandum.
1 tape
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12
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11
12
13
3-6-00
3-2-00
a-is-oo
Fax cover from Mark Vaught to Phyllis Reha
regarding no further submissions in the
Metro Bar & Grill matter.
FaY £rom Mark Vaught to Phyllis Reha
summarizing and presenting Respondent's
view of the evidence_
Letter from Virginia Palmer to Phyllis
Reha enclosing the Final Argument on
behalf of LI&P.
14. 2-28-00 Letter from Phyllis Reha to Virginia
Palmer granting her request to extend the
period for reply briefs. Attached is the
letter from Virginia Palmer requesting the
extension.
15. 12-15-99
16. 1-26-00
17. 9-30-99
18.
19. 9-23-99
20. 9-23-99
21. 9-30-99
22. 11-8-99
23. 10-29-49
24. 11-10-99
25. 12-15-99
26. 10-7-99
Letters from Virginia Palmer and Peter
Pangborn announcing Notice of Hearing to
Arnellia Allen.
List of City's proposed exhibits.
City's Exhibit #1, License Information
Report
City's Exhibit #2, License conditions for
Metro Bar & Grill dba Arnellia's
City's Exhibit #3, Police report prepared
by Officer Gerald E. Johnson
City's Exhibit #4, Police report prepared
by Sgt. Richard J. Munoz
City's Exhibit #5, Notice of Violation
City's Exhibit #6, Police report prepared
by Sgt. Mark C. Kempe
City's Exhibit #8, Letter from Ms.
Arnellia Allen to Robert Kessler
City's Exhibit #9, Notice of Second
Violation
City's Exhibit #10, Notice of Hearing
City's Exhibit #7, Videotape from
Arnellia's
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1 tape
�� _
STATE OF MINIVESOTA
IN COURT OF APPEALS
Metro Bar & Gri13, Inc., dtbla Arneliia's,
Petitioner,
WRIT OF CERIORARi
►��
COURT OF APPEALS
FILE NO.e.� —� — � 15 �
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COUNCIL FILE NO. 00-58�
DATE OF DECISION:
ADOPTED: TUNE 21, 2000
APPROVED BY MAYOR:
JUNE 27, 2000
TO: The City of Saint Paul and the City Council of the City of Saint Paul:
You are hereby ordered to return to the Court of Appeals within ten (10)
days after the date xealtor's brief is due the record, exhibits and proceedings in the
above-entitled matter so that this Court may review the decision of the City Council
issued on the date noted above.
Copies of this Writ and the accompanying Petition shall be sen�ed torthwith
either personally or by mail upon the City of Saint Paul as follows:
City Clerk
170 City Hail
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
�
And upon the attorney for the City of Saint Paul as foilows:
Virginia Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Boulevard
saint Paul, Minnesota 55102
Proof of service shali be f51ed with the Clerk of the Appeliate Courts.
Clerk of Appellate Courts
iL.
Aated: July _, 2000
- A .
By: �l, � ��� a l.F�
Ass�stant C?erk
(Clerk's File Stamp)
2
S. MARK VAUGHT
Attorney At Law
auiy �, a000
Sui[e 700
Six West Fifth Stteet
Sainc Paul, Minnesora 55102-1412
(651)297-6400
FAX (651) 22q-8328
e-maii: markvaught@worldnet.att.net
Mr. Frederick K. Grittner
Clerk of Appellate Courts
Minnesota Judicial Center
25 Constiturion Avenue
Saint Paul, MN 55155
RE: Metro Bar & Grill, Inc. vs. Citv of Saint Paul
Dear Mr. Grittner:
t��EIVE�
JUL 7 2Q00
c►rr �,��
Enclosed you will find with respect to the above-entitled matter the
following:
1. An original and the requisite nuraber of copies of a Petition for a Writ
of Certiorari with attachments;
Z. An original proposed Writ of Certiorari;
3. An original and the requisite number of copies of Petitioner's
Statement of the Case;
4. An original and the requisite number of copies of Petitioner's Notice
of Mot'son and Motion requested an emergency stay of the license
suspension handed down by the Saint Paul City Council in the matter;
5. An original and the requisite number of copies of the Affidavits of
Jackie Hicks and S. Mark Vaught offered in support of the Motion for
a Stay; and
6. A check in the sum of $250.00 to cover the cost of the filing fee.
Please see that the documents are properly filed. Additionally, the Motion
needs to be heard on an emergency basis as the license suspension is scheduled to go
into effect at 12:01 a.m. next Wednesday, July 12, 2000. As a courtesy in helping
her to respond to the motion I have already provided a copy of the enclosed
documents to Virginia Palmer, Assistant City Attorney.
Very truly yours,
S. Mark Vauaht
Attorney at Law
cc Virginia Palmer, Assistant City Attorney
Fred Owuzu, Saint Paul City Clerk
��
�
STATE OF MINNESOTA
IN COURT OF APPEALS
�Pp QF TFE O��a-fe
JUL 0 7 200Q
:_ ��LEC�
Metro Bar & Grill, Inc., dlbla Arnellia's,
Petitioner,
vs.
PETITION �'OR WRIT
OF CERTIORARI
COURT OF APPEALS
FILE NO � "QQ _ , ` � �
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COiJNCIL FILE NO.OQ-585
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
JLJNE 27, 2000
DATE AND DESCRIPTION OF
EVENT TRIGGERING APPEAL:
JUNE 27, 2000; MAILING OF
CITY COUNCIL RESOLUTION
TO
The Court of Appeals of the State of Minnesota:
Tbe above-named Petitioner hereby petitions the Court of Appeals for a Writ
of Certiorari ta review a decision of the City Council of the City of Saint Paul issued
on the date noted above, upon the following grounds:
1. On June 21, 2000, the City Council of the City of Saint Paul, acfing in
a quasi-judicial capacity, passed a resolution, approved by the Mayor on June 27,
2QOQ, suspending all licenses held by Petitioner at 1183 University Avenue, Saint
Paul, Minnesota, for a period of forty-five days (45), fifteen (15) days of which to be
stayed.
2. In passing said resolution, the City Council made tbe following errors:
A. Acted arbitrarily and capriciously in rejecting many of the findings of
fact and legal conclusions of the Administrative Law Judge and in not
adopting the reasoning and recommendation of the Administrative
Law Judge that the matter be dismissed.
B. Failed to accord Petitioner equal time to present its case as was
permitted the attomey representing City licensing officials
constituting a denial of Petitioner's due process rights.
C. Failed to accord Petitioner an opportunity to rebut the inflammatory
and irrelevant testimony from certai» witnesses, who had not
previously been heard and who testified after the completion of
Petitioner's testimony, constituting a denial of Petitioner's due
process rights.
D. Failed to exclude the irrelevant and inflammatory testimony
regarding unrelated incidents of violence by certain witnesses
constituting arbitrary and capricious action.
E. Acted arbitrarily and capriciously in reliance on inflammatory and
irrelevant testimony regarding the general subject of violence and
specific acts of violence from witnesses and comments in the same
regard by Councilmember Blakey in arriving at a decision in this
matter.
F. Acted arbitrarily and capriciously in imposing the severe penalty in
this case, both with respect to the nature of the alleged violations and
with respect to its own statutory regulatory scheme of matrix
penalties for certain sorts ofviolations?
G. Erred and acted arbitrarily and capriciously in concluding that there
were violations of license conditions by the Petitioner in this matter.
H. Acted arbitrarily, capriciously, illegally and in contravention of the
provisions of Saint Paul Legislative Code Chapter 310.05(c-2) by
engaging in ex parte contacts or discussions with each other or third
parties regarding these matters outside the public record or final
Council deliberations.
Review of the decision of the City Council by the Court of Appeals pursuant
to issuance of a Writ of Certiorari is authorized by past decisions of this Court and
the Supreme Court of the State of Minnesota.
Dated: July 7, 2000
� +,�✓� ��%GGc�
S. Mark Vaught (Atty. No. 1519)
Attorney for Pefitioner
Suite 700
Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-832& (fax)
markvaueht(a�worldnet.att.net
OFFICE OF LICEtiSE. INSPECTIONS .1DID
ENYIRO`1MENTAL PItOTECTION
Robert Kess(er, Direaoi
CITY OF SAINT PAUL
.NOrm Co(eman, :Kayor
June 27, 2000
LOK'RY PROFESS/O.NAL
BUILtl[NG
Suite 300
350 St. Perer S[reet
Soiu Paul, :1linnesata SJIO2-I510
NOTICE OF LICENSE SUSPENSION
Amellia Allen, President
Metro Bar & Grill, Inc. dba Amellia's
1183 Universiry Avenue West
Saint Paul, MN 55104
Dear Ms. Allen:
?e[ephane: 651-2E690A7
Fatslrule: Qi1-2665YN9
6�7-266-9f24
Enclosed is a copy of City Council Resolution Number 00-585 which suspends all
the licenses issued to you by the City of Saint Paul for a period of forty-five (45)
days with fifteen (15) days stayed for the followin�:
Violations occurring on September 23, 1999 and October 8,1999
of the condition on the licenses requiring that there be video
surveillance cameras operating on the exterior of the building
and that t�pes be maintained for seven days.
The suspension was adopted by the Saint Paul City Council in final written form at
the CounciPs regulaz meeting on June 21, 2000.
The effect of this notice is that no business operations shall be permitted for thirty
(30) days beginning at 12:01 a.m. on Wednesday, July 12, 2000 through 11:59 p.m.
Thursday, Au�ust 10, 2000. This is a serious matter that demands your adherence.
Absolutely no sale, consumption or display of alcohol shall be permitted on the
licensed premises during this �vhole period.
Please contact me at 266-9108 if you have any questions re?ardin� this matter.
Sincerely,
C V � �L-
Christine A. Ro2ek
Deputy Director
[�.7�i7
A j�-�
cc: Commander Dan Cazison, SPPD-Western District
Robert Kessler, Director-LIEP
Peter Pangborn, Legal Assistant
Kris Schweinler, Senior License Inspector
S. Mazk Vau�ht, Attomey at Law
Administrative Law Judge
ORIGINAL
Presented By
Referred To
RESOLUTION
CITY OF SAINT P.
Council File # � .. C QS
Csreen Sheet � c�y3 ti�
Date
i�}
i RESOLVED, that the licenses held by Metro Bar & Grill, Inc_ dJUla Amellia's for the
2 premises at I 183 University Avenue in Saint Pau1(License ID# 54523) aze hereby suspended
3 for a period of forty-five days, fiReen of the days to be siayed, for the violations occurring on
4 September 23, 1999 and October 8, 1499 of the condition on the licenses requiring that there be
5 video surveiilance cameras operating on the exterior of the building and that tapes be maintained
6 for seven days. The suspension shall begin on the third Wednesday following passage and
7 approval of this resolution
9 FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the
10 ALJ Report in this case dated May 3, 2000 aze adopted as the written findings and conclusions of
11 the Council in this matter, except as amended below. The reasonin� of the Memorandum of the
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ALJ attached to the findings and conclusions is not adopted. The recommendation of the ALJ for
dismissal of the adverse action against ttte Iicenses is also not accepted.
FURTHER RESOLVED, that the following amendments to the ALJ Report aze hereby
adopted:
1. Finding of Fact No. 3 is hereby amended to read as follows:
n3 ,
. . Conditions nave been
placed on the licenses for Amellia's for a number of vears. The
conditions have been the result of discussions with the license
holder. the neighbors, the police and LIEP and have been desi n�ed
to deal with oroblems caused bv patrons of Arneilia's. These
restrictions include imposing a dress code on customers, requiring
picture identification, banning individuals from the premises,
screening music played on the premises for inappropriate content,
using a metal detector to exciude weapons from the premises, and
providing security to ensure orderly 6ehavior on the premises."
2. Finding of Fact No. 5 is hereby amended to read as follows:
"5. After agreeing to the conditions regazding the video
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surveillance system, a manager at Amellia's developed a system to
be followed for taping. The first tape of the day would be started
when the establishment was opened for business, azound noon each
day. When that tape ran out, another employee inserted the second
tape. That tape would record until after closing. Tapes were kept
for a week and then reused for taping. Lam Alien testifred that the
tapes were not alwavs started ri t at openine. and that there was
no one emolovee responsible for insurin¢ that the tape was
ooerarina."
Finding of Fact I3o. 6 is hereby amended to read as foliows:
"6. In August, 1999, Ameilia Allen discovered that one of the four
surveillance cameras was not working properiy. The camera
operated properly in daylight, but did not rehun a ciear image at
night. The contractor who inirially installed the system, Eazi Ailen,
was contacted in early August, and he examined the system
approximately ane week later. The contractor concluded that a new
camera was required and it was ordered from the manufacturer in
California. Jerry Allen paid the contractor to order the camera on
August 13, 1999. The date that the camera was ordered by ihe
contractor is unknown. The failure to have this fourth camera in
workine order was not listed as a basis for adverse action."
Finding of Fact No. 7 is hereby amended to read as follows:
"7. The camera was delivered to Ameilia's in eazly September.
The contractor was notified that the camera had arrived. The
camera had still not been instailed bv the October 7. 1999 date. and
testimony 6v Jemr Atlen at the hearine was that he did no follow-
un to see what the delav was in installing the camera."
Finding of Fact No. 8 is hereby amended to read as follows:
"8. On September 23, 1999, a shooting incident occurred in the
alley behind Amellia's. Testimonv bv the �olice established that
the participants had been patrons of Amellia's eazlier in the
evenine" Sergeant Munoz of the Saint Paul Police Department
went to Amellia's to obtain the videotape of the imagery captured
by the video surveiilance camera. Sergeant Munoz was informed
that there was no tape available for that evening. Larry Allen had
forgotten to pui the second tape in that day."
Finding of Fact No. 12 is hereby amended to read as folIows:
"12. Neaz midnight on October 7, 1999, an altercation began
between patrons in Amellia's. Those participating in the
aliercation were removed from the premises. The dispute
b0 —S$S
1 continued outside and someone fired shots. A caz struck and killed
2 a pedestrian in the garkine lot of the estabiishment. and the bodv
3 was draesed into the middle of University Avenue at that time. A
4 large number of officers of the Saint Paul Police Department
responded to the scene."
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7. Conclusion o£ Law No. 5 is hereby amended to read as follows:
"5. The Licensee is �
. in
violation of the condirion on its license relatin¢ to maintainine
ta_pes from the video surveillance cameras on both Seotember 23.
1999 when no tape was inserted and on October 7. 1999, when the
tape was not operated until after the �olice had been called. �ke
-, ��
, > �
D o ^Sgs
Conclusion of Law No. 6 is deleted and a new Conclusion of Law No. 6 is adopted
to read as follows::
Y. _ _ _ _ _ _ _ _ _ _ _ _ -
"6. The short time between the two violations. and the fact that
the second violation was within a week of Licensee bein2 notified
that LTEP would be takina adverse action based npon the first
violation reflect that the Licensee was not makine serious efforts to
comglv with the condition."
9. Conclusion of Law No. 7 is hereby amended to read as follows:
"7. There is ne a basis for taking adverse action against the
Licensee under 8eetiens � 310.Ob(b)(5) --'� "m�^�r.'rA of the Saint
Paul Legislative Code for
sqstem- failure to com� with the condition on the license
requirine that video surveillance cameras be maintained in good
working order and that tapes from the cameras be maintained for
seven davs.
This Resolution is based on the record of the proceedings before t4ie ALJ, including ihe
hearing on January 26, 2000, the documents and exhibits introduced therein, the findings of fact
and conclusions of law of the ALJ as referenced above, the written submissions by counsel for
the pazties, and the arguments and statements of the parties and the deliberations of the Counci3
in open session on June 7, 2000.
2
�
00 —$$S
A copy of this Resolution, as adopted, shall be sent by first class mail to the
Administrative Law Judge, and to the Licensee's attomey, S. Mark Vaught.
Requested by Departmeat of:
By:
Fozm Acproved b City Attoraey �
ey ` ��,�..��
Approved by Mayor for Submission to Council
B Y� �r,"���\ � �� By:
Appzoved Sy Mayor: Date �?1G �� s.�yQ
ey r
��
Adopted by Couacil: Date �� �00
Adoptioa Certified by Couaci ecreta�
,
9-2111-12640-3
STATE OF MINNESOTA
OF�ICE OF ADMINISTR.4TIVE HEARfNGS
FOR THE CITY OF ST. PAUL
!n the Matter of All �icenses Held by
Metro Bar & Grill, Inc., d/b/a AmelGa's, for
the Premises at 1183 University Avenue,
Saint Paul, License I.D. No. 54523.
FINDINGS OF FACT,
CONCLUSlONS OF LAW
AND RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law Judge
Phyliis A. Reha, acting as a hearing officer for the Saint Paul City Council, commencing
at 930 a.m. on Wednesday, January 26, 2000, at the Saint Paui City Hall(Ramsey
County Courthouse, Room 41, 15 West Kellogg Bou4evard, St. Paul, Minnesota. The
hearing was held pursuant to a Notice of Hearing dated Decembes 15, 1999.
Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West
Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behaif of the City's O�ce
of License, Inspections and Environmental Protection (LIEP). S. Mark Vaught, Attorney
at Law, Six West Fifth Street, Suite 700, Saint Paul, Minnesota 55102-1412, appeared
on behaif of the Licensee (hereinafter "Amellia's" or "Licensee"). The record closed on
March 7, 2000, with the receipt of the last post-hearing submission.
NOTICE
This Report contains a recommendation and not a final decision. The final
decision will be made by the Saint Paul City Councii, which may affirm, reject, or modify
the Fi�dings and Conclusions contained herein. The Councii will consider the evidence
in this case and the .Administrative Law Judge's recommended Findings of Fact and
Conc(usions, but wiii not consider any factual testimony not previously submitted to and
considered by the Rdministrative Law Judge. The Licensee wiil have an opportunity to
present oral or written arguments regarding its position on the recommendation of the
Adm+nistrative �aw Judge in the application of the law or interpretation ot me r'acts anci
may present argument related to its position. The Counci('s decision as to what, if any,
adverse action shall be taken will be by resolution under § 310.�5 of the St. Paul
Legis{ative Code. Te ascertain when the Council wi4l consider this matter, the parties
should contact the Saint Paul City Council, Room 310, St. Paul City HaIlfRamsey
County Courthouse, 15 West Kellogg Boulevard, St. Paui, Minnesota 55102.
STATENIENT OF ISSUES
The issues in this matter are whether licensee vioiated conditions on its license
by fail+ng to maintain video surveillance of the exterior of the licensed premises and
failing to recard that imagery, and, if so, what penalty is appropriate.
Based upon ail of the files, records and proceedings herein, the Administrative
Law Judge (ALJ) makes the foliowing:
FiNDINGS OF FACT
1. Metro Bar & Griil, lnc. is a corporation doing business as Arneliia's at 1183
University Avenue, Saint Paui, Minnesota 55104. The corporafion is owned by Amefiia
Allen. Amellia's has an Entertainment (B) license, a Gam6ling Location (B) ficense, a
CigareitelTobacco iicense, and two �iquor On-Sale licenses. Amellia's licenses remain
va{id pending the oufcome of this proceeding. The business is owned by Amel(ia Allen.
The manager is her son, Jerry Allen. Jerry Ailen's brother, Larry Aflen, is employed by
Ame4lia's to provide security.
2. Ame!!ia's is located directly on University Avenue. To the west on fhat block
is Antiques Minnesota. To the east side of Amellia's is a parking lot and the Midway
Cas Wash. i o ihe north sicle is an ailey, with some parking and a dumpsier. Four
extemai video cameras have been in place on the building for approximately six years.
One camera prov+des a view of the front door on the south side of the 6uilding, one
camera observes the north side around the back door of Arneifia's (near the dumpster),
and the other two cameras provide different angles of the parking lot on the east side of
the building. Signs posted on the buiiding state that video surveifiance is being
conducted. The v+deo cameras send images to a monitor, wh+ch displays a picture for
each camera together on the same screen.
3. The area in the vicinity of ArneNia's is subject to frequent police ca11s and
significant levels of crime. To address these neighborhood prob(ems and prevent any
exacerbation of those probfems, Arnellia's operates ifs business under a number of
restrict+ons that have been in place for years.' These restrictions include imposing a
dress code on customers, requiring picture ident�cation, banning individuals from the
prem+ses, screen+ng music played on the premises for inappropnate content, using a
metal detector to exclude weapons form the premises, and providing security to ensure
orderly bel�avior on the premises.
4. ln May, 1999, a man was shot and killed while in a car parked in front of the
Midway Car Wash? In response to that killing, management at ArneHia's met with the
Sai�t Paul Police, LIEP, and community representatives to determine what additional
efforts couid be made to address violent acts in the vicinity of Amellia`s. fihe Licensee
agreed to add taping equipment to its existing video survei{lance system. This
additionaf condition became effective on July 8, 1999 and states:
Licensee hoider wil{ maintain in good working order at least 4 video
surveiilance cameras on the exterior of the buiiding to constantiy monitor
the exterior of the premises. Tapes must be maintained for 7 days.
5. After agreeing to the conditions regarding the video surveiilance system, a
manager at Arnellia's developed a system to be followed fior taping. The first tape of the
' The entire list of restrictions, identified as conditions on Arnellia's license, is attached as Appendix A.
The iist of conditions includes the subsequently agreed-to c,�nditions regarding the video cameras.
Z Midway Car Wash is located at 1169 University Avenue.
3 Exhibit 2.
2
day wouid be stasted when the establishment was opened for bus+ness, around noon
each day. When that tape ran out, another employee inserted the second tape. That
taQe wouid record until after closing. Tapes were kept for a week and then reused for
taping_
6. {n August, 1899, Arnellia Alien discovered that one of the four surveiilance
cameras was not working properly. Tiie camera operated properly in day{ight, but did
not reium a clear image at night 4 The contractor who initially installed the system, Earl
AI4en, was contacted in early Augusf, and he examined the system approximately one
week later. Tfie contsactor conciuded that a new camera was required and it was
ordered from the manufacturer in Caiifomia. .ferry Aflen paid the contractor to order the
came�a C�i QU9USi 1?, ?�Q9. Th? date that the camera �a;as orc! 5�j }iI �ort:ra tS
unknown.
7. The camera was delivered to Amell+a's in early September. The contractor
was notified that the camera had arrived.
8. On September 23, 1999, a shooting incident occurred in the alley behind
Arneliia's. Sergeant Munoz of the Saint Paul Police Department went to Arneilia's to
obtain the videotape of the image+y captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for tfiat evening. Larry
Ailen had forgotten to put in tne second tape on that day.
9. Ameflia's responded to the faiiure to tape by modifying its system of taping.
Longer duration videotape was puschased, the employees responsibie for the system
were instructed to make certain that a tape was in the machine, and the system of
reTaining videotapes was modified.
10. On September 30, 1999, the Saint Paul City Attorney's Office issued a
IVotice of Violation to Amellia's. The Notice +ndicated that on September 23, 1999, the
Licensee failed to have its video cameras on and taping and that constitutes a violation
of the video surveiilance condition on Arneliia's license. No citation was made in the
NoUce of Vioiation to what provision of the Saint Paul Legislative Code was alieged to
have been violated and no suggested penalty was indicated.
11. On October 7, 1999, Larry Allen was working the evening shift at
Amellia's. At about 8:00 p.m., Larry Ailen switched the videotape tor the tape that had
been recording since Arnellia's opened that moming. When he activated the video
recorder, he inadvertentiy pressed the "play" button rather than the "record" butto�.
12. Near midnight on October 7, 1999, an altercation began beiween patrons
in Arneliia's. Those participating in the altercation were removed from the premises.
The dispute continued outside and someone fired shots. A car struck and kilied a
4 The image returned by that camera at night wouid only show objects with their own illumination, such as
automobiie headlights and taiilights.
5 Ead Aflen is no reiation to Arneflia Allen, Jerry Allen, or Larty Allen.
6 Exhibit 5.
3
pedestrian in the middle of University Avenue at that time. A large number of officers of
the Saint Pauf Police Department responded to the scene.
13. Larry Allen had been observing the incident outside Ameilia's. He went in
to check on the videotape system and noticed for the firsf time that evening that the
recocder had been set to play, rather than record. He immediately stopped the tape and
began recording. An officer of the Saint Paui Po{ice Department entered a few minutes
later and requested the videotape. Larry Allen gave the officer the videotape.
14. In mid-October, the contractor retumed to Amellia's and instailed the new
camera. The instal(ation of the new camera aliowed nighttime images from a second
ang{e in th� parking !ot to �e recosded �n tl�e �lGR.
15. As a result of the October 7 error in operating the VCft, Arnellia's again
modified how the videotaping system was to operate. A three-week rotation ofi
videotape was instituted. Each staff member at Amellia's was insYructed to check the
operation of the VGEt throughout the work shift. Any staff member observing anything
unusuaf about the monitor or VCR is instructed to report to the manager on duty.
16. On November 10, 1999, the Saint Paul City Attomey's Office issued a
Notice of Second Violation to the Licensee. The Notice stated that on October 7, 1999,
Arnetlia's failed to have its video cameras on and taping and that constitutes a violation
of the video surveillance condition on Ame!(ia's license.' No citation was made in the
Notice of �olation to what provision of the Saint Paul tegislative Code was a{leged to
have been vioiated and no suggested penaity was indicated.
17. On December 15, 1999, the Assistant City Attorney, Virginia D. Palmer,
issued a Notice of Hearin� in this matter. The Notice of Hearing identified the hearing
date as January 26, 1999.
18. The misidentification of the date of the hearing in the notice of this matter
did not cause any confusion for Licensee. Licensee was not prevented from fiuily
participating in the hearing due to fhe erroneous date.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSiONS
1. The Administrative Law Judge and the Saint Pauf City Counci4 have
authority to consider the charges against the respondent and the penaity, if any, that
should be paid the city pursuant to Sec. 310.05 of the St. Pau( Legisiative Code.
' Exhibit 9.
8 Exhibit 10.
C!
2. LIEP has substantiaily complied with al{ relevant substantive and procedural
legal requirements.
3. The Licensee received adequate and timely notice of the hearing and of the
charges against it.
4. L1EP has the burden of proof to estabiish, by a preponderance of the
evidence, that the respondent violated the conditions ofi its licensure.
5. The Licensee is in substantiaf compfiance with t�e conditions of its license
through the installation and operation of a videotaping system attached to its video
surveillance cameras. The failure to record the images captured by the video
surveillance cameras outside the licensed premises on September 23 and October 7,
'1999, was inadvertent by the Licensee.
6. The efforts made by the Licensee to repair the malfunctioning camera
compiied with the condition that four video cameras be "maintained in good woricing
order" outside the business premises.
7. There is no basis for taking adverse action against the �icensee under
Sections 310.06(b)(5) and 409.10 of ihe Saint Paui Legisiative Code for the operation of
its video surveillance system.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
foilowing:
REGOMMENDATlON
IT IS HEREBY RECOMivIENDED: That the Saint Paul City Council diSMISS the
action against the licenses held by Metro Bar & Griil, Inc.
Dated this � day of April, 2000
��� 1�I �`-�Y�.ei• �:.�,, �
PHYLLI A. REHA ;�'���—
Administrative Law Judge
Reported: Taped, three tapes
MEMORANDUM
Three incidents of violence are the motivation for bringing this action against the
Licensee. A kiiling in May, occurring in front of the business next door; a shooting in
September, occurring in the ailey behind the business; and a shoot+�g in October,
ti
resulting in a pedestrian being struck by a car and killed. There +s no evsdence in the
record of this matter that any of these incidents took place on the licensed premises 9
In response to the May kiliing, the conditions under which Arnellia's operates
were reconsidered. Conditions regarding video surveiilance were added. The language
of the new condition itself is ambiguous, since that language does not expressly require
that the imagery captured by fhe exterior video surve+llance cameras be recorded.
There is no disQute, however, that bofh LIEP and Amellia's understood the condition to
require the addition of a VCR and recording the imagery from those cameras.
The record in this matter is clear that Arnellia's impiemented the new requirement
consistent with its agreement. At first, tapes of six and eight hours in duration were
use�' to co��er the �au�t°°n ho!;rs per da� thai �meUia's s o�2n. F,°er a�erioa cf trial
and error, Amellia's discovered that additionaf time was needed to ensure that the
videotaping covered the entire time the estabiishment was open. Arnellia's then
switched to two eight-hour tapes per day. During this period sfafF discovered, also by
trial and error, that the extended play option must be selected to ensure that the eight-
hour tape covers all eight hours.'� No one at Arnellia's was able to set the date and
time feature on the VCR.
The second act of violence near Arne4lia's was a shooting that took place in the
alley behind the building on September 23, 1998. The victim in that incident was struck
in the foot. The Saint Pau1 Police sought the videotape from that evening to essist in
their investigation of the incident. There was no tape from that evening, since Larry
Allen had fiorgotten to put a tape in the VCft. ArnelVia's responded to the error by
reviewing the system that had been established for videotaping, adjusting that system to
ensure that the VCR was being activated at the appropriate times, and reminding the
responsible employees that the taping was a requirement.
The third act of violence occurred on October 7, 1999. At approximate(y 8:00
p.m. on that date, Larry Allen changed the videotape in the VCR for the evening. He
inadvertent{y pressed the wrong button on the VGR after inserting the new tape.
Around m+dnigfit, an altercation started in Arnellia's. in accordance with the
establishmenYs policy, the participants were ejected from Amellia's. Those persons
co�tinued their dis�uSe cutside and shots �vese fired. A cer ±.hsr: s±r�_ck a�ed�strsas? 'sn
University Avenue and that pedestrian was kifled.
After seeing the events outside, Larry Allen went to check on the VCR. At that
time he discovered that it was in "play" mode, rather than "record" mode. He
immediately began recording. At the hearing in this matter, Larry Alien acknowledged
his mistake.
LIEP maintains that viofation of any condifion is sufficient to take adverse action
against Arneliia's license. The serious consequences on September 23 and October 7
are asserted to be justification for a penalty of sixty days suspension. Amellia's points
9 Several witnesses suggesYed that the automobile striking the pedestrian was exiting Amellia's parking
lot.
i0 Whiie Co�dition 11 states that the cameras must monitor the exterior continuousty, botfi Amellia's and
LfEP understood the taping requirement to be only during business hours.
" The othes option, standard play, provides better video quality but much shorter duration.
�
out that there is no evidence that any videotape from either evening wouid have
prevented the fncidsnts or materially aided the Saint Paui Poi+ce in their subsequent
invesfigations.
Section 310.06(b)(5) authorizes adverse acfion be taken against a licensee when
the licensee fai4s to comply with any condit+on of the license. Section 409.10 sets out
the standards to apply in adding conditions to licenses as follows:
Sec. 409.10. Restrictions on ticenses.
When a reasonable basis is found by the council to impose reasonabie
restrictions upon a license held under this chapter, the councii, upon
issuing a new license or renewing a license or aoproving a transfer of a
iicense, may impose reasonable conditions and restrictions pestaining to
the manner and circumstances in which the business shall be conducted
to preserve the pub{ic peace and protect and promote good order and
security. These reasonabie conditions or restrictions may pertain to:
(1) A limitation as to the hours when intoxicating liquor may be sald and/or
consumed on the licensed premises;
(2) A limitation and restriction as to the exact location within a buiiding
where intoxicating liquor will be served and/or sofd andlor consumed;
{3} A fimitation and restrict9on as to the means of ingress to or egress from
the licensed estabiishment;
(4) A requirement that certain ofF-street parking facilities be provided;
(5) A condition that the license wilf be in effect only so tong as the
establishment rema+ns a drugstore, restaurant or hotel as defined by the
state liquor act or regulations adopted pursuant thereto;
(6) A limitation and restriction as to the means and methods of advertising
the safe of intoxicating iiquor on the buiiding andlor on the premises
adjacent thereto;
(7) Reasonable conditions fimiting the operation of the licensed premises
so as to ensure that the licensed business wiil comport with the character
ot the district in which it is focated andJor to the end that nuisances wili be
prevented; and
(8) Additional conditions upon hoteis and restaurants whicli may in the
discretion of the council tend to insure that the sale of liquor wiil take place
only in conjuncYion with the sale and sesvice of food.
The one repeated standard throughout the section is that any condition imposed
on a licensee must be "reasonabie". The condition at issue in this matter falls under
item 7, which is the imposition of "reasonable conditions limiting the operation of the
licensed premises .., to the end that nuisances wil] be prevented."' Adverse action can
certainly be taken against a licensee for any unreasonable faiiure to meet a condition
' Saint Paui Legislative Code Sec. 409.10.
7
requiring videotaping. Conversely, where a iicensae has a seasonable excuse for that
failure, adverse action is inappropriate.
In each instance where the videotaping system was found to be fauity, action
was taken by Amellia's to improve the system. VCRs are not "fool-proof' technology,
and gaps in recording are inevitabie. The Licensee has demonstrated substantiai
campl+ance with the Iicense condition and the two instances of noncompliance were
inadvertent. The degree of ongoing compliance is demonstrated by the other material
on the tape provided to the Saint Paui Police Department on October 7, 1999.'
LtEP asserts that violations of the license condition are estabiished by the failure
of Arneflia's to snsure that the carrecY date and time are imprinted on the recording.
TFe;e is no such requirerent in the conditions establishad �or Ameliia`s. Adverse
aation cannot be taken against the Licensee for fai(ing to properly set the date and time
of the VCR, absent some understanding that such conduct is required.
Having one video camera malfunction is aiso cited by LIEP as a violation of the
license condition. The obligation in the license condition to "maintain in good working
order" four video survei0ance cameras assumes that the technology wiA periodically
malfunction and need to be fxed. The measure of compliance is not whether any of the
cameras are broken, but whether prompt action is taken to repair them. In this matter,
the Licensee was prompt and a contractor was diiatory. The Licensee met the
requirement that the video surveiilance system be maintained.
' This standard of conduct is reflected in other license actions invoiving entertainment estabiishments.
For example, in assessing whether adverse action was appropriate where female dancers "went topless"
without a bar owners knowledge, Administrative Law Judge Peter Erickson stated:
This case is not so much one where critica! issues of fact must be determined, but rather one in which
the pena{ty must be appropriate to the violation. This case would be much different if, whea Mr.
Jensen had seen that the dancers were topiess, he fiad immed'sately taken acYion, wfiether or
not successful, to curb the topfess activities. However, Mr. Jensen decided that he could do
nothing at fhat time and it was not until after Officer Nohr became fnvolved that Mr. Jensen put an end
to the topless behavior. Additionally, Mr. Jensen could have instructed his bouncers and other
emp;oyees regar�ing the lavd an rudiry and toid �hem to an�orca the prah�bition if ar,y of the dancers
decitied undress. Atthough Mr. Jensen was not aware that the show wouid be topless, he is not
biameless for the resuiting nudity wfiich continued until after Officer Nohr arrived. fiowever,
Mr. Jensen's good faiih efForts to ensure that the show would not be topless before ever
booking it should be given great weight.
City of Coleraine v. Har/ey Jensen, d/b/a Ha�ley's Huf /l, OAH Docket No. 4-2101-5430-6
(Recommendation issued Aprii 23, 1991)(emphasis added).
14 The time stamp on the tape psovided '+s October 3�, 1989, and that tape-records the en6re evening's
events outside of Amellia's. With the rotation of tapes described by Ameffia's, the next time stamp that
wouid be imprinted on that particular tape is November 7, 1989. At aboui the middfe of the tape
(approximately four hours at extended play), the scene changes to the events on October 7, 1999, and
the time stamp changes to November 7, 1959. The new date and imagery lasts onty a few minutes,
which is consistent with the potice officer receiving the taQe that night These facts support the testimony
04 Larry Aifen that the tape was +nserted accarding to the procedure, but that the "play" button was
inadvertentty pressed.
' As discussed above, the language of the iicense condition fails to expressfy require taping, much less
requiring accurate time stamps. There was no understanding beiween Amellia's and LIEP that the VCR
must imprint an accurate time stamp to meet the license condition.
0
Robert Kessler, Direcfor of LIEP, testified that the purpose of the video
surveillance iicense condition was:
This establishment attracts people that (sic) are prone to vioience. And
that we have a responsibillty to do everything we can to prevent that from
happening. And the conditions were designed, especiaily with the
conditions in regard to the cameras, to send a message to those people
that practice violence fhat they will be watched and that we wiil have
tecords that will protect the public. Because of the lack of good
management Qractices at that establishment, those records are not
avai{able and { th+nk as a result, the message is that they can get by with
these kine�s ef acts at Yhaf estabrshment withcu� having pay :he price.
There is no way for anyone outside the establishment to know whether
videotapes are being recorded at any particular moment. The video cameras and signs
warning about surveillance are promi�ently displayed. Each of the three incidents that
prompted aetion concerning the Licensee occurred off of the licensed premises.
Possession of a business license does not grant police power to controi the actions of
persons outside of the {icensed premises. The purpose of "sending a message" to
persons outside the control of fhe licensee is accompiished by the visible indicia of
video surveiliance.
The efForts made by Ameflia's to prevent a nuisance condition in the vicinity of its
business are reasonab4e. Maintaining videotape generated by surveiflance cameras
does not refate to the ongoing business of the Licensee, but mere4y aids in the
subsequent investigations by police. The inadvertenf faiiure, on two occasions, to
record the video camera imagery from outside the premises does not rise to a failure to
comply with the conditions on Amellia's iicense. The actions taken to repiace a
maifunctioning camera were reasonable. Arnellia's has demonstrated by a
preponderance of the evidence that it was in substantial compliance with its license
conditions. LIEP failed to demonstrate that Arnellia's has failed to comply with the
condifions on its iicense. Therefore, the Administrative Law Judge recommends that
this matter be DISMISSED.
..-
76 Hearing Testimony, Tape 1
�
Appendix A
EFFECTIVE 07/08/99:
1. Dress Code: Amellia's agrees to continue to enforce a dress code for customers
designed specificaliy to prevent patrons or customers from concealing weapons or
contraband inside baggy clothing or wearing gang affiliated coiors.
2. Adherence to Strict tdentfication Requirements: Amelfia's wiif require proper picture
identification finm anyone who appears to be younger than 30 years old. Those without
proQer identification shait be denied entrance.
3. increase Communication with Police and Neighbors: Ameliia's shali initiate and
maintain reguiar communication with the west sector team police commander or his
designee, and licensing officiais, Christine Rozek and Kristina Schweinler. Meetings
shaii inciude neighborhood organizations to the extent oossib!e.
4. Control Music Type and Format Amellia's shail continue to be responsible for
screening out music that promotes or glorifies violence and nefarious or anti-social
behavior.
5. Amellia's management and security personnel will insure that patrons do not leave
enmasse, but rather, management and secuirty wiil encourage patrons to leave in an
orderly and conVolled manner between 12:30 a.m. and 1:15 a.m.
6. The public teiephones shall not allow incoming calis, nor any calis to or from electronic
beepers or pagers.
7. Amellia's shafl maintian a list of aIl patrons who have been banned from the
establishment, and this list shali be strictly enforced by Arneliia's. Such list shail include
proper identification of that person, photograph and a notice of trespass. This notice
shoufd be in tripficate with one copy going to eacfi of the foliowing: 1) Maintained by the
establishment; 2) UEP; 3) the individual being hanned. Once banned, a person wiil
remain banned for a mi�imum of one year. Ameillas will cooperate with police in filting
out trespass notice(s).
8. Ameliias shall continue to provide security personnei to promote the orderly behavior of
patrons on and leaving the premises. The premises shall include the area immediately
adjacent to the establishment. Special attention will be paid to encouraging patrons to
leave the area.
9. AII employees and security personnel information shall be provided to LIEP for .
background checks.
10. Amelila's wiil empioy the use of a metal detecting devices to ensure there are no
weapons on the pcemises.
11. Licensee holder will maintain in good working order at Ieast 4 video surveillance cameras
on the exterior of the building to constantlV monitor the exterior of the premises. Tapes
must be maintained for 7 days.
12. A video surveiilance camera shali be maintained in good working order in the interior of
the establishment to monitor customers as they enter the estabiishment. Tapes must be
maintained for 7 days.
13. Signage sfiall be posted on the exterior of the buiiding to notiTy patrons that the area may
be under video surveillance.
14. Security personnet will be on duty daiiy from 8:00 p.m. untii closing.
15. Back door wiil remain locked after 5:30 p.m. to prevent entry.
16. The licensee wiil lock the door of the establishment at 12:30 a.m. No additional patrons
will be allowed antry after that time.
17. Condifions reviewed at renewal.
10
OFFSC=' TFIE CITY ATTORNBy
Ctayton, obinson, Ja, GryAnorney
CITY OF SAINT PAUL
Nomr Coltmart, bfayor
�r
December 15, 1999
civit Divisiort
JDO City Hatt
15 3Yesr Re11ag� Bh•d
Saint P¢u!, A/innesofa SSIO?
NOTICE OF FIEARING
Ameilia Allen
Arnellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by i�ietro Baz & Grill, Inc. d/b1a Ameilia's
for the premises at i 183 University Ave. in St. Paui
License ID �: 54523
Dear Ms. A11en:
Teleplione: 651 ?6G.3; IO
Farsrixi(e: 657198-5619
Piease take notice that a hearing will be held at the followin� time, date and place concemin� all
licenses for the premises stated above:
Date: Wednesday, January 26,1999
Time: 9:30 a.m.
PIace: Room 41
Saint Paai City Hall
15 West Kelloge Bouievard
Saint Paul, Minnesota S�IO2
The hearing will be presided over by an Administrative Law Judge from the State of �rtinnesota
Of#ice ofAdministrative Hearings:
Name: Phyllis A. Reha
Office of Administrative Hearings
I00 �Vashinb on Square, Suite 1 i00
Nlinneapolis,l'IN. SS4p1
Telephone: (612) 341-7602
� �
Grill, Inc. d/b/a Arnellia's
— City's Exh. # 10 —
�� The Council ofthe Cify of �_.nt Paul has the auihoritp to provide for nearin�s coaceming licensed
premises and for adverse acTion a�ainst such licenses, under Chapter 3 I0, inctudin� sections 310.05
and 310.06, of the Saint PauI Legislative Code. In the case of licenses ior intosicatin� and non-
intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.�15. Adverse
action may include revocation, suspension, fines and other penaities or conditions.
Evidence �vil] be presznted to the judge �c may lead to adverse action aQainst a11 the licenses you
hold at the above premises as iollows: `
On September 23,1999 there �vas a shooting outside of Arnellia's,
near the alIey on the tirest side of the bvilding. Saint Paul police
officers ��•ent fo the bar later thaY day to recover tapes from the
video surceillance cameras to assist the police in identifi•ing the
suspecfs in the shooting. Officer Sohnson tivas informed by the
o�vner that therewas no camera near the area in question. When
asl:ed if police could revie�c the other camera tapes, the o�vner
stated that the cameras �cere not taping at the time of the
incident. There is a condition on the licenses that the License
hoIder must maintain "in good tivorking order at least four video
survelllance cameras on the etterior ofthe building to constantly
monitor the exterior of the premises. Tapes must be maintained
For 7 days." Failure to have the video cameras on and taping on
September 23, 1999 is a��iolation of the condition.
On October 7, 1999 there ti�•ere shoYs fired outside of ArneIlia's,
and an individual tivas run down in the parking lot and l:illed.
Saint Paul police officers obtained the tapes from the video
surveillance cameras to assist the police in inti�estigating the
incident. SeveralmembersofthehomicideLTnitzvatchedthetape
provided, and it �vas apparent that a large portion of the events
from October 7, 1999 are not on the tape. It appears that the
seeurity cameras were not acEivated until after the incident in
which the person was I:illed, as the first thing from the date in
quest9on is the arrival of the squads called to incestigate.
Additionaliy, the times and dates on the tapes mal;e no sense, and
the iYems being viewed in the specific sun�eilIance areas covered
by the various cameras shift abrupth�. There is a condition on the
licenses that the License hoIder must maintain "in aood icorl:ing
order at least four video surceillance cameras on the e�terior of
the building to consYantly monifor the exterior of the premises. �
Tapes must be maintained for 7 da}•s." Failure fo have the video
cameras on and taping af all times on October 7, 1949 is a
violation of the condition.
Notice oi f��aring - page 2
� You have the right to'be s��,resented by an attomey before and du�,�ig the hearin�, or you can
represent yourself. You may also have a person of your choice represent you, to the extent not
prohibited as unauthorized practice oflaw.
The hearing �vili be conducted in accordance with the requirements of tifinnesota Statutes sections
14.�7 to 14.62 and such paris of the procedures under section 310.0� of the Saint Paul Leeislative
Code as may be applicable. `
At the hearing, the Administrative Law Jud�e �vill have all parties identify themsztves for the record.
The Ciry cvill then present its t�ztnesses and evidence, each of �vhom the licensee or attorney may
cross-examine. The licensze may then offer in rebuttal any witnesses or evidence it may tic ish to
present, each of �vhom the City's attomey may cross-examine. The Administrati� e La�v Judse may
in addition hear relevant and material testimony from persons not presented as �vitnesses b5� either
party who have a substantial interest in the outcome of the proceedin�; for eYample, the o«�ners or
occupants of pzoperty located in close prosimity to the licensed premises may have substantial
interest in the outcome o£ the proceedin'. Concluding azguments ma}• 6e made 6y the parties.
Following the hearin�, the Jud�e will prepaze Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
You should bring to the hearin� all documents, records and witnesses you �vill or may need to
suppott your posiCion. Subpoenas may be available to compel the attendance of witnzsses or the
production of documents in conforsnity �vith Minnesota Rules, part 1400.7000.
if you think that this matter can be resolved or settled without a foranal hearino, please contact or
have your attorney contact the undersi�ned. If a stipulation or a�reement can bz reached as to the
facts, that stipulation tivill be presented to the Administrative Law 3udse for incorporation into his
or her recommendation for Council action. y
If you fail to appear at the hearin�, your ability to challenge the allegations �vi11 be forfeited and the
allesations a�ainst you cvhich have been stated earlier in this notice ma}' be taken as true. if non-
public data is received into evidence at the,hearin�, it may become public nnless objection is made
and re(ief requested under Minnesota Statutes, Section 14.60, subdivision 2.
If you have any questions, you can call me at 266-8710.
Very tnzly yours,
i \ �� /�
�_��It c�,._.c,ci 1� �--t' �x.c-i
Vir�inia D`. Palmer
Assistant City Attomey
cc: Arlazk VauQht, Suite 700, Six W'est Fifth St., St. Paul, �' SS1D2
Nancy Thomas, Office of Administrative Hearin�s, 100 �Vashington Square, Snite 1700,
l�ipls, NIN »40i
Notice of Heariag - Paae 3
_ , _ --,
Nancy Anderson, fvsistant CounciI Secretary, 310 Ciry Hatl
Robert Kessler, Director, LIEP
Christiae Rozek, LIEP
Cathy Lue, Community Organizer, Hamline Mid�vay Coalition,1564 Lafond Ave., St. Paul,
i�IN 55104
Notice of Hearing - Pag c
STATE OF MINNESOTA
COUNTY OF t'2AMSEY
ss.
AFFIDAVIT OF SERVICE BY MASL
JOANNE G. CLEMENTS, being firsL duly sworn, deposes and says
that on December 15, 1999, she served the attached NOTrCE OF
AEARING on the following named person by placing a true and correct
copy thereof in an envelope addressed as foliows:
Arnellia Allen
Arnellia's
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of sa
same, with postage prepaid, in the Un}
Minnesota. /
) and depositing the
s mails at St. Paul,
G
Subscribed and sworn to before me
this 15"' day of Dece�er, 1999.
tary Publi
PETEA P.PANGB4RN
NOTARY PllBLfC — M{N�ESOTA
dy Comm Expues Jan.31.200;
OFFICF ' THE CITY ATI'ORNEY
Clay(on,41..,obiraon, Jr., CiryA[torney
CITY OF SAINT PAUL
Norm Coleman, Nfayor
Civi1 Division
400 Ciry Hall
IS IV¢s[Ke[loggBhd
Suint Paul, .Lfenneso[a SSIO?
Telephane: 651 266-8970
Facsimile: 651 298-S6T 9
September 30, 1999
NOTICE OF VIOLATTON
Amellia Allen
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: A11 licenses hetd by Metro Baz & CTri11, Inc. d!b/a Arnellia's
for the premises at 1183 I3niversity Avenue
License ID #: 54523
Dear Ms. Allen:
The Director of the Office of License, Inspections and Environmental Protection has
recommended advexse action against all licenses heid by Metro Bar & Grill d!b/a Amellia's for
the premises at 1183 University Avenue. The basis for the recommendation is as follows:
On September 23,1999 there was a shooting outside of
Arneilia's, near the alley on the west side of fhe building. Saint
Paui police o�cers went to the bar later that day to recover
tapes from the video surveillance cameras to assist the police in
identifying the suspects in the shooting. Officer Johnson was
informed by the o�vner that there was no camera near the area
in question. When asked if police could review the other
camera tapes, the owner stated that the cameras were not
taping at the time of the incident. There is a condition on the
licenses that the License ho(der must maintain "in good
working order at least four video surveillance cameras on the
exterior of the building to constantly monitor the eaterior of
the premises. Tapes must be maintained for i days." Failure
to have the vadeo cameras on and taping on September 23,
1999 is a violation of the condition.
� S
�
� Grill, Ine. d/bfa Arnellia's �
City's Exh. # 5
Page 2
Amellia Allen
September 30, 1999
If you do not dispute the above facts piease send me a letter with a statement to that effect. The
matter wili 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 appeaz there for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearin�
before an Administrative Law Judge (AL�. Tf you wish to have such a hearing, please send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so
you wi11 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 Monday, October li, 1999, how
you would like to proceed. If I have aot 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 St. Paul Cify Council. '
If you have any questions, feel free to call me or have your attomey call me at 266-8710.
Sincereiy,
` ��r�c, f
U
Virginia D. Palmer
AssistanY City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Orgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATE OF MINNESOTA
COUNTY OF :2�MSEY
ss. AFFIDAVIT OE SERVICE BY MAIZ
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on October 1, 1999, she served the attached NO:ICE OF
VIOLATION on the =ollowing named person by placing a true and
correct copy thereof in an envelope addressed as zollows:
Arnellia Allen
Arnellia`s
1183 University Avenue
SC. Pau1, MN. 55104
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn to before me
this 1st d� of O�tob�, 1999.
� ( ./ / �� PETER P. PANG80RN
� NOTAAY pUBUC - MINNFSOTA
� =� Mv omm, Expires dan.3t, 2co�
Notary Pub ; �c •`^`^^^�,,,,,,____
OFFICF ^F THE CITY ATTORNEY
Clay�on 1. ibinson, Ja, Ciry Attorney
CITY OF SAINT PAUL CivilDivision
Norm Cafeman, 3fayar 400 Ciry Xal1 Telephone: 651 266-8i70
ISiVestKe!loggBlvd Fauimile:651298-5619
Saint Paul, bfinnesata 55102
i
November 10, 1999
NOTICE OF SECOND VIOLATION �
Arnellia Allen
Arnellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Baz & Grill, Inc. d/b/a Arnellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Dear Ms. Allen:
The Director of the Office of License, Inspections and Environmental Protection has
recommended adverse action against all licenses held by Metro Bar & Grill d/b/a Amellia's for
the premises at 1183 University Avenue. T'he basis for the recommendation is as follows:
On October 7,1999 there were shots fired outside of Arnellia's,
and an individual was run down in the parking lot and kiIled.
Saint Paui police officers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. Several members of the homicide Unit �vatched the
tape provided, and it was apparent that a large portion of the
events from October 7,1999 are not on the tape_ It appears
that the security cameras were not activated until after the
incident in which fhe person was killed, as the first thing from
the date in question is the arrival of the squads called to
investigate. Addifionally, the times and dates on the tapes
make no sense, and the items being viewed in the specific
surveillance areas covered by the various cameras shift
abruptly. There is a condition on the licenses that the License
holder must maintain "in good working order at least four
video surveillance cameras on the exterior of the building to
constantly monitor the exterior of the premises. Tapes must be
maintained for 7 days." Failure to have the video cameras on
and taping at ail times on October 7, 1999 is a violation of the
condition.
� �
_ Grill, Inc, d/b/a Arnellia's
City's Exh. # 9 —
Page 2
Amellia Allen
November 10, 1999
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 oppomuiity to appear and speak on your own
behalf, or to have someone appeaz there for you.
On the other hand, if you wish to dispute the above facts, I �vill schedule an evidentiary hearing
before an Administrative Lacv 7udge (A.L�. If you wish to have such a hearing, piease send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so
you �vill know when and where to appeaz, and what the basis for the heazing will be.
In either case, please let me knorv in writing no late than Monday, November 22,1999, how
you would like to proceed. If I have not heard from you by that date, I will assume thaf
you are not contesting the facts. The matter wlll then be scheduled for the hearing before
the St. Paul City Council. '
If you have any questions, feel free to call me or have your attomey call me at 266-8710.
Sincerely,
��� ���
Virginia D.�
Assistant City Attomey
cc: Mazk Vaught, Suite 700, Six West Fifth St., St. Paul, M�155102
Robert Kessler, Director, LIBP
Christine Rozek, LIEP
Cathy Lue, Community Orgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATE OF MINNESOTA
COUNTY OF RAMSEY
ss. AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on November 10, 1999, she served the attached NOTICE OF
SECOND VIOLATION on the following named person by placing a true
and correct copy thereof in an envelope addressed as follows:
Arnellia Al1en
Arnellia's
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the Un' tates mails at St Paul,
Minnesota. � ��� .
Subscribed and sworn to before me
this lOth day_ of Noyembe�, 1999.
ER P. PANGSORN
NOtaY'}� PUI�IIC � �J NOTARYPUBLIC-MINPJESCTA
° My Comm. FXpires Jan. 31, 2C0
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Griil, Inc., d/b/a Arnellia's,
Petitioner,
vs.
WRIT OF CERIORARI
COURT OF APPEALS
FILE NO: �— CX� — I� 5 �
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COUNCIL FILE NO. 00-585
DATE OF DECISIOiV:
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
JUNE 27, 2000
TO: The City of Saint Paul and the City Council of the City of Saint Paul:
You are hereby ordered to return to the Court of Appeals within ten (10)
days after the date realtor's brief is due the record, exhibits and proceedings in the
above-entitled matter so that this Conrt may review the decision of the City Council
issued on the date noted above.
Copies of this Writ and the accompanying Petition shall be served forthwith
either personally or by mail upon the City of Saint Paul as follows:
City Clerk
170 City Ha11
15 West Kellogg Boulevard
Saint Paul, Minnesota 551�2
And upon the attomey for the City of Saint Paul as follows:
Virginia Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Boulevard
saint Paul, Minnesota 55102
Proof o1'service shall be filed with the Clerk of the Appellate Courts.
Clerk of Appellate Courts
� �..
Dated: July _, 2000
gy;��'� �`��Z� a�,4
Assistant C?er?c
(Clerk's File Stamp)
2
STATE OF MINNESOTA
IN COURT OF APPEALS
Mefro Bar & Griil, Inc., d/b/a Arneitia's,
STATEMENT OF THE CASE
Peritioner, OF PETITIONER
vs.
COURT OF APPEALS
FILE NO.
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COUNCIL FILE NO. 00-585
DATE OF DECISION:
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
NNE 27, 2000
1. Court or a2encv of case ori�ination and name of presidin� iud¢e or hearine
officer.
City Council of the City of Saint Paul
Dan Bostrom, President and Presiding Officer
Phyllis A. Reha
Administrative Law Judge
2. Jurisdictional statement.
B. Certiorari appeal.
There is no specific statute or appellate rule conveying jurisdiction.
However, the Court by decision has established the procedure to be
followed in matter such as this. A party seeking to obtain judicial
review of a quasi-judicial decision of a city council must proceed by
petition to the Court of Appeals seeking a writ of certiorari. Micius
vs. St. Paul Citv Council, 524 N.W.2d 521 (Minn.App.1994). See
aiso, Neitzel vs. Countv of Redwood, 521 N.W.2d 73 (Minn.App.
1994), pet. for rev. denied (Minn. 1994) and Town of Honner vs.
Redwood Countv, 518N.W.2d 639 (Minn.App.1994), pet. for rev.
denied (Minn. 1994).
C. Other appellate proceedin�s.
With respect to the Motions regarding a stay of enforcement of the
license suspension, jurisdiction of the Court of Appeals is established
by Minnesota Statufes Section I4.65.
3. Tvpe of liti2ation and desienate anv statutes at issue.
This matter involves adverse action taken by the City of Saint Paul against
the Petitioner, the holder of certain licenses, including on sale liquor licenses,
issued by the City. The adverse action was taken pursuant to 1Vlinnesota
Statutes Section 340A.415 and Saint Paul Legislative Code Chapters 310 and
409.
4. Brief description of claims, defenses, issues liti�ated and result below.
Respondent sought to take adverse action against Petitioner based on two
incidents occurring, respectively, on September 23,1999 and October 7,
1999, during which the Respondent alieged Petitioner failed to comply with
Condition No. ll on its licenses which reads "License holder will maintain in
good working order at least 4 video cameras on the exterior of the building to
constantly monitor the exterior of the premises. Tages must be maintained
for 7 days."
After Notices of both violations were issued, a hearing was held before an
Administrative Law Judge on January 26, 2000.
At that hearing Respondent maintained that with respect to the September
23,1999 incident, Petitioner failed to insert a tape into the videocassette
recorder and that said conduct constituted a violation of the condition.
Petitioner defended against the allegation by presenting testimony that the
camera most likely to have captured the incident in question ontside the
estabtishment Fvas broken. Petitioner further maintained tke non-
functioning nature of the cameras had been discovered in August,1999; a
new camera had been ordered and had not yet been installed by a third party
contractor at the time of the incident. Petitioner produced a check dated
August,1999, in payment of the cost of the new camera.
With respect to October 7,1999 incident, Respondent maintained that the
camera system was not properly recording and therefore there was no record
of an incidenf which potentially occurred within the view of one of the
cameras and that said conduct violated the condition. Petitioner defended
against allegation by presenting testimony from an employee that he had
inadvertently pushed the play button rather than the record bntton when
loading a tape into the recorder earlier itt the day. He further testified when
2
he discovered, as the incident outside unfolded, that the system was not
taping, he immediately switcbed the play button to record in an attempt to
record whatever information he could.
After listening to an entire day of testimony and having the benefit of further
submissions from the parties, the Administrative Law Judge issued her
Findings of Fact, Conclusions of Law and Recommendation on April 4, 2000.
In her decision, Judge Reha found that the actions of the Petitioner on both
dates were reasonable and any failure with respect to the surveillance system
was inadvertent or attributable to a third party not under Petitioner's
control. She recommended that the City Council dismiss the adverse action
against the Petitioner.
The City Council considered the report of the Administrative Law Judge on
May 3, 2000. It heard first from the attorney representing the City licensing
office without limitation on time. It then accorded representatives of the
Petitioner fifteen minutes in which to present their case followed by fifteen
minutes of testimony from those who opposed the recommendations of the
Administrative Law Judge.
During this latter testimony, the City Council allowed into the record
inflammatory testimony trom members of a community group who had not
participated in the prior hearing regarding the general subject of violence in
the community and specific acts of violence without ever requiring any
showing of relevance to the issue at hand, which involved an allegedly non-
functioning video taping system.
The Petitioner was not accorded an opportunity to rebut any of the
inflammatory and substantially irrelevant tesfimony.
At the conclusion of the public hearing, the City Council, with minimal
discussion, acted on a resolution by Councilmember Blakey to reject both the
reasoning and the recommendation of the Administrative Law Judge and
impose as a sanction, a license suspension of forty five (45) days with fifteen
(15) days stayed.
In speaking in support of his resolution, Councilmember Blakey adopted
much of the rhetoric of the testifying community members about violence
and only tangentially dealt with the allegations in the Notices of Violation.
He recounted at least one past incident of violence near, but not at, the
licensed premises as though it were the responsibility of the Petitioner.
The decision of the City Council was ultimately codified into a written
resolution which was passed on June 21, 2000 and approved by the Mayor on
June 27, 2000.
5. SFecific issues prouosed to be raised on anneal.
The Petifioner purposes to raise the following issues on appeal:
A. Did the Respondent aet arbitrarily and capriciously in rejecting many
of the findings of fact and legal conclusions of the Administrative Law
Judge and in not adopting the reasoning and recommendation of the
Administrative Law Judge that the matter be dismissed?
B. Did the failure of Respondent to accord Petitioner equal time to
present its case as was permitted the attorney representing City
licensing officials constitute a denial of Petitioner's due process
rights?
C. Did the failure of the Respondent to accord Petitioner an opportunity
to rebut the inflammatory and irrelevant testimony from certain
witnesses, who had not previously been heard and who testified after
the completion of Petitioner's testimony, constitute a denial of
Petitioner's due process rights?
D. Was the failure of Respondent to exclude the irrelevant and
inflammatory testimony regarding unrelated incidents of violence
by certain witnesses arbitrary and capricious?
E. Did the Respondent act arbitrarily and capriciously in reliance on
inflammatory and irrelevant testiraony regarding the general subject
of violence and specific acts of violence from witnesses and comments
in the same regard by Councilmember Blakey in arriving at a decision
in this matter?
F. Did the Respondent act arbitrarily and capriciously in imposing the
severe penalty in this case, both with respect to the nature of the
alleged violations and with respect to its own statutory regulatory
scheme of matrix penalties for certain sorts of violations?
G. Did the Respondent err and act arbitrarily and capriciously in
concluding that there were violations of license conditions by the
Petitioner in this matter.
II. Did any of the members of Respondent's City Council act arbitrarily,
capriciously, illegally and in confravention of the provisions of Saint
Paul Legislative Code Chapter 310.05(c-2) by engaging in ex parte
contacts or discussions with each other or third parties regarding
these matters outside the public record or final Council deliberations.
0
6. Related appeals.
None.
7. Contents of record.
A full transcript is necessary to the review the issues on appeal.
A transcript has not been delivered to the parties nor filed with the City
Clerk.
A transcript has not been ordered From the court reporter. No court
reporter was present during the proceedings but they were taped and can be
transcribed.
8. Oral ar�ument.
Oral argument is requested at the location speciTied in Rule 13904, Subd. 2 of
the Minnesota Rules of Civil Appellate Procedure.
9. Tvpe of brief to be filed.
Formal briefs pursuant to Rule 128.02 of the Minnesota Rules of Civil
Appellate Procedure will be filed.
10. Name, address, zip code, telephone number, and attornev registration license
number of attorneys for Petitioner and Respondent.
For Petitioner: S. Mark Vaught
Attorney at Law
Suite 700
Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
Email: markvav�htna,worldnet.att.net
Attorney Reg. No. 131519
For Respondent: Virginia D. Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
651-266-8710
Attorney Registration No.128995
Respectfully submitted,
Dated: July 7, 2000
��� /
S. Mark Vaught (Atty. �o. 131519)
Attorney for Petitioner
Suite 700, Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
markvau�htnu,worldnet.att.net
0
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Grill, Inc., d/b/a Arnellia's, NOTICE OF MOTION AND
TO STAY SUSPENSION
Petitioner, PENDING 12EVIEW
vs.
COURT OF APPEALS
FILE NO.
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COiTNCIL FILE NO. 00-585
DATE OF DECISION:
ADOPTED: JLTNE 21, 2000
APPROVED BY MAYOR:
NNE 27, 2000
TO: The City of Saint Paul and the City Council of the City of Saint Paul:
PLEASE TAKE NOTICE that the above-named Petitioner, acting through
its undersigned counsel of record, and pursuant to Minnesota Statutes Section 14.65
will move the Court of Appeals as soon as said 1Vlotion can be heard for an Order
staying the suspension of certain licenses issued Respondent to Petitioner, said
suspension currently scheduled to take effect at 12:01 a.m., Wednesday, July 12,
2Q00, pending the review by the Court of Appeals of the action of the City Council
of the City of Saint Paul, dated June 21, 2000, imposing said suspension.
In the alternative, Petitioner will move the Court of Appeals for an Order
temporarily staying said snspension and remanding the matter to the City Council
for consideration of a Motion from Petitioner requesting that the City Council stay
the suspension pending review of its decision by the Court of Appeals.
Petitioner's Motions shall be based upon the files and records herein and the
attached Affidavits.
Dated: July 7, 2000
� /���/�
S. Mark Vaught (Atty. l�o. 131519)
Attorney for Pefitioner
Suite 700, Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
markvau�htna,worldnet.att.net
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Grill, Inc., dJb/a Arnellia's,
Petitioner,
vs.
City of Saint Paul, a municipal corporation,
Respondent.
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
) ss.
)
AFFIDAVIT OF
JACHIE HICKS
COURT OF APPEALS
FILE NO.
CITY OF SAINT PAUL
COITNCIL FILE NO. 00-585
DATE OF DECISION:
ADOPTED: JLTNE 21, 2000
APPROVED BY MAYOR:
JI7NE 27, 2000
Jackie Hicks, being first duly sworn upon oath, alleges and states to the
Court as follows:
1. She is one of the management team of Arnellia's, which is the name by which
Petitioner Metro Bar & Grill, Inc. does business at 1183 University Avenue, Saint
Paul, Minnesota.
2. She offers this Affidavit in support of Petitioner's Motions to stay the
suspension pending review or to remand the matter to the City Council for
consideration of a stay.
3. Petitioner is involved in the hospitality business, serving as a retail seller of
liquor and food and providing musical entertainment for customers of the
establishmenf.
4. In her management capacity she is familiar with the financial books and
records of the Petitioner and has conducted a review of those records prior to
composing this Af�davit.
5. Her review has indicated that the suspension meted out by the City Council
will impose a substantial, if not fatal, financial burden on the Petitioner if the thirty
day suspension must be served prior to review of the decision.
6. Her research has yielded the following effects if the suspension goes into
effect on July 12, 2000, as currently scheduled:
a. She estimates the lost revenue for the Petitioner during the
suspension, exclusive of kitchen revenues (the kitchen is leased and
operated separately by a separate licensee, but is operated as an
adjunct to the business conducted by Petitioner), to be approximately
$27,000.
b. Over twenty (20) fuil and part time employees will lose their
employment during the suspension period, including bartenders,
maintenance personnel, cocktail servers and musicians.
c. Another sis (6) full and parE time kitchen employees will, likewise, be
deprived of their jobs during the suspension period.
2
7. The effect on the Petitioner and the nofed employees would be irreparable
and would render the appeal of the suspension, which she believes to be meritorious,
virfually moot and of symbolic value only, if a stay is not granted.
FURTHER YOUR AFFIANT SAYETH NOT.
Dated; July 7, 2��� �--f�k�-� /t�
a cie Hicks
Subscribed and swom to before
me this 7 day of July, 2000.
. Q�_
l�otary Public
r•1 CA7MEiUEABOaE
NotatrtvtBL�C_fmi�ESpip .,�
MY COMMf$S10N E� ��
JANUAF?Y3t,2005
�'�^--�-�.�.�y
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Grill, Inc., d/b/a Arnellia's,
Petitioner,
vs.
City of Saint Paul, a municipal corporation,
Respondent.
AFFIDAVIT OF
S. MARK VAUGHT
COURT OF APPEALS
FILE NO.
CITY OF SAINT PAUL
COUNCIL FILE NO. 00-585
DATE O� DECISION:
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
JUNE 27, 2000
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
) ss.
)
S. Mark Vaught, being �rst duly sworn upon, states and alleges to the Court
as follows:
1.
matter.
2.
He is the attorney of record for the Petitioner in the above-entitled
He offers this Affidavit in support of Petifioner's Motions for a Stay of
the license revocation pending review or for a Remand to the City Council for that
body to consider such a stay.
3. On or about Friday, 3une 30, 2000, he received by mail, the
Resolution of the City Council memorializing the decision, the review of which the
Writ in this matter seeks.
4. On Monday, July 3, 2000, he spoke by telephone with Virginia
Palmer, Assistant City Attomey, and inquired as to whether the Respondent would
agree to such a stay or would agree to consider such a stay.
5. Ms. Palmer indicated she would speak with her clients regarding your
affiant's request.
6. Ae next spoke by telephone with Ms. Palmer on or about July 6, 2000,
during which conversation she indicated she had spoken to the legislative assistant
to Councilmember Jerry Blakey, who had sponsored the resolution imposing the
suspension which is the subject of review.
7. Ms. Palmer indicated in the 3uly 6 telephone conversation that based
on her conversation with Councilmember Blakey's assistant, Respondent would not
be considering a stay of the suspension pending review of the matter by the Court of
Appeals.
8. After learning of that declination, your affiant has moved as
expeditiously as possible to bring a Motion before the Court of Appeals addressing
the issue of a Stay.
FURTHER YOUR AFFIANT SAYETA NOT.
Dated: July 7, 2000 �� �
S. Mark Vaught (Atty. No. 131519)
Attorney for Petitioner
Suite 700, Six W est Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
markvau�ht(�a,worldnet.att.net
2
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COURT OF APPEALS NiJMBER:C6-00-1156
INDER OF COIINCIL FILS (C.F.) 00-585
DOC.
NIIMBSR
1
2
3
G!
5
DATS
DESCRIPTION
6-21-00 Resolution and Green Sheet suspending the
(date license of Metro Bar & Grill d/b/a
adopted Arnellia's and adopting the Report of the
by ALJ with exceptions and amendments
Council)
6-1-00 Letter from State Representative Andy
Dawkins offering opinion that Arnellia's
license not be suspended.
4-20-00 Notice of Public Hearing letter sent to
Attorney Mark Vaught by Assistant City
Attorney Virginia Palmer regarding 1-26-00
Findings of Fact, Conclusions of Law and
Recommendation of the Administrative Law
Judge.
5-3-00 Letter from Virginia Palmer to Mark Vaught
regarding the City's Exceptions to the
Findings of Fact, Conclusions of Law and
Recommendation of the ALJ. Includes
City's Final Argument - Statement of Facts
5-9-00 Memo to City Council from Nancy Anderson
regarding laying over of item #32 on the
May 10 Council Agenda to June 7 for a
Public Hearing.
NIINIDER
OF
PAGBS
5
FI
11
17
F�
6. 144 petition cards requesting the City 144
Council to support the findings of the cards in
ALJ, as it relates to not sanction 1
Arnella's. envelope
7. 6-21-00
8. 6-21-00
Videotape of 6-21-00 Saint Paul City
Council meeting.
Summary minutes of 6-21-00 Saint Paul City
Council meeting.
DOCUMENTS RETIIRNED BY TfiE ALJ
RECEIVED IN THE CITY CLERR'S OFFICS 4-5-00
E�
10
4-4-00 Letter from Phyllis Reha, Administrative
Law Judge, to the City Council regarding
the Findings of Fact, Conclusions and
Recommendations.
3-6-00 Letter from Virginia Palmer to the Ai,J
Phyllis Reha regarding City�s Reply
Memorandum.
1 tape
14
Fya
E
�
ii.
,
12.
13.
14 .
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
3-6-00
3-2-00
2-18-00
2-28-00
12-15-99
1-26-00
9-30-99
9-23-99
9-23-99
9-30-99
11-8-99
10-29-99
Fax cover from Mark Vaught to Phyllis Reha
regarding no further submissions in the
Metro Bar & Grill matter.
Fax from Mark Vaught to Phyllis Reha
summarizing and presenting Respondent's
view of the evidence.
Letter from Virginia Palmer to Phyllis
Reha enclosing the Final Argument on
behalf of LIEP.
Letter from Phyllis Reha to Virginia
Palmer granting her request to extend the
period for reply briefs. Attached is the
letter from Virginia Palmer requesting the
extension.
Letters from Virginia Palmer and Peter
Pangborn announcing Notice of Hearing to
Arnellia Allen.
List of City's proposed exhibits.
City's Exhibit #1, License Information
Report
City's Exhibit #2, License conditions for
Metro Bar & Grill dba Arnellia's
City's Exhibit #3, Police report prepared
by Officer Gerald E. Johnson
City's Exhibit #4, Police report prepared
by Sgt. Richard J. Munoz
City's Exhibit #5, Notice of Violation
City's Exhibit #6, Police report prepared
by Sgt. Mark C. Kempe
City's Exhibit #8, Letter from Ms.
Arnellia Allen to Robert Kessler
11-10-99 City's Exhibit #9, Notice of Second
Violation
12-15-99 City's Exhibit #10, Notice of Hearing
10-7-99 City's Exhibit #7, Videotape from
Arnellia�s
1
5
li
2
5
2
4
1
2
3
3
2
2
3
5
1 tape
C le �� c� � �P �1 �c�.`�e- �� �-��
�ece�ved �o l a� l a� b� °- �'�Q�A, �
d�i,�� 7 -= �a
,
,m/Jr ��. %> s
i1 e'�� Gl���� C�d��
I, Dy�� Ltl. ,�� {�`"/ �C�V� �)f ; request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanetion the Metro Bar and Griil, common3y known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �(,�,�� -kO.C�it,x /� (i/O Zip _�/1�.3
UD-ss£S - �
��
�v
�
��
�
,. r ���� .�^ �^d2�o �,�,: � e
Signed)/ Date) /, (,�
J �C,� �L/m-a�� ��"�. .L��, a yu��v�`�v,z.�` � -
I y 1 f�y���� , request that the St. Paul City Cauncil
vote to support the findings of the Administrative La�v Judge, as it relates to not to
sanction the Metro Bar and Grili, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly '.'eel that they are doing all within their
power to maintain a safe environment for both the:r customers and the general pubiic.
I am a resident at �
-� _
Zip ���
�,��� �U�_
(Dace>
�ip-585
�' LIOQYi ���5
vote to svp rt the fi��ings of the Adminisirative Law �e 1 ates o not to1l
sanction the Metro Bar and GrilI, common3y Irnown as �ella's Night Club.
I� a Fatron of this establishmenY, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the gerieral pubiic.
I am a resident at ��"q� �� � � n`
l,Gf-� Zip�� _
(Signed) ,T—/t'!-�1
{Date)
T> >ahr....a � �
vote to su � r�Quest that the St. Paul City Council
pport the fndmgs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly }mo� as Arnella's Night Club.
I� a patron of this estabIislunent, and I strongly feel that they are doing al1 within their
power to maintain a safe environment for both their cusYomers and the general public.
I am a resident at �, ,� U Up� � �
� yLo-
Zip 5 Si��}
�
(5ign d) 5 — 4 `�'i ^ �u
(Date)
�'�S
I _, request that the St. Paul City Council
vote to support fhe findings of the Admmistrative Law Judge, as it relates to noY to
sanction t he Metro Bar and Grill, commonly known as Amella's I�ight Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their cus mers and the general public.
I am a resident at ���[—������� Zip ����
--�5� � �
(Signed � (Datg�
♦r .=
UO•585�
� Gy/ J,(�a��ivt �1%'��s;��/�-----request that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanetion the Meuo Bar and Grili, common�y known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at
� Z �� �r� � �� z� .SS�°`�
��� � ��',��� � - 7 �
(Signed) (Date)
.. `00-585
I, - � request that the St. Paul City Councii
voie s port fhe £ndings of the dmuustrative Law Judge, as it relates to not to
sanction the Metro Bar and C�riII, commonly laiown as Ainella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for bgth $heir ,c�y�tomers and the general puUlic.
I am a resident at
... � / f
(5i e (Data
OU- 5$S
I, � request that the St. Paul City Council
vote to support the findings of the Administrative Law 3udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
pawer to maintain a safe environment for both their customers and the general public.
I am a resident at
(Signed)
(Date)
Zip
I, `� �1 p fl GlI,Q =�t�Qna� , request that the St. Paul City Councii
vote to support the findings o he Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelta's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �.��� `---�I� Zip r `J�G
� � ��91d7, �A� 2��C�
(Signed) r (Date
♦ • _v
�� C?t�- SSS
n �.
I�`�� �,� f(I � request that the St. Paut City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Ameila's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �f�� �.t� �l�t�� �� Zip , S��
. �,��__.__ � -� -� u _
(Signed) (Date)
- ---- ----- _---__-_ _-,�..,-.__„_,!
�~ �J
I, ��t;; ip �.J� �`r� , request that the St. Paul City Councii
vote to support the findings of the Admmistrative Law Judge, as it re]ates to not to
sanetion the Metro Bar and Grill, commonly known as Arne11a's Night Club,
I am a patron of this establishment, and I strongly feel that they are doing a11 within their
power to maintain a safe environment for both their customers and the generat puUlic_
I am a resident at � s-� �u ��" �•� � r/`� -- ZiP S �� �
. h , , � 0 GC�
(Signed) (D te)
_ _ _ • - .: _ _ ._. __�- -
��SgS
j �' �� � � , request that the St. Paul City Council
vote to sup o e findings of the Administrative Law Judge, as it relates to not to
sanct'ron the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doin� ail within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �G��,� ��� ��`'� Zip,�..S�D�-
. , f�y'�-� ���� d �
(Si d (DaLe
�� .
I i f�,�� j� �t'J/Ti° � , request that the St. Paul City Council
vote to support the findings of the AdministraYive I.aw Zudge, as it relates to not to
sanetion the Metro Bar and C�rill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing ati within their
power to maintain a safe environment for both their customers and the general publac.
I am a resident at 7�� L.�'�° �D �� Zip �S � b�
���,� �/h..�c�, � ( . 7: G �
(Si (Date)
-
I,
�(Z ('Y1e, �C. �1��1') t� , request that the St. Paul Ciry Council �� ��
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's.Night Club.
I am a patron o£ this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ����X a� �� Zip la �.
.., 5 ��� ��- �D�lq-�U
c�,
�s-saS
I �C� ,.„,_ —�—�, � yt� i T`i� , request that the St. Paui City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at If �� �- �� Zip �5��'
� �.��. s. ' �,: -� ��
-�..�-
(Signe ) (Date)
�U-S�S
� J � f
T, �/ request that the 5� Paul City Council
vote to suppo e findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly imown as.Amella's Night Ciub.
I am a patron of this establishtnenk, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � 7�� �>��� �--. Zip S�
,
�' r
� � � �� �
(Signed) ` (D te)
-- — -- ---
— . _.. __ -------
__ av.-s�s
I v?�p/-'� �� request that the St. Paul City Council
vote to suppoct the findings of the Admmistrative Law Judge, as it relaYes to not to
sanction the Metro Bar and Grill, commonly lrnown as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at l � �� '��� Zip 5�� � f� �
:���� 1 ^ � �- �-P -_ L���i
(Signed) (Date)
- - � rX�� .585
I, �p �-��- . "��'`�L� , request that the St. Paul City Councii
vote to support the findings of the Administrative I.aw 3udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�ly feel that they are doing all within their
power to maintain a safe environment for both their customers �nc�lhe generai public.
I ara a resident at
��� � ��
(Date)
_ -
tx� - s8s
I� � � request that the St. Paul City Council
vote o s pport f e findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly Imown as Amella's Night CIub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintaiu a safe environment for both tbeir cusfomers and the general public.
I am a residenY at � �J S�' ��"�Zip ��eJ ��
� :�1 � ��`��'.�
(Signed} ` (Date)
---�..-_--- --=----- --�--- --------- --- — --- -- --------F�:,�
Gn' ``JsS
sanction the Metro
uest that the St. Paul City Council
Law 7ud�e, as it relates to �ot to
z as Amella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing aii within their
power to maintain a safe environment for both their customers and the general public.
at
Zip ��ZY C?�
.��� l
(Date)
a?-'`J ��'". . v_e�
I, I:J>���G�o r�.o..� , request that the St. Paul City Council
vote to supp rt the findmgs of the Administrative Law Judge, as it relates to not to
sancfion the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I sVOngly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general pubiic.
I am a resident at S� b �� S��(�• h.� �, t/1/� ,"-�� 4�� Zip •,S J l f �.
� b �
(Signed) (Date)
v� �.�� :;�.� cb- SgS
I> request that the St. Paul City Council
vote to supp t the findings of tlte Administrative Law Judge, as it relates Yo nof to
sanction the Metro Bar and Griil, commonly known as Arnella's Night Club.
I am a patron of this establishmenT, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their cns,tomers and the general public.
I am a resident at J�� �� z;p S5l �..�' .
�
C���
(Signed) (Dat��� I' �~
C#�-58�
I, _•�� request ihat the S� Paul City Councal
vote to suppor findmgs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knorvn as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � ) J �✓dv'r'1.� Zip �L �
�-���� � �. �
(Signed) (Dat )
- �- - - � - !1D- S$5�
I e,��/ '�j�.,,,�.-, , request that the St. Paul City Council
vote to support th indings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly lrnown as Arnella's Night Ciub.
I am a Qatron of this establishment, and I strongly feel that they are doing all within their
power to mamtain a safe environment for both their customers and the general public.
I am a resident at 'tl �f �?LA� t'� �'`'-- Zip �j ,Sla �
.. � � �, � ,,,,,.,� �' . � 1 _ C'�, 0
I -�.�Q S� �./ ��� w�� �c �; request that the St Paul City Council
vote to svpport the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
i am a patron of this establishment, and I strongiy feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
� ( G �
I am a resident at ���l5 G��T i'�� '�� Zip SS /� .
� ` C��IS�� � S �� � �dc�
(Signed} (Date)
i���/ /� J tJ �`� ���st t�hat the St. Paul City Council
vote o svpport the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly lcnown as Arnelia's Night Ciub.
Do-S�S
�� V��
I am a patron of this establishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their customers and the ner pu �c. �'
F am a resident at �" 9��PEfJ r,�o o p�,� � P � p '�.. �-��� ,
—�-- � .�., � f ,
. �` �1 aaoo
{Signed} (Date)
I> � , request that the St. Paui City Council
vote t pQort the indings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
°-° -: ., : :_ _:..:.,.
00 •s8S
I am a patron of this establishtnent, and I strongly feel thai they aze doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
-- __...
- --=::�__
�
�
_ - -- - --0 $
I,�PUrl1 �,U. �20Gt/l✓ , request that the St Paul City Council
vote to support tLe findings of the Administrative Larv 3udge, as it relaies to not to
sanction the Metro Bar a�d Griil, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongty feeI that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at .S�g ���'i��/ s� Zips-�/(i
_.' �/`��� / /V i �L.!/( //vV ! �'�d��" l/ V
{Signed) (Date)
_ _ ._ __ . - -- - - b0• 58S
I _� request that the St. Paul City Council
vote to support the findings of the Admmistrative La�v 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at a�0 t-���'1 �E{ ) f'� ai� Zip CS�j 1� .
., � ,gS't 1'k �2 2C 7� ����C�;�.�'`ZlJ`t�
( igned) � (Date)
- -- — - -
— --- -- t;a- SgS
I �� � ��j{ � , rec{uest that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain environment for both their customers and the general puUlic.
1 am a resident at �� �"�9 �� Zip y���.
�
( ate)
_�_ . .=�.�.
oo-SS S
1, �� ,.I �� - , ,� � � � � , , reqnest that the St� Paul Clry Council
vote to support the findings of the Admmistrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as AmeIla's Night Club.
I am a patron of this estabiishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �
, request that the St. Paul City Council
vote to supp rt the mdi gs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
Zip � ,��?
�
s- � - �i tJ
(Dace)
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� {��9�`� S�` l� �'�6�VL� Zip SS �
, = � � 2- S �
(Signed) (Date)
j�U' S�3b
— - �� sg +7 --
j ��jJ(/�LY}'t S , request that the St. Paut City Council
vote to support the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at (��7 Gt-e—l� ���'�'� Zip �j U�.
.. IQ�� � ����-a�K'a� tS'�� 11�d
(Signed} (Date)
- - --- - - - - - - - ---- _.
!�0' S8S
I � �-��fi�� ��request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly irnown as Amella's Night Club.
I am a patron of this establishment, and I stron�ly feel that they are doing all within their
power to maintain� afe environment for both their customers and the general public.
I am a resident at �i��U ///� Zip
• ( � ��G'.� /���-��-�� � � � V G�
(Signed) (Date}
I .'t�/?!l�s�--� `x `�'� , request that the St. Paul City Council
vote to suQport the andings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
i
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe e�vironment for both their customers and the general puUlic.
Iama
Zip �
or� � �
S��l/'�
(Date)
�_ _ � � �_
I, � J� �pr.�-s �, �ru, t�.e, �— , request that the St. Paul City Council
vote to support the findings of the Admmistrative Law 3udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishmem, and I strongiy feel that they aze doing alI within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �J c� � f u vi c� e. � Zip �S/ Q�'j
.. �� _`��„Q� �� �� S ' � 1 � �
{Signed) (Date)
� --
�r :.
i �� ��� � fJ �(`� j� , request that the St. Paul City Council
vote to s pport the findings of the Admimstrative Iaw Judge, as it relates to not to
sanction the Metro Bar and Grili, commonly known as Amella's Nlght Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
potiver to maintain a safe environment for both their customers and the general puUlic.
i am a resident at i�l i���� �" n Zip �//�
_ � �, �tit�,�,� � a� �!�
(Signe ) (D e)
j ��j� ��! /����_ request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a re� at /�/�`� s'/ C�/�'!lJ �— T ZiP `��
� !
�
� �
{DaYe�%
!x�•���
< _:. v .�
- - - -- - � oV�S$S
I ���� > request that the St. Paul City Council
vote to support the findi� s of the Administrative Law dudge, as it relates to not to
sanetion the Metro Bar a Grill, commonly known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing alI within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ��{ d� f� � C� f f i r� ef �� __ Zip � rSY R ��
�-- f
.. ' J�IL(tGC�
(Signed) (Date)
- - - co-s8S
I ��-•a � � i" (,�C� �, request that the St Paul City Council
vote to support the findings of the Admimstrauve Law Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly lmown as Amella's Night Club.
I am a patron of this establis4tment, and I strongly feel that they are doing all within their
power ta maintain a safe environment for both their customers and the general public.
I am a resident at / t / �� � ��� Z �
{--.�
�
�
S � ''
{Dat�e)
Gd'r`JSS
T �fQ�f/Za �� �fr ��� � , request that the St. Paul City Councii
vote to svpport the �ndings of the Administrative Law Judge, as it relates to not to
sanetion the Metro Bar and Grili, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongiy feel that they are doing alt within their
power to maintain a safe envimnment for both their customers and the general puUlic.
I am a resident at �✓�� �UGL �� Zip ���� �
� r���,,�.��,�� 5 a�
(Signed � �a�)
I �,�C�. 1J��--�,�1 , request that the St. Paul City Council
vote to suppo � the findings of the Administrative Law 3udge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
— - �^ �s
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ���__� ��,���J�� ���� Zip �J�j �3�
, .�.-��- � �^-_ � �� - ��
(Signed} (Date)
1 �(� }` �� V� ���'v��, request thai the SL Paul City Council
vote to support the findings of the Admmistrative La�v Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as AmeIla's Night Club.
I am a patron of this establishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at t�� ��n ��� � �� Zip �� ��-4.
. � �.�� ������ �� 5- at -o�
(Signed) (Date)
I�� � � (�' ' _ re uest that the St. Paul Ci Council
,�' h Q�C ��7 �^" > q ty
vote to svpport the findings o�the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonIy known as Amella's 23ight Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environmesy�€er�both their custome and the general puUlic.
a t�i
.�
� �� _ .
I am a resid t at
... �., C����
(Sign ) �
�
(Date)
_00-58�
Do• 58S
�
I, � i�O�L r , request that the St. Paul City CounciS
vote to support the findings of e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feei that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I a�a resident at 1�� � �ri ,/v�v�� 'V Zip S S
Oo• SSS
� ��
(Date)
=�
- - Ot� - 58S
I fl��S ��L������� request that the St. Paul City Council
vote to support the findings of the Admirusuative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a re�ide�t at `7 ��` ) �� �� Zip �_ ���
� s --�.�- c� �
(Date)
-- - (�0-�JSS
I ��'�.� e � �,F�� , request that the St. Paul City Council
vote to support the Fndings of the Ad inistrative Law Judge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� �\ �''��` Zip�����
`��-��c� � �-�b
1 T— (Date)
8n
- - - G10^'S85�
I ����� �� �{� (` � S , zequest that the St. Paul City Council
vote to support the findings of the Admimstrative Law Judge, as it relazes to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I xm a patron of this establishment, and 1 strongty feel that they are doing all within their
po��er to maintain a safe environment for hoth their customers and the general public.
I am a resident at _? �/J �' ( L �� �! E� C� �� ZIF �� l
�� ,S -a � �C�
(Date)
,% �
I, ' �,���j �� request that the S� Paul City Council
vo e support the findings of the Administrative Law Judge, as it retates to not to
sanction the Metro Bar and Grili, commonly Imown as Amelia's P3ight Club.
�
___��
00- 5$S
I am a patron of this esiablishment, and I strongIy feel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
at ��
A ,�l Zip � / .
��fb�
�D�re>
I, � � �
�f n7c>� � X/ 9 6' , request that the St. Paul City Council
vote to support the ndings of the Administrative Law 3udge, as it relates to not to
sanetion the Metro Bar and Griil, commonly known as Arnella's Ni�ht Club.
I am a patron of this establishment, and 1 strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at /� j� ��n n/�l �` � Zip SS �� �
. ;/ _ �� 2� ac
( �gned) �.- � (Date)
av-5sS
v0- S8S
�, ���h �r�,,,l > request that the St. Paul City Council
voie io support the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amelia's I3ight Club.
1 am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �/G/ ��c�i�j1� �l�T Zip �5/GZ
. �� ���
(Signed)
� 1�1 �v
(Date) �
I J!'- l G� � ���� n , request that the St Paul City Council
vote to support the findings of the Admmistrative Law ludge, as it relates to not to
sanction the Metro Bar and GrilI, commonly known as Ameila's Night Club.
I sm a patron of this estahlishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their custoiners and the general puUlic.
I am a resident at
�? f 7 �c � f � rrc� z�p S s Y�� �
�
.� ����i�I ��7�2i�/'� � �}'� � �
(Sig�ed � (Date)
I, t�� N�i-'�-� �eu,�r,�'S , request tt�at the SL Paul City Council
vote to support the findings of the Administrative Law 3udge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amella's Night Club.
ao-58S
-- - OG S �S
I am a patron of this estabiishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general puUlic.
�� r�,, /`'
I am a resident at �� � 7 ��� C a• Zip c�� �'E� ,
. �� � �1�,^ ��
(Signed} (Date)
�' � �S
I request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly lmown as Amelia's Night Club.
1 am a patron of this establishment, and I strongiy feel that they are doing all within their
power to maintai a safe environment for both their customers and the general puUlic.
iT
*PZ"dent t ����'( ��..� ZiF ��
..1���� �� �-�����
(Date)
, �
I, r , t�. �(_�� p e request that the St. Paul City Council
vote to support t6 findings o e Admuustrative L.aw Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnelia's Night Club.
�_ �s
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a residenY at '� r�' S����� Zip ��
�� � � c(T e� C�_q e r s _
(Signed)
5 ���
(Date)
- - -co-S$S
.�
I ,{ ��, ��� , request that the St. Paul City Council
vote to support the �indmgs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Czri l l, commonly known as Ameila's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puU3ic.
I am a resident at � �v f�rut�/ /'n/ S�'� 3 Zip 1 S�l� .
S- � 1- U c�
(Si d} (Date)
I, � � cv r �(I �- �r1�i t"t '�'` C jG `f l , request that the St. Paul City Council
vote to support the findings of the Admirustrative Law Judge, as it relates to not to
sanetion the Metro Bar and Grili, commonly known as Amella's Night Club.
00
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe envirorunent for both their customers�n� general public.
��/ J �/1
I am a resident at �`7 �"Z'� �-- � r ��� ZiP �-
. � �������
(Signed) / (Date)
- � request that the St Paul City Council
vote o support the findings of the Administrative Law Judge, as it relaies to ssot to
sanction the Ivletro Bar and Grill, commonly Irnown as Amelia's Night Club.
I am a patron of this esiablishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their ustomers and the general public.
1 am a resident at �� S v.� Zip �����
� l �� � ' � A.C� � �
(Signed) (Date)
cx�= s8�
--- ---- -- - - Oo-5�5
j ��������"� ��� �vr (�. , request that the St. Paul City Council
vote to supQort the findings of the Admuustcative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
gower to maintain a safe environment for both their customers and the genera] puUlic.
I am a resident at � 2 - 3 � ` rk ,v � ��� Zlp S � ^ y ��
� �c�:�-� °'�� ����- S � Z / � o �
� �
(Sign�e (Date)
- - �p'�'J$`J
I %�/(/�Lr/� ? C G .S �V(�Sd1� , request that the St. Paul City Councii
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelia's Night Club.
I am a pauon of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � U� d �n�l a' S � vE N' Zip y�J
. �°���� � ^ �` � - �o
(Signed) (Date)
.. ----- ----- -- - - - - -
-- - C�-5 � -_.
I `���i/i-� �`�� , request that the St Pau( City Council
vote to support the findings of the Administrative La�v Ju dge, as rt re lates to not to
sanction the Meno Bar and Grill, common3y known as Arnella's Night Club.
I am a patron of this estabiishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the genezal public.
I am a resider�t at ��� � [(�(1�-C, Zip � 53 jG (
. ��%�°" �
/V' k; .� �! �i�i
1�� �
(Date}
I> 1" /�C"vr �r �v- Y�1!-�" request that the St. Paul City Council
vote to support t e findings of the dministrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knawn as Arnella's Night Club.
- -�"5�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the geS�ral public,.�
j J ,�J �U�,,�.��.
I am_a resident at ,� �'�'�`�,�,�„�` -�}-�_e �iv�,uG S (3 } �Lip �����5 � 1 �
��� �,� � �� � ��
(Signed) � (Date)
I, ` lj f� , request that the St. Paul City Council
vote to sc port t' findings of the Administrative Law Judge, as it relates to not to
sancYion the tro Bar and Grill, commonly known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that they ue doing all within their
po�ver to maintain a safe environment for hath their customers and the general public.
1 am a resident at
Zip _�y/� .
-- - DO � ,C.v � 5
� /
% 2 � �'j
,� � (Date)
� - � � request that the St. Paul City Council
vote to support the findin o the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
- - od- 58S --
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general puUlic.
I am a resident at
�
Zip �� C�
S ���
(Date)
I ��//A G���� , request that the St. Paul City Council
vote to su ort the findings o e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knawn as Amella's Night CIub.
I am a patron of this estabtishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ������I� S� � Zip �-`J �.
. .� �. L DC�
(Signe (Date)
CJ�+ ' .) p J
�- 5S5 -
I, � 6 ����Ji +.l �- > request that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanetion the Meuo Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this estabiishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ydl�J �, 1 �H � 1C �n - {_ 1f��5 Zip �S�Li�.
.� � ��,� �-a i- o�
(Signed) (Date)
I ° -� �� "_' V `�� �� request that the St Paul City Council
vote'to support he findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
tb- 58�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environm e�for both their custpmers and the general public.
��a�1dY It � � Zi p—=�t.! ��
� ( e /1
tsi��)
� + —��
� �
(Date)
. � ' L'L/tiLr.P �' � J�O S
vote to support the find�of���� ve Law ud�eeas re a es o not to ii
sanction the Metro Bar and Grill, commonly known as Arnelia's Night Club.
; I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at _ 1 3 I��Z �i �'
Zip �.1 1
(Signed) � � �� " �
(Da e)
� --- - - -
I, request thaC the St. Paul City Council
vote su port t$ fin ngs of the �nistrative Law 3udge, as it relates to not to
sanction the Metro Bar and Gritl, commoniy known as Amella's Night Club.
�Q� S0�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
a resident at ; � �"'� �1 ���� _�� Zip ��� �
���(-f��
00 -585
I, �(' �-� �7 (���� \��� , request that the St. Paul City Council
vote to support the f ndings of the Administrative Law Judge, as it relates to not to
sanction the Metro Baz and CTrill, commonly Irnown as Amelia's Night Club.
I am a patron of this establishment, and I strongly feet that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� �� 1N C� �� J-� �' i'�c� Zip .JSfT.
� t
... �- ��-OC�
( igned) (Date)
�o-sss
I, request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanctio� the Metro Bar and Grill, commonly known as Arnella's Night Club.
_ __,_ . .._: ��„
Cn• 585
I, �� �X � , request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Meuo Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establislunent, and I strongly feel that they are doing ail within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � p`1" i�V�Y����-'� �'L�x Zip ����
r Z o�
(Si d) (Date)
I am a patron of this establishment, and I strongly feel that they ase doang a11 within their
power to maintain a safe environment for both their customers and the general public.
I, �( Gt',� � request that the St. Pau1 City Council
vote #o support e findings of the Adminisuative L.aw 3udge, as it relafes to not to
sanction the Metro Bar and Griil, commonly known as Arnelia's Night Club.
I am a pauon of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at
Zip ��r .
S - a�-�
(Date)
I,..�- (=� �w��-� request that the St. Paul City Council
vote to suppor e findings of the Adminisuative La�v Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at f Z � f ��� �`�e- Zip �5 (�.
C � ,-- � U �� �}
` �.�
(Si d) (Date)
I,.f /�[�C�� (� /(�/"�� J7c���request that the St. Paul City Council
vote to support the findings of the Admimst�dtive Law Judge, as it relates to not to
sanction the Metro Bar and Griii, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
pawer to maintain a safe environment for both their customers and the generai public.
I am a resident at ,�jL C�S Ci Zip S 5��. t �
i ♦ :�i
UO - Sd5"�
�'�J$s�
2t� �b ��
igned) 'G? � ? �'� (Date)
� d�r �� _��'A�' � , request that the St Paul City Council
vote tb support the findings of the Administrative I.aw Judge, as it relates Yo not to
sancfion the Metro Bar and Grill, commonly known as Arnella's Night Club.
�-58.5
I am a patron of this establishznent, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ��� �(a �� p�. � Zip�
,_
� -1����-- �5-z[-Q�
(Si ed) (Date)
I> �'%`� � �('e�-�"'� request that the St. Paul City Council
vot�ct�suppSrt the findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Arnella's Night Club.
I am a patron of this establishment, and I strongly £eel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at 1 ��41� //�,��. � V" � Zip ��i
[ °
t� :
` �, i'�� /1 /�//1�l � O.A�-� .✓ ! L �� � �
�°''�"� (Date)�
__ - - - �
- - ---_____... -
-- ---
--- .. . _- - . ..._.__� � �-r
Q� � 5g�
I> -S�^- l� request that the St. Paul City Council
vote to support the findings of the ''strative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that atey are doing all within their
power to maintain a safe environment for both their customers and the generai public.
� am a resident at � J� �(,Z't � �` y_ Zip � 1 b
�s� ���� �
(Signed) (Date�(�--�-!��
Uo -5SS
I, ��Y}� �e�'j , request that the St. Paul City Council
�o+e to support the �inuings of the �csninistrative Law Judge, as it relates io not to
sanction �he Ivietro Bar �nd G S ili� commonly known as P rr.elia's Night Club.
I am a patron of `�'r,is estab;ishment and I s�ronely fzel that they are doing aII within ineir
power to maintain a safe enviror,mer.t for both their customers and u'�e gene:al public.
I am a resident at �iZ'� •..�'SSt? !k� x:�, `�cL�e_ � Zip ��/,7 _
�
� �/ �'_/?
(`�at°)
r � CV
✓
I, �' � request that the St. Paul Clty Council
vote to support the findings the Administrative Law Judge, as it relates to not to
sanetion the Metro Bar and riil, commonly lmown as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
., � / �S/�
I am a resident at ,�� /,[.�/��� /.f.f� Zip�����4�
� �"� /�azs
(Date)
'�-�� 00 -$'85
I, � l 1 �,���'1.-� request that the St. Paul City Council
vote to support the findings of the A�tive Law Judge, as it relates to not to
sanetion the Metro Sar and Gri11, commonly known as Amella's Night Club.
I am a patron of this establisFupent, and I strongly feei that they are doing afl within their
power to maintain a safe environment for both Yheir custome � and the general public.
am a re 'dent at ^ �CCg Zip � , � � .
_ ^
(Signed) ( (Date}
od - 58�
I Gl (� �^,( ��,�} S6N , request that the St. Paui City Council .
vote to support the findings o£the Admimstrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel thaY they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �! � U G` ��'d'�� �T�`P—' Z 'p '��� I
s " �_�o �L� :..� �:-X�z.t.cJ�3__ �/� l �� �
(Signed) (Date)
� � i ��' 1 (
I, C G r I� � request that the St. Paul City Council
vote to support the findings of the A inistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
��5��
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at ��� 1V �� t�C��F�f'(-���"� �'�°�. Zip �� �
��Zr jo�
(Signed) (Date) -
I �nn i s Il e,�n�yv , request that the St. Paul City Council
vote to support the findings o the Administrative Law 3udge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelia's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at 5(8 SGi,�r �urh � (-�V�e._ Zip ,S`s � n .
_. ., w __..._v___-_-�.=_:.
v_ r ���
�'„ I��.Q�.�,� ' zl �b
`{'�igned) (Date
I, � request that the St. Paul City Council
vote t support the findings oP the Administrative Law Judge, as it relates to not to
sanct n the Metro Bar and Grill, commonly known as AmeIla's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing al1 within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at "� g�,(�, �(/n �yLp��lj�� .Q.��{ Zip s s>(��
1!(�Y1 `� �'�
igned) (Date)
�
I 1� � i' ��Q W1 _�G �� v� , request that the St. Paul City Council
vote to support the findmgs of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and 1 strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at �n � "fi U"1 ot`�'`2`�' Zip S� l/ �.
�,1.�..i..�l��.,,�� �a.�,�'t,ru 5 /3 D�o a
(Signed) (Date)
I ��y �� J� � -S C C7-r �. _, request that the St. Paul City Council
vote to supPort the findings of t e Administrative Law Judge, as it relates to not to
sanction the Meuo Bar and Grill, commonly lmown as Amella's Night Club.
I am a patron af this establishment, and I strongly feet that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at 3� 6 tn L. Zip _� S�L} `�
�
G���� � S z/ �ro
,� ,. ,,,�. ,
ro•S�S
t� �- 585� — -
ii :
' l n / � o�
I > �-�`� �/a� t�-`e.i� Y'�i request that the St. Paul City Council
vote to svpport the findings of the Adm�i trative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
s/����__
(Date)
Oo'S$� -
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �) �- �� t e r #� Zip S 5� .
z �(.t�r..�,t� �� , request that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am resident at `t� � � �-�"/N'L'�^P `�� ��f47�.2t/�L�p J � � .�-,b
� �21 b U _
(Signe (Date)
° --•-_�-_�
oo-sg�
I �E/�� �� rt d , request that the St. Paut Gity Council
vote to support the findings of the Administrative Law Judge, as it relaYes to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at I/ A ��i9�1 Zip ���
p _�� '�l�
(Signed) (Date)
�-5gs
I request that the St. Paui City Council
vote to s po t the findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Ameila's Night Club.
I am a patron of this establishment, and 1 strongiy feel that they are doing ali within their
power to maintain a safe environment for both their custs�e��a� e general public.
I am a resident at /� C3�_� 1 ''� +� �' � `� Ztp S 16 �
�� � - .Z ( - � crz�z�—
i ed (Date)
I, � ro�/ Q�1 , request that the St. Paul City Council
vote to support the findings of the AdmmLStrative Law Judge, as it relates to not to
sanction the MeSro Bar and Grill, commonly known as Arnella's Night Club.
Ol� -. J�'$b�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
Iamaresiden�t ��V b ���Dt� � Z�P— 2:J! `!�
'�� �'� l_.e_/
(�V�SO�
I , �,�, request that the St. Paul City Council
vote to supQort the findings o� e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ,� (� 5�� r bu�c- �n � PU �_-- Zip , 3" � D.
51'. �a w� �h
n.. .�• , � o o__
�/z//cc�
.. ! oo - s85�
1 ,
T, � S'C�i' i /''� �d�equest that the St. Paul City Council
vote to support e finding of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly laiown as Amella's Night Club.
I am a patron of this establishment, and I strongly feel th�t they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �3� ,���iQ �/j�� �R�/L � ����Zip � ��,
l
S-�/-GG
(Date)
W � �.�II
I ���,�.� t� _� �;e.,�s , request that the St Paul City Councii
vote to support the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I suongly feel that they are doing all within their
power to maintain a safe environment for both their customexs and the general pubiic.
I am a resident at � t-��A�'+�--� �.� '��lZo�����iP-51- ��/
�-a�-�c�
(Date)
- - --- - Gi� - J`
I, � � D request that the St. Paul City Councii
vote to suppor the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and GriII, commoniy known as Arnella's Night Club.
I am a patron of this estabiishmenY, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at />��� �j�%���� f�� �j �� Zip��7
� G b
� ,��. S :-�l� - b�
(Signed) (Date)
I, �(� J'1) iii 1 r L^' � e��, i�W. n� y�9uest that the St. Paul City Council
vote to support the findings of the Admimstrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
DO - 585
I am a patron of this establishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general public.
�
I am a resident at (� C� 3�= � i� ��L�. W� Zip �. (} (
.. � T�iw.°.�� ' 1 ' � �-- �C./�...�,�-�� '� �. l — O �
( igned) (Aate)
"– _ � p -, --'_____. ;��� – _—__ _ � 5gS
I �=�_ --} }� .� ;. .,�, 'a . '°�:��.,�request that the St Paul City Council
5 � `� ''*
vote toTsupport the findings of"the A inistrative Law 3ud�e, as it relates to not ta
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this esYablishment, and I strongly feel that they aze doing all within their
power to rnaintain a safe environment for both their customers and the �eneral public.
� �.,, '"'.= �''.�,
-m �., � ,-
,� "° :�
, � =a � � s�s- _ �, <.. _ _ Zip
1 am a resident at x '" '"�--`�' � � � � ` �' `
�..,..._ . �.
�
- �•, -°- ^�' � : �
� o � � . ; � A ,."'_,
..,-_-n._ .�., - _ - � �....�?»._ >i _ ,�:,..�.-, �.,.._.., r .,.�,..,-'
(Signed)� � � (Date)
C�.G; I;�- �, �6,��L� rx�-5g�"
I, request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not ta
sanetion the Metro Bar and Grill, commonly known as Amella's I3ight Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� 3$�.� �R �� {� v � rt If � Zip S 5( �j
�s=�-Q� ���.�� �a � l �
(Signed) (Date)
.. c�-�s
I, •, ��"'' £s �' �� request that the St Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing aIl within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at g�y � v16/4 /� � Zip S� ' .
__ ��� C°� S-al��a
(Signed) (Date)
�"SO�
I, �� CL.�� c�� ��'�:..C4� that the St. Paul City Council
vote to support the findings of the Ad ' inistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �'� 5# �`�-�-� Zip �S l CJ�
.� � �..e�- ����� S� ds ��-�l�
(Signed) ` (Date)
�' J�BS
`� .'x � � ,'� ? 3 3 �R ?
� 3
I, ; � ''''�� ;»,��.�� '�. '?'�.�=�-:� that the St. Paut City Council
vote to support the findings of`the Admiriistrati`ve Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Ame11a's Night Club.
I am a patron of this establishment, and I suongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
�
` � � �-- -: f ? � �' � -�`��:�: �
I am a resident at ,,�.: ''-�" �°°�' � sk�"� ��- � Zip- a�` °� ;�
�- '� 3 _� � � � J �" �� .e � `� ? 9'.�
�q� !,� � i +"tC� �l J1f �.���f"�3 y�� s� ✓
_ (�igrieii) . , �� - � � (Date) ' > -
00-58�
I, �/L �-t— /,e.(�«� request that the St. Paul City Council
Yote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Griil; commonly known as /�rnella's Night Club.
I am a patron of this establishment, and 1 strongiy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a r sid nt at !!�lj ���r�-,�f) LC. '�� t r�� Zip S S��''
�zreo
(Date)
�— 'J`�J�
I> � , request that the St. Paul City Council
vote to svpport the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
(Signed) '
(Date)
I, /�' (� /7/6 5 I'/o� (/ �� , request that the St. Paul City Council
vote to sup�ort the findings of the Administrative L,aw Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnetla's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� �✓. w• ��/e-� �� Z�P ����
G���- ��-
-fSigned)
����1�
(Date)
-- �_
z�P� "� tl ���-i
C�
DD-585
I atn a patron of this establishment, and I strongly feel that they are doing all within their
power to mainrain a safe environment for both their customers and the genetal public.
- _:�.
M oa - ssS
I ' �-�r� � request that the St. Paul City Council
vote to support the findings of the Administrative Iaw Judge, as it relates to not to
sanctionthe Metro Bar and GriII, commonly known as Arnetla's Night Ciub.
I am a patron of this establishment, and I strongly feel th3t they are doing alI with9n their
poiver to maintain a safe environment for both their customers and the general public.
I am a resident at _� �;� G��� �Q Zip �'rj Q%
"� ��f�
� i�ed)
- ,s/z� oa
(Date)
I � est that the St. Paul City Council
vote t port the fin ' gs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amella's Night Club.
ao - s$s
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a s� environr�ent fqr b�th their customers and the general public.
I am �-resident at
(Signed)
Zip
5 ����
(Date)
___ ...---
G�0- 585
I, o est that the St. Paul City Council
vote o support the fin ings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Czrill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both thei: customers and the general public.
I am a resident at �J�_.;�1�'j������r/__2°�_ Zip ��� !
� �� � � �
{Signed) (Datei
- -- -- --
�- --- -=-�-
- - ------ DO - 68s
I 1�1�� �) �� , request that the St. Paul City Council
vote o suppor the findings of the Admuustrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I atn a patron of this establishment, and I strongly feel that they are doing all within their
go�ver to maintain a safe environment for both their customers and the general public.
I am a resident at �533 �>�o����� / Zip S�//7.
` A / r /SdS \ �
� (Date)
- — — --- --- - -� —
V
I request that the St. Paul City Council
vote io support t e findings of the Administrative Law Judge, as it relates to not to
sanction the Me o Bar and Grill, commonly known as Ameila's Night Club.
I am a patron of this esiablishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� 1 �,E C�1711 � Z�P ;J���� `
,
% � �i �Gf�
(Date
av -sgs
I, J o�' �.1 /� •�v �t -e 5 , request that the St. Paul City Council
vote to support the findings of the Administrative La�v Judge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as AmeIla's Night Ctub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
. n .� ; , n .^ _ e � ,�� �t� zip �3y�/
�
�
,�/ � /vd
(Date)
_-- - ---- -- --- op_ ��5
I ���9� %,tq � j/� , request that the 5t. Paul City Council
vote to svpport the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Baz and Grill, commonly irnown as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing atl within their
po��er to maintain a safe environment far both their customers and Yhe general puUlic.
I am a resident at �� �l��To� �% f A�L ' zip S
.. �� i�/"�- '��Y �� . ��oc
(Signed) (Date)
I, ��p-y–/jo�a ,�1.��.,,� /�_ , request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
(.'� – S8 �
I am a patron of this estabiishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for boYh their customers and the general puUlic.
I am a resident at �� o�.�„� �,oi,�2 Zip S�`//D '
' ��77`n�r ,�J'i�a ��'� � Y /
(Signed�� (Date)
Y e, request that the St. Paui City Couacit
vo e to support ffie findings of the dministrative Larv Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's NighY Club.
�� S�? --
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at // I� ��1' �__ Zip ��� i .
\ ��
��;
� igned) ( aie)
-- ------ --------------- �_ s$s_.
�---
I � ���, request that the St. Paul City Council
vote to suppo t the findings of t�ie Admimstrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a pauon of this _establishment, and I strongIy feel that they are doing ati within their
po�ver to maintain a safe environment for both their customers and the general public.
I am a resident at l(D � Y `�J�� ��� Zip �u�
. �-- _a
(Signed} (Daie)
UO - 5`a5
I, � ���-.� S� (�C � , request that ihe St. Paui City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelta's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a residenY at � Y����=�=z� �� Zip �C�
` ,� ;� �-- ��
lgned)\ (Date)
' �_ ,
--- -------- -- — -- (�" S$5
\ � .
'�`� �`L��� 4'�� 1, request that the St. Paul City Council
vote to support the findings of the Admi tive Law Judge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at i�� lr'f✓ �\� �� Z�P �� � G �
^ �-,� ��-��
� �`-� � ° 1 �
(Signed) d (Date)
�
U request that the St. Paul City Council
I, r�
vo o support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Baz and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�iy feel that they are doing all within their
po�ver to maintain a safe environment for both t ir customers and the general public.
I am a reside at �/�X _`� �✓� C� Gt !/� Zip ��
� � �' oZ O�
._ ,-_.
� •��� (Date)
t�- 58S
- ------------- - (.�-�$5
I ���f`a � ����/�_, request that the St. Paul City Council
vote to support the findiugs of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feei that they are doing ali within their
power to maintain a safe environment for both their customers and the generat public.
I am a resident at �� �{.� (� `�' � B Zip J�y� �
..� �' �S
,,,,,P�il (Date}
I C� , request that the St. Paul City Council
vote to support the findings of the Admmistrarive Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Ciub.
i1 :
I am a patron of this establishment, and I strongly feel that they are doing alI within their
po�ver to maintain a safe environment for oth their customers and the general public.
(��/ �`�'��--- ziP ? S��S
I am resi ent at
, � t' �-�
., �¢;�,Prti (Date)
I /"I !f' C�/ � request that the St� Paul City Council
vote to support he findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as AmeIIa's Night Club.
I am a patron of this establishment, and I strongly feel that ihey are doing al2 within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ��j �/ \.J� G�'2.C,.� /� � Zip � S� �Y
. �-- � �� � �v� v
(Signed) (Date)
I � n �. �Q P.( > request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
a�-sgS
W' �Jgs
I am a pauon of this establishment, and I strongly feel that they are doing ail within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a esident at �
. XA/V / V ' { OY��IA
z�p '� l U.�/
� - Z2 - ��
(Date)
--- �"S� J
I �,�,,. ��� � G� , request that the St. Paui Ciry Council
vote to support the findings of the Administrative I.aw 7udge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel thai they are doing all within their
power io maintain a safe environment for both their customers and the generai public.
I am a resident at
-�� r l �-� �-- � s
.� �� �� �Q
(Signed)
--ZIP �3<C 4 '`j
��� �
(Date)
I, %)oJ� D���; , request that the St. Paul Ciry Council
vote tio support Yhe findings ofthe Administrative La�v Judge, as it retates to not to
sanction the Metro Bar and Gril1, commonly known as ArneIla's Night Club.
I am a patron of this estabiishment, and I stron�Iy feei that they are doing all within their
po�ver to maintain a safe environment for both their customers and the generat public.
I am a resident at __��Uy S��
z�p 5 '��c `t .
�� � � .r-��>>
(S� �� (Date)
�= r
I , request that the St. Paul City Council
vote to svpport th ndings of the Administrative La�v Judge, as it relates to not to
sanetion the Meko ar and Griil, commonly known as Amella's Night Club.
b0 -5$S
- - Do -585
I am a patron of this estabiishment, and I strongly feel that they are doin� ali within their
po�ver to maintain a safe environment for both theiz customers and the generai public.
I am a resident at C 1� Zip� �� // �
�
(Signed}
(Date)
� /�
I�� _°" ,1 /'/ , request that the St. Pau1 City Councii
vote to support the m}ng o the A istrative Law Judge, as it relates to not to
sanction Yhe Metro Bar and Grill, commonly known as Ame l la's Ni� ht C iu b.
�-S�5
I am a patron of this establishment, and I strong[y feel that they are doing alt within their
po�ver to maintain a safe environment for both their customers and the general public.
I am a resident at ��� �� ,C' � 2 tP �
� �
. `-�" � ���2G�
(Signed} (Date)
I, �,. � i•�, (9���'S , request that the St Paul City Council
vote to supgort the findings of Yhe Administrative Law Judge, as it reiates to not to
sanction the Metro Baz and Grill, commonly known as AmelIa's Night CIub.
I am a patron of this estabiishment, and I stron;ly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general pubiic.
a ����u�� Zz ��
I am a resident at � P �
� ����-� c� 2��%
(Signed) �Dat� /
I, '�q � 1�-('} ��� CaG �''� �� , request that the St. Paul City Council
vote to supporY the findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and GrelE, commonly known as Arnella's Night Club.
� -585
�� ;�
I atn a patron of this establishment, and I strongiy feel that they are doing all within their
potiver to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ��� ����� �'""� �f ��"'"'�- Zip � s� v�
.. ,�-„� �e�G`„" .�r,- � G — `�.,-��° �
(Signed) (Date}
T �C�,q �. / ����,{/�jf/�,( ° - request That the St Paul City Council
vote to support the findings of the Admmtstrative Law Judge, as it reIates to not to
sancYion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongiy feei that they are doin� ail within their
po�ver to maintain a safe environment for both t5eir customers and the general pubtic.
I am a resident at /�� ���'�,� �� AG(c �� S � k Z P���D�_
_ „?�—
� • S�°
(Signed)
Q�- 5$5
� /
I, 1�i �"���f�"i "i r,t r�f I?Ir< ��I I�equest that the St. Paul City Council
vote to support the findings of the Administra+frve Law Judge, as it relates Yo not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongiy feel that they aze doing a11 within their
power to maintain a safe environment for both their customers and the general public.
�� � C - z� � � � �?`�
I am a resident at
� 1'Y� ��. �� - �n �,� . �C.. 1� �Q �`�" c� - � - � C>
{Signed) (Date)
-- -�'���
I, __ ('�G�L �� � C( l��V\ , request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knorvn as Ameila's Night Club.
I am a patron of this esiablishanent, and I strongly feel that they are doing alI within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� ���G' ���h �v� 1 =� S`V�U+1(Zjp ,��
' r - ^ 1�T/1 . l � �Y� � �/��-"' V �� '� �-, ��
(Signed) � (Date
G�'Sg5
I �� j� p �� �'j� � , request ihat the SY. Paul City Councii
vote io support the findings of the AdmimstraYiva Larv 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arneita's Night Club.
I am a pairon of this establishment, and I strongiy feet that they are doing all within their
po��er to maintain a safe environment for both their customers and the genera] puUlic.
I am a resident at ��� �f��✓ ,��E'� Zip S S Ib �.
. ���,c � ,8c��--� S ����`��
(Signed) ' (Date)
. - ------ - -- - - _
_--,._,_ �_�.:�=
� � c� • S�S
I `���/� �i7�'n� i'�� , request that the St. Paul City Council
vote tn support'the findings of the Adzninistrative Law Judge, as it relates to aot to
sanetion the Metto Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�ly feel that they are doing aII within their
power to maintain a safe environment far both their customers and the general public.
I am a resident at ��� G��1`�G �� �'� �� Zip S� �' �
� �.��� ��.�..- �-� �
G� faa-/� �� �
(Signed) (Datej �
�
i ���� p'�" , requesl that the S� Paul City Couneil
vot io support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Gri11, commoniy known as ArnelIa's Ni�ht Ciub.
I am a patron of this establishment, and I strongIy feel that they aze doing all within their
power to maintain a safe environment for boYh their customers and the general public.
I am a resident at �� � /�1��� �� ZiP ���
.. . �� ,� �/�' �--�
( tgned) (Date)
I �r,,, ���" y/ ��. ���' SB �1 , request that the St. Paut City Council
vote to support the findings of the Administrative Law Judge, as it relaYes To not tfl
sanction the Metro Bar and GrilI, commonly known as Arnelia's Ni�ht Ctub.
Cx3• 5$S
_._ _ _ .._
�' �J � �
I am a patron of this establishment, and I strongiy feel that they are doing ail within their
po�ver to maintain a safe environment for both tneir customers and the general puUlic.
) g7?C�.r�CtS . '/
I am a resident at J� r/���U� �`� h-� S o fFt �{'f/. Zip .S`�S��a 7-
. ��� �y�� %w �
(Signed)
�=�� a em�
(Date)
- - - -- - - - - - - --- --
- �' S85
I �-�'11� - .� �� �� , requesY that the St. Paul City Council
vote to support the findings of the Administrative Lativ 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�Iy feel that they are doing all within their
pol�rer to maintain a safe environment for both their customers and the general puUlic.
I am a resident at f� O( � �� -� ��-IG� ��� � Zip �S�
. --�� '
��c� S-a� G �
(Signed) (Date)
'' l < ` <
I, ����'&� �N � l� 1�V�J , request that the St. Paul City Council
vote to support the findings of the Administrative La�v Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � � �� \ �� �L� � ��" i �`P ���. � � ���
, �, ��� L - ��
(Sign (Date)
l�0- 5$S
I ��� Q �j'� �� �,(��� request that the St Paul City Council
vote to support the findings of the Admimstrative La�v Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their custom rs and the general public.
I am a resident at 1`\F� J u�\ Zip �J
. � �PpJ� ���1.�/I � - Z`�� �
(Signed} (Date)
Q'J-S$5"
I p /� , � , request that the St Paul City Council
vote to support he finding of e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� �� v��T {� / r� 11 i'Y� I l�i�ip
(Signed} (Date)
00-585
�—S�J�
I �`( �\ `�� ��`t`(� � , request that the St. Paul City Council
vote to support t�ie findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
(�' ���, �
I am a resident at �"I ��1,�1� � � Z � 1 ���
�
��� � 5
� ed) (Date)
I, � z n r� r� �,t' W.' �� c'�m S , request that the St. Paul City Council
vote to support fhe findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general pubiic.
I am a resident at I S 6 Gi�'S'-� 2✓ %i^t <��i^EOC Zip S�S' /O 7
L�-585
. - ,�i �U'��'�c;� 2,/�-��z� s Z Z G�/'
(Signed) (Date)
---=�-_
I request that the St. Paul City Council
vote to sup ort the findings o the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and rill, commonly known as'Amella's Night Club.
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public. �
I am a resident at
0 �� \' � � '" � V �� ZlP �� �
�O G� � U
(Si d) (Date)
I r: �%�,[�G�C'�I� `�'''?� , request that the St Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
--- 00-58�
�' S$S
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environme t for both their customers and the general puUlic.
I am a resident at �/1 � 4�-��L�--- ���'`l /'�' Zip ✓�S� O j
. /� C��2-� � " `f /�
(Signe
(Date)
-- -
--- ----- --- --- — -- - — — - - —_.. ._ ---
�" S$S
I�� IPf�1� Q , request that the St. Paul City Council
vote to support Yhe findings of the Admimstrative I,arv Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ��� �(�.� bl,l,4 n� Zip ��L
. y .2�� � c�c���
(Signed) (Date)
� - 585
I, �� �jv� �i4-� S , request that the St. Paul City Council
vote to support the findings of the Administrative I.aw Judge, as it relates to not to
sancrion the Metro Bar and Griil, commonly lrnown as P,mella's Night Ciub.
I am a patron of this establishment, and I strongly feel thaY they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at -! / U G�`��h� �/ Zip �6 �
�� �� ���
(Signed) (Date)
I������ ��� � request that the St. Paul City Council
,
vote to support the findings of the A inistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
UO • S8�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
j � A /� �- {n,,
I am a resident at �JS /t! � � � iC/1 �'�l�-b�\� Zip �� �
{ �/� /f?
(Signed) (Date)
I ��n n���e �1 e r �� request that the St. Paul City Council
vote to support the findings o the�' Administrarive Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Ciub.
I am a patron of this establishment, and I strongiy feel that they are doing aIl within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at S(8 S�i�� �urn � AV�. Zip 5�; � a
s/��/�o
� � �Ss
° 1 _�6_.w---�. �G��r� � .� �D
`f5igned) (Date
CITIZEN SERVICE OFFICE
F2d Owusq City Clerk
CITY OF SAINT PAUL
Norm Coleman, .Yfayor
170 City Hall Tel.: 651-266-8989
ISWKellaggBou[evm�d F�: 651-266-8689
SaintPaul Mi�mesota 55702
October 25, 2000
Mr. Frederick K. Grittner
Clerk of the Appellate Courts
Minnesota Judicial Center
25 Constitution Avenue
Saint Paul, MN 55155
Re: Metro Bar & Grill, Inc., dba Arnellia's at 1183 University Ave.
Appellate Court File: C6-00-1156
Dear Mr. Grittner:
HAND DELIVERED
Enciosed herewith please find an index and originals of the Saint Paul City Council's
record in the above referenced matter. This is the City Council's complete record and
its index.
By copy of this letter, the index is being sent to Attorneys for Petitioner and
Respondent, together with affidavits of service by Mail.
Sincerely,
a�fi %��"� !G, ��
Frederick K. Owusu
City Clerk
cc: Virginia Palmer, Assistant City Attorney (index only)
S. Mark Vaught, Attorney at Law (index only)
STATE OF NIINNESOTA )
) ss.
COUNTY OF RAMSEY )
Frederick K. Owusu, City Clerk, being first duly swom, deposes and says that on October 25, 2000 he
servedthe attached:
Index to the Saint Paul City Councii File No. 00-585
upon the followuig attorney(s), individual(s) or corporation(s) by placing a mie and correct copy thereof in
an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails
at Saint Paul, Muuiesota.
Ciayton Robinson
Saint Paul City Attorney
Virginia D. Palmer
Assistant Saint Paul City Attorney
Atty. Reg. No. 128995
15 West Kellogg Blvd, Suite 400
Saint Paul, MN 55102
Attomeys for Respondent
S. Mazk Vaught
Attorney at Law
Atty. Reg. No. 131519
Six VJest Fifth Street, Suite 700
Saint Paul, MN 55102-1412
Attorney for Petitioner
-�� �. ���
-.�
Subscrihed and sworn to before me
this ��' day of �c , 20��
�
Notary Public
v'�. SHARI A. MOORE
N4TARY RJ�C _ �
�... � A
EXA�RES JqN. 31, ZOOg
��
COURT OF APPEALS NUMBER:C6-00-1156
INDSX OR COIINCIL FILE (C.F.) 00-585
DOC.
NUMBLR
1
�
3
0
�
DATE
DESCRIPTION
6-21-00 Resolution and Green Sheet suspending the
(c3ate , license of Metro Bar & Grill d/b/a
adopted Arnellia's and adopting the Report of the
by ALJ with exceptions and amendments
Council)
6-1-00 Letter from State Representative Andy
Dawkins offering opinion that Arnellia's
license not be suspended.
4-20-00 Notice of Public Hearing leCter sent to
Attorney Mark Vaught by Assistant City
Attorney Virginia Palmer regarding 1-26-00
Findings of Fact, Conclusions of Law and
Recommendation of the Administrative Law
Judge.
5-3-00 Letter from Virginia Palmer to Mark Vaught
regarding the City's Exceptions to the
Findings of Fact, Conclusions of Law and
Recommendation of the ALJ. Includes
City's Final Argument - Statement of Facts
5-9-00 Memo to City Council £rom Nancy Anderson
regarding laying over of item #32 on the
May 10 Council Agenda to June 7 for a
Public Hearing.
NLTMB&R
OF
PAGES
7
il
11
17
1
6. 144 petition cards requesting the City 144
Council to support the findings of the caras in
ALJ, as it relates to not sanction i
Arnella's. envelope
7. 6-21-00
8. 6-21-00
Videotape of 6-21-00 Saint Paul City
Council meeting,
Summary minutes of 6-21-00 Saint Paul City
Council meeting.
DOCUMENTS RETURNED BY TEiE AT,J
RECEIVED IN THE CITY CLERK'S OFFICE 4-5-00
�
10
4-4-00 Letter from Phyllis Reha, Administrative
Law Judge, to the City Council regarding
the Findings of Fact, Conclusions and
Recommendations.
3-6-00 Letter from Virginia Palmer to t11e ALJ
Phyllis Reha regarding City's Reply
Memorandum.
1 tape
14
F_ya
0
�
11. 3-6-00
12. 3-2-0�
13. 2-18-00
Fax cover from Mark Vaught to Phyllis Reha
regarding no further submissions in the
Metro Bar & Grill matter.
Fax from Mark Vaught to Phyllis Reha
summarizing and presenting Respondent's
view of the evidence.
Letter from Virginia Palmer to Phyllis
Reha enclosing the Fina1 Argument on
behalf of LIEP.
14. 2-28-00 Letter from Phyllis Reha to Virginia
Palmer granting her request to extend the
period for reply briefs. Attached is the
letter from Virginia Palmer requesting the
extension.
15. 12-15-99 Letters from Virginia Palmer and Peter
Pangborn announcing Notice of Hearing to
Arnellia Allen.
16
17
18
19
20
21
22
23
24
25
26
1-26-00 List of City's proposed exhibits.
9-30-99 City's Exhibit #1, License Information
Report
City's Exhibit #2, License conditions for
Metro Bar & Gri11 dba Arnellia's
9-23-99
9-23-99
9-30-99
11-8-99
10-29-99
11-10-99
12-15-99
10-7-99
City's Exhibit #3, Police report prepared
by Officer Gerald E. Johnson
City's Exhibit #4, Police report prepared
by Sgt. Richard J. Munoz
City�s Exhibit #5, Notice of Violation
City's Exhibit #6, Police report prepared
by Sgt. Mark C. Kempe
City's Exhibit #8, Letter from Ms.
Arnellia Allen to Robert Kessler
City's Exhibit #9, Notice of Second
Violation
City's Exhibit #10, Notice of Aearing
City's Exhibit #7, Videotape from
Arnellia's
1
5
11
2
5
2
4
1
2
3
3
2
2
3
5
1 tape
� CITY p
4 y
�
i x
O - y
� IIflffII� �Q�II a
� 119H II � q
h
� 1g54 �
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 21, 2000 - 3:30 - 5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:40 pm. by Council President Bostrom.
Present - 7- Benanau, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1- 28)
Gerry Strathman stated that the City Attorney's Office requested Item 26 be withdrawn.
Councilmember Coleman requested Item 27 be removed for discussion.
Councimember Coleman moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
GTi] 7�y1 Y [U��I
Approval of minutes of May 10 & 17, 2000.
Adopted Yeas - 7 Nays - 0
2. Claims of Kenneth Colaizy, Robert Distad, David & Maria Snyder, Darla Aansen, Milton
Kendall, Katharine Lovich, Anthony Rybak, Thomas Rykel, and Hieu Tran.
Referred to the Employee/Risk Management Office
3. Class Acrion Sununons and Class Action Complaint and Demand for Jury Trial in the
matter of Deryl Baysinger, Barrori Chapman, Darron Chapman, Sammie Chapman, and
all other similazly situated, vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on June 28, 2000, to consider adverse acrion against all licenses held by Fleming
Companies, Inc., dba Rainbow Foods, 892 Arcade Street. (LJncontested)
June 21, 2000 City Council Summary Minutes
Page 2
5. Letter from the Office of the City Attomey announcing a public hearing before the City
Council on June 28, 2000, to consider the report of the Administrative Law Judge
conceming the application for an auto repair license by MFK Enterprises, 830 Robert
Street South.
6. Letter from the Office of License, Inspecrions and Environmental Protection announcing
a public hearing before the City Council on 7une 28, 2000, to consider the appeals of
Nationwide Group and REF LLC to a decision of the Plauuiug Commission denying a
site plan for a mini-storage facility on the former railroad property between Agate Street
and 35E and between Case and Suns Avenues.
Letter from the Department of Plauuing and Economic Development announcing a public
hearing before the City Council on July 12, 2000, to consider the application of Jaunae
and David Brooks to rezone properiy at 1528 Grand Avenue, between Saratoga and
Snelling, from RM-2 to OS-1 to allow an office use.
8. Administrative Order:
D001891 Transferring CIB funds from the Eustis Street Pedesriian ChokerBuxnpout
project to the Curb Bumpouts:Cleveland & Pinehurst project in the
Department of Public Works
Noted as on file in the City Clerk's Office
9. Resolution - 00-580 - Approving the Memorandum of Understanding between the St.
Paul Civic Center Authority (also known as RiverCentre Authority), an agency of the
City of Saint Paul, and International Operating Engineers Local 70, International Alliance
of Theatrical Stage Employees, and 1Vlanual and Maintenance Supervisors Association.
(To be laid over one week for adoption)
Laid over to July 28 for adoprion
10. Resolution - 00-581 - Approving the reappoinhnent of William Dunnigan, by Mayor
Coleman, to the Saint Paul Parks and Recreation Commission.
Adopted Yeas - 7 Nays - 0
11. Resolution - 00-582 - Approving the reappointments of Robert Nardi and Paul Finsness,
by Mayor Coleman, to the Truth in Sale of Housing Boazd of Evaluators.
Adopted Yeas - 7 Nays - 0
12. Resolution - 00-583 - Approving the reappoinhnent of Valdi Stefanson, by Mayor
Coleman, to the Ramsey Action Program.
Adopted Yeas - 7 Nays - 0
June 21, 2000 City Council Suinmary Minutes
Page 3
13. Resolution - 00-584 - Approving the appointments of Tom Heinl, Michelle Bergman,
Janet Vogei, and Betty Copeland, and the reappoinhnents of 7ose Basques, Susan
Broaner, Laurel Frost, Dan Reed, Kay Willshire, and Mike Garsteig, by Mayor Coleman,
to the Advisory Committee for People with Disabilities.
Adopted Yeas - 7 Nays - 0
14. Resolution - 00-585 - Finalizing City Council action taken June 7, 2000, conceming
adverse acrion against all licenses held by Metro Baz & Grill, Inc., dba Arnellia's, 1183
University Avenue.
Adopted Yeas - 7 Nays - 0
15. Resolurion - 00-586 - Authorizing the City of Saint Paul to accept a gift of air
transportation and related necessary meals or dinner expenses from St. Jude Medical to
allow Mayor Coleman to attend a"Salute to Bruce Vento" celebration in Washington,
D.C. on June 27, 2000.
Adopted Yeas - 7 Nays - 0
16. Resolution - 00-587 - Approving the changes in polling locations and approving the list
ofpolling locations.
Adopted Yeas - 7 Nays - 0
17. Resolution - 00-588 - Approving Right-of-Way management pernut fee structure.
Adopted Yeas - 7 Nays - 0
18. Resolurion - 00-589 - Approving the following organizations to the 2000 Charitable
Gambling 10% Club: Asian Pacific Youth Alliance, El Rio Vista Booster Club, Front
Booster Club, Groveland Booster Club, Hazel Park Booster Club, 7ohnson Area Baseball
Boosters, and Stazlings Volleyball Club.
Adopted Yeas - 7 Nays - 0
19. Resolution - 00-590 - Approving disbursement of Youth Programs Funds to the following
organizations: District 6 Planning Council, Dunuing Boosters, Eastview Booster Club,
Edgcumbe Community Center Hockey Booster Club, Frost Lake Athletic Membership
Endowrnent Society, Harding Area Girls' Fastpitch Softball, Hayden Heights Youth
Alliance, Lexington/Hamline Community Council, St. Paul Midway Little League, St.
Paul Police Explarer Post #454, St. Paul Urban Tennis Program, SuperClown, and Twin
Star Baseball Club.
Adopted Yeas = 7 Nays - 0
June 21, 2000 City Council Summary Minutes
Page 4
20. Resolution - 00-591 - D'uecting the Division of Pazks and Recreation to enter into a joint
use agreement with Saint Paul Public Schools for the construction and use of a baseball
field at ArlingtoniArkwright Park.
Adopted Yeas - 7 Nays - 0
21. Resolution - 00-592 - D'uecting the Division of Pazks and Recrearion to renew the
existing lease agreement with Higher Education Services Office/Get Ready Program for
office space at Baker Comxnunity Center.
Adopted Yeas - 7 Nays - 0
22. Resolution - 00-593 - Authorizing the Police Department to enter into an agreement with
the Miunesota Deparhnent of Huxnan Services to provide training to the 2000-02 Recruit
Academy on how to interact and provide service to the hearing impaired community on
June 14, 2000.
Adopted Yeas - 7 Nays - 0
23. Resolution - 00-594 - Authorizing the Police Deparhnent to enter into an agreement with
the Miunesota Vehicle Safety Traiving & Research Center to provide driving inshuction
for the 2000-02 Recruit Academy and three hours of classroom training.
Adopted Yeas - 7 Nays - 0
24. Resolution - 00-595 - Authorizing the Police Department to enter into an agreement with
the Washington County Agricultural Society to use the Washington County Fairgrounds
on June 21, 2000, to train the 2000-02 Recruit Academy in Mobile Field Force Tactics.
Adopted Yeas - 7 Nays - 0
25. Resolufion - 00-596 - Accepting a donation of motorcycle helmets and radio equipment,
valued at $5,627, to the Police Department Motorcycle Patrol Unit from Mr. John
Nasseff:
Adopted Yeas - 7 Nays - 0
26. (Removed for discussion
27. (Removed for discussion)
28. Resolution Approving Assessment - 00-599 - In the matter of sumuiary abatements
(property clean-up) during April and/or May, 2000 (J0003A); towing abandoned vehicles
from private propert7 during December, 1999 and/or January or February, 2000, and
vehicles towed from775 Reaney Avenue and 672 Arcade Street (J0002V); demolirion of
vacant buildings during April, 2000 (J20002C); and boazding-up buildings during Mazch,
2000, and setting date of Legislative Hearing for August 15, 2000, and City Council
Hearing foz August 23, 2000.
Adopted Yeas - 7 Nays - 0
June 21, 2000 City Council Summary Minutes Page 5
NIISCELLANEOUS
41. Slide presentation of 2000 Saint Paul heritage preservation awards.
Brian Wass, Arclutect and Principal for Krech, O'Brien, Mueller, and Wass, and
President of the American Insritute of Architects-Saint Paul Chapter, representing 350
azchitects in Saint Paul, appeazed. Mr. Wass said their firm sponsors the awazds along
with the Heritage Preservation Commission (HPC). These awards were presented on
May 17, 2000, for 17 projects representing 53 individuals, owners, architectural firms,
developers, contractors, and govemment agencies. They all were honored for
maintaining the history of Saint Paul.
Dudley Yuukin, HPC, appeared and stated there are a wide range ofprojects that
represent the positive benefits of historic preservation for the sake of history, community,
and revitalization of Saint Paul.
Aaron Rubenstein, Office of License, Inspections and Environmental Protection and staff
to the HPC, presented slides of the buildings which received awazds.
26. Resolution - 00-597 - Allowing placement of "Snoopy" figures in the public right-of-way,
exempting them from permit fees under Chapter 135, and accepfing liability.
Councilmember Blakey moved to withdraw the resolution.
Withdrawn Yeas - 7 Nays - 0
FOR DISCUSSION
(Items 27 and 29 were discussed in tandem.)
27. Resolution - 00-598 - Memorializing City Council action taken May 10, 2000, granting
the appeal of Neighbors Opposed to Victoria Plaza, Inc., Suminit Hill Association, and
East Mall Association to a decision of the Planning Commission approving the site plan
for a commercial development and parking ramp at 864 Grand Avenue.
Councilmember Coleman moved to lay over one week. (see discussion under Item 29)
Laid over to June 28 Yeas - 7 Nays - 0
29. Update by the Administrarion regarding addirional parking at the corner of Grand and
Victoria Avenues. (iJpdate requested by Council on June 7)
Susan Kimberly, Deputy Mayor, appeared. She said staff from the Department of
Plauuiug and Economic Development ha�e been meeting with the developer, neighbors,
and relevant parties and they have requested a one week lay over with the hope that there
June 21, 2000 City Council Summary Minutes
Page 6
will be a resolution agreeable m everyone by that time.
Councilmember Coleman moved to lay over one week. He said he has not seen the final
agreement but he understands it has been signed by all of the parties and, hopefully, it
will be an agreement that everyone can live with.
Laid over to June 28 Yeas - 7 Nays - 0
30. Report from the Office of Human Rights pertaining to "fair housing." (Report requested
by the Council on May 3) (Laid over from June 'n
A report was presented by Tyrone Terrill, Director, Office of Huxnan Rights.
Tyrone Terrill, Office of Human Rights, stated that housing has become more
problematic and there is an increase in housing discrimination. Like other cities, most
people do not file housing discrimination charges. They simply go somewhere else to
look for housing. Another issue is that some people may think they were denied housing
because there is not enough housing available and the Fair Housing Council is an asset in
dealing with issues in this azea.
Councilmember Blakey noted that $30,00� was allocated to Auman Rights for fair
housing testing. He asked if the testing was going to be done so landlords are aware of
these issues. Mr. Terrill responded there will be a contract with the Minnesota Fair
Housing Center for $30,000 which will be used for training and testing. Some of the
training components would include the involvement of the Human Rights Office,
Housing and Urban Development (H[JD), and the Minnesota Depariment of Human
Rights. The City would be participating free of cost.
(Benanau, Coleman & Harris left during the discussion)
Councilmember Blakey asked when would the testing be done and the when would the
results be auailable. Mr. Terrill responded that testing will be done when someone has
been denied an apartment or home. Testing could also include a particulaz building or
bank. The cost is usually about $300 to $400 per test. Testing does not always mean
discrnnination took place but there needs to be a full investigation in order for the chazges
to be upheld.
Councilmember Blakey stated that sometime in 2000 there will be a contract with the
Minnesota Fair Housing Council and the City will be provided with the results if there
was an indicarion of bias. Mr. Terrill said he will provide a report to the Council on a
quarterly basis regarding this information.
Councilmember Blakey said he wouid like to see the scope of the contract with the
Minnesota Fair Housing Council when it is signed. By the next City budget cycle, the
Council can deternune whether they are receiving a return on money invested in this
issue.
June 21, 2000 City Council Sununary Minutes
Page 7
31. Report from City Council staff and the Admiuistrarion regarding District Energy Saint
Paul, Inc's. request for an extension of the Term of the District Heating Development
Company Franchise for an additional twelve years from October 4, 2013 to October 4,
2025. (Report requested on June 7)
Gerry Strathman stated a meeting was held with City Council and Aduiiiustrative staff
and his recommendation is that this issue be referred to the City Council Organizarional
Meeting on June 28, 2000.
Councilmember Blakey moved to refer the matter to the June 28 Organizational Meeting.
Referred to the City Council Organization Meeting on June 28, 2000.
Yeas - 4 Nays - 0 (Benanav, Coleman and Harris were not present)
(Coleman returned)
32. Report from the Mayor and his administration on nnplementing a program to provide
technology trauung for Saint Paul residents to establish a base of "Huxnan Capital" for
business. (Report requested by Council May 3, 2000; C.F. 00-429; laid over from June
14)
Councilmember Blakey moved to lay over one week.
Laid over to June 28 Yeas - 5 Nays - 0 (Benanav and Harris were not present)
(Benanav & Harris returned)
33. Resolution - 00-547- Approving a Management Agreement for RiverCentre with Saint
Paul Arena Company, LLC. (Laid over from June 14)
Joe Reid, Budget D'uector, appeared and stated there was a new agreement and some of
the issues raised in previous discussions were incorporated in the document. Mr. Reid
reviewed the changes in the document.
Councilmember Coleman asked where the responsibility for liability will be for the
connection -- as it leaues the library or as it leaves the existing skyway system. Mr. Reid
responded his expectarion is that it would cover the public portion from where it goes
down underground to the RiverCentre. He is not sure how the elevator would be dealt
with.
Council President Bostrom suggested the Port Authority would be responsible for the
elevator and stair tower. Mr. Reid responded that would be correct once there is a clear
right-of-way into the building.
June 21, 2000 City Council Summary Minutes
��
Councilmember Coleman asked if the language needs clarification or if the current
language is okay. Mr. Reid responded the current language is okay, but the documents
related to the Port Authority, the Convention and Visitors Bureau, and the City should be
reviewed.
Coleman presented two amendments to the document.
Councilmember Coleman moved approval of the amendments
Adopted Yeas - 7 Nays - 0
Mr. Reid reviewed the sections of the agreement pertaining to management fees and
commissions.
Councilmember Blakey asked about the management fee and why the RiverCentre
Authority would not be getting a matching revenue as well. Mr. Reid responded they are
talking about a certain number of revenues generated by the facility. 17ae agreement does
not deal with other revenues such as the parking ramp. Based on the information
provided by the RiverCentre Authority fiscal staff, the RiverCentre will net
approximately $45Q000 to $500,000 as a result of this agreement. The RiverCentre will
be getting some money, but it is not reflected in the document; it will be reflected in the
yeaz-end financials for the RiverCentre Authority. Mr. Reid said he would have liked to
see it reflected in the agreement, but it cannot be done because of IRS regulations.
Of the $500,000, Blakey asked if it reflects the 50% share the RiverCentre Authority
received. Mr. Reid responded the authority will get 100% of that as a result of increased
revenues and reduced eacpenditures because of the ability to share staff, equipment, etc.
Councilmember Blakey asked about the issue of the tunnel and if the projection of a 15%
increase in business was added into the revenue. Mr. Reid responded it is reflected to
some extent but he didn't build in anything specific. The huinel will not be completed
until the end of 2001 and will not be in operation unti12002 or 2003. Councilmember
Blakey suggested there be an amendment to reflect 15% so the City would get a share of
the money. He is concerned that it is not reflected in the agreement. Mr. Reid responded
if they were to assume that happens, and the numbers are approximate, the City would
take in another $50,000 or $75,000, all of which goes to the RiverCentre Authority.
If the Council is bringing the Arena and RiverCentre management together, the tazget
should be higher, stated Mr. Blakey. Mr. Reid responded it is a projection and the
projections haue been higher than the actual. That is why he thought it was a reasonable
figure to use for the first tazget.
June 21, 2000 City Council Suivmary Minutes
Page 9
Mr. Blakey stated the $3.7 million is sometbing that should be reached very easily. Witl�
both operations playing offeach other, it seems the projections would have been higher.
Mr. Reid stated that in the past, the estimates haue been overly optimistic. He was most
interested in meeting these targets, creating some stability in the revenues generated, and
managing the cost without doing it at the eapense of the revenue.
Councilmember Benanav stated there was an anticipated 15% increase in revenues as a
result of the tunnel being built. If that is the case, he asked if the target is correct and if it
can be incorporated. Mr. Reid responded he did not remember 15% as the number, but it
is an estunate and there is nothing to go on at this point.
Councilmember Benanav stated $10 million was spent on a tunnel and the Council was
given assurance it would generate new business. A lot of money was spent on an
estimate that the City is not sure will be met. It should be reflected in the year 2003.
Also, he asked if there can be assurances that two years &om now all the goals will be
met. Mr. Reid responded he can give that assurance in good faith, but it will be up to the
RiverCentre Authority and the City Council to see that it happens because they will be
approving the budget every year and they will have financial information on the prior
year's eaperience when doing it.
If the goals have been met at the end of the first year but the RiverCentre Authority has
not received what the City Council thought they would, Benanav asked if the targets can
be amended. Mr. Reid responded changes can be proposed at anytime, but this is a three
year agreement. If the revenue targets are being met, then the Council would haue to
look at the expenditure elements during the budget deliberations.
Councilmember Benanav asked far assurances from Mr. Reid that someone wiil not say
later that the RiverCentre has not met the projected revenues. Mr. Reid responded he
hopes they will exceed the revenue tazgets.
Council President Bostrom stated several things have happened that contributed to
problems with finances at the RiverCentre. When the 5mithsonian Eachibit was brought
in, many other organizations that had booked there had to be relocated. The cost to do
that was expensive. Also, the new arena put the old arena out of service for two years.
Something could happen at the Wilkins Auditorium and thus something could happen to
some of this revenue. The Council needs to recognize that this is an area constantly in
flus.
Councilmember Coleman moved approval. He stated the tunnel was not strictly to
enhance doilazs directly coming out of the RiverCentre, but it was a benefit to the hotels,
restaurants, eta The tunnel will help increase business at the RiverCentre. He pointed
out that the State Teachers Association has now booked the facilities whereas they
previously were not going to come to Saint Paul. Ultimately, three years from now the
June 21, 2000 City Council Summary Minutes
Page 10
Council can re-look at this issue if it is not producing what it should. However, the
Council should do whatever it can to ensure success of the Minuesota Wild and the
RiverCentre, otherwise the inveshnent will be for naught. The document now assures the
success of the facility and the smooth transition to single management. This is an
important step and the Council should go forwazd with it, Coleman said.
Councilmember Blakey asked if the I S% was captured in the budget cycle in the end.
Mr. Reid responded the benefit of the 15% is to the RiverCentre and the City. For the
portion that benefits the RiverCentre, it will fall to the bottom line of the RiverCentre
budget. Because of the connection, the City will be able to draw larger conventions.
In three years if the City decides to part from the agreement, Councilember Blakey asked
what will happen to the employees. Mr. Reid responded that 180 days before that would
happen, a decision will be made that the manager will not continue to provide that service
to the facility and the Council will have a choice of hiring a different manager. Or there
is an option of bringing the employees back to the City.
If this agreement is not renewed, Blakey asked if another management company would
retain the 70 employees. Mr. Reid responded that may be what the Council chooses to
do. It is explained on Page 8, Section 2.7(b).
Councilxnember Reiter asked if there will still be a RiverCentre Board and how many
members it would consist of. Mr. Bostrom responded there will still be a board and he
and Mr. Coleman will be on it.
Councilmember Blakey asked about cost allocation of employee terminations. Mr. Reid
responded this was one of the more important things for the City and the RiverCentre
Authority -- that the employees would be treated fairly at the time of separation and that
Saint Paul Arena Company (SPAC) would pay those costs. The allocation plan is
something that has to be agreed to by the RiverCentre Authority, City Council, and
SPAC.
Mr. Blakey asked about the employee pension issue. There are 17 non-union employees
who receive $300 each for retiree health care benefits and City employees got 5.18% in
their pension plan. Those employees will not get any allocation to their pension plan.
Mr. Reid responded the compensation plan was offered to all employees and discussed
with them in some detail.
Martha Fuller, SPAC, appeazed and stated the pian that SPAC offered is not a pension
plan but a 401K plan in which employees can defer a percentage of their salaries before
tases and they have the opportunity to choose how it would be invested. It is a typical
plan structure for a private sector employer. It also provides for an employer match. At
this point in their evolution, the board is not authorized to provide an employee match,
June 21, 2000 City Council Summary Minutes
Page 11
but it may be done at some point. The 5.18% is part of the total package that the unions
negotiated. The non-represented staff have a variety of tools for compensation:
discretionary bonuses, potential for profit sharing, and a whole array of tools that private
sector employers, not bound by union agreements, can make auailable to ariract and
maintain qualified staff.
Councilmember Blakey asked what would prevent City employees from wanting the
5.8% that they were missing. Terry Haitiner, Office of Labor Relations, appeazed and
stated it is not allowed under State law: time cannot be bought back from a private
employer.
Councilmember Blakey moved an amendment indicating that nothing in this contract
shall obligate the City of Saint Paul or the RiverCentre Authority to pay any future
employer pension contributions during the term of this contract or extended contracts or
former RiverCentre employees hired by the SPAC in the event they become rehired by
the City when this contract ends.
Peter McCa11, City Attorney, appeazed and stated the City will be giving layoff notices on
June 30, 2000, to the employees terminating their employment and SPAC will be offering
employment begiiming 7uly 1, 2000. As a matter of law, they will be terminating
obligations of the City to pay future contributions for those employees. As a matter of
law, the City is covered. If the employees return to the City at some future date, the
obligation of the City to pay pension would be reactivated at that time. If the State
legislature were to pass a law affording those sorts of rights to employees, it would
override any provision in the contract at this point.
Councilmember Blakey asked about disclosure, vote, and record regarding pension for
non-union employees. Mr. Halriner responded meetings were held with the employees.
There was legislation passed to provide enhanced PERA benefits for the employees.
They looked at what the Wild was proposing and the projections of the benefit available
to people at the time of retirement is comparable to what the City has now. In addition,
there are possibilities of enhancement that SPAC will be worldng on in the fuhxre.
Councilmember Lantry stated she had concerns with this contract regarding how the
employees would be treated and the boolang policy but she felt all the issues raised at ttris
meeting were addressed or eaplained to her satisfaction. As for the targets being correct,
the City has never had a hockey team in a new azena with a new convention center and a
tunnel connecrion. She assumes there aze educated guesses and the City Council has to
rely on other people to give estimates.
Adopted (including the new version of the Agreement dated 6/16l00, as amended on
6/21/00) Yeas - 7 Nays - 0
(Blakey & Coleman left the meeting)
3une 21, 2000 City Council Summary Minutes
Page 12
34. Report from the Division of Pazks and Recreation on the Inirial Lease Term and any
extended Lease Terms regatding the Saint Paul Yacht Club's performance on specific
provisions contained in the Lease Agreement. (Report requested by the Council on April
17, 1999; C. F. 99-306)
Mike Hahm, Division of Parks and Recreation, appeared. He noted that a written report
was prepared and dishibuted by Vic Wittgenstein, D'uector of Parks and Recreation. Mr.
Hahm said things are going well with the Yacht Club and the majority of the good news
is related to the Harriet Island Renovation Project. This year, the gas dock operations
were moved from the area neaz the Wabasha Bridge to a location at the upper hazbor.
ORDINANCES
35. Second Reading - 00-571 - An ordinance amending Chapter 166 of the Saint Paul
Legislative Code by revising the residential street permit pazking district in the University
of Minnesota Farm Campus Neighborhood and which provides for the orderly
administration of the district.
Laid over to June 28 for third readingJpublic hearing
36. Second Reading - 00-572 - An ordinance amending Chapter 166.10 of the Saint Paul
Legislarive Code by changing the residential street permit parking district in the Irvine
Park Neighborhood from Two Hour Pazking, 8AM-8PM Monday-Friday, Except by
Permit, Area 13 to No Pazking Except by Permit, Except Holidays, Area 13.
Laid over to June 28 for third readinglpublic hearing
37. Second Reading - 00-573 - An ordinance to clarify the imposition of penalties for
violarion of the Saint Paul Legislative Code.
Laid over to 7une 28 for third reading/public hearing
38. Second Reading - 00-574 - An ordinance to clarify and supplement tasi driver's license
requirements.
Laid over to June 28 for third reading/public hearing
39. First Reading - 00-600 - An ordinance amending various sections of Legislative Code
Chapters ll 6 and 135 of the Saint Paul Legislarive Code to provide for regulation of the
public right-of-way.
Laid over to June 28 for second reading
40. First Reading - 00-6�1 - An ordinauce to provide far the publication and distribution of
the legislative and administrarive codes by the City Clerk.
Laid over to 7une 28 for second reading
7une 21, 2000 City Council Summary Minutes
Susroension Items
Page 13
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolufion - 00-602 - Amending Council File 00-271, adopted on June 14, 2000, �anting
the property owner addirional time of 180 days to complete repairs at 783 Como Avenue.
Councilmember Reiter indicated that the owner will be posting the bond shortly.
Adopted Yeas - 5 Nays - 0 (Blakey and Coleman were not present)
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolution - 00-603 - Authorizing payment to Wasche Commercial Finishes, Inc., in full
settlement of their claim against the City of Saint Paul.
Phil Byrne eacplained that this issue, regarding the settlement for painting the skyway
bridges, was discussed in a City Council closed meeting.
Adopted Yeas - 5 Nays - 0 (Blakey and Coleman were not present)
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolution 00-604 - Requesring that the Federal Trade Commission (FTC) include
Minnesota in their investigation into the cause of escalated price levels of gasoline.
Council President Bostrom explained this resolution pertains to the increase in gasoline
prices. Several agencies have asked the FTC to look at this issue and our Ciry budget
could suffer by over $600,000 due to the increase of these gasoline prices.
Councilmember Benanau stated he would like to see the wards "of price gouging and
inclusion" removed from Line 12.
Adopted Yeas - 4 Nays - 1(Benanav) (Blakey and Coleman not present)
POLICY SESSION
There was no policy session this month.
June 21, 2000 City Council Summary Minutes
Councilmember Lantry moved to adjourn the meeting
Nays - 5 Nays - 0(Blakey & Coleman not present)
ATTEST:
� � A r -
Nancy An t�On
Assistant Council Secretary
AD70 D AT 5:25 P.M.
�/
Daniel Bostrom, Council President
Minutes approved by Council
Page 14
� \ O00
rn/mce
STATE OF MINNESOTA
OFFICE OF ADiVIINISTRATIVE HEARINGS
100 Washington Square, Sude 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Apri14, 2000
Saint Paul City Council
Room 310
St. Paui City Hall/Ramsey Co.
Gourthouse
15 West Kellogg Boulevard
St. Paul, MN 55102
RE: In the Matter of All Licenses Held by Metro Bar & Grill, Inc., d/b/a
Arnellia's, for the Premises at 1183 University Avenue, Saint Paul,
License I.D. No. 54523; OAH Docket No. 9-2111-12640-3
To Whom It May Concern:
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the official record. Ous file in this matter is now
being closed.
Sincerely,
r�� ��� � �
�,� �
PHYLLIS A. REHA —�
Administrative Law Judge
Telephone: 612/341-7602
'dG u.
Encs.
ca Virg'inia D. Palmer
S. Mark Vought
����'�F�%
�� s �aa�
�
Providing Impartiai Hearings for Governme�t and Citizens
� An Equal Opp o rt unity Employer
Admmistrative Law Section & Administrative Serv�ces (612} 341-76�0 + TDD No. (612) 341-7346 � Fax No. (612) 349-2665
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Margaret K. Is4eman, being first duly sworn, hereby deposes and says that
on the 4 day of A ril, 2000, at the City of Minneapo{is, county and state
aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIOfVS
OF LAW AND RECOMMENDATION: OAH Docket No. 9.-2111-12640-3 by
depositing in the United States maii at said City of Minneapolis, a true and
correct copy thereof, properiy enveloped, with first ciass postage prepaid and
addressed to the individuais named herein.
Saint Pau( City Council Virginia D. Palmer
Room 310 Assistant St. Paui City Attorney
St. Paui City Hall/Ramsey Co. Courthouse 400 City Hall
15 West Kellogg Boulevard 15 West Keliogg Boulevard
St. Pauf, MN 55102 St. Paul, MN 55102
S. Mark Vought
Attorney at Law
Six West Fifth Street, Suite 700
St. Paul, MN 55102-1412
��2L..k4QA-�' K � �-�.m-�_a..v`.
Marg e K. Isleman
Subscribed and sworn to before me
this �ay of April, 2000
�� � .
Notary Public
� '°' tavoNAEC�tW
e.,r�, . • ��ssior�
�
, e .uwwRr�.zoos
9-2111-12640-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE C1TY OF ST. PAUL
In the Matter of All Licenses Held by
Metro Bar & Grill, Inc., d1b/a Arnellia's, for
the Premises at 1183 University Avenue,
Saint Paui, License I.D. No. 54523.
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND RECOMMEIVDATION
The above-entitled matter came on for hearing before Rdministrative Law Judge
Phyilis A. Reha, acting as a hearing officer for the Saint Paul City Council, commencing
at 9:30 a.m. on Wednesday, January 26, 2000, at the Saint Paul City Hall/Ramsey
County Courthouse, Room 41, 15 West Kellogg Boulevard, St. Paul, Minnesota. The
hearing was heid pursuant to a Notice of Hearing dated December 15, 1999.
Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West
Keilogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City's Office
of License, lnspections and Environmental Protection (LIEP). S. Mark Vaught, Attorney
at Law, Six West Fifth Street, Suite 700, Saint Paul, Minnesota 55102-1412, appeared
on behalf of the Licensee (hereinafter "Arnellia's" or "Licensee"). The record closed on
March 7, 2000, with the receipt of the last post-hearing submission.
NOTICE
;.
This Report contains a recommendation and not a final decision. The final
decision will be made by the Saint Paul Gity Council, which may a�rm, reject, or modity
the Findings and Conclusions contained herein. The Council wili consider the evidence
in this case and the Administrative Law Judge's recommended Findings of Fact and
Conclusions, but wi11 not consider any factual testimony nat previously submitted to and
considered by the Administrative Law Judge. The Licensee will have an opportunity to
present oral or written arguments regarding its position on the recommendation of the
Administrative Law Judge in the application of the law or interpretation of the facts and
may present argument related to its position. The Council's decision as to what, if any,
adverse action shall be taken will be by resolution under § 310.05 of the St. Paul
Legislative Code. To ascertain when the Council wifi consider this matter, the parties
shoufd contact the Saint Paul City Council, Room 310, St. Paul City Hall/Ramsey
County Courthouse, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102.
STATEMENT OF ISSUES
The issues in this matter are whether Licensee violated conditions on its license
by failing to maintain video surveillance of the exterior of the licensed premises and
failing to record that imagery, and, if so, what penalty is appropriate.
Based upon all of the files, records and proceedings herein, the Administrative
Law Judge (ALJ) makes the following:
FINDINGS OF FACT
1. Metro Bar & Grill, lnc. is a corporation•doing business as Arnellia's at 1183
Universifij Avenue, Saint Paui, Minnesota 55104. The corporation is owned by Arneilia
Ai1en. Arnellia's has an Entertainment (B) license, a Gambling Location (S) license, a
Cigarette/Tobacco license, and two Liquor On-Sa(e licenses. Arnel(ia's licenses remain
valid pending the outcome of this proceeding. The business is owned by Arnellia Allen.
The manager is her son, Jerry Allen. Jerry Allen's brother, Larry Ailen, is employed by
Arnellia's to provide security.
2. Arnellia's is located directfy on University Avenue. To the west on that block
is Antiques Minnesota. To the east side of Arneliia's is a parking lot and the Midway
Car Wash. To the north side is an alley, with some parking and a dumpster. Four
external video cameras have been +n place on the building for approximately six years.
One camera provides a view of the front door on the south side of the building, one
camera observes the north side around the back door of Arnellia's (near the dumpster),
and the other two cameras provide different angles of the parking lot on the east side of
the building. Signs posted on the building state that video surveillance is being
conducted. The video cameras send images to a monitor, which displays a picture for
each camera together on the same screen.
3. The area in the vicinity of Arnellia's is subject to frequent police ca(Is and
significant levels of crime. To address these neighborhood problems and prevent any
exacerbation of those problems, Arneliia's operates its business under a number of
restrictions that have been in place for years.� These restrictions include imposing a
dress code on customers, requiring picture identification, banning individuals from the
premises, screening music played on the premises for inappropriate content, using a
metai detector to exclude weapons fiorm the premises, and providing security to ensure
orderiy behavior on the premises.
4. ln May, 1999, a man was shot and kilied while in a car parked in front of the
Midway Car Wash. In response to that killing, management at Arneliia's met with the
Saint Paul Police, LIEP, and community representatives to determine what additional
efforts could be made to address violent acts in the vicinity of Arnellia's. The Licensee
agreed to add taping equipment to its existing video surveillance system. This
additional condition became effective on July 8, 1999 and states:
Licensee ho(der wiA maintain in good working order at (east 4 video
surveiflance cameras on the exterior of the building to constantiy monitor
the exterior of the premises. Tapes must be maintained for 7 days.
5. After agreeing to the conditions regarding the video surveiliance system, a
manager at Arnellia's developed a system to be followed for taping. The first tape of the
' The entire list of restrictions, identified as conditions on Arnellia's license, is attached as Appendix A.
The list of conditions includes the subsequently agreed-to conditions regarding the video cameras.
Z Midway Car Wash is located at 1169 University Avenue.
3 Exhibit 2.
I]
day would be started when the estabfishment was opened for business, around noon
each day. When that tape ran out, another employee inserted the second tape. "{"fiat
tape would record until after closing. Tapes were kept for a week and then reused for
taping.
6. in August, 1999, Arnellia Allen discovered that one of the four surveillance
cameras was not working properly. The camera operated properly in daylight, but did
not return a clear image at night. The contractor who initially instalied the system, Earl
Allen, was contacted in early August, and he examined the system approximately one
week later. The contractor concluded that a new camera was required and it was
ordered from the manufacturer in California. Jerry Ailen paid the contractor to order the
camera on August 13, 1999. The date that the camera was ordered by the contractor is
unknown.
7. 7he camera was delivered to Arnellia's in early September. The contractor
was notified that the camera had arrived.
8. On September 23, 1999, a shooting incident occurred in the alley behind
Arnellia's. Sergeant Munoz of the Saint Paul Police Department went to Arnellia's to
obtain the videotape of the imagery captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for that evening. Larry
Allen had forgotten to put in the second tape on that day.
9. Arnelfia's responded to the faiiure to tape by modifying its system of taping.
Longer duration videotape was purchased, the employees responsible for the system
were instructed to make certain that a tape was in the machine, and the system of
retaining videotapes was modified.
10. On September 30, 1999, the Saint Paui City Attorney's Office issued a
Notice of Violation to Arnellia's. The Notice indicated that on September 23, 1999, the
Licensee failed to have its video cameras on and taping and that constitutes a violation
of the video surveiliance condition on Arnellia's license. No citation was made in the
Notice of Violation to what provision of the Saint Paul Legislative Code was aileged to
have been violated and no suggested penalty was indicated.
11. On October 7, 1999, Larry Alfen was working the evening shift at
Ameliia's. At about 8:00 p.m., Larry A41en switched the videotape for the tape that had
been recording since Arnellia's opened that morning. When he activated the video
recorder, he inadvertently pressed the "play" button rather than the "record" button.
12. Near midnight on October 7, 1999, an altercation began between patrons
in Arnellia's. Those participating in the altercation were removed from the premises.
The dispute continued outside and someone fired shots. A car struck and killed a
"The image returned by that camera at night would only show objects with their own illumination, such as
automobile headlights and taillights.
5 Earl Allen is no relation to Arnellia Allen, Jerry Allen, or Larry Allen.
6 Exhibit 5.
3
pedesfrian in the middle of University Avenue at that time. A large number of oificers of
the Saint Paul Police Department responded to the scene.
13. Larry Allen had been observing the incident outside Arnellia's. He went in
to check on the videotape sysfem and noticed for the first time that evening that the
recorder had been set to play, rather than record. He immediately stopped the tape and
began recording. An officer of the Saint Paul Police Department entered a few minutes
later and requested the videotape. Larry Allen gave the officer the videotape.
14. !n mid-October, the contractor returned to Arnellia's and installed the new
camera. The installation of the new camera allowed nighttime images from a second
angie in the parking lot to be recorded on the VCR.
15. As a result of the October 7 error in operating the VCR, Arneilia's again
modified how the videotaping system was to operate. A three-week rotation of
videotape was instituted. Each staff member at Arneflia's was instructed to check the
operation of the VCR throughout the work shift. Any staff member observing anything
unusual about the monitor or VCR is instructed to report to the manager on duty.
16. On November 10, 1999, the Saint Paul City Attorney's Office issued a
Notice of Second Violation to the Licensee. The Notice stated that on October 7, 1999,
Arneliia's failed to have its video cameras on and taping and that constitutes a violation
of the video surveillance condition on Arnellia's license.' No citation was made in the
Notice of Violation to what provision of the Saint Paul Legislative Code was alieged to
have been vioiated and no suggested penalty was indicated.
17. On December 15, 1999, the Assistant City Attorney, Virginia D. Palmer,
issued a Notice of Hearin� in this matter. The Notice of Hearing identified the hearing
date as January 26, 1999.
18. The misidentification of the date of the hearing in the notice of this matter
did not cause any confusion for Licensee. Licensee was not prevented from fully
participating in the hearing due to the erroneous date.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paul City Council have
authority to consider the charges against the respondent and the penalty, if any, that
should be paid the city pursuant to Sec. 310.05 of the St. Paul Legislative Code.
' Exhibit 9.
8 Exhibit 10.
�
2. LIEP has substantially complied with all relevant substantive and procedural
fegal requirements. ,
3. The Licensee received adequate and timely notice of the hearing and of the
charges against it.
4. LIEP has the burden of psoof to establish, by a preponderance of the
evidence, that the respondent vioiated the conditions of its iicensure.
5. The Licensee is in substantiai compliance with the conditions of its license
through the installation and operation of a videotaping system attached to its video
surveillance cameras. The failure ta record the images captured by the video
surveillance cameras outside the licensed premises on September 23 and October 7,
1999, was inadvertent by the Licensee.
6. The efforts made by the Licensee to repair the malfunctioning camera
complied with the condition that four video cameras be "maintained in good working
order" outside the business premises.
7. There is no basis for taking adverse action against the Licensee under
Sections 310.06(b)(5) and 409.10 ofi the Saint Paui Legislative Code for the operation of
its video surveillance system.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
foliowing:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: That the Saint Paui City Council DISMISS the
action against the licenses held by Metro Bar & Grill, Inc.
Dated this �� day o# April, 20�0
���� ���
; �,.,wn
PHYLLI A. REHA �-��
Administrative Law Judge
Reported: Taped, three tapes
MEMORANDUM
Three incidents of violence are the motivation for bringing this action against the
Licensee. A killing in May, occurring in front of the business next door; a shooting in
September, occurring in the alley behind the business; and a shooting in October,
�
resulting in a pedestrian being struck by a car and kiiled. There is no evidence in the
record of this matter that any of these incidents took place on the 4icensed premises.
In response to the May killing, the conditions under which Arneflia's operates
were reconsidered. Conditions regarding video surveillance were added. The language
of the new condition itself is ambiguous, since that language does not expressly require
that the imagery captured by the e�cterior video surveillance cameras be recorded.
There is no dispute, however, that both LIEP and Arnellia's understood the condition to
require the addition of a VCR and recording the imagery from those cameras.
The record ln this matter is clear that Arnelfia's implemented the new requirement
consistent with its agreement. At first, tapes of six and eight hours in duration were
used to cover the fourteen hours per day that Arnellia's is open. After a period of trial
and error, Arnellia's discovered that additional time was needed to ensure that the
videotaping covered the entire time the establishment was open. Arneliia's then
switched to two eight-hour tapes per day. During this period staff discovered, afso by
trial and error, that the extended play option must be selected to ensure that the eight-
hous tape covers ali eight hours." No one at Arnellia's was able to set the date and
time feature on the VCR.
The second act of violence near Arnellia's was a shooting that took place in the
alley behind the building on September 23, 1999. The victim in that incident was struck
in the foot. The Saint Paul Police sought the videotape from that evening to assist in
their investigation of the incident. There was no tape from that evening, since Larry
A(len had forgotten to put a tape in the VCR. Arneliia's responded to the error by
reviewing the system that had been established for videotaping, adjusting that system to
ensure that the VCR was being aetivated at the appropriate times, and reminding the
responsible employees that the taping was a requirement.
The third act of violence occurred on October 7, 1999. At approximately 8:�0
p.m. on that date, Larry Ailen changed the videotape in the VCR for the evening. He
inadvertently pressed ihe wrong button on the VCR after inserting the new tape.
Around midnight, an altercation started in Arnellia's. In accordance with the
establishmenYs policy, the participants were ejected from Arnellia's. Those persons
continued their dispute outside and shots were fired. A car then struck a pedestrian in
University Avenue and that pedestrian was ki{led.
After seeing the events outside, Larry AAen went to check on the VCR. At that
time he discovered that it was in "piay" mode, rather than "record" mode. He
immediately began recording. At the hearing in this matter, Larry Alien acknowledged
his mistake.
LiEP maintains that violation of any condition is sufficient to take adverse aetion
against Arnellia's license. The serious consequences on September 23 and October 7
are asserted to be justification for a penalty of sixty days suspension. Arnellia's points
9 Several witnesses suggested that the automobile striking the pedestria� was exiting Arnellia's parking
fot.
70 While Condition 11 states that tfie cameras must monitor the e�erior continuously, both Arnelfia's and
LIEP understood the taping requirement to be on{y during business hours.
" The other option, standard piay, provides better video quality but much shorter duration.
�
out that there is no evidence that any videotape from either evening wouid have
prevented the incidents or materially aided the S,aint Paul Police in their subsequent
investigations.
Section 310.06(b)(5) authorizes adverse action be taken against a licensee when
the licensee fails to comply with any condition of the license. Section 409.10 sets out
the standards to apply in adding conditions to licenses as follows: -
Sec. 409.10. Restrictions on licenses.
When a reasonable basis is found by the council to impose reasonable
restrictions upon a license held under this chapter, the council, upon
issuing a new license or renewing a license or approving a transfer of a
license, may impose reasonable conditions and restrictions pertaining to
the manner and circumstances in which the business shai{ be conducted
to preserve the public peace and proiect and promote good order and
security. These reasonable conditions or restrictions may pertain to:
(1) A limitation as to the hours when intoxicating liquor may be sold and/or
consumed on the licensed premises;
(2) A limitation and restriction as to the exact location within a building
where intoxicating I+quor wiil be served andlor sold and/or consumed;
(3) A fimitation and restriction as to the means of ingress to or egress from
the iicensed establishment;
(4) A requirement that certain off-street parking fiacilities be provided;
(5) A condition that the license will be in effect only so long as the
establishment remains a drugstore, restaurant or hotei as defined by the
state liquor act or regulations adopted pursuant thereto;
(6} A limitation and restriction as to the means and methods of advertising
the sale of intoxicating liquor on the building and/or on the premises
adjacent thereto;
(7) Reasonable conditions limiting the operation of the ficensed premises
so as to ensure that the Iicensed business wili comport with the character
of the district in which it is located and/or to the end thatnuisances wili be
prevented; and
(8) Additional conditions upon hotels and restaurants which may in the
discretio� of the counci! tend to insure that the sale of liquor will take p(ace
on{y in conjunction with the sale and service af food.
The one repeated standard throughout the section is that any condition imposed
on a licensee must be "reasonable". The condition at issue in this matter falis under
item 7, which is the imposition of "reasonable conditions limiting the operation of the
licensed premises ... to the end that nuisances will be prevented.i Adverse action can
certainly be taken against a licensee for any unreasonable faifure to meet a condition
' Saint Pauf Legislative Code Sec. 409.10.
requir+ng videotaping. Conversely, where a licensee has a reasonable excuse for that
failure, adverse action is inappropriate.' ,
In each instance where the videotaping system was found to be faulty, action
was taken by Arnellia's to improve the system. VCRs are not "fool-proof' technology,
and gaps in recording are inevitable. The Licensee has demonstrated substantial
compiiance with the license condition and the two instances of noncompliance were
inadvectent. The degree of ongoing compliance is demonstrated by the other material
on the tape provided to the Saint Paui Police Department on October 7, 1999.'
LIEP asserts that violations of the license condition are established by the failure
of Arnellia's to ensure that the correct date and time are imprinted on the recording.
There is no such requirement in the conditions established fior Arnellia's. Adverse
action cannot be taken against the Licensee for failing to properiy set the date and time
of the VCR, absent some understanding that such conduct is required.'
Having one video camera malfunction is also cited by �IEP as a violation of the
license condition. 7he ob{igation in the license condition to "maintain in good working
order" four video surveii{ance cameras assumes that the technology will periodicaliy
malfunction and need to be fixed. The measure of compliancs is not whether any of the
cameras are broken, but whether prompt action is taken to repair them. In this matter,
the Licensee was prompt and a contractor was dilatory. The Licensee met the
requirement that the video surveiliance system be maintained.
73 This standard of conduct is reflected in other license actions involving entertainment establishments.
For example, in assessing whether adverse action was appropriate where female dancers "went topless"
without a bar owner's knowledge, Administrative Law Judge Peter Erickson stated:
This case is not so much one where critical issues of fact must be determined, but rather one in which
the penally must be appropriate to the violation. This case would be much difterent if, when Mr.
densen had seen that the dancers were topless, he had immediatety taken action, whether or
not successful, to curh the topless activities. However, Mr. Jense� decided that he could do
nothing at that time and it was not until after O�cer Nohr became involved that Mr. Jensen put an end
to the topless behavior. Additionally, Mr. Jensen could have instructed his bouncers and other
employees regarding the law on nudity and told them to enforce the prohibition if any of the dancers
decided undress. Although Mr. Jensen was not aware that the show would be topless, he is not
blameless for the resulting nudity which continued until after Officer Nohr arrived. However,
Mr. Jensen's good faith efforts to ensure that the show would not be topless betore ever
bookiog it should be given great weight.
Cify of Coleraine v. Har/ey Jensen, d/b/a Harley's Huf ll, OAH Docket No. 4-2101-5430-6
(Recommendation issued April 23, 1991)(emphasis added).
14 The time stamp on the tape provided is October 30, 7989, and that tape-records the entire evening's
events outside of Arnellia's. With the rotation of tapes described by Amellia's, the next time stamp that
would be imprinted on that particular tape is November 7, 1989. At about the middle of the tape
(approximately four hours at extended pfay), the scene changes to the events on October 7, 1999, and
the time stamp changes to November 7, 1989. The new date and imagery lasts only a few minutes,
which is consistent with the police officer receiving the tape that night. These facts support the testimony
of Larry Allen that the tape was inserted according to the procedure, but that the "play" button was
inadvertently pressed.
15 As discussed above, the language of the license condition fails to expressly require taping, much less
requiring accurate time stamps. There was no understanding between Arneflia's and L1EP that the VCR
must imprint an accurate time stamp to meet the license condition.
E:1
Robert Kessler, Director of LIEP, testified that the purpose of the video
surveillance license condition was: .
This establishment atfracts people that (sic) are prone to violence. And
that we have a responsibility to do everything we can to prevent that from
happening. And the conditions were designed, especially with the
conditions in regard to the cameras, to send a message to those people
that practice violence that they will be watched and that we wili have
records that wili protect the public. Because of the lack of good
management practices at that establishment, those records are not
available and I think as a result, the message is that they can get by with
these kinds ofi acts at that establishment without having to pay the price.�
There is no way for anyone outside the establishment to know whether
videotapes are being recorded at any particular moment. The video cameras and signs
warning about surveiilance are prominently displayed. Each of the three incidents that
prompted action concerning the Licensee occurred off of the licensed premises.
Possession of a business license does not grant police power to control the actions ofi
persons outside of the licensed premises. The purpose of "sending a message" to
persons outside the control of the licensee is accomplished by the visible indicia of
video surveillance.
The efforts made by Arneliia's to prevent a nuisance condition in the vicinity of its
6usiness are reasonable. Maintaining videotape generated by surveiilance cameras
does not relate to the ongoing business of the Licensee, but merely aids in the
subsequent investigations by police. The inadvertent failure, on two occasions, to
record the video camera imagery from outside the premises does not rise to a failure to
comply with the conditions on Arnellia's license. The actions taken to replace a
malfunctioning camera were reasonable. Arnellia's has demonstrated by a
preponderance of the evidence that it was in substantial compiiance with its license
conditions. LfEP failed to demonstrate that Arnellia's has failed to compiy with the
conditions on its license. Therefore, the Administrative Law Judge recommends that
this matter be DISMISSED.
�
76 Fiearing Testimony, Tape 1
.
�,
Appendix A
EFFECTIVE 07/08i99:
1. Dress Code: Arnellia's agrees to continue to enforce a dress code for customers
designed specifically to prevent patrons or customers from concealing weapons or
contraband inside baggy cfothing or wearing gang affiliated colors.
2. Adherence to Strict ident�fication Requirements: Ameifia's wifl require proper picture
identification from anyone who appears to be younger than 30 years old. Those without
proper identification shali be denied entrance.
3. Increase Communication with Police and Neighbors: Amelfia's shall initiate and
maintain regular communication with the west sector team police commander or his
designee, and licensing officials, Christine Rozek snd Kristina Schweinler. Meetings
shalf include neighborhood organizations to the extent possible.
4. Controi Music Type and Format: Arnellia's shall continue to be responsib{e for
screening out music that promotes or glorifies violence and nefarious or anti-social
behavior.
5. Arnelfia's management and security personnel will insure that patrons do not leave
enmasse, but rather, management and secuirty will encourage patrons to leave in an
orderly and controlled manner between 12:30 a.m. and 1:15 a.m.
6. The public telephones shall not allow incoming calis, nor any cafls to or ftom electronic
beepers or pagers.
7. Arnellia's shall maintian a list of all patrons who have bee� banned from the
establishment, and this list shall be strictly enforced by Arnellia's. Such list shall include
proper identification of that person, photograph and a �otice of trespass. This notice
should be in triplicate with o�e copy going to each of the followi�g: 1) Maintained by the
establishment; 2) LIEP; 3) the individual being 6anned. Once banned, a person will
remain banned for a minimum of o�e year. Arnelllas wfll cooperate with police in filling
out trespass notice(s).
8. Arnellias shal! continue to provide security personnel to promote the orderly behavior of
patrons on and leaving the premises. The premises shall include the area immediately
adjacent to the establishment. Special attention will be paid to encouraging patrons to
leave the area.
9. A(i employees and security personnel information shall be provided to LIEP for
background checks.
10. Arnellla's wiil employ the use of a metal detecting devices to ensure there are no
weapons on the premises.
11. Licensee holder wili maintain in good working order at Ieast 4 video surveillance cameras
on the exterior of the building to constantly monitor the exterior of the premises. Tapes
must be maintained for 7 days.
12. A video surveillance camera shall be maintained in good working order in the interior of
the establishment to monitor customers as they enter the establishment. Tapes must be
maintained for 7 days.
13. Signage shall be posted on the exterior of the building to notify patrons that the area may
be under video surveillance. �
14. Security personnef wiil be on duty daiiy from 8:00 p.m. until closing.
15. Back door wiil remain locked after 530 p.m. to prevent entry.
16. The licensee will lock the door of the establishment at 12:30 a.m. No additional patrons
will be aliowed entry after that time.
17. Conditions reviewed at renewal.
fiD7
OFFICE OF TI� CITY ATTORNEY
Clayton M Robinson, Jr_, Ciry Attorney
CITY �F SAINT pAUL. ��(� � t �� �� CivilDivisian
,Vo,mColeman,Mayor �� �-j!� _7 t !!1 n. �f1QCityHa11 Telephone:6J1266-8710
-' r'�Yi'estKellaggBlvd. Facsimile: 6i1?98-5619
r. --; ��,., ._ _, _ _. .- SarntPaul..Ninnesota5J102
.-� :' :�. ...: �U..
Mazch 6, 2000
The Honorable Phyllis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, MN 55401-2138
RE: In the Matter of the Licenses held by Metro Bar & Grill, inc. d/b/a Arnellia's
OAH Docket #: 9-2 1 1 1-1 2640-3
Dear Judge Reha:
Enclosed please find the City's Reply Memorandum in the above-referenced matter. A
copy of the same has been served by mail on Mr. Vaught.
I am also enclosing copies of a commurucation that I received from a Cornelius Brown
Jr., who is the Chairperson of the Ramsey Action Programs, Inc. This arrived after the hearing,
and I advised Mr. V aught, who offered no objection to my submission of this document to you,
with copies to him, as part of the "public comment" portion of the hearing.
Sincerely,
/'"_
�/ �'� �-��,
��
Virginia D. Palmer
Assistant City Attorney
cc: S. Mark Vaught
encl.
OFFICE OF ADNIINISTRATIVE HE�GS ,� � C` � V C p
FOR THE COUNCIL, OF THE ��, j � ,� ,���
CITY OF SAINT PAUL �"" :": t("I f J•,, �
-- -�i _
� i_. . ,;'�(ij
In re the licenses held by Metro $az & Grill, CTTY'S REPLY MEMORANDiJM
Inc., d/b/a Arnellia's
The City has the letter brief of the licensee dated March 1, 2000, which was received via
FAX on March 3, 2000, and submits the following in reply.
The failure to have one of four surveillance cameras operatin� was not willful
The failure by the Iicensee to haue one of the £ouz surveillance cameras operating was not
actually raised as a basis for adverse action, althougk it is a violation of the conditions. In fact, it
was not until the testimony at the hearittg by the sons of the licensee that it was apparent that the
fourth camera had been inoperable for a significant period of time. The actual violations noted as
the basis fox advexse action were the September 23, 1999 fail�e to have the video operaUng at
a11, so that no cameras were recording, and the failure to activate the recording mechanism on
October 7, 1999 until after the incident had already occuned. Nonetheless, the City did azgue
and does believe that the delay in discovering and fixing the problem with one of the surveillance
cameras illustrates that the licensee did not take the conditions relating to security cameras
seriously. This, together with the lack of communication to staff about the importance of the
condition and the lack of planning and training on how to implement it made it easy for the
employees to ignore the condition. Lany Allen's actual testimony was that he did not know how
the October 7, 1999 failure to record happened; he stated that initially he believed that another
employee must have been responsible for failing to activate the machine, but that he then decided
that he could have pushed "play" rather than "record". While Sb . Kempe testified that the
explanation was possible, ke did not believe that it was necessarily the true eYplanation or the
only way in which the failure to recard the inczdent could have happened.
The £ailure to have one camera in operatine order did not contribute to or cause the underlvinE
incidents. nor did the Respondent or nav of its employees participate in or contribute ta either of
the two incidents
Licensee argues that the vantage of the broken camera on the October 7, 1999 incident
did not encompass the area of the incident, and speculates that the camera would also have been
of little assistance in the investigation of �lie September 23, 1999 incident. No1 only is this
conclusion pure speculation, but it is completely inelevant. Nowhere in the conditions is there
an exception to the recording requirement stating that it is unnecessary i€the events which
happened might not have been in the range of the camera. The Licensee agreed to the condition
requiring at least four surveillance cameras on the outside of the building, to constantly monitor
the extexior of the premises. Tapes from the surveillance cameras were to be maintained for
seven days. Licensee quite simply failed to abide by these conditions.
Licensee argues that because there is no causation between the failure to zbide by the
conditions and the crimes committed on the two dates in question, thaY no penalty is appropriate.
The basis for the adverse action was that the Licensee faited to abide by the conditions placed on
the license. In fact, an azbument could easily be made that Licensee's failure to comply with the
conditions contributed to the ongoing problems, by failing to offer the police any useful evidence
to solve the crimes committed. Licensee did not dispute in any substanfial way that the people
involved in the September 23"' and October 7"' offenses had been customers of Amellia's earlier
in the evenin�. The fact that the Licensee failed to comply with conditions desiened to deal with
the probiems caused by her own customers is not onJy a basis for adverse action, but a reason to
treat the violations seriously.
The recommended penaltv is too severe
Licensee argues that the penalty is too severe, and that no penalty is appropriate at all.
However, as the City has previously azgued, the penalty recommended is appropriate given the
fact that there were two violatiotts of these conditions within a short period of time after the
condition was agreed to, and the second violation happened shortly after the Notice of Violation
was sent on the first incident. In addition, it became ctear at the hearing that there was a camera
which was not operable for at least two months, and possible longer, and that employees of the
establishmettt felt no obligation to ckeck on the equipment to see if it was in working order. The
two violations which were discovered came to light as a result of gunshots on one date and a hit
and run in the establishment's parking lot on the second date. It was apparent from the testimony
that there were other times during the establishment's open hours that the cameras were not
recording, as no procedures had been established for when they should be turned on or when the
tapes should be changed.
Licensee azgues that the curative actions outlined in her letter o£ October 29, 1999 should
mitigate whatever penaIty is imposed. Unfortunately, the "curative action" outlined in the Ietter
amounts to nothing more than the obligation imposed by the condition - tapes are placed in the
VCR daily and are being kept for a week before being taped over. There is no indication that
there has been any training, any discussion with staff, any change in philosophy to take the
condirion seriously beyond a promise to abide by the bare minimum required. In fact, the
testimony at the hearing from the manager, 7ackie Hicks, made it clear that the Licensee's
employees still Think the condition unnecessary and 'unposed only aY the whim of the Office of
LIEP. Also, whether or not it is a zninor esor, Licensee states that there was a problem with the
VCR, which was then repaized. The testunony at the hearin� is that there was a problem witki
one of the cameras, not the VCR. Finally, Ms. Hicks acknowledged, albeit grud�ingly, that the
establishment has already been the subject of adverse action because of problems caused by
vioIence of the customers.
For a11 of the foregoing reasons, the City respectfully submits that the violations should
be found to have been proved, and the recommendation should be made for a sixty-day
suspension of the licenses held by the Licensee.
Dated: 3��o C3
��` �
Virginia . Palmer (Atty Lic. # 128995)
Assistant City Attorney
400 City HalUCourthouse
15 W. Kellogg Boulevazd
Saint Pau1, MN 55102
(651) 266-8710
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To: City of Saint Pau1, Office of the City Attomey
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From: Cornelius Brown Jr., ll92 Edmund Avenue, St. Pau1, MN. ,5 �--
Re: ADMINTSTRATIVE LAW TUDGE HEARING, JANUARY 26"', 2000
I want to extend my support of punitive measures to be imposed on Arnellia's
on the Avenue, hereafter referred to as the "establishment". I agree That the
establishment's decision not to provide video surveillance tapes and their refi�sal
to cooperate with lativ enforcement is in violation of the conditions of their
liquor license. I believe these actions compromise public safety in the
neighborliood. However, the lack of African-American business in this largely
black neighborhood is aiso a concern. To my knowledge, this establishment is
one of two black-owned businesses authorized to retail alcoholic beverages. To
lose a profitable business in otu neighborhood is also a concern. The
establishment certainiy employs residents from this neighborhood whose
Iiveiihood is connected to the continued operation of the business. For me, it is
not just a matter of public safety, which is number one, but aiso a matter of
economic concern. For this reason I would suggest suspension in lieu of
revocation of the estabtishment's license to operate. Thank you for consideration
of our corresgondence.
Cornelius Brown Jr.,
Resident of St. Paul Midway Neighborhood
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Ramsey Action Programs, � ,�.
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AREA ".�," AD�'ISORY COL�CIL MEETT�iG �_. �. -';;,,:i �� �
� : _; ..: .::, o.,
December 6�', 1999 — 7:00 p.m,
�?'� ?�` Ficor Cunference xoom
l�oiiB£RS PRESEh'T
Sheila Jones
Comelilis E. Brown Jr.
Pauline Mims
Reverend Liada Stampley
Lillie Hollinasworth
Patricia Martin
WiIliam B. Davis
:12E'�IB£RS ABSENT
WaIlace Tavlor
Arif MoBammed
Donna McI}uffie
R4P STAF'�'
Paul H_ Freacf� �Iei�Itborfiood Associate
GLrEST PRESENT
Dr. James T. Shelton
.............................i....,�::hnig Minutes.........,......,.,,,.............�
Call to Order/Roll Call, 7:30 p.zn. — Comelius E. Brown 7r., Chaiiperson
A quonim wzs present. Absence of two members was not considered or contested.
MOTION BY LNi DA STA.�LEy A1VD SECONDBD SHEI[,A 70NES: T'O APPROVE T'gE
CURRENT AGEti'DA, MOTTON CARRIED.
MOTION BY LLNDA STAMPLEY AND SECONDED BY LILLIE HOLLINGS WORTH: TO
�PRfl� T� ��EETING D�i'T7TE5 OF NOVEII�IBE12 16, 1999, MEETIiYG. MOTTO�i
C_�,.IZRI�D.
REPOIZTS
Chaisperson, Cornelius Brrnvn Jr. —�, Brown began his report by reco�nlTng an effor� on the
part of the City of Saint Paul to discipline the biack ow�ed nightclub, Arenllia'on the Avenue, 1183
tinivE����Y Avz�ne, SE_ Paul. The effort is based on the owner's refusal to furni;h� visie�
surveillance tapes to aid in a police investigation regarding two shooting incidents, in which one
resulted in a homicide. It was the consensus of the �oup that although public safery is the number
one concern, it is also important that the limited nnmber of black owned businesses in the Summit-
Univzrity,'Fro�tow neighborhoods be maintained if possible. It was a�so the consensus of the
group tfiat they should drafr a letter to the St. Paul City Council indicating their position on the
matter. They do not favor revocation of the license at this time. By and large, the TAAC wants to
convey their dissatisfaction with the management of Arnellias' and their belief th2t ownership
sl:ou!d be di,oiplir.ed. At the same time, they are also concerned about tiie limite� number of liquor
licenses available in St. Paui and their astronomical costs that almost make it impossible for
African-Americans to secure. From the goup's vantaQepoint, Acnellias' is the only African-
Janu� American owne�i.li�uor�ab ishment in the citv Tfie administrative hearin� will be held on
� a,n�.,, rn.�..,.__r___ . . --r----_�
"V:obilizing Communiry Resourc� co Reduce Poverry in Ramsey and Wasningcon Count:es."
An Affirmacive AecionJEqual Opporcunity Employer.
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�: {';ri�-7� ni, �%�ti
�e.�:ri::\
�lembers d,•scusse3 the option o� cLanan� tha meeting time from 7:OOp.m. �-9��pii�:"to�o:00p.n. To
8:p.rn. in order io adjou,-n earlier in winter months: MOTIp�; 3y j,L�?�� 5�;���ri.Ei' :�.�tD
SEL.O�?��?� BY' Lu.;_,�t iiOLLL�+GSWQRTH: TO CH�tiGE THE T�AC A 1SEETLtiG
TLRiE TO 6:dflP �S. — 8:OOP �L 1IflTIOV CAI2RIED.
�1PBOARD/P&E, LiilieHollingnvorth —IyTs. Hollingsworth reported tl�at tbeP&E and
Operations committees wiIl be�in io meet at the same time as directed br Pau1 Gasian, RAP
Board President.
Steff Repfln, Pau1 H. Fret:ch — tiIr French reporte OQ IllS L7Cill1Iy into the Summtmi;
Collaborative fundin� issue. He reported that the money is still tar�eted to the S-U area but changes
have been made in atiministration of the funding. He reporteci that the Departmen# of Children
Families and Leamintr indicated the S-U collaborative was not funded and did not offer any reason
for the denial. They went on to say that the funding was attached to an RFP. A new collaborative
based in the Summit-University area, A.frican-�nerican Mentor Group, was the successful
candidate. It is still unciear if the former recipients of the �ant money continue to receive funds.
Sunshine Fun� Lil[ie Hollingszvorth — i�eported remaining balance as $�.50.
L'nfinished Business: No*. app!:cab:e.
New Business: There was some discussion on the proposed "I'own Meetins" to be scheduled in
March. Time etapsed and members decided to place the subject on the neat aQenda and discuss it at
that time.
Announcemenls — Mr. French also inviYed members to attend the Community Circte Dialowe on
Race, Poverty and Education, Friday, becember 17`�, 1999, aT The Minneapolis Hilton and Towers.
He indicated scholarships were available to him tha± would defray costs for re�stration. Five
members indicated they wanted to attend.
1tieYtmeeiing—January 1Q, 2000, 6:OOp.m., Ramsey ActionPro�ams, Inc., 450 Syndicate Street,
2 Floor Conference Room.
Adjournment — 9:OQ p.m.
APPROVED BY CHAII2PFRSO�i CORNELNS BROW'_V JR
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S�I �RK V�IIGHT, Attornev at Law'
Snite 700, Six �'est Fiffh Strect
Saint Paul, Minnesota ��102-1412
Telephone (6�1) Z47-64Q0
Racsimiie (651) 224-832&
E-mail * n a �kvau�h`�worldnct.a�.net
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CpNFTDEtiT1.4i. FACSIMILE COMMUNICATION
�r
Date: March 6, 2000
�lease deliver the folJowing a pages, includin; this cover s�eet to tl�e foAowing
uamed individual:
Name:
Phyttis A. Reha
Company or Firm:
Teiephane Number:
�acsimile Number:
FROM: Marl� Vaught
(651)29
Adminiatrative Law Judge
612�34i-7600
b12-3�9-2665
Comments or Ins2ructions: 3ust a courtesy fax ko let you know 1 plan� no
snbmissxons in the iVTetro Bar & Grill inatter.
If you havc any problems reeeiving these pages, plcase contact {6�1) 297-6400 and
ask for thc fax operator.
v �.:: - ��'�� "i{. J��.','U .."'++ .. ....`.J ."AX i`�C� CiCCC4t1�C.�', N�'
� V:
S.1�1�RK �ALrGHT, AftQrney at I-aw
Suite ; 04, Six �Vest Fifth SYreet
Saint Paul, ylinnesota 5�102-1412
Telephone (6�1.) 297-6400
Facsimiie {6S1) 224-8328
E-mail �a'kvau8h*,�awo*ldnet.att.ne�
CONRTDENTIAL FACSIMILE COMMU�TICATTON
cnmmu�z ieation is strictiv Drohrbiied X1' vou have rece tkis comm unication iv�
error please immediatetv noti{y the above Dartv bv telephone arrd return ihe nr:nenal
messa2e to tke address tisted above Thank vou for vaur co�eratcan.
Date: March 2, 200�
Pleasc deliver the following 4 pages, iz�cluding this cover sheet Yo the folTowing
nazned indzvidual:
Name:
Company or Firm:
Telepbone Nuraber:
Facsimile Nnmber:
T'+220M: Mark Yaughf
(651) 297-b400
Comments or Tnstructions:
Phyllis A. itchn
administrative Law Judge
612-341-'76fl0
6I2-349-2665
if yon kave any problams rcceivino these pages, please contact (fi51) 297-6404 and
t�sk for tkte fax opexator.
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�'u��'Cr 1, �Dd�
Phyllis A. �eha, Admiristrative Law ,tudge
Office of Adminzstrative Hearings
100 WasY�ington Square, Suite 1700
100 Washington Aver.ue South
Minneapolis, Minnesota �540I-2138
R�: All licenses lxeld by Metro �ar & GriIl, Zne., d(b1a Arnellia's for the premises
located at 1183 linivcrsity Avenue, Saint Paul, Minnesota 55104; License 1�
R54�?� .
Bear Judge Reha:
This letter is intended to summari�c and preseni Rcspondent's view of the
evidence evinced at the hearing held on January 26, 20�Q before yourself in �he above-
erititicd m�tter.
'The failure to have one af Pour surveillance
cameras opetatin� was not willful.
�rom the evidende, Respondent concedes that one of four sur�reiliance cameras
was not in operating condition at the time of the twv incidcnts on Seotemner 23 and
October 7, 1999.
However, respondent submixs that the evidence sk�ows li'�e faiI'are rh�as not willful.
L'pon discove:�ng tLai the camara was uat fi,mc:ionin�, Iiesp�ndcnt took pzoper and
timely steps to assuze tr.at a replacement car�erl was ordered and saw that it was installed
in a timely manner a£ter t'r.e zeplacement azrived.
T.o be certain, theze was a tim� lag between the dxscovery of the n�n-funCtioninb
camera and its repiacement. lindar the c�rcumstanc�s, as presented in this case, that time
lag was not urseasonabJe and tY!c orderieg , pt:rchase and insta?!ation of the reolacement
cameza� was done in the nors:zl course of business. The City presented no evidence tZiat
the Respondent was in any way negligent in the mann�r in whictx it went about replacing
the camera.
, . Ui
.`E.�,-�s-�., r:�? �9�3: :.�.:, �=":��� �P.X NC. 5i2%%^.8�28 ^ n?
;,
It wok�c'ne unreESOnabie .o rezd �`:e licens�cor.d',tion rea�i,ing Ehz cameras �o
LTIdIIG�2iC 1rilltt¢f�tBYc �c'Piu'.Ce_^_:C'.^.I O: ?�IC ROP_-�. C8.^,?ET�� iZt2S�)ELi:Ve O't Lti!2 S2CI
ilidC irle Slip�.?�IB-" 1S IOCGieC� I;1 CwIfOI�i.?8 2:.d IIO:OC21 VBIIdO* COl:'IC 'J� �'0:2^G� ;�72t'{CDt L^_C
cz,�.era ;n stock. i. woLld :i;ewisc oe �nreasonable tp :caa the cor_3 :;on zs :eq;:ir-g ;'r:e
kCS�70IlQ to ra;.° :or a:: K ee� iz� :is s�ock one or more reptac �RlC:^.: C2.LSS:.I2 2�d:. iIl�
posszbilitv o* faiI�:re.
i.arry A:Ien testiied `,hat 11e apnarently and inadverlantly sct ti�c camera .`tmction
on play raiher �.han record on che nigk�t of thc October 7, 1999 i„,cidenf and thaz he
changed it when he disco�-ered it immediately afer 2h2 in�ident when ne went t� the
recordzng device to be certai.� it was recording.
Mr. A11en's testiinony as to his appazent failure to properIy activate the cecord
fiu�ction is consistent ��Zth the tap� reco:ding in evzdence as was concedcd by S� .
Kempe, thc City's witness who analyzed the tape.
The failure to have oAe caruera in qperatin�
order did not contribute to or cause the
undexlvSnd incidents nor did the Resnondent
or anv �+f its emolovees i�aYticipate in or coatribute
� to cither of The twv incidentv.
F*or!m the evidence, it is e�t�emety doubtful that the non-functioning camera, had
it bcen in workia� order, wouici have capt�red either of the two incidcnts. 'I his is clearly
true of the fatai +nciden: Octobet 7, 1999. �he vantage of the brokca camcra simply did
not encompass the azea of tEie incident. Wztla respect to the September 23, 1999 incident
it is doub±fu[ based on the evidcnce, that a�nctionin; camera from the vantage poirC
dcscrfeed in tY:e testimozly woutd have offered much assistance in the iavestigation.
While arguabiy a properly functionina rec�rding system at th.e ticne o� October 7,
] 999 incident might have offered some view of tbe zmmediate area of tha incident, :hat is
not cleaz form the evidcnce and there is no evzdence in the record that the dewice was
deliberately di5abled or shut off to ptevent recording of the incident. Mr- A11en's failurc
to proper?y activate the record function is a mistake that any individual cauld have and
most have r„ade with�home vidco cassctte recordets.
. There is ne causzl iir1: between the bTOken carmera and Mr. .�:len's 'record/piay
misiake and t't'�e crimes commstted in either incident. Despite Mr, Kessler's inceqdiazy
rhetoric, neill2e: the Respor�dent nor any of its employees nor anyone else under its
cor.uol was dizeotly involved it or culpabla Pos the actions in either of the :ncidents. The
City offered zzo evidence 10 the contrary--other than IVlr. ICcssler's misplaced a��d
uasuppvried value jud�m�nt---�icl cune:ccled iii ihe testiction}� of tlie poliee oficee.s �,at it
had no evidence of ir_volvement ny the Respondent or any of its employees or agents in
eiciier of tha incidents.
�
:'.SK-u3-uO rKi �9�3i �AW �tr.;,'�w �'AX NC, o':L22�u?L9 .,C�
r�Y WOiSi u E hLQKC.^. C2TTle_2 2.^.0 i.�:C 7000Tdi'�I2V ITll$`id.�8 reant :n.a: `ne �'6A.Ce
invast:�ar.on wa<_ �ot assisted. �t'�e broic�n ca.riera ane recor�.�p�ay ri:s'�ake cid :ot cz::sc
either inc:d�n., nor dic t��cy :^pede ;ne poiice investigatien o` °i;he_ i:,cider.t. Trere
we:e a subst�,tiz� n:�.:�zz o: e;jervitnesses io each of t"e iacident �vno viewed tne
activ�ties from a be�er vantage thac� the surveiiianee casneras. Voiar.t ineidzr.ts are
always �oublesome an d a deatn as a zesult oT violence is L*za;c_ But sucl�: a t ragedy ar.d
li'�e zact'the Ceath ram2ins unsoived, apparenTly, does not serve as evid�nce of causauor.
on the pa*f oi L�;e Respondent.
T�Ze recomztzended penaltv is too severe.
� Gi�en the conlext oT fhe two incidents and the clea: evidence ;n the record that the
Respondent did not play any role ir, eausin� either incident, the recon�snended penaliy is
far too severe, it,.indeed a penalty is appropriate at all.
Mr. Iiessler ,estified ihat ihe recommended penally is unprecedentcd. rurthe;, hc
o££ezed as }ustification oniy ,�e fact that a"nnuder" was involved. His irnplication ftzat
the Respondent's action or iailuze� to act "caused" one or both of the incidents, most
oarltcularly ttze deati, are not }ustificd by one scintilla of evidence and border on thc
irresnonsible, •
The actions of the Respondent with respect to replacin� the broken camera were
commercially teasor.abte anc� do not merit a penaity of any sort. Whiie Respondent does
not concede that any penalty is appropriate or even that a violation took place, it ol�ers
foc your consideration that if a ge��alty is appropriate, that penaity should be substantially
less than that recommended by Mz. Kesslcr.
The Respondcnt took aonronriate cnrative
action aftec the incidents.
The one area where Respondent col�ccdes a need Sor greater attention is in the
axea of record/piay error. The actions of Mr. Ailen may we11 represent a training failure. '
That is why the R2spondent took the curative actiuc? outlined in �mellia Aiten's Ictter
which was introduced in evidence. ,And the Respondent offers that c�:rative action, which
it undertook voluntariiy a:id witiiout prompting by the City, in mitigution of whatever
faiiure is represcnted by Mr: Alien's recoxd/play mistake.
V aly �q�
_ � , �
S. ark Vaugh
attomey for Respon�izi.Y
ec Virgir.ia Yaime:, �sq.
ID1AR. -OS' OOtFRf) 08�23 OFFICE OF .1DMIti. HEARIKG
TEL:6123492665
P. 001
TR?.VSaGTtON REPORT
RecePtion
Transaction(s) compieted
�O. TX ➢ATE/TIbtE DESTIVATION
?07 MAR. 3 08:20 6122248528
DURATION PGS. RESULT YIODE
0° 02' 19" 004 OK N ECM
OFFICE OF TF� CITY ATTORNEY
Clayton M. Robiresan, Jr., Ciry Attorn¢y
C�� �F' il�l� pA�, 4 r(, ��,� �� CivilDivision
Norne Cateman, :Ltayor n^ � C7 `7 A�! ��'-, S Z 300 City Hall � 7elephone: 65T ?66-87Z0
_.: a �,� nC� v I�7.yestKel7aggBlvd Facsimile:6i1?98-5619
Saint Paul, :Krnnesota i57D2
;•U ',iJ Cr-.:1`v�'._
�i�� .:;;
�.�r.,�•.i:xuJ
February 18, 2000
The Honorable Phyllis A. Reha
Adaunistrative Law 7udge
Office of Administrative Hearings
100 Waskrington Square, Suite 1700
Mi;uieapolis, MN 55401-2138
RE: In re the licenses held by Metro Bar & Grill, Inc., d/b/a Arnellia's
Dear Judge Reha:
Enclosed is the Final Argument on behaif of the Office of License, Inspections and
Environmental ProtecUOn in the above-referenced matter. A copy of the same has been served
bp mail upon Nir. Vaught, attorney for the licensee.
Sincereiy,
��r `t,C= ��ce-1'.-,^-¢�.
U
Virginia D. Palmer
Assistant City Attomey
cc: S. Mark Vaught
OFFICE OF ADMINISTRATIVE HEARINGS q` C� �,� � U
FOR THE COUNCIL, OF Tf�
CITY OF SAINT PAUL �� �=� 2? ��; ^: 52
,._ ;r�':�
riC��'=`±�C
Yvl. �
In re the licenses held by Metro Bar & Grill, CITY'S FINAL ARGiJMENT
Inc., d!b!a Amellia's
STATEMENT OF FACTS
The Office of License, Inspections and Environmental Protection initiated adverse action
against the licenses held by Metro Bar & Grill, Inc., dlb/a Arnellia's, for violating conditions
placed on the license. Saint Paul Legislative Code §310.06(b)(5) permits adverse action to be
taken against licenses where the licensee "has failed to comply with any condition set forth in the
license, or set forth in the resolution granting or renewing the license." There have been license
conditions on the licenses held by Metro Bar & Grill for several years, and the most recent
revision of those condirions was done aRer meeting with the license holder and a number of other
interested persons, including LIEP staff and St. Paul police officers. Effective Juiy 8, 1999, two
condirions relating to security cameras were placed on the license. Condition # 11 states:
°Licensee [sic] holder wi:l maintain in good working order at least 4 video surveillance cameras
on the exterior of the buiiding to constantly monitor the ea�terior of the premises. Tapes must be
maintained for ? days." Robert Kessler, D'uector of LIEP, testified that the conditions regazding
the surveillance cameras were put in place as a result of a fatal shooting which took place outside
of Arnellia's. 7ackie Hicks, a manager of Arnellia's, aclrnowledged that the licensee had agreed
-1-
to the conditions and was awaze of them.
On September 23, 1999, a shooting took place outside of Arneliia's. Saint Paul Police
Qfficer 7obnson was sent to the baz to recover the tape from the outside video surveillance
caxneras, but was advised by the owner, Arnellia Allen, that there was no surveillance camera
behind the build'mg. The officer advised her that tapes from the other cameras might be helpful
in identifying the suspects. After Ms. Allen contacted her son, Larry Allen, by phone, she
informed the officer that the cameras were not operating the previous evening. Sgt. Richard
Munoz also went to Arnellia's to attempt to obtain a video tape of the incident. Ms. A11en stated
that she did not have a tape to give him because the camera in the rear of the building was
broken, the other cameras were not operating and there was no tape in the recorder.
A Notice of Violation dated September 30, 1999, was sent to Amellia Allen alleging that
the failure to have the video cameras on and taping on September 23, 1999 was a violation of
condition # i l of the license� The Notice was served by mail on October l, 1999 on Ms. Ailen,
at the licensed establishxnent, and gave the licensee until Qctober 1 i, 1999 to respond on how
they would like to proceed. While that matter was still pending, on October $, 1999, there was a
suspected homicide which took place outside of Arnellia's, beginning in the parking lot and
ending up on University Avenue. Qnce again, police went to Arnellia's to obtain videos frorn the
surveillance cameras. The video tape which was obtained was reviewed by several Saint Paul
Police officers, among them Sgt. Mark Kempe. Sgt. Kempe testified that the video tape which
he reviewed was obtained from the bar by O�cer Arnold, who then took it to the police station
and gave it to Sgt. Younghans. Sgt. Younghans and other officers reviewed the tape. The tape
was played at the hearing, and no claim has been made that the tape is not authentic nor has any
-2-
ciaim been made that the tape was tampered with.
The tape is divided into four quartezs, with one square for each of the four outside
surveillance cameras. The upper left hand square is blank; testimony later established that tlus
camera was not operating for at least two months, and probably longer. The remaining three
squares show the front door azea (lower left screen), the back door azea (lower right screen) and
the east pazking lot (upper right screen}. There are numbers which reflect a date and time, but
these aze not related to the actual date and time of the recording. It was Sgt. Kempe's opinion
that the tape was not operating at the time of the incident in the pazking lot on November 8,
1999, but that the tape had been turned on after the police had been called. He based this opinion
upon the review of the tape, which showed a sudden jump in the dates of the tape counter, from
10-30-89 at 8:50 to I i-7-89 at 12:11:42; the abrupt change in the items being viewed (a view of
the front door with no one outside and a jump to a lazge crowd of people); and the fact that the
squad cars can be seen arriving. His conclusion was that the tape had not been
constantly operating, but had been turned on after the fact.
The wimesses presented by the licensee did not dispute that there was no tape from the
incident on September Z�, 1999. In fact, Larry Allen acknowledged that he forget to use the
surveillance cameras, despite being told of the conditions on the license. He also admitted that
the tapes were not operating on October 8, 1999 until after the incident occurred, and the police
had been called. His expianation was that he had hit the play, but not the record button on the
tape machine. It also was appazent from the testimony of both Larry and Jerry Allen that one of
the video surveillance cameras (the upper left quarter of the tape) was not operational for a period
of over two months. The witnesses for the licensee seemed to be arguing that the recommended
-3-
penalty of b0 days was too severe because the violation of the condition on the license did not
cause the shooting on September 23, 1999 or the death on October 8, 1999.
AAGiIi�1ENT
The City's burden of proof in this hearing is a preponderance of the evidence; if it is more
likely than not that the licensee violated the conditions of the license, then the City has met its
burden. In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. 1988). The license condition in
question in this matter is Condition #k 11, which states:
"1 l. The Licensee [sic] holder will nlaintain in good working order at Ieast 4
video surveiliance cameras on the exterior of the building to constantly monitar
the ea�terior of the premises. Tapes must be maintained far 7 days."
Implieit in the wording of this condition is that the video cameras are to be operating, and taping,
at all times that the baz is open. One of the reasons for placing the condition on the license was
to assist police by providing them with possible means of identifying suspects in the assaults,
shootings and other problems being caused by bar patrons after leaving the baz. Cleazly, the
licensee violated the condition on Septembez 23, 1999, when no tape was in the video and it �vas
not being operated, and again on October 7, 1999, when taping did not start until after the
incident occurred.
The Director of LIEP, Robert Kessler, testified that he recommended a suspension of 60
days for the licenses hetd by Metro Bar & Crri11, Inc. He acknowiedged that it was a severe
penalty, although he also noted that his initial inclination was to recommend revocation of the
licenses. He noted that the condition on the license was the result of a meeting with the owner
and management of Arnellia's, as weil as Saint Paul police officers, and that the
recommendation for video surveillance cameras was something the police felt would assist them
�
in mvestigating and solving crimes occurring at or around the bar. The meeting and the
additional conditions on the license were motivated by a murder which occurred outside the baz,
on University Avenue. The conditions were effective July $, 1999. Within a matter of months,
there was another shooting outside of Arnellia's, and only two weeks later, a person was killed in
an incident which was investigated as a possible homicide and which began in the baz's parking
lot. Officers tesfified that in both the September 23 and the October 7, 1999 incidents, that the
people involved had been inside the baz as patrons eazlier in the evening. It was apparent from
the testimony of Jackie Hicks that she felt the condition was unnecessary and that the bar feels no
responsibility for the behavior of patrons once they are outside the building. However, the bar
had the opportunity to oppose the conditions being placed on the license, as imposition of
conditions is an adverse action, pursuant to Saint Paul Legislative Code §310.05(a). The licensee
chose not to contest the imposition of conditions, and cannot now azgue that the conditions aze
unreasonable.
Ms. Hicks acknowledged that there has been a prior adverse action against the licenses
held by Metro Bar & Grili, Inc., based upon the number of shootings which have occuned
outside and azound the establishment. Rather than demonstrating concern for the problems
generated by patrons of the establishment, the ficensee seems to azgue that because the violation
of the conditions did not directly cause the incidents, they should not be punished. In fact, the
continuing neglect of the conditions regarding the surveillance cameras is both a serious
violafion, and contributes to the ongoing problems outside the baz. As long as the establishment
ignores the condition to have cameras monitoring both inside and outside the premises, the police
are denied access to valuable evidence to solve felony-level and other crimes occun•iug just
-5-
outside the doors of the baz. In both the September 23 and October 7, 1999 inciderns, the
participants were patrons of the baz; although they did not commit the crunes inside the building,
they were present outside the building because they had been at the baz. The licettsee obviously
benefits from the custom of its patrons by charging them foz food and alcohol. This is conduct
permitted by the licenses it holds. It would be unfair to say that the establishment can benefit
from the licenses it holds but escape ail xesponsibility for the obligations imposed on the licenses
by the Office of LIEP.
The sanction recommended by the Office of LIEP is warranted by the inaction of the
license holder in implementing the conditions agreed to. The conditions were to be effective on
July 4, 1999. It was appazent from the testimony of all of the wimesses for the licensee that no
training had been done with employees to advise them of the importance of the conditions or
how to unplement them. Thus, on September 23, 1999, the cameras were not even operating.
Despite receiving a NoUce of Violation advising them of the failure to abide by the conditions, it
was only two weeks later that Lany Allen either failed to turn the recorder on or failed to turn it
to record until after another instance of violent behauior required a call to the police. Only then
did the cameras actually begin to record.
Further evidence that the attitude of the licensee towards the condition was lackadaisical
at best was the testimony regazding the fourth surveillance camera, which was determined to be
malfunctioning in August of 1999, and which was still inoperative at the time of the October 7,
1999 incident, two months later. The testimony made it cleaz that there was no sense of urgency
about getting the camera replaced once the baz finally realized that it was not functioning. There
was no clear responsibility for taking chazge of the repair or reinstallation, and Larry Allen, the
�
manager, appazently relied upon his mother's statement that Earl Allen had been contacted to
come install the camera without checking to see that it was done or to have it done in a timely
fashion. When asked if anyone ever reviewed the tapes, Lazry Allen stated that he did not, and
Jackie Hicks believed that it wasn't incumbent upon the bar to do so. This lack of responsibility
for checking the tapes meant that they couldn't be sure the cameras were in working order, and
fiirther demonstrates the fact that they did not take the condition on the license seriously.
The Office of LIEP made every effort to work with the licensee to deal with concerns
about the violent incidents taking place outside Amellia's by meefing with them to develop
conditions that would deal with the problem. Both the testimony of Jackie Hicks, and the actions
and inactions of Lany and Jerry Allen make it ciear that the empioyees of the licensee do not
take the condition seriously and do not feel it is necessary. No training was ever done on how to
implement the condition, it appears that when the cameras are turned on and off was lazgely a
matter of personal decision by the ind'avidual employee, and no effort is made to see that the
cameras aze functioning properly by reviewing the tapes. The mere fact that on the two
occasions that the police looked for tapes to assist them in investigating crimes the tapes weren't
available because the recorder had not been used or had been improperly used, warrants a severe
penalty, but added to that, the recommended penalty of a sixty-day suspension is warranted
because the testunony shows that this was not a one-tune lapse on the part of the licensee, but
part of a general disregard for the condition. Additionally, this is a second adverse action against
the licenses held by Metro Bar & Grill, Inc.
CONCLUSION
The City has met its burden of showing that the licensee violated Condition #11 on the
-7-
.
license on both September 23, 1999 and October 7, 1999, because the licensee failed to have a
tape in and the machine operating at all on September 23Td and failed to have the machine
continuously monitoring and recording on October'T"'. These violations occurred in short period
of rime, were part of a continuing pattem of indifference to the condition being nnposed on the
license, and were a resuit of her faiitue to convey the importance of the condition to her
employees oz train them in its unplementation. The argument that these violations are not
serious because they did not cause the incidents themselves simply underscores the fact that the
licensee does not consider the condition to be important, as does her manager's testimony that
the condition is unnecessary and was only imposed because the Director of LIEP doesn't like the
bar. The Q�ce of LIEP has worked with the establishment to deal with the problems caused by
same of the patrons of the bar, and the licensee's failure to abide by the conditions and take
responsibility for their part in the problems warrants a severe sanction.
Respectfully submitted tkus 18"' day of February, 2000.
'� � � �t-'"-�-�
Virginia D. almer (Atty Lic. # 128495)
Assistant City Attorney
400 City HalllCourthouse
15 W. Keliogg Boulevazd
Saint Paul, MN 55102
(b51)266-8710
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STATE OF MSNNESOTA )
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COUNTY OF RAMSEY )
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ss. ,,:.�r�YF1FIDAVIT OF SERVICE SY MAIL
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JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on the 18th day oi February, 2000, she served the attached
CITY'S FINAL ARGUMENT on the following named attorney by placing a
true and correct copy thereof in an envelope addressed as follows:
Mr. S. Mark Vaught
Attorney at Law
Six West Fifth Street
Suite 7�0
St. Paul, MN. 55102
(which is the last known address of said attorney) by depositing
the same, with postage prepaid, in t ited States mails at St.
Paul, Minnesota. , n /f �
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Subscribed ancl sworn to before me
this 18th day of February, 2000.
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February 28, 2000
STATE OF MINNESOTA
OFFTCE OF ADMINi5TRATIVE HEARINGS
700 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Virginia D. Palmer
Assistant City Attorney
Civil Division
400 City HaN
15 West Kelfogg Soufevard
St. Paui. MN 55102
S. Mark Vaught
Attomey at Law
6 West Fifth Street
Suite 700
St. Paui, MN 55102
RE: In the Matter of the Licenses heid by Metro Bar and Griii, Inc., dlb/a
Arneilia's; OAH Docket No. 9-2111-1264�-3
Dear Counsel:
This letter is in response to Ms. Paimer's request to extend the period for
repiy briefs from February 28, 2000 to March 6, 2000. Her request is granted.
{ have not as yet received Mr, VaughYs initial brief. Although he has not
requested an extension of the time to submif his initiai brief, in light of the above
extension i w+li extend the time period for his initial brief to March 1, 2000. !f
Respondent wishes to fi{e a repiy, it too mus# be filed by March 6, 2000.
Thank you for your cooperation.
Sincerely,
�,t� G� ��..�.,.-
PHYLLfS A. REHA
Administrafive Law Judge
Telep hone: 612/341-7602
PAR:mki
Providing impartial Hearings for Government and.Citizens
An Equal OppoRUnity Empfoyer
Administrative Law Section & Administrative Services (612) 341-760D � TDD No (612) 341-7346 � Fax No. (652) 3q9-2665
OFFICE OF THE CITY ATTORNEY
Clayton M. Robimon, Jr., City Afiorney
CITY OF SAINT PAUL
Norm Coleman, :4tayar
Civil Division
400 Ciry Hall
I S West KelZogg Blvd
Saint Pau1. Minnesota SSIO2
Pelephome: 651266-8710
Facsimile: 651298-� 619
Febniary 24, 2000
The Honorable Phyliis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN 55401-2138
RE: In re the licenses hetd by Metro Bar & Grill, Inc., d!b(a Arnellia's
Dear Judge Reha:
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I am writing to you regarding the briefing schedule in the above-referenced cased, which
you heazd on January 26, 2000. The City and the Licensee were to submit sianultaneous written
final argument by February 18, 2000, with reply briefs due by February 28, 2000.
I will be out of town tomorrow and Monday, and am requesting an ea�tension of the reply
brief deadline from February 28, 2000 to March 6, 2000. I spoke to Mr. Vaught, who had no
objection to my request for an extension of the reply brief deadline.
Thank you for your consideration in this matter. If you have any questions, I can be
reached at(651) 266-8719.
Sincerely
(/ � �,c,�(' w�-r�
�
Vixginia . Palmer
Assistant City Attorney
cc: S. Mazk Vaught
OFFICE OF THE CITY ATTORNEX
Claytnn M. Robinsorr, Jr., CityAttorney
CITY O�' SAINT PAUL �' :_ :; `�'i _ J
Norm Colera¢n, Mayor
�9 ��G 3�� �i� 9� 2�
December 15, 1999
Amellia Allen
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
r.. ',� "� i� ( i� i�ti c=
•' il ` inNli`�VJ
Civi[Division
400 Ciry Hatt - TeZephone: 63I ?66-87I0
ISYYUtKetloggBlvd Faalmile:651298-i679
SaiM Paul, Minxesota i5101
RE: A111icenses held by Meho Baz & Grill, Inc. dtbla Arnellia's
for the premises at ll 83 Universiry Ave. in St. Paul
License ID #: 54523
Dear Ms. Allen:
Our office recently sent out a NOTICE OF HEAFiING dated December I5, 1999, which
mistakenly identified "3anuary 26, 1999" as the date for your up-coming administrative hearing.
The date should more appropriately be "7anuary 26, 2000." I wish T could blame this on Y2K, but
it was only a typo on my part. T apologize if this caused any confusion.
If you have any questions, you can call me at 266-8710.
Very tru��ours
/`��%`�� �
Peter P. Pangborn J �'
Legal Assistant
cc: Mark Vaught, Suite 700, Six West Fifth St., St. Paul, MN 55102
Nancy Thomas, O�ce of Admuustrative Hearings, 100 Washington Squaze, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Organizer, Hamline Midway Coalition,l �fi4 Lafottd Ave., St. Paul,
MN 55104
OFFICE OF THE CITY ATTORNEy
CI¢yfon M. Rabinson, Jr., CityAttorney
CITY OF SAINT PAUL �' �_ ^ - f '� �'" ��,,,ro�v;�co„
_.,_:.�.
Norm Cnlemair, Mayor �� 11 r �� 40 y Ci ` ry Ha11 Te(epkone: 6i1266-8710
i.�'i UCC � 0 Nl i 6�-e•y�t Ke1la�g Blvd Facsimile: 6il 298-i679
Saint P¢ul, iYlinnesota 55702
e;..,r;:'`;, ,; \� i i i,�i i i'i �
11`l:1llft�t��
December 15, 1999
NOTICE OF HEARING
Arnellia Allen
Arnellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Bar & Grill, Inc. d/b!a Amellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Dear Ms. A11en:
Please take notice that a hearing will be heid at the following time, date and place concerning all
licenses for the premises stated above:
Date: Wednesday, January 25,1999
Time: 9:30 a.m.
Ptace: Room 41
Saint Paul City Aall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Adsninistrative Hearings:
Name: Phyllis A. I2eha
Offica of Administrative Hearings
-- 100 `Vashington Square, Suite 1700
;, Minneapolis, MN. 55401
Telephone: (612) 341-7602
The Councii of the City of Saint Paul has the authority to provide for hearings concerning licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.Q5
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicafing and non-
into�cicating liquor, authoriry is also conveyed by Minnesota Statutes section 340A.4i5. Adverse
action may include revocation, suspension, fines and other penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action aeainst all the licenses you
hold at the above premises as follows: �
On September23,1499 therewas a shooting outside ofArneilia's,
near the alley on the west side of the buiiding. Saint Paul police
officers zvent to the bar later that day to recover tapes from the
video surveillance cameras to assist the police in idenrifying the
suspects in the shooting. Officer Johnson was informed by the
owner that there was no camera near the area in question. When
asked if police could review the other camera tapes, the owner
stated that the cameras were not taping at the time of the
incident. There is a condition on the licenses that the License
holder must maintain "in good working order at least four video
surveillance cameras on the exterior of the building to constantly
monitor the exterior of the premises. Tapes must be maintained
for 7 days." Failure to have the video cameras on and taping on
September 23,1999 is a violation of the condition.
On October 7, 1999 there were shots fired outside of Arnellia's,
and an individual was run down in the parking lot and killed.
Saint Paul police o�cers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. SeveralmembersofthehomicideUnitwatchedthetape
provided, and it was apparent that a large portion of tfie events
from October 7, 1999 are not on the tape. It appears that the
security cameras were not activated until after the incident in
which the person was killed, as the first thing from the date in
quesfion is the arrival of the squads called to in� estigate.
AdditionaRy, the times and dates on the tapes make no sense, and
the items being viewed in 2he speci£ic surveillance areas covered
by the various cameras shift abruptly. There is a condirion on the
licenses that the License holder must maintain "in good working
order at least four video surveillance cameras on the exterior of
the building to constantly monitor the esterior of the premises.
Tapes must be maintained for 7 days." Failure to have the video
cameras on and taping at all times on October 7, 1999 is a
violation of the condition.
�.;,
Notice of Hearing - Page 2
You have the right to be represented by an attorney before and during the hearing, or you can
represent yourself. You may also have a pezson of your choice represent you, to the extent not
prohibited as unauthorized practice of law. •
The hearing will be conducted iu accordance with the requirements of Minnesota Statutes sections
14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Pau1 LeQislative
Code as may be applicable. y
At the hearing, the Administrative Law Judge will have all parties identify themsel'ves for the record.
The City will then present its witnesses and evidence, each of whom the licensee or attomey may
cross-examine. The licensee may then offer in rebuttal any wimesses or evidence it mav �vish to
present, each of whom the City's attorney may cross-examine. The Administrative Law Iudge may
in addition hear relevant and material testimony from persons not presented as witnesses hy either
party who have a substantial interest in the outcome of the proceeding; for exampie, the o�vners 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 3udge wi11 prepare Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
You should bring to the hearing all documents, records and witnesses }�ou will or may need to
support your position. Subpoenas may be available to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Rules, part 1400.7000.
If you think that tius matter can be resolved or settled without a formal hearing, please contact ar
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 incorporariQn into his
or her recommendation for Council action.
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as true. 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.
If you have any questions, you can ca11 me at 2b6-871Q.
Very tnxiy yours,
�� \ n
= 'tic �J �,�-t'�
Virginia l�: Palmer
Assistant City Attorney
cc: Mark Vaught, Suite 700, Six West Fifth St., St. Paul, NRV 55102
Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 170Q,
Mpls, MN 55401
Notice of Aearing - Page 3
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP �
Cathy Lue, Community Organizer, Hamline Midway Coalition,1564 Lafond Ave., St. Paul,
NN 55104 '
Notice of Hearing - Page 4
� 4
�
OFFICE OF ADMINISTRATIVE HEARINGS
ROR THE COUITCIL O�
THE CTTY OF SAII`�T PAUL
In Re The Licenses Held By Metro Baz & Gril1, Inc.
d/bfa Arnellia's
C"i ( Z��
CITY'S PROPOSED
EXHIBITS
7anuary 26, 200Q
T0: Judge Phyllis A. Reha, Administrative Law Judge, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list of the Ciry's proposed e�ibits for the Administrative
Hearing on January 26, 2000.
Exhibit No.
E�. No. 1
E�. No. 2
Exh. Na!�3�
.�
1" ' E�. NoC
�1
�� � E�. No. 5
E�, No�
>
� , �E�. No. 7�
y�� E�. No. 8
JYuf '''
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Description
License Information Report, dated September 30, 1999 (4 pp.);
License conditions for Metro Bar & Grill, Inc. rUb1a Arnellia's (1 p.);
Police Report CN99-157945, prepared by Officer Gerald E. Johnson, dated
Septembet 23, 1999 (2 pp.);
Police Report CN99-15794�, prepazed by Sgt. Richard J. Munoz, dated
September 23, 1999 (S pp.);
Norice of Violation, dated Septemher 30, 1999, with Affidavit of Service
� PP�);
Police Report CN99-167633, prepared by Sgt. Mazk C. Kempe, dated
November 8, 1999 (2 pp.);
Video tape recovered from the licensed establishment on October 7, 1999;
Letter from Ms. Arnellia Allen, dated October 29, 1949 (2 pp.);
A +(
'E�i. No. 9
E�. No. 10
�� i
Notice of Second �Jiolation, dated November 10, 1999, with �davit of
Service (3 pp.); ,
Notice of Hearing, dated December 1�, 1999, with �davit of Service
t� PP-)�
Also attached please find courtesy copies of applicable St. Pau1 City ordinances:
St. Pau1 Legislative Code § 310.05
St. Pau1 Legislarive Code § 310.06
St. Paul Legislative Code § 310.17
Respectfully submitted this 26th day of January, 2000.
�.
�
Virginia D mer
Assistant Ciry Attomey
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
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License Group Conditions Text
Licensee: METRO BAR & GRILL INC
�BA. ARNELIIA'S
License #: p054523
09/29H 999
EFFECTIVE 07/08/99:
1. Dress Code: Amellia's agrees to continue to enforce a dress code for customers designed specifically to prevent paVOns or customers from concealing
weapons or contra6and i�side baggy clothing or weari�g ga�g affiliated cqlors.
2. Adherence to Strict Identification Requirements: Amellia's will require proper picture identification from anyone who appears to be younger than 30
years old. Those without proper identification shall be denied entrance.
3. Inaease Communication with Police and Neighbors: Amellia's shall initiate and main7ain regufar communication with the west sector team police
commander or his designee, and licensing offipals. Christine Rozek and Kris6na Schweinler. Meetings shall include neighborhood organizations to the
extent possible.
4. Controi Music 7ype and Format Amellia's shall conBnue to be responsible for screening out music that promotes or glorifies violence and nefarious or
arti-social behavior.
5. Amellia's management and security personnel will i�sure that patrons do not leave enmasse, but rather, management and secuirty will encourage
patrons to leave in an orderly and conV011ed manner behveen 12:30 a.m. and 1:'15 a.m.
6. The pubiic telephones shalt not allow incoming cafis, nor any caiis to or from electronic beepers or pagers.
7. Amettia's shall mainUan a fist of atl patrons who have been banned from the esta6lishment, and this list s0a11 be stnct4y enforced by Arnellia's. Such list
shall include proper identification of that person, photograph and a notice of trespass. This nofice should be in triplicate with one copy going to each of the
following: �) Maintained by the esfabiishment; 2) LIEP; 3) the indfvidual being banned. Once banned, a person will remain banned for a minimum of one
year. Amellia's will cooperate unth police in filling out trespass notice{s).
8. Arneltia's shalf conGnue to provide security personnel to promote the orderiy behavior of patrons on and leaving the premises. The premises shall
i�GUde the area immediately adjacent to the establishmeat. Speciaf attenfion wilf be paid to en�uragi�g patrons to leave the area.
9. All employees and security personnel information shall be provided to LIEP for background checks.
10. Amellia's will employ the use of a metal detecting devices to ensure there are no weapons on the premises.
� L Licensee holder vrill maintain in good working order at leasi 4 video surveillance cameras on the exterior of Yne building to constantry monitor the
exterior of the premises. Tapes must be maintained for 7 days.
12. A video surveillance camera shall be maintained in good working order in the interior of the esiablishment to monitor customers as they enter the
establishment. Tapes must be maintained for 7 days.
13. Signage shaff be posted on the exterior of the building to rwtify patrons that the area may be under video surveiNance.
14. Security personnel will be on duty daily finm 8:00 p.m. until closing.
15. Back door wiil remain locked after 5:30 p.m. to prevent entry.
16. The ficensee wilt lock�the door of the establishment at �2:30 a.m. No additional patrons witt be allowed entry after that 6me.
17. Conditions reviewed at renewal.
� �
, Grill, Inc. dibla Arnellia's _
City's Eah. # 2
r �
Saint Paui Police Department �a9e �
� SUPPLEMENTAL OFFENSE / I.NGIDENT REPORT
Complamt Number Reference C,N. Pamary oXertse Date and Tme ot RepoR
99-157945 AGG RAVAT ED A SSAULT 09I2311999 14:52
Pnmary Repomng Offitec �ERALD E.lOHNSON Cocaaon ofinddentr
Primar� oSense deta�7:
Pnmary squad: � 90
Secondar� repoting ofhcer.
Dismct: WESTERN ( WEST.DIST/N.QFC )
SeconCary offense:
Name otlocaHon/6usiness:
Date S 6ma of occurence;
Afrest made?
Date 8 Sme of amest:
POUCE PEftSONNEL 1NVOLYED
Arrestmadeonview: NQ Parsuitertgaged: rJQ
Rrrest made on wanant or pravioos CN: (�JQ
Weapons used by police: (�}Q
Weaports used dy suspect at time of anesf: NO
Resrsia�ce encou�tered: NO
CHARGES
NONE
NAMES
OWNER ARNELIA ALLEN
1183 UNIVERSITY AV W STPAUL MN 55104
PhysicalDescripUon Phanes �
��
sex FEMALE Hergbt Ha�rcolor Home phone 651-642-5975 �`�
Race B�,qCK
Nispanic
D08
Age
Weight Ha'v Type -�
�
Budd Hai�Length � t
�
SWn Facia! Harr �l
�v
�
��
Physical Condkion Employment `� l
Consciousness CONSCIOUS Occupa6on OWNER
Drugla/coho/ use
FmWoyer SEIF
CRlME SCENE DESCRIPTORS
Crime Scene
ryPe
Descnpfion
Method & Point of Entry
Farce used NOT FORCED
Point al entry
Method
'ROPERTY
�
ONE � --"",. � �
� �--- - ,
( � /, Griil, Inc. d/b/a Arnellia's _
�
`�=1S.� f`` C C (� �7� City's Exh. # 3
,� .. Saint Paul Poiice Department °age 2
SUPPLEMENTAL OFFENSE / INCIDENT REPORT
Comp'aint Number Reference CN. Pnmary oBense ,
99-157945 AGGRAVATED ASSAULT
Date and 7ime of fteporf
09/23/1999 14: 52
VEHICLE INFORMATION
NONE
NARRATIVE
SQUAD 190, G,JOHNSON, WAS SENT Td 1�83 UNiVEftSiTY, ARNELtA'S BAR, TO
RECOVER THE TAPE FROM THE1R VIDEO CAMERA. THERE WAS A SHOOTlNG THERE
UNDER TNIS CN.
UPON ARRIVAL, I TRLKED TO THE OWNER HERSELF, ARNELIA ALLEN PH- 65'i-642-
5975. I EXPl1aINED TO HER THAT f WOULD LIKE TO COLLECT THE ViDEO CAMERA TAPE
FROM LAST NIGHT TO HELP IDENTIFY THE PEOPLE INVOLVED.
ARNELIA SAID SHE HEARD THERE HAD BEEN A SHOOTiNG IAST NIGHT BEHIND THE
BAR BUT THAT THERE WAS NO CAMERA THERE. I THEN ASKED WHERE SHE HAD
CAMERAS. SHE SAID THERE WERE CAMERAS LOCATED ON THE EASl' SIDE OF THE
BUILDING. 1 THEN SAiD THAT lT WAS POSSIB�E THAT ONE OF THE CAMERAS WOULD
HAVE RECOROED SOMETHING USEFUL IN IDENTIFYING SUSPECTS.
ARNE�IA THEN CALLED HER SON, LARRY ALLEN, PH 770-1477, AND TALKED TO HfM.
SHE THEN TOLD ME THAT LARftY SAID THEY DID NOT HAVE THE CAMERAS ON AND
TAPING LAS7 NIGHT.
i THEN WALKED OUTSIDE AND SAW ONE CAMERA ON THE SOUTH SfOE, WEST END
OF THE BUILDING, POINTED TOWARDS THE FRONT DOOR. I ALSO SAW TWO MORE
CAMERAS ON THE EAST SiDE OF THE BUILDING, ONE ON THE SOUTH END FACiNG IN A
NORTH- EASTERLY DIRECTING AND THE OTHER WAS QN THE NaRTH END FACING IN A
SOUTH-EASTERLY DIRECTION. THERE WAS ALSO A FOURTH CAMERA IN TriE BACK OF
THE BU1LQlNG, ON THE NQRTH WALL AND LOCATED NEAR THE EAST END OF THE
BUILDING. THIS CAMERA WAS P0INTED TOWARDS THE NORTH-WESTERLY DIRECTION.
PLEASE SEND A COPY TO THE ClTY LICENSING DIVISION
Please distribute to:
�CFiF _Hom
_Sex _D/C
_CO _Rptr
_Rob _1uv _Oper _PSC _Lab
_Burg _Theft _Prop _CAU _F&F
Vice Nazco SIU T&A Other
_Rec �Team
_Au[o _DAO
Saint Pau{ Police Department Page ,
_ _. ....
SUPPLEMENTAL OFFENSE / iNCIDENT REPORT
Comp'aint Number Reterenca C.N. Pnmary offense
Date and Time ot RepoR
99-157945 Agg. Assault ' 09/23/1999 20:44
Primary Repoi6ng Oihce� RICHARD .l MUNOZ
Primary otiense detad:
Pdmary squad: 719
Secondary raporting officer.
��+�� WESTEfttS ( CAPERS-HOMiCIDE )
Secondary oXense:
Locaffon ofincident
Name otfoca6aNbusiness:
Date & Sma of occurence:
Arresf made?
Date 8 6me of arrest
POLICE PERSONNEL iNVOLVED
Arresf made on view: NO
A�rest made on warrant or pievious GN: NO
Pursud engaged: pf Q
Resrstance encauntered.' NO
Weapons used by poGce: NO
Weapons used by suspect at tlme of a�rest NO
CHARGES
NONE
NAMES
NONE
CRIME SCENE �ESCRIPTORS
Crime Scene
Ty�
Descdption
PROPERTY
NOlVE
VEHICLE 1NFORMATiON
NONE
Method 8 Polni of EMry
Porce used NOT FORCED
Paint ot entry
Method
0
NARRATIVE
4, Sergeant Munoz, was assig�ed to investigate this incident. On September 23, '19999 at '1815 hrs. I
went to Amellia's Bar to see if there was a video taQe to recover from the time of this incident. When f
arrives at the bar 1 first observed a group ofi 6-7 biack males hanging in the parking lot. After i parked
and got out and approached the front door there only remained 5 btaCk maies stilt hanging in the tot. I
asked the group ifi any of them worked at the bar and they said no. I then walked to the front door was
was the� toid by one ofi the male that he did work for the bar. f then went into the bar and met the
owner Ameliia. 1 explained to her that I was investigating the incident that had occurced the night before
at closing. 1 asked AmeUia if any officers had been there Yo recover her video security tape and she
said yes. She expiained to me that she didn't have a tape to give the officer because ths camera in the �
�
C.
��
��
? .s
, x
.W
U y
H 'yia
�U
�
Saint Paui Poiice Department Page 2
SUPPLEMENTAL OFFENSE / INCIDENT REP4RT
Comqaint Number Relerance C.N. Primary ottense � Dafe and Time ot Report
99-157945 Agg. Assault 09/23/1999 20:04
rear was broken and wasn't working. I asked if any of the cameras were wor(vng and if she had a tape
in the recorder and she said no. She then showed me a video tape and toid me it was full and that the
recoder wasn't on. I then explained to Ameflia that there was a group of people hanging in the parking
lot and she told me that one of them was working for fier.
Ptease distribute Yo:
_CHF _Hom
_Sex _D!C
_CO _Rptr
_Rob _Juv _Oper _PSC _L.ab _Rec _Team
` Butg _TheR _Prop _CAU _F&F _Auco _DAO
Vice Nazco SIU T&A Other
Saint Paul Police Department Page 3
_ _ SUPPLEMENTAL OFFENSE i 1NCIDENT REPORT
Gamp/aint Number Refe2nca C.N. Pnmar/ oflense Date and Time of Report
99-157945 Agg. Assauft ' 09>23/1999 20:04
P4ease distribute to:
_CHF _Hom
_Sex _D/C
_CO _Rpts
_Rob ^ Juv _Oper _PSC _Lab _Rec _Team
_Burg �Thefr _Prop _CAU _F&F _Auto _DAO
Vice Nazco SIU T&A Qther
OFFICF ' TE� CIT�,' ATTORNEY
Claymrs M. ..obinson, Js., City Attorney
CITY OF SA1NT' PAUL
Norm Caleman, Mayor
Civil Divisinn
400 Ciry Ha71
I S St�est Kellogg Blvd
Saint Paul, �Llinnesota 55102
Telephone: 657 266-8710
Facsimile: 651298-5619
September 30, 1999
NOTICE OF VIOLATION
Amellia Allen
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Baz & Griil, Inc. d/b/a Arnellia's
for the premises at 1183 University Avenue
License ID #: 54523
Dear Ms. Al1en:
The Director of the Office of License, Inspections and Environmental Protection has
recommended adverse action against all licenses held by Metro Bar & Grill d/b/a Amellia's for
the premises at 1183 University Avenue. The basis for the recommendation is as follows:
On September 23,1999 there was a shooting outside of
Arnellia's, near the alley on the west side of the building. Saint
Paul palice officers went to the bar later that day to recover
tapes from the video surveillance cameras to assist the police in
idenfifying the suspects in the shooting. Officer Johnson was
informed by the owner that there was no camera near the area
in question. When asked if police could review the other
camera tapes, the owner stated that the cameras were not
taping at the time of the incident. There is a condition on the
licenses that the License holder must maintain "in good
working order at least four video surveillance cameras on the
exterior of the buiiding to constantly monitor the exterior of
the premises. Tapes must be maintained for 7 days." Failure
to have the video cameras on and taping on September 23,
1999 is a violation of the condifion.
� �
Grill, Inc. d/b/a Arnellia's _
City's Exh. # 5
Page 2
Ameilia Allen
September 30, 1999
If you do not dispute the above facts piease send me a letter with a statement to that effect. The
matter wi11 then be scheduled for a hearing before the St. Paui City Council to detemune what
penalty, if any, to impose. You will have an opportunity to appeaz and speak on your own
behalf, or to have someone appeaz theze for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing
before an Administrative Law Judge (AL3}. If you wish to have such a hearing, please send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," 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 Monday, October 11, 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 St. Paul Cify CounciL '
Tf you have any questions, feel free to call me or have your attorney call me at 26b-8710.
Sincerely,
` �/��cFJ. J��,"c���-uch
Virginia D. Palmer
Assistant City Attorney
cc: Robert Kessler, DirecYOr, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Ozgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATE OF MIPNES0IA )
) ss.
COUNTY OF RAMSEV
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on October l, 1999, she served the attached NOTICE OF
VIOZ,ATION on the following named person by placing a true and
correct copy thereof in an envelope addressed as follows:
Arnellia Al1en
Arnellia`s
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn
this 1s�� of
�'
/ .0 I ti �� '�/��.
to before me
■ .- ��
� ��r.�.
6122653844
5aint Paul Police Department
P.az�e3
Page t
_ SUPPLEMENTAL OFFENSE / fNC1DENT REPORT
Comp(eint Numbe/ Relslence C.N. • Pdmary oflanse Date and T/me afReport
99- investigation of Deatb '1 i/08/1999 11:13
PAmary ReperCng Officer. �K C KEMPE
Pdmery o9ense defa8;
Pnmarysquad: 715
Secontlery repwt/ng olfic�r.
�� WESTERN ( CApERS-HOMICIOE )
SeCOr�Cery of/ense:
Locaaon of/nrJdanL
tJame olloc&UaNOUSiness
Date 8 tlme of accumncs:
Arrest madel
Date 8 Sme of a,resY.•
POLICE PERSDNNEL IN110LVED �
AneSt an HeW: {�JQ
MestmadeonwenanCOipiuNousCN.' NO
Weepons usad by po6ce: � p
Weaporrsused6ysuspectatHmeofertasr. NO
Pursuitengaged: NO
Resishanee antountered: NO
CHARGES ��
NONE
NAMES � �
NONE
CRiME SCENE DESCRlPTORS ��
Crima Scene
Typa
Descrip6an
Method & Polnt oJ EnUy
Force used {�OT FORCED
Poln[ ofentry
MeMOd
PROPERTY
NONE
VENICIE INFaRMAT10N
NONE
NaR�zanvE
On 10-7-98, a shoft time after the incident occurred, Off. Arnoid obtained from Arneilia's a video tape
af severai areas outside of fhe buiiding. The tape is supposad to be a reCOrding of events
+'ecorded on 11-7-99. This tape was then given to Sgt. Younghans. Severa{ members of the
Nomicide Unit, induding myself, watched the tape and agree there is a large portion of events not
recorded on the tape. lt appears tfie security cameras were not on during the incident in which Mr.
Fariey was kiiled, but were tumed on immediately aftervvards.
The tape monitors three areas outside the Amellia's buiiding; the front door, the back door and
parking area to the east of tfie buiiding. The screen is divided into fourths, but one section (upper
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NOV-09-1999 14�04 S7. PAUL PDLICE 99i P•02
N011-09-1999 14�08 6122653844 P.03/03
Saint Paui Palice Department P� z
SUPPLEMENTAL OFFENSE i INCIDENT REPORT
CartrplaintNam6er Reference C.N. Pnmery oilanse Date antl Time otRepod
99-167fi33 { nvesfs g ation of Death 11t08 11:13
left) is btank The lower left side of the sueen is the front door area of Amellia's. ft also includes '
University Avenue east of Amelfia's frorrt door. The fower right portion of the screen is the back
door area with a large dumpster and parking spots. The upper right screen is the east parking. The
dates and times racorded onto the tapa do not make any sense, the tape begins with�the date of
10�0-89 at �70o hours.
The tape continues on the date of 10-30.89 to 0850 untiN there is cSearly a break in the sequence of
events. The tape counter dispiayed on the screen jumps to 11-7-89 with a time of 12�'I:42 and
after a shoR time, shows severaf squad cars arriving on University Avg to the easi of the front door.
in addition to Ehe sudden jump in the dates of the tape counter, tha items bei�g viewed in the
specific surveiffance areas also change abruptiy. The foilowing scenes are on the tape at � 0-30-89,
at 0850:50 just prior to the break in sequence:
- 7he front door area of Ameilia's is empty with no peopie around.
- The back door area shows a large van parked facing south and a 2 door sedan parked on the
west side of the dumpster.
- The eas# side parking shows thres vehiclss, a smal! sedan facing east, a mini van faeing east
and an SUV type vehicle parked facing west
The tape then has a clear break in sequence to 11-7-89 ai 1211:42, and fhe following changes
have occurred in the tape:
- Tnere is a large crowd of people near the front door of Ameflia's and people continue to exit fhe
bui(ding. Squad cars then arrive on University Ave. and stop to the east of the front door.
- The rear of the building shows a white car pariced on ffie east side of the dumpster and a large
van par4ced facing noRh.
- The east parking shows a white convertible facing west and a van facing easf,
Please distribute ta:
_CNF _Hom
_Seac _D/C
_CO ,_Rptr
NOU-�9-1999 14�04
_Rab _Juv _Oper _PSC
�Burg _TheR _Prap _CAU
Vice Narco SN T&A
ST. PAUL POLICE 99�
Lab Rec T�am
F&F Auto DAO
Other
T07AL P.03
P.03
I� � l '
October 29, 1999
Robert Kessler, Director
License, Inspections and Environmental Protection
300 Lowry Professional Building
350 Saint Peter Street
Saint Paul MN 55102
Dear Mr Kessler:
In light of the recent incident Arneilia"s stafF have met with interested community
leaders and formulated the fol4owing as a means to deal with some issues:
• We have ordered signs for the property, " No Trespassing - Violators will be
prosecuted" and "Private property - No loitering". Signs will be delivered on
Wednesday, November 3 and in place by Thursday, November 4, 1999.
• We are pricing Halogen lighting fiorArnellia's parking lot, on the buifding on the �
West side, to face the Antiques Minnesota lot and at the rear of our building
expect to have this work completed within the next 2- 3 weeks.
• We wil{ put additionai informatior on our ca{endar regarding the strict dress
enforcement.
We
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• Our VCR was in need of repair and is now in proper working order. Tapes are
placed each day. We are using two sets of tapes and keeping them 4or a week
before we tape over them.
• We are in the process of looking at other promotional ideas that do not appeal to
younger audiences on Wednesday and Thursday nights.
• We have increased our diligence in making sure that patrons that have been
barred from the establishment do not enter.
• We wili continue to work with the interested citizens "The "Just Stop �t" Non-
Violence Campaign" to make these and other items are carried out
We welcome any other suggestions that may be forth coming to improve conditions for
AmelOa's On-The-Avenue • New gathering spot tor foad, ddrdc, musk and hospitaBty • 1183 University Ave. W., St. Pauf, MN. SS10d •(672) 642-597E
our neighbors, patrons and employees.
Sincerely,
. l��
Amellia Allen
Owner
cc: Mayor Norm Coleman
City Council members
Chief W(liam K Finney
Commander Dan Carlson
The "Just Stop IY'
Tyrone Terrell
Biily Collins
Johnny Howard
DonEsther Morris
Rev Devin Miiler
Non-Violence Campaign
OFFICF 'F � CITY ATTORNEY
Cltry[on a ,binson, J>., Ciry Attorney
CITY OF SAINT PAUL
Norm Co(eman, .4f¢yor
Civil Drvisian
400 Ciry Hall
15 West Kellagg Blvd
Saint P¢u(, .Ninnzsota S51 D2
Telephone: b5! 26b-87f0
Facsimile: 657 298-5619
November iQ, 1999
NOTICE OP SECQND VIOLATIQN
Arnallia Alien
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Bar & Grill, Inc. dlbla Amellia's
for the premises at 11$3 University Ave. in St. Paul
License ID #: 54523
Deaz Ms. Ailen:
The Director of the Office of License, Inspections and Environmental Protection has
recommended adverse action against all licenses held by Metro Bar & Grill d/bla Amellia's for
the premises at 1183 University Avenue. The basis for the recommendation is as follows:
On October 7,1999 there were shots fired outside of Arnellia's,
and an individnal was run down in the parking lot and killed.
Saint Paul police officers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. Several members of the homicide Unit watched the
tape provided, and it was apparent that a large portion of #he
events from Qctober 7,1499 are not on the tape. It appears
that the security cameras were not activated until after the
incident in which the person was killed, as the first thing from
the date in question is the arrival of the squads cailed to
investigate. Additionally, the times and dates on the tapes
make no sense, and the items being viewed in the specific
surveillance areas covered by the various cameras shift
abrugtly. There is a condition on the licenses that the License
holder must maintain "in good worl:ing order at least four
video surveillance cameras ofl the exterior of fhe building to
constantly monitor the esterior of the premises. Tapes must be
maintained for 7 days." Failure to have the vidpo cameras on
and taping at all times on October 7,1999 is a violation of the
condition.
� �
Grill, Inc. dlt�la Arnellia's
— City's Exh. # 4 -"
Page 2
Amellia Allen
November 10, 1999
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 heaiing before the St. Paul City Council to determine what
penalty, if any, to unpose. You wi11 have an opportunity to. appeaz and speak on your own
behalf, or to have someone appear there for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing
before an Administrative Law 7udge (AL�. If you wish to have such a hearing, please send me a
letter stating that you aze contestin; the facts. You will then be sent a"Notice of Hearing," so
you wiil know when and where to appear, and what the basis for the hearing wiil be.
In either case, please let me kno�v in writing no late than Monday, November 22,1999, how
you wouid 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 St. Paul City Council. �
If you have ang questions, feel free to ca11 me or have your attorney call me at 266-8710.
Sincerely,
� � � ��
��-
Virginia A. Palmer
Assistant City Attorney
cc: Mark Vaught, Suite 700, Six West Fifth St., St. Faul, MN 55102
Robert Kessler, Airector, LIEP
Christina Rozek, LIEP
Cathy Lue, Community Orgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATS OF MINNESOTA
COUNTY OF RA1`iIS&Y
ss. AFFIDAVIT OF SERVICE BY MA2L
JOANNE G. CLEMEI�TS, being first duly sworn, deposes and says
that on November 10, 1999, she served the attached NOTICE OF
SECOND VIOT�ATION on the following named person by placing a true
and correct copy thereof in an envelope addressed as follows:
Arnellia Allen
Arnellia' s
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of
same, with postage prepaid, in the
Minnesota.
Subscribed and sworn to before me
this lOth dav of Novembe�, 1999.
� l� r %vw�-> I/
Notar Public ERP.PANGBORN
Y - NOTAflYPUBLIC-MINNESCTA
` My Cqmm. Exp¢es Jan. �t, 2000
said person) and depositing the
OFF2Cz'—Oc THE CITY ATTORNEY
ClaytOn. .abirtson, Jr., CrlyAttprney
CITY OF SAINT PAUL
Norne Coleman, Mayar
Civi1 DiviSian
a00 Crry Hall
I S {f'ut Ketloeg B(vd
Sain[ P¢ul, blinxuofa Si703
I'eLephone: 65I 166-8710
Facsimil e: 651398-3619
December 15, 1499
NOTICE OF HEARING
Arnellia Allen
Ameilia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Bar & Grill, Inc. dJbJa Arnellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Dear Ms. Allen:
Please take notice that a hearing wi11 be held at the foilowing time, date and place concerning all
licenses for the premises stated above:
Aate: Wednesday, January 26, 1999
Time: 9:30 a.m.
PIace: Room 41
Saint Paul City Hall
15 West Kellogg Boulevard
5aint Paul, Minnesofa 55102
The hearing will be presided over by an Administrative Law Jud�e from the State of Minnesota
Office of Administrative Hearings:
Name: Phyllis A. Reha
Office of Administrative Hearings
100 Washington Square, Suite 1100
Minneapolis, MN. 55401
Telephone: (612) 341-7602
� �
Griil, Inc. d/b!a Amellia's
— City's Exh. # 10 —
1'he Council of the City of .. _�nt Pau1 has the authority to provide for nearings conceming licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicatin� and non-
into�cating laquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse
action may include revocation, suspension, fines and oEher penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action atrainst all the ticenses you
hold at the above premises as foilows: �
On September23,1449 fherezvas a shooting outside ofArnellia's,
near the aIley on the Fvest side of the building. Saint Paul police
officers went to the bar later that day to recover tapes from the
video surveillance camerAS to assist the police in identifying the
suspects in the shooting. Officer 3ohnson �vas informed by the
o�vner that there was no camera near the area in question. When
asked i£ police could review the other camera tapes, the o�vner
stated that the cameras �vere not taping at the time of the
incident. There is a condition on the licenses that the License
holder must maintain "in good �vorl:ing order at least four video
surveillance cameras on the exterior of the buiiding to constantly
monitor the exterior of the premises. Tapes must be maintained
for 7 days." Failure to have the video cameras on and faping on
September 23, 1999 is a violation of the condit3on.
On Octoher 7, 1999 there tivere shots t'ired outside of Arnellia's,
and an individual was run down in the parking lot and l:illed.
Saint Paul poiice officers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. 3everal members of the homic3de UnitFVatched the tape
provided, and it was apparent that a large porfion of the events
from October 7, 1999 are not on the tape. It appears that the
security cameras were not activated until after the incident in
which the person was killed, as the first thing from the date in
question is the arrival of the squads called to inl�estigate.
Additionally, the times and dates on the tapes make no sense, and
the items being vie�ved in the specific surveilIance areas covered
by thevarious cameras shift abruptiy. There is a condition on the
licenses that the License holder must maintain "in good vvorking
order at least four video sun�eiilance cameras on the e�terior of
the building to constantly monitor the esterior of the premises.
Tapes musY be maintained for 7 days." k'aiture to have the video
cameras on and taping aC all times on October 7, 1999 is a
violatian of the condition.
Notice of Hearing - Page 2
You have the right to be L,.,,resented by an attomey before and du�.,�� the hearing, 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 hearin� will be conducted in accordance with the r�quirements of �riinnesota Statutes sections
14.57 to 14.62 and such parts of the procedures under section 310.0� of the Saint Paul Legislative
Code as may be apglicable.
At the hearing, the Administrative La�v Judae will have all parties identify themsel"ves £or the record.
The City wi11 then present its witnesses and evidence, each of whom the licensee or attorney may
cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may �vish to
present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may
in addition hear relevant and material testimony from persons not presentzd as �vitnesses by either
party who have a substantial interest in the outcome of the proceeding; for e;cample, the o�vners 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 heazing, the Judge will prepaze Findin�s of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council,
You should bring to the hearing all documents, records and witnesses }�ou will or may need to
support your position. Subpoenas may be availabie to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Ru1es, part 14Q0.700Q.
If you think that this matter can be resolved or settled �vithout a formal hear]na, please contact or
have your attorney contact the undersigned. If a stipulation or a�reement 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.
If you faii to appeaz at the heazin�, your ability to challenge the aliegations wiil be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as true. 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.
If you have any questions, you can cail me at 266-8710.
Very truly yours,
� j \ � � n
_i'L�.L�u.�'ti LJ �GL�Y�x..��
Virginia TJ Palmer
Assistant City Attomey
cc: Mark Vaught, Suite 7Q0, Six West Fifth St. St. Paul, �T 55102
Nancy Thomas, Office of Administrative Hearings, 1 QO Washinoton Square, Suite 170Q,
Mpls, NIN SS401
Notice of Hearing - Page 3
Nancy Anderson, [�sistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Or�anizer, Hamline Midway Coalition, l�64 Lafond Ave., St. Paul,
MN 55104 •
Notice of Hearing - Page 4
STATE OF MID7N
C�UNTY OF RAMS&Y
ss.
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on December 15, 1999, she served the attached NOTICE OF
HEARING on the following named person by placing a true and correct
copy thereof in an envelope addressed as follows:
Arnellia A11en
Arnellia`s
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of
same, with postage prepaid, in the
Minnesota.
on) and depositing the
Sta es mails at St. Paul,
G
Subscribed and sworn to before me
this 15 day of Decey�er, 1999.
PE7ER P. PANGBORN
NOSARY PUBLiC- MINVESOTA
fy CAmm. E<prtes 3an. 31. 20G
;
OR�GI�AL
Presented By
Referred To
RESOLUTION
CITY OF SAINT P.
Council File # bp � C �5'
Green Sheet j ��� y�
Date
��
1 RESOLVED, that the licenses held by Metro Bar & Grill, Inc. d/b/a Amellia's for the
2 premises at 1183 University Avenue in Saint Paul (License ID# 54523} are hereby suspended
3 for a period of foriy-five days, fifteen of the days to be stayed, for the violations occurring on
4 September 23, 1999 and October 8, 1999 of the condition on the licenses requiring that there be
5 video surveillance cameras operating on the exterior of the building and that tapes be maintained
6 for seven days. The suspension shall begin on the third Wednesday following passage and
7 approval of this resolution
9 FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the
10 ALJ Report in this case dated May 3, 2000 are adopted as the written findings and conclusions of
11 the Council in this matter, except as amended below. The reasoning of the Memorandum of the
12
13
14
15
16
17
18
19
ALJ attached to the findings and conclusions is not adopted. The recommendation of the ALJ for
dismissal of the adverse action against the licenses is also not accepted.
FURTHER RESOLVED, that the following amendments to the ALJ Report are hereby
adopted:
1. Finding of Fact No. 3 is hereby amended to read as follows:
1 - -- - -- - - - --- - - - --- -
:,a.:,.�::�,�:..:.�...-.�_:.: - - - - - - -- -
24
25
26
. Conditions have been
27 holder. the nei�hbors, the police and LIEP, and have been desioned
28 to deal with problems caused bv patrons of Amellia's. These
29 restrictions include imposing a dress code on customers, requiring
30 picture identification, banning individuals from the premises,
31 screening music played on the premises for inappropriate content,
32 using a metal detector to exclude weapons from the premises, and
33 providing security to ensure orderly behavior on the premises."
34
35
36
37
38
2. Finding of Fact No. 5 is hereby amended to read as follows:
"5. After agreeing to the condirions regarding the video
I•1
1 surveillance system, a manager at Amellia's developed a system to
2 be followed for tapin�. The first tape of the day would be started
3 when the establishment was opened for business, azound noon each
4 day. When that tape ran out, another employee inserted the second
5 tape. That tape would record until after closing. Tapes were kept
6 for a week and then reused for taping. Larry Allen testified that the
7 ta�es were not always started risht at openina, and that there was
8 no one empl'ovee responsible for insuring that the tape was
9 o�eratin�."
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
�
5.
Finding of Fact No. 6 is hereby amended to read as follows:
"6. In August, 1999, Amellia Allen discovered that one of the four
surveillance cameras was not working properly. The camera
operated properly in daylight, but did not return a clear image at
night. The contractor who initially installed the system, Earl Allen,
was contacted in eazly August, and he examined the system
approximately one week later. The contractor concluded that a new
camera was required and it was ordered from the manufacturer in
California. 7erry Allen paid the contractor to order the camera on
August 13, 1999. The date that the camera was ordered by the
contractor is unknown. The failure to have this fourth camera in
workin2 order was not listed as a basis for adverse action."
Finding of Fact No. 7 is hereby amended to read as follows:
"7. The camera was delivered to Amellia's in early September.
The conuactor was notified that the camera had arrived. The
camera had sti]1 not been installed bv the October 7. 1999 date, and
testimony bv Jerry Allen at the hearine was that he did no follow-
up to see what the delav was in installina the camera."
Findin� of Fact No. 8 is hereby amended to read as follows:
38 "8. On September 23, 1999, a shooting incident occurred in the
39 alley behind Aruellia's. Testimony bv the�olice established that
40 the particioants had been oatrons of Amellia's eazlier in the
41 evenine. Sergeant Munoz of the Saint Paul Police Department
42 went to Arnellia's to obtain the videotape of the imagery captured
43 by the video surveillance camera. Ser�eant Munoz was informed
44 that there was no tape available for that evening. Larry Allen had
45 forgotten to put the second tape in that day."
46
47
48
Finding of Fact No. 12 is hereby amended to read as follows:
49 "12. Neaz midnight on October 7, 1999, an altercation began
50 between patrons in Arnellia's. Those part3cipating in the
51 altercation were removed from the premises. The dispute
bo -S$,S
1 continued outside and someone fired shots. A car struck and killed
2 a pedestrian in the pazking lot of the estabfishment, and the body
3 was drag�ed into the middle of University Avenue at that time. A
4 large number of officers of the Saint Paul Police Department
5 responded to the scene."
6
7
9 7. Conclusion of Law No. 5 is hereby amended to read as follows:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"5. The Licensee is �
' .in
violation of the condition on its license relatin� to maintaining
tapes from the video surveillance cameras on both September 23,
1999 when no t�e was inserted and on October 7, 1999. when the
tape was not operated until after the police had been called. �ke
> > •
��
00 -SS.S
8. Conclusion of Law No. 6 is deleted and a new Conclusion of Law No. 6 is adopted
to read as follows::
� �" �
29
30
31
32
33
34
35
36
37
"6. The short time between the two violations, and the fact that
the second violation was within a week of Licensee beinQ notified
that LIEP would be takina adverse action based upon the first
violation reflect that the Licensee was not making serious efforts to
comply with the condition."
9. Conclusion of Law No. 7 is hereby amended to read as follows:
38
39 "7. There is �a a basis for taking adverse acrion against the
40 Licensee under See�iaris � 310.06(b)(5) °-'���^�o of the Saint
41 Paul Legislative Code for
42 sysfem- {ailure to com�lv with the condition on the license
43 requiring that video surveillance cameras be maintained in eood
44 workin� arder and that tapes from the cameras be maintained for
45 seven davs."
46
47
48 This Resolution is based on the record of the proceedings before the ALJ, including the
49 hearing on January 26, 2000, the documents and exhibits introduced therein, the findings of fact
50 and conclusions of law of the AL7 as referenced above, the written submissions by counsel for
51 the parties, and the azguments and statements of the parties and the deliberations of the Council
1 in open session on 7une 7, 2000.
2 ao �S$5
3 A copy of this Resolution, as adopted, shall be sent by first class mail to the
4 Administrative Law Judge, and to the Licensee's attomey, S. Mark Vaught. '
5
6 �
7
Requested by DepartmenC of:
sy:
Form Approved by City Attorney ,�
By: / ____y�°^^.�-C
Approved by Mayor for Submission to Council
HY � ' t '�� a ' j— � ' � � B y :
Approved by Mayor: Date L�YYG 1^7 r.pyQ
By !� ��C�2 \
Adopted by Council: Date e�� �Ob
Adoption Certified by Counci ecretary
oo-5gS
DEPARTMENT/OFFICFJC-0UNCiL GTE1NrtuTED
c�� June9 ,ZOOO GREEN SHEET No ���� -�"
� 266-8710 �""��`� �""""��'
u.ue,�m�row�cra, «n�w�ce
MUST 8E ON COUNCIL AGQJDA BY (DAl� '
AalIGN
7une14,2000 xu�rswrs ° "` T ` O° �'` �°
rto�rnxc
oxDVt w1MKJn� sFUUxcss ooL ❑ cNaNCU6 av,wuccrc
❑����,�.� a
TOTAL # OF SiGNATURE PAGES (CUP ALL LOCATiONS FOR SIGNATURE)
tON REQUESTm
Resolution finalizuig City Council action taken June 7, 2000, conceming adverse action against all licenses held
by Metro Bar & Grill, Inc., dba Arnellia's, 1183 Uzriversity Avenue.
R COMMENOATIONApprove(A)wRejeG(R) VERSONqLSERYICECONTRA4TSMUSTAMSWERTt4EF�LLOWIN6QUE5SION5:
1. Has this persoMrrm ever wnrked uMer a coMract tw this departmeM?
PL4NNING CAMMISSION YES NO
CIBCOMMITTEE 2. MasthispewoNfrmeverbemacityempbyee7
CIVILSERVICECOMMISSION rES No
3. Dces this persoruTi�m possess a sidll not normallyp�seE by arry cu�eM cM1y employee'1
YES NO
4. Is this pe'soNfirm a}argeted vendoR
YES NO
Fxplain all yea ansxeis on upa2te shee[ aM attach to preen sheet
INITWTING PROBLEM ISSUE.OPPORNNI7Y(Who, What, When, Where, Why)
AOVAN7AGES IF APPROVED
DISADVANTAGESIFAPPROVED
DISADVANTAGES IF NOT APPROVE�
70TAI. AMOUNT oF TRANSACTION f CO3T/REVENUE BUDGEfED (CIRCLE ONE� YES NO
FUNOING SOURCE ACTNIIY NUMBER
FlNANCWLINFORMAiION(IXPWN) ��R1�,"'�� 13y�!!���
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Andy Dawkins
State Representative
Minnesota
po-5��
Disirict 65A
Ramsey County
House of
Representatives
COMMITTEES: TAXES: CIVIL LAW; JOBS AND ECONOMIC DEVELOPMENT
June 1, 2000
To Whom It May Concern:
Re: Arnellia's Restaurant, 1183 University Avenue, St. Paul
I live at 788 Charles Avenue, several blocks from Amellia's Restaurant. I represent District 65A
in the Legjslature, which includes Arnellia's Restaurant. I often go doorknocking on Sherburne
Avenue just to the north of Arnellia's.
I understand that a decision will be made regarding suspension of Arnellia's license to operate.
would like to offer my opinion that Arnellia's has been responsibly owned and managed to the
best of their abilities. I would encourage that the decision not be to suspend their license.
Sincerely,
�� `#�K.��Z�S
Andy Dawkins
State Representative
788 Charles Avenue St. Paul Minnesota 55104 (651) 224-6270
Siate Office Building, 100 Constitution Ave., St. Paul, Minnesota 55155-�298 (657) 296-5�58
�f House Fa�c (657 ) 296-4165 TTY (651) 296-9896
�ij� E-mail: rep.andy.dawkins@house.leg.state.mn.us
CITY OF SAINT PAUL
Narm Ca[em¢n, M¢yo�
Apri120,2000
NOTICE OF COUNCIL HEARING
Mr. S. Mazk Vaught
Attorney at Law
Six West Fifth Street, Suite 700
Saint Paul, Minnesota 55102
RE: Alllicenses held by Metro Bar & Grili, Inc. dlbla Arnellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Deaz Mr. Vaught:
SS
,�,� a � P ,
. .. ' �sv'
Please take notice that a hearing on the report of the Administrative Law 3udge concezning the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, May 10, 2000, in the
City Council Chambers, 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 azgument to the council at the
Heazing. 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 law in the exercise of its judgement and discretion.
Sincerely,
��� ,tita�j ��..
�c; ��
Virginia D. Palmer
Assistant City Attorney
ca Nancy Anderson, Assistant Council Secretary, 310 Ciry Hall
Robert Kessier, Director, LIEP
Christine Rozek, LIEP .
Cathy Lue, Community Organizer, Hamline Midway Coalition,
Paul, MN 55104
Cazoi Atkins, 633 N. Snelling Ave., St. Paui, MN 55104
OFFICE OF THE CITY ATTORNEY
Claytox M. Robinson, 7r., Ciry Attorney
80-5��
Civit Division
400 Ciry• Ha11 7eLephone: 651 266-87I0
ISWestKeIIoggB(vd Facrimile:651298-i619
Saint P¢ul, Minnuot¢ Si102
1564 Lafond Ave, St.
�c -S8S
9-2911-12640-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE GITY OF ST. PAUL
in the Matter of All Licenses Held by FINDINGS OF FACT,
Mefro Bar & Grill, Inc., d/b/a Arnefiia's, for CONCLUSIONS OF LAW
the Premises at 1183 University Avenue, AND RECOMMENDATION
Saint Paul, License 4.D. No. 54523.
The above-entifled mafter came on for hearing before Administrative Law Judge
Phyl(is A. Reha, acting as a hearing officer for the Saint Paul City Council, commencing
at 9:30 a.m. on VVednesday, January 26, 20��, a� tha Saint Paul City Hai!/Ramsey
County Courthouse, Room 41, 15 West Keliogg Bouievard, St. Pauf, Minnesota. The
hearing was held pursuant to a Notice of Hearing dated December 15, 1999.
Virginia D. Palmer, Assistant St. Pauf Cifij Attorney, 400 City Hall, 15 West
Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City's Office
of License, Inspections and Environmentai Protection (LIEP). S. Mark Vaught, Attorney
at Law, Six West Fifth Street, Suite 700, Saint Paul, M+nnesota 55102-1412, appeared
on behalf of the Licensee (hereinafter "Arnellia's" or "Licensee"). The record cfosed on
March 7, 2000, with the receipt of the last post-hearing submission.
NOTICE
This Report contains a recommendation and not a fina{ decision. The f+nal
decision wiil be made by the Saint Paul City Council, which may affirm, reject, or modify
the Findings and Conclusions contained herein. The Council will consider the evidence
in this case and the Administrative Law Judge's recommended Findings of Fact and
Conclusions, but wil{ not consider any factual testimony not pseviously submitted to and
considered by the Administrative Law Judge. The Licensee wiif have an opportunity to
present oral or written arguments regarding its posifion on the recommendation of the
Administrative Law Judge in the application of the law or interpretation of the facts and
,;,ay presert a�y�ment related to its positi�n. The CounciPs decision as to what, if any,
adverse action shafi be taken wili be by resolution under § 310.05 of the St. Pauf
Legislative Code. To ascertain when the Council will consider this matter, the parties
shoufd contacf the Saint Paul City Council, Room 310, St. Paul City HaII/Ramsey
County Courthouse, 15 West Keflogg Boulevard, St. Paul, Minnesota 55102.
STATEMENT OF ISSUES
The issues in this matter are whether Licensee violated conditions on its license
by failing to maintain video survei(lance of the exterior of the licensed premises and
faiiing to record that imagery, and, if so, what penalty is appropriate.
Based upon ail of the files, records and proceedings herein, the Administrative
Law Judge (ALJ) makes the following:
Go-S8S
FiNDiNGS OF FACT
1. Metro Bar & Grill, 4nc. is a corporation doing business as Arnellia's at 1183
Universifij Avenue, Saint Paul, Minnesota 551�4. The corporation is owned by Arnellia
Allen. Arnellia's has an Entertainment (B) license, a Gambling Location (B) license, a
CigarettelTobacco license, and two Liquor On-Saie iicenses. Arneilia's licenses remain
valid pending the outcome of this proceeding. The business is owned by ArneNia A11en.
The manager is her son, Jerry Aflen. Jerry A41en's brother, Larry Allen,� is employed by
Amellia's to provide security.
2. Arnellia's is located directiy on Universify Avenue. To the west on that block
is Antiqiaes Minnesota. To the east side of Arnellia's +s a parking lot and fhe Midway
Car Wash. To the north side is an alley with some parking and a dumpster. Four
external video cameras have been in place on the building fior approximately six years.
One camera �rovides a view of the fran± d.00r on ±he south side ef the b�ilding, one
camera observes the north side around the back door of Arnellia's (near the dumpster),
and the ather two cameras provide difFerent angles of the parking lot on the east side of
the buifding. Signs posted on the build±ng state that video surveiilance is being
conducted. The video cameras send images to a monitor, which displays a picture for
each camera together on the same screen.
3. The area in the vicinity of Arnellia's is subject to frequent poiice calis and
significant leveis of crime. To address these neighborhood problems and prevent any
exacerbation of those probiems, Arnel4ia's operates its business under a number of
restrictions that have been in place for years.� These restrictions include imposing a
dress code on customers, requiring picture identification, banning individuafs from the
premises, screening music piayed on the premises for inappropriate content, using a
metai detector to exclude weapons form the premises, and providing security to ensure
orderiy behavior on the premises.
4. In May, 1999, a man was shot and killed whife in a car parked in front of the
Midway Car Wash. In response to that killing, management at Arnellia's met with the
Saint Paul Police, LlEP, and community representatives fo determine what additional
efforts could be made to address violent acts in the vicinity of Arnellia's. The Licensee
agreed to add taping equipment to its existing video surveil(ance system. This
additional condition became effective on Jufy 8, 1999 and states:
licensee holder will maintain in good working order at ieast 4 video
surveiflance cameras on the exterior of the building to constantly monitor
the exterior of the premises. Tapes must be maintained for 7 days 3
5. After agreeing to the conditions regarding fhe video survei(lance system, a
manager at Arne{fia's developed a system to be folfowed for taping. The first tape of the
' The entire list of restrictions, identifled as condikions on Arnellia's 4icense, is attached as Appendix A.
The fist of conditions includes the subsequently agreed-to conditions regarding the video cameras.
2 Midway Car Wash is focated at 1169 University Avenue.
3 Exhibit 2.
2
�6—Sg
day wouid be started when the establishment was opened for business, around noon
each day. When that tape ran out, another employee inserted the second.tape. That
tape would record until after closing. 7apes were kept for a week and then reused for
taping.
6. in August, 1999, Arnel(ia Ailen discovered that one of the four surveiflance
cameras was not working proper(y. The camera operated properiy in daylight, but did
not return a clear image at night ° The contractor who initialiy instailed the system, Earf
Allen, was contacted in early August, and he examined the system approximate{y one
week later. The confractor concluded that a new camera was required and it was
ordered from the manufacturer in California. Jerry Aiien paid the contractor to order the
camera on August 13, 1999. The date that the camera was ordered by the contractor is
unknown.
7. The camera was de�ivered to Arnel(ia's in eariy September. The contractor
was notified that the camera had arrived.
8. On September 23, 1999, a shooting incident occurred in the alley behind
Arneilia's. Sergeant Munoz of the Saint Pauf Police Department went to Arneliia's to
obtain the videotape of the imagery captured by the video survei{lance camera.
Sergeant Munoz was informed that there was no tape available for thaf evening. Larry
Alien had forgotten to put in fhe second tape on that day.
9. Arneflia's responded to the failure to tape by modifying its system of taping.
tonger duration videotape was purchased, the employees responsible for the system
were instructed to make certain that a tape was in the machine, and the system of
retaining videotapes was modified.
10. On September 30, 1999, the Saint Paui City Attorney's O�ce issued a
Notice of Violation to Arneilia's. The Notice indicafed that on September 23, 1999, the
Licensee failed to have its video cameras on and taping and that constitutes a violafion
of the video surveillance condition on Ameilia's license. No citation was made in the
Notice of Violation to what provision of the Saint Paul Legfslative Cade was alleged to
have been violated and no suggested penalty was indicated.
11. On October 7, 1999, Larry Allen was working the evening shifE at
Arnellia's. At about 8:00 p.m., Larry Aiien switched the videotape for the tape that had
been recording since Arnei4ia`s opsned that morning. When he activated the video
recorder, he inadvertentfy pressed the "play" buttbn rather than the "recard" buttan.
12. Near midnight on October 7, 1999, an altercation began betv��een patrons
in Arnellia's. Those participating in the altercation were removed firom the premises.
The dispute continued outside and someone fired shots. A car struck and killed a
° The image retumed by that camera at night would only show objects wifh their own iliumination, such as
automobile headlights and taillights.
5 Eari Ailen is no relatfon to Amellia AI4en, Jerry Al;en, or Lsrry Ailen. -
6 Exhibit 5.
�
�� _ S�S
pedestrian in the m+ddle of University Avenue at that time. A large number'of officers of
the Saint Paul Police Department responded to the scene.
13. Larry Alien had been observing the incidenf outside Arnellia's. He went in
to check on the v'sdeotape system and noficed for the first time that eveni�g thaf fhe
recorder had been set to piay, rather than record. He immediately stopped the tape and
began recording. An officer of fhe Saint Pauf Pofice Department entered a few minutes
later and requested the videotape. Larry Allen gave the officer fhe videotape.
14. in mid-October, the contractor returned to Arnellia's and instailed the new
camera. The instal(ation of fhe new camera allowed nighttime images from a second
angle in the parking lot to be recorded on the VCR.
15. As a resuit of the October 7 error in operating the VCR, Arnel�ia's again
modified how the videotaping system was to operate. A three-week rofation of
videotape was instituted. Each staff member at Arnelfia's was instructed to check the
operation of the VCR throughout the work shift. Any staff member observing anything
unusual about the monitor or VCR is instructed to report to the manager on duty.
16. On November 10, 1999, the Saint Paul City Attorney's Office issued a
Notice of Second Violation to the Licensee. The Notice stafed that on October 7, 1999,
Arnel{ia's failed to have its video cameras on and taping and that constitufes a viofation
ofi the video surveillance condition on Arnellia's license.' No citation was made in the
Notice of Violation to what provision of the Saint Paul Legisiative Code was alfeged to
have been violated and no suggested penalty was indicated.
17. On December 15, 1999, the Assistant City Attorney, Virginia D. Paimer,
issued a Notice of Hearin� in this matter. The Notice of Hearing identifed the hearing
date as January 26, 1999.
18. The misidentification of the date of the hearing in the notice of this matter
did not cause any confusion for Licensee. Licensee was not prevented from fully
participating in the hearing due fo the erroneous date.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIdNS
1. The Administrative Law Judge and the Saint Paul City Council have
authority to consider the charges against the respondent and the penalty, if any, that
should be paid the city pursuant to Sec. 310.05 of ths St. Pau{ L�egislative Code.
� Exhibit 9.
$ Exhibit 10.
0
o a _ s �s
2. LIEP has substantially compiied with ail relevant substanfive and procedurai
legai requirements.
3. The Licensee received adequate and�timely notice of the hearing and of fhe
charges against it.
4. LIEP has the burden of proof to establish, by a preponderance ofi the
evidence, that fhe respondent vio{ated the conditions of its licensure. •
5. The Licensee is in substantial compliance with the conditions of its license
through the instaliation and operation of a videotaping system attached to its video
surveillance cameras. The failure to record the images captured by the video
surveillance cameras outside the licensed premises on September 23 and October 7,
1999, was inadvertent by the Licensee.
6. The efforts made by the licensee to repair the malfunctioning camera
comp4ied with the conditios+ that four video cameras be "maintained in good working
order" outside the business premises.
7. There is no basis for taking adverse action against the Licensee under
Sections 310.06(b)(5) and 409.10 of the Saint Paul Legislative Code for the operation of
its video surveillance system.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
foliowing:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: That the Saint Paul City Council DISMISS the
action against the licenses heid by Metro Bar & Grill, lnc.
Dated this �-�day of Aprii, 2000
��� � � ��-
; ,:,. . �
PHYLLI A. REHA �" '
Administrative Law Judge
Reported: Taped, three tapes
MEMORANDUM
Three incidents of violence are the motivation for bringing this action against the
Licensee. A killing in May, occurring in front of the business next door; a shooting in
September, occurring in the alley behind the business; and a shooting in Ocfober,
5
pa — S,�s
resulting in a pedestrian being struck by a car and kilied. There is no evidence in the
record of this matter that any of these incidents took place on the licensed premises.
in response to the May kiliing, the conditions under which Arnellia's operates
were reconsidered. Conditions regarding video sunreillance were added. The fanguage
of the new condition itself is ambiguous, since fhaf language does not expressly require
that the imagery captured by the exterior video surveillance cameras be recorded.
There is no dispute, however, that bofh L1EP and Arneilia's understood the condition to
require the addifion of a VCR and recording the imagery from those cameras.
The record in this matter is clear that Arnellia's implemented the new requirement
consistent with its agreement. At first, tapes of six and eight hours in duration were
used to cover the fourteen hours per day that Arnellia's is open. After a period of trial
and error, Arnellia's discovered that additional time was needed to ensure that the
videotaping covered the entire time the establishment was open. Arneilia's then
switched to two eight-hour tapes per day. During this period stafF discovered, aiso by
trial and error, that the extended piay option must be selected to ensure that the eight-
hour tape covers ali eight hours." No one at Arnefiia's was able to set ihe date and
time feature on the VCR.
The second act of violence near Arnellia's was a shooting that took place in fhe
alley behind the building on September 23, 1999. The victim in that incident was struck
in the foof. The Saint Paul Police sought the videatape from that evening to assist in
their investigation of the incident. There was no tape from that evening, since Larry
Alien had forgotten to put a tape in the VCR. Arnelfia's responded to the error by
reviewing the system that had been established for videotaping, adjusting that system to
ensure that the VCR was being activated at the appropriate times, and reminding the
responsibfe empfoyees that the taping was a requirement.
The third act of violence occurred on October 7, 1999. At approx+mately 8:00
p.m. on that date, Larry Allen changed the videotape in the VCR for the evening. He
inadvertently pressed the wrong button on the VCR after inserting the new tape.
Around midnight, an alfercation started in Arneilia's. in accordancs with the
establishmenYs policy, the participants were ejected from Arnefiia's. Those persons
continued their dispute outside and shots were fired. A car then struck a pedestrian in
University Avenue and that pedestriar� was killed.
After seeing the events outside, Larry Allen went to check on the VCR. At that
time he discovered that it was in "play" mode, rather fhan "record" mode. He
immediately began recording. At the hearing in this matter, Larry Alien acknowledged
his mistake.
LIEP maintains that violation of any condition is sufficient to take adverse action
against Arnellia's license. The serious consequences on September 23 and October 7
are asserted to be justification for a penalty of sixty days suspension. Arnellia's points
9 Several witnesses suggested that the automobile striking the pedestrian was exiting Arne4lia's parking
lot.
10 While Condition 11 states that the cameras must monitor the exterior continuously, both Arnellia's and
LfEP understood the taping requirement to be only during business hours.
" The ofher option, standard piay, provides better video qua(ity but much sho�ter duration.
�
Do — S8S
out fhat there is no evidence that any videotape from either evening would have
prevented the incidents or materially aided the Saint Paul Police in their subsequent
investigations. �
Section 310.06(b)(5) authorizes adverse action be taken against a licensee when
the licensee fails to comply with any condition of ths license. Section 409.10 sets out
the standards to apply in adding conditions to licenses as follows:
Sec. 4�9.1a. Restrictions on ticenses.
When a reasonable basis is found by the council to impose reasonable
restrictions upon a licsnse held under this chapter, the councif, upon
issuing a new license or renewing a license or approving a transfer of a
license, may impose reasonable conciitions and restrictions pertaining to
the manner and circumsfances in which the business shall be conducted
to preserve ihe pub(ic peace and protect and promote good order and
security. These reasonable conditions or restrictions may pertain to:
(1) A limifation as to the hours when intoxicating liquor may be sold and/or
consumed on the licensed premises;
(2) A limitation and restriction as to the exact iocation within a building
where intoxicating {iquor wiii be served andlor sold andlor consumed;
(3) A limitation and restriction as to the means of ingress to or egress from
the iicensed estabiishment;
(4) A requirement that certain off-street parking facilities be provided;
(5) A condition that the license wili be in effect only so long as the
estabfishment remains a drugstore, restaurant or hotei as defined by the
state liquos act or regulations adopted pursua�t thereto;
(6) A limitation and restriction as to the means and methods of advertising
the safe of intoxicating liquor on fhe buiiding andlor on the premises
adjacent thereto;
(7) Reasonable conditions limiting the operation of the licensed premises
so as to ensure that the licensed business wifl comport with the character
of the district in which it is located and/or to the end that nuisances will be
prevented;and
(8) Addifionaf condifions upon hotels and restaurants which may in the
discretion of the ccuncil tend to insure that the sale of liquor will iake piace
only in conjunction with the saie and service of fiood.
The one repeated standard throughouf the section is that any condition imposed
on a ficensee must be "reasonabie". 7he condition at issue in this matter falis under
item 7, which is the imposition of "reasonable conditions limiting the aperation of the
licensed premises ... fo the end that nuisances will be prevented."' Rdverse action can
certainly be taken against a licensee for any unreasonabie fiailure to meet a condition
12 Saint Pau! Legislative Code Sec. 4�9.10.
7
�� - cS3"S
requiring videofaping. Conversely, where a licensee has a reasonable excuse for that
failure, adverse acfion is inappropriate.
{n each instance where the videotaping system was fiound to be faulty, action
was taken by Arnellia's to improve fhe system. VCRs are not "fool-proof' technoiogy,
and gaps in recording are inevitable. The Licensee has demonstrated substantial
compliance with the {icense condition and the two instances of noncompiiance were
inadvertent. The degree of ongoing compliance is demonstsated by the ofher material
on the tape provided to the Saint Paui Poiice Department on October 7, 1999.
LIEP asserts that violations of the license condition are established by the failure
of Amellia's to ensure that the correct date and iime are imprinted on the recording.
There is no such requirement in the conditions estab{ished for ArneNia's. Adverse
action cannot be taken against the Licensee for faifing to properly set the date and time
of the VCR, absent some undersfanding tha± such cond�ct is required.�
Having one video camera malfunction is also cited by LIEP as a violation of the
license condition. The ob4igation in the license condifion to "maintain in good working
order" four video surveiliance cameras assumes thaf the technology will periodically
maifunction and need to be fixed. The measure of compliance is not whether any of the
cameras are broken, but whether prompt action +s taken to repair them. In this matter,
the Licensee was prompt and a contractor was dilatory. The Licensee met the
requirement that the video surveillance system be maintained.
"This standard of conduct is reflected in other Iicense actions invo(ving entertainment establishments.
For example, in assessing whether adverse action was appropriate where female dancers "went topless"
without a bar owners knowfedge, Administrative Law Judge Peter Erickson stated:
This case is not so much one where critical issues of fact must be determined, but rather one in which
the penalty must be appropriate to the violation. This case wouid be much different if, when Mr.
Jensen had seen that the dancers were topiess, he had immediately taken action, wfiether or
not successful, to curb the topiess activities. However, Mr. Jensen decided that he could do
nothing at that time and it was not until after O�cer Nohr became involved that Mr. Jensen put an end
to the topless behavior. Additionaffy, Mr. Jensen could have instructed his bouncers and other
employees regarding the law on nudify and told them to enforce the prohibition if any of the dancers
decided undress. Atthough Mr. Jensen was not aware that the show would be topless, he is not
btametess for the resulting nudity which continued until after Officer Nohr arrived. However,
Mr. Jensen's good faith efforts to ensura that the show would not be topless before ever
pooking it shou4d be give� great weight.
Cify of Coleraine v. Hariey Jensen, dfb/a Harley's Hui 1I, OAH Docket No. 4-2101-5430-6
(Recommendation issued Aprii 23, 1991)(emphasis added).
14 The time stamp on the tape provided is October 30, 1989, and that tape-records the entire evening's
events outside of Arnellia's. With the rotation of tapes described by Arnellia's, the ne� time stamp that
wouid 6e imprinted on that particular tape is November 7, 1989. At about the midd(e of the tape
(approximately four hours at extended play}, the scene changes to the events on October 7, 1999, and
the time stamp changes to November 7, 1989. 7he new date and imagery lasts only a few minutes,
which is consistent with the police officer receiving the tape that night. These facts support the testimony
of larry Al1en that the tape was inserted according to the procedure, but that the "piay" button was
inadvertentiy pressed.
t5 As discussed above, the language of the license condition faits to expressly require taping, much less
requiring accurate time stamps. There was no understanding between Arnellia's and LfEP that the VCR
must imprint an accurate time stamp to meet the license condition.
�
�7.,a��r-z
RoberE Kessler, Director of LIEP, festifisd fhat the purpose of the video
surveiiiance license condition was:
This establishment attracts people that (sic) are prone to viofence. And
that we have a responsibility to do everything we can to prevent that from
happening. And the conditions were designed, especially with fhe
conditions in regard to the cameras, fo send a message to those peop(e
that practice violence that they will be watched and that we will have
recards that wili protecf the public. Secause of the lack of good
management practices at that establishment, those records are not
avaitable and 1 think as a resuit, the message is that they can get by with
these k+nds of acts af that esfablishmenf without having to pay the price.
There is no way for anyone outside ihe establishment to know whether
videotapes are being recorded at a�y particular moment. The video cameras and signs
warning about surveilfance are praminently displayed. Each of the three incidents that
prompted action concerning the Licensee occurred off of the licensed premises.
Possession of a business license does not grant police power to control the actions of
persons outside of the licensed premises. 7he purpose of "sending a message" to
persons outside the controi of the ficensee is accompfished by the visible indicia of
video surveil(ance.
The efforts made by Arneflia's to prevent a nuisance condition in the vicinity of its
business are reasonable. Maintaining videotape generated by surveillance cameras
does not reiate to the ongoing business of the Licensee, but merely aids in the
subsequent investigations by po{ice. The inadvertent faifure, on two occasions, to
record the video camera imagery from outside the premises does not rise fo a failure to
comply with the conditions on Arneiiia's ficense. The actions taken to replace a
malfunctioning camera were reasonable. Arnellia's has demonstrated by a
preponderance of the evidence that it was in substantial compliance with ifs license
conditions. LIEP fai{ed to demonstrate that Arneflia's has faiied to compfy with the
conditions on its license. Therefore, the Administrative Law Judge recommends that
this matter be DfSMISSED.
_��
16 Hearing Testimony, Tape 1.
�
Oo-S�S
Appendix A
EFFEC7IVE 07/OS/99:
1. Dress Code: Amellia's agrees to continue to enforce a dress code for customers
designed specificatly to prevent patrons or cusYomers from concealing weapons or
contraband inside baggy c(ofhing or wearing gang a�liated coiors.
2. Adherence to Strict Identification Requirements: Amellia's wili require proper picture
identification from anyone who appears to Be you�ger than 30 years old. Those without
proper identification shall be denied entrance.
3. increase Communication with Police and Neighbors: Arnellia's shall initiate and
maintain regular communicatio� wifh the west sector team police commander or his
designee, and licensing officiais, Christine Rozek and Kristina Schweinler. Meetings
shali include neighborhood organizations to the extent possible.
4. Controi Music Type and Format: Arne{{ia's shall continue to be responsibie for
screening out music that promotes or glorifies violence and nefarious or anti-social
behavior.
5. Arnellia's management and security personnei wiii insure that patrons do not leave
enmasse, but rather, management and secuirty will encourage patrons to Ieave in an
orderty and controlled manner between 12:30 a.m. and 1:15 a.m.
6. The pubiic telephones shali not affow incoming calis, nor any calls to or from electronic
beepers or pagers.
7. Arnellia's shaA maintian a list of all patrons who have been banned from the
estabfishment, and this list shall be strictly enforced by Arne(lia's. Such list shall inciude
proper identification of that person, photograph and a notice of trespass. This notice
should be in triplicate with one copy goinq to each ofi the fiollowing; 1) Maintained by the
establishment; 2) LIEP; 3) the individual being ba�ned. Once banned, a person wiil
remain 6anned for a minimum of one year. Arneflfas will cooperate with police in filling
out trespass notice(s).
8. Arnellias shall continue to provide security personnel to promote the orderly behavior of
patrons on and ieaving the premises. The premises shali inciude the area immediately
adjacent to the establishment. Special attention will be paid to encouraging patrons to
leave the area.
9. AII employees and security personnel information shalf be provided to LIEP for
background checks.
10. Arnellla's wili employ the use of a metal detecting devices to ensure there are no
weapons on the premises. ,
11. Licensee holder wiil maintain in good wvrking order at (east 4 video surveiifance cameras
on the exterior of the buiiding to constantiy monitar the exterior of the premises. Tapes
must be maintained for 7 days.
12. A video surveillance camera shalf be maintained in good working order in the interior of -
the estab{ishment to monitor cusfomers as they enter the estabiishment. Tapes must be
maintained for 7 days.
13. Signage shall be posted on the exterior of the building to notify patrons that the area may
be under video surveiilance.
14. Security personnel wili be on duty daily from 8:0o p.m. unti( cfosing.
15. Back door wili remain locked after 5:30 p.m. to prevent entry.
16. The Iicensee will iock the door of the establishment at 12:30 a.m. No additional patrons
will be alivwed entry after thai time.
17. Conditions reviewed at renewal.
10
OFFICE OF TF� CITY ATTORNEY
Claylon M. Robinson, Ja, CityAtto�ney
CITY OF SAINT PAUL
Norm Coleman, Mayor
Civi! Division
4D0 Ciry Hat!
1.5 Li'estKelloggBh•d.
Saint Paul, Minnesota 55101
bo— S.4S
Telephone: 651266-87l0
Facsimile: 651 298-� 619
May 3, 200�
S. Mazk Vauaht
Attorney at Law
Six West Fifth Street, Suite 700
Saint Pau1, Minnesota 55102
RE: All licenses held by Metro Bar & Grill, Tnc. d/b/a Arnellia's fQr the premises at 1183
University Avenue in Saint Paui
License ID #: 54523
Dear Mr. Vaught:
Enclosed and served upon you please find the City's Exceptions to the Findings of Fact,
Conclusions of Law and Recommendation of the Administrative Law 3udge in the above-
referenced matter. As you know, this matter is scheduled for hearing before the Saint Paul City
Council on Wednesday, May 10, 2000, af 530 p.m. in the City Council Chambers, 3T' Floor,
Saint Paul City Hall and Ramsey County CoLrthouse.
Sincerely,
� �
��� � �
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director of LIBP
Christine Rozek, Deputy Director of LIEP
Cathy Lue, Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue,
Saint Paui, NIlV 5� 104
L.'o- SSS
STATE OF MINNESOTA
OFFTCE OF ADMINISTRATIVE HEARINGS
FOR TI� CITY OF SA1NT PAUL
In re the licenses held by Metro Bar &
Crrill, dlb/a Arnellia's
CITY'S EXCEPTIONS TO
THE REPORT OF TF� ALJ
The City of Saint Paul, acting duough its Office of License, Inspections and
Environmental Protection, files the following exceptions to the report of the Admuustrative Law
Judge, dated April 4, 2000, and filed thereafter with the City Clerk.
I. Exceptions to Findings of Fact.
A. Findine 3: The finding neglects to state that the conditions piaced on Amellia's
license aze ali restrictions designed to prevent problems caused by patrons of Arnellia's, not
simply crime in and around the neighborhood.
B. Findina 5: This finding shouid include a finding that the testunony of Larry Alien
indicated that the time at which tapes were started was inconsistent, and that taping did not
always start when the premises were opened.
C. Findin� 5: This finding is factually true but irrelevant, as the fact that only thzee
cameras were properly working was not a basis for adverse action at the hearing.
D. Findine 7: Same exception as C, above.
E. Findine 8: This finding should include a finding that the participants in the shooting
incident had been patrons of Arnellia's eazlier in the evening.
F. Findind This finding should include a finding that the pedestrian was struck in the
parking lot and dragged into University Avenue.
IT. Exceptions to Conclusions of Law.
A. Conclusion 5: This Conclusion is erroneous in that the recording and maintenance of
the tapes was an integral part of the condition requiring surveillance cameras outside the
building. Neither of the incidents in which the tapes were not available resulted from
malfunctioning of the equipment, but were due to the empioyee of Arnellia's not putting tapes in
the machine or activating the record button as required.
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B. Conclusion 6: This Conclusion should be deleted as it is irrelevant. The fact that the
fourth camera was not in working order was not raised as a ground for adverse actiori in either
Notice of Violation, nor in the Notice of Hearing.
C. Conclusion 7: This is enoneous, in that there is a basis for taking adverse action
against the Licensee under Saint Paul Legislauve Code §310.06(b)(5), which states that adverse
action may be taken where the "licensee or applicant has failed to comply with any condifion set
forth in the license."
III. Exceprions to Recommendation.
The recommendation made by the ALJ is excepted to and the Council urged not to follow
it. The recommendation for dismissal is based upon the finding that the failure to record tapes
was not a material violation of the condition that surveiliance cameras be installed and tapes be
maintained for seven days. The memorandum attached to the Report states that the language of
the condition is axnbiguous. [1'age 6]. It is di�cult to understand where the ambiguity is in a
condition which requires tapes to be maintained for a period of seven days. There would be little
point in requiring the establishment to maintain tapes, if taping were not a requirement. The
licensee never claimed that the condition itself was ambiguous nor tbat they did not understand
that the cameras were to be recording. To find that the failure to tape on two occasions does not
constitute a violafion of the conditions of the license is sunply incomprehensible.
The Administrative Law Judge also states that "three incidents of violence aze the
motivation for bringing this action against the Licensee. *** There is no evidence in the record
of this matter that any of these incidents took place on the licensed premises." [Page 5-6]. In
actual fact, an incident of violence did prompt the nnposition of the license condition, but the
moUvation for bringing the action was that the Licensee was not complying with the condition
she had agreed to. It was during the police investigafions of the two subsequent violent
incidents, that it became clear that the condition was not being followed. There is evidence in
the record that both the September 23, 1999 and October 7, 1999 incidents involved patrons of
Arneilia's. The September 23, 1999 mcident was directly behind the establishment in the alley,
just off the premises and the October 7, 1999 incident began in the parking lot, as the report notes
in a footnote.
The memozandutn states on page $"In each instance where the videotaping system was
found to be faulty, action was taken by Amellia's to improve the system. VCRs are not "fool-
proof' technology, and gaps in recording are inevitable." There was no evidence that either
instance in which the taping was not done was related to a faulty VCR. While the technology
may not be foolproof, neither failing to put a tape into the machine nor failing to properly record
are "inevitable" problems that must be accepted.
The memorandum of the ALJ also states that the malfunction of one of the four video
cameras was clauned to be a violation of the license condition, as was the failure of Arnellia's to
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ensure that the correct date and time aze imprinted on the recordings. [Page 8]. This is absolutely
incorrect. The position of the Office of LIEP, which was put forth in the City's written final
argument, which is attached hereto and which the Council is urged to read, was that the two
occasions on which the establishment was asked for tapes of events, they were unable to produce
them because there was either no tape in the machine, or the machine was not recording. Both
incidents, occiuxing in a two week period, involved violent incidents directly outside the licensed
establishxnent and involved people who had eazlier been patrons of Ameliia's.
The memoranduzn also goes on to state that: "Possession of a business license does not
grant police power to control the actions of persons outside of the licensed premises." [Page 9]. It
is not cleaz what the ALJ means by this statement, but it is clear that possession of a business
license does carry with it the duty to take all reasonable steps to control the adverse
consequences of patrons of the establishment, and the City does have the authority to impose
conditions on a business license. In this instance, the City imposed, with the consent of the
Licensee, the condition that required taping of the outside of the premises. The Licensee agreed
to the condition, and then failed to comply with it. The City need not pzove that the Licensee
deliberately failed to tape on the rivo dates in question, only that they did fail to tape. . No
reasonable excuse was offered for failing to comply witl� the requirement - there was no
mechanical failure, no flaws in the tape used, nothing but a failute to put a tape in the V CR on
one occasion and failure to hit the record button on the second occasion. To dismiss these
violations would send the wrong message to this Licensee and every other establishment required
to have surveillance cameras and maintain the videos.
TV. Amended Findings, Conciusions and Recommendation.
Attached hereto aze proposed amended findings and conclusions and recommendation
which aze prepared for use in lieu of those contained in the ALJ Report. The undersigned urges
that the Council adopt all the Findings and Conclusions of the AL7 except those for which an
Amended Finding or Conclusion is proposed, reject the Recommendation and reject the
Memorandum in its entirety.
Subrrutted this 3T day of May, 2000.
� ��`•
� l., ,-�..�
Virgini . Palmer
Assistaut City Attorney
400 City HalUCourthouse
Saint Paul, MN 55102
(651)266-8710
Attorney Registration # 128995
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AMENDED FINDINGS AND CONCLUSIONS
I. Amended Findings of Fact:
A. Axnended Finding of Fact 3:
3.
� •,
,
. Conditions have been placed on the licenses for Arnellia's for
a number of vears. The conditions have been the result of discussions with the license holder.
the neiehbors, the�olice and LIEP. and have been desi�ned to deal with problems caused bv
patrons of Arnellia's. These restrictions include imposing a dress code on customers, requiring
picture iden6ficarion, bamiing individuals from the premises, screening music played on the
premises for inappropriate content, using a metal detector to exclude weapons from the premises,
and providing security to ensure orderiy behavior on the premises.
B. Amended Findin¢ of Fact 5:
5. After agreeing to the conditions regarding the video surveiliance system, a
manager at Arnellia's developed a system to be followed for taping. The first tape of the day
would be started when the estabiishment was opened for business, around noon each day. When
that tape ran out, another employee inserted the second tape. That tape would record until after
closing. Tapes were kept for a week and then reused for taping. Larrv Allen testified that the
tapes were not alwavs started ri hg t at openin¢, and that there was no one employee responsible
for insuringthat the ta�e was operatine.
C. Amended Finding of Fact 6:
6. In August, 1999, Arneliia Allen discovered that one of the four surveillance
cameras was not working properly. The camera operated properly in daylight, but did not return
a cleaz unage at night. The contractor who initially installed the system, Eari Allen, was
contacted in eazly August, and he examined the system appro�mately one week later. The
contractor conciuded that a new camera was required and it was ordered from tbe manufacturer
in California. Jerry Allen paid the contractAr to order the camera on August 13, 1999. The date
that the camera was ordered by the contractor is uuknown. The failure to have this fourth caruera
in workin� order was not listed as a basis far adverse action.
D. Amended Findine of Fact 7:
7. The camera was delivered to Arnellaa's 1n early September. The contractor
was notified that the camera had arrived. The camera had still not been instalied by the October
�
�e -.s�s
7. 1999 date, and testimony bv Jertv Allen at the hearin� was that he did no follow-up to see
what the delav was in installina the camera. ,
E. Amended FindinQ of Fact 8:
S. On September 23, 1999, a shooting incident occurred in the alley behind
Arnellia's. Testimonv bv the police established that the participants had been natrons of
Arnellia's earlier in the evenin�. Sergeant Munoz of the Saint Paul Police Department went to
Amellia's to obtain the videotape'of the nnagery captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for that evening. Larry Allen had
forgotten to put the second tape in that day.
F. Amended Findin� of Fact 12:
12. Near midnight on October 7, 1999, an altercation began beiween patrons in
Arnellia's. Those participating in the altercation were removed from the premises. The dispute
continued outside and someone fired shots. A car struck and killed a pedestrian in the pazking lot
of the estabiishment, and the bod�, was draP�ed into the middle of University Avenue at that
time. A lazge number of officers of the Saint Paul Police Aeparhnent responded to the scene.
II. Aznended Conclusions of Law.
A. Amended Conclusion 5:
5. The Licensee is '
ea�eras. in violation of the condition on its license relaring to maintaining tapes from the-video
surveiilance cameras on both September 23. 1999 when no ta�e was inserted and on October 7,
1999, when the tape was not operated until after the police had been called. 'T'` `-='•--- `- --°--�'
, , •
B. Amended Conclusion 6:
' r" _C'_' _ _" ' _' '__'"" " __" . ' _' ' "" '_ _ '__"_'
_ " i _ ' _ _ _ _ _ ' _ _ " _ _ _ _ _ _ _ _ _ _ _ ' _ ' _ . : ' _ '
6. The short time between the two violafions and the fact that the second
violation was within a week of Licensee bein� notified that LIEP wouid be takine adverse action
based upon the first violarion reflect that the Licensee was not making serious efforts to comply
with the condition.
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C. Amended Conclusion 7:
7. There is ae a basis £or taking adverse action against the Licensee under
�ee�ie�s § 310.06(b)(5) -- '�ro of the Saint Paul Legislative Code for �1�����-s€�s
. failure to com� with the condition on the license re�guiriug that
video surveiliance cameras be maintained in �ood workiniorder and that tapes from the cameras
be maintained for seven davs.
AMENDED FINDINGS AND CONCLUSTONS
I. Amended Findings of Fact:
A. Amended Findingof Fact 3:
3. '' �
� •>
>
. Conditions have been nlaced on the licenses for Arneilia's for
a number of vears. The conditions have been the result of discussions with the license holder.
the neighbors, the police and LIEP. and have been desianed to deal with problems caused by
patrons of Arnellia's. These restrictions include imposing a dress code on customers, requiring
picture identification, bamiing individuals from the premises, screening music played on the
premises for inappropriate content, using a metal detector to exclude weapons from the premises,
and providing security to ensure orderly behavior on the premises.
B. Amended Findine of Fact 5:
5. After agreeing to the condifions regazding the video surveillance system, a
manager at Aruellia's developed a system to be followed for taping. The first tape of the day
would be started when the establishment was opened for business, azound noon each day. When
that tape ran out, another employee inserted the second tape. That tape would record until after
closing. Tapes were kept for a week and then reused for taping. Lanv Allen testified that the
tapes were not alwavs started ri hg t at opening, and that there was no one employee responsible
for insurine that the tage was operating
C. Amended Finding of Fact 6:
6. In August, 1999, Amellia Allen discovered that one of the four surveillance
cameras was not working properly. The camera operated properly in daylight, but did not return
a clear image at night. The contractor who initially installed the system, Earl Allen, was
�
ac� -�S8'S
contacted in eazly August, and he examined the system approximately one week later. The
contractor concluded that a new camera was required apd it was ordered from the mauufacturer
in California Jerry Allen paid the contractor to order the camera on August 13, 1999. The date
that the camera was ordered by the contractor is unlaiown. The failure to have this foutth camera
in workin¢ order was not listed as a basis for adverse acrion.
D. Amended Findine of Fact 7:
7. The camera was delivered to Arnellia's in eazly September. The contractor
was notified that the camera had arrived. The camera had still not been installed bv the October
7. 1999 date, and testunonv by Jerrv Ailen at the hearing was that he did no follow-up to see
what the dela� was in installing the camera.
E. Amended Findins of Fact 8:
8. On September 23, 1999, a shooting incident occutred in the aliey behind
Arnellia's. Testimony bYthe oolice established that the participants had been patrons of
Arnellia's eariier in the evenin¢. Sergeant Munoz of the Saint Paui Police Department went to
Amellia's to obtain the videotape of the imagery captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for that evening. Larry A11en had
forgotten to put the second tape in that day.
F. Amended Finding of Fact 12:
12. Neaz midnight on October 7, 1499, an altercation began between patrons in
Arnellia's. Those participating in the altercation were removed from the premises. The dispute
continued outside and someone fired shots. A car struck and killed a pedestrian in the pazkinng lot
of the estabtishment. and the bodv was drageed into the middle of University Avenue at that
tune. A large number of officers of the Saint Paul Police Department responded to the scene.
II. Amended Conclusions of Law.
A. Amended Conclusion 5:
5. The Licensee is '
ear�terss. in violation of the condition on its license relatine to maintaining tapes from the video
surveillance cameras on both September 23, 1449 when no taoe was inserted and on October 7.
1999. when the tape was not operated until after the police had been called. ''''-- r:,..-_ ... __ .__�
> > .
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B. Amended Conclusion 6:
: " - - - - - - - :. - - - - -
- :,.- .; ,:- -- - -- - - - - - - - --- - ---- - ..:= - --
6. The short time between the two violarions. and the fact that tbe second
violation was within a week of Licensee beina notified that LIEP would be takine adverse action
based upon the first violation reflect that the Licensee was not making serious efforts to com�l,v
with the condition.
C. Amended Conclusion 7:
7. There is t�e a basis for taking adverse action against the Licensee under
�eeEiens § 310.06 5-- of the Saint Paul Le islative Code for �n��
(b)( ) g� �ie�fl.._.,.___ _
. failure to complv with the condition on the license reauirin¢ that
video surveillance cameras be maintained in eood workina order and that tapes from the caxneras
be maintained for seven davs.
�
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OFFTCE OF AD1dINISTRATIVE HEARINGS
FOR THE COUNCIL OF TT�
CITY OF SAINT FAUL
In re the licenses held by Metro Baz & Grill, CITY' S FIi�1AL ARGUMENT
Inc., d!b!a Arnellia's
STATEMENT OF FACTS
The Office of License, Inspections and Environmental Protection initiated adverse action
against the licenses held by Metro Baz & Grill, Inc., d/b!a Arnellia's, for violating conditions
placed on the license. 5aint Paul Legislative Code §310.06(b)(5) permits adverse action to be
taken against licenses where the licensee "has failed to comply with any condition set forth in the
license, or set forth in the resolution granting or renewing Che license." There have been license
conditions on the licenses heid by Metro Bar & Grill for several years, and the most recent
revision of those conditions was done after meeting with the license holder and a number of other
interested persons, including LIEP staff and St. Paul police officers. Effective July 8, 1999, rivo
conditions relatin� to secwity cameras were placed on the Iicense. Condition # 11 states:
"Licensee [sic] holder will maintain in good working order at least 4 video surveillance cameras
on the exterior of the building to constantly monitor the exterior of the premises. Tapes must be
maintained for 7 days." Robert Kessler, Director of LIEP, testified that the conditions regarding
the surveillance cameras were put in place as a result of a fatal shooting which took place outside
of Arnellia's. Jackie Hicks, a manager of Amellia's, acknowledged that the licensee had a�reed
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to the conditions and was awaze of them.
On September 23, 1999, a shooting took place outside of Ameliia's. Saint Paul Police
Officer Johnson was sent to the baz to recover the tape from the outside video surveillance
cameras, but was advised by the owner, Arnellia Allen, that there was no surveillance camera
behind the building. The officer advised her that tapes from the other cameras might be helpful
in identifying the suspects. After Ms. Allen contacted her son, Larry Allen, by phone, she
informed the officer that the cameras were not operating the previous evening. S�t. Richard
Munoz also went to Arnellia's to attempt to obtain a video tape of the incident. Ms. Allen stated
that she did not have a tape to give him because the camera in the reaz of the building was
broken, the other cameras were not operating and there was no tape in the recorder.
A Notice of Violation dated September 30, 1999, was sent to Amellia Allen alleging that
the failure to have the video cameras on and taping on September 23, 1999 was a violation of
condition # 1 I of the license. The Notice was served by mail on October l, 1999 on Ms. Allen,
at the licensed establishment, and gave the licensee until October 11, 1499 to respond on how
they would like to proceed. While that matter was still pending, on October $, 1999, there was a
suspected homicide which took place outside of Arnellia's, beginning in the parking lot and
ending up on University Avenue. Once again, pofice went to Arnellia's to obtain videos from ihe
surveillance cameras. The video tape which was obtained was reviewed by several Saint Pau1
Police officers, among them Sgt. Mazk Kempe. Sgt Kempe testified that the video tape which
he reviewed was obtained from the bar by Officer Arno1d, who then took it to the police station
and gave it to Sgt. Younghans. Sgt. Younghans and other officers reviewed the tape. The tape
was played at the hearing, and no claim has been made that the tape is not authentic nor has any
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claim been made that the tape was tampered with.
The tape is divided into four quarters, with one squaze for each of the four outside
surveillance cameras. The upper left hand square is blank; testimony later established that this
camera was not operating for at least two months, and probably longer. The remaining three
squazes show the front door area (lower left screen), the back door azea (lower right screen) and
the east pazking lot (upper right screen). There aze numbers which reflect a date and time, but
these aze not related to the actual date and time of the recording. Tt was Sgt. Kempe's opinion
that the tape was not operating at the time of the incident in the parking lot on November 8,
1999, but that the tape had been tumed on after the police had been called. He based this opinion
upon the review of the tape, which showed a sudden jump in the dates of the tape counter, from
10-30-89 at 8:50 to 11-7-89 at 12:11:42; the abrupt change in the items being viewed (a view of
the front doar with no one outside and a jump to a large crowd of people); and the fact that the
squad cazs can be seen arriving. His conclusion was that the tape had not been
constantly operating, but had been tumed on after the fact.
The �vitnesses presented by the licensee did not dispute that there was no tape from the
incident on September 23, 1949. In fact, Lany Allen acknowledged that he forget to use the
surveillance cameras, despite being told of the conditions on the license. He also admitted that
the tapes were not operating on October 8, 1999 until after the incident occurred, and the police
had been called. His explanation was that he had hit the play, but not the record button on the
tape machine. It also was apparent from the testimony of both Larry and Jerry Allen that one of
the video surveillance cameras (the upper 1eft quarter of the tape) was not operational for a period
of over two months. The witnesses for the licensee seemed to be azguing that the recommended
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penalry of 60 days was too severe because the violation of the condition on the license did not
cause the shooting on September 23, 1999 or the death on October 8, 1999.
ARGL3MENT
The City's burden of proof in this hearing is a preponderance of the evidence; if it is more
likely than not that the licensee violated the conditions of the license, then the City has met its
burden. In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. 1488). The license condition in
question in this matter is Condition # 11, which states:
"11. The Licensee [sic] holder will maintain in good working order at least 4
video surveillance cameras on the exterior of the building to constantly monitor
the exterior of the premises. Tapes must be maintained for 7 days."
Implicit in the wording of this condition is that the video cameras are to be operating, and taping,
at all times that the baz is open. One of the reasons for placing the condition on the license was
to assist police by providing them with possible means of identifying suspects in the assaults,
shootings and other problems being caused by baz patrons after leaving the bar. Clearly, the
licensee violated the condition on September 23, 1999, when no tape was in the video and it was
not being operated, and again on October 7, 1999, when taping did not start until after the
incident occurred.
The Director of LIEP, Robert Kessler, testified that he recommended a suspension of 60
days for the licenses held by Metro Bar & Grill, Inc. He acknowledged that it was a severe
penalty, although he also noted that his initial inclination was to recommend revocation of the
iicenses. He noted that the condition on the license was the result of a meeting with the owner
and management of Arnellia's, as well as Saini Paul police officers, and that the
recommendation for video surveillance cameras was something the police felt would assist them
i�
� � _ S �"�
in investigating and solving crunes occurring at or azound the bar. The meeting and the
additional conditions on the license were motivated by a murder which occuned outside the bar,
on University Avenue. The conditions were effective July $, 1999. Within a matter of months,
there was another shooting outside of Arnellia's, and only two weeks later, a person was killed in
an incident which was investigated as a possible homicide and which began in the bar's pazking
lot. Officers testified that in both the September 23 and the October 7, 1999 incidents, that the
people involved had been inside the baz as patrons eazlier in the evening. It w�as apparent from
the testimony of Jackie Hicks that she felt the condition tivas unnecessary and that the bar feels no
responsibility for the behavior of patrons once they aze outside the building. However, the bar
had the opportunity to oppose the cond'ations being placed on the license, as imposition of
conditions is an adverse action, pursuant to Saint Paul Legislative Code §310.0�(a). The licensee
chose not to contest the imposition of conditions, and cannot now argue that the conditions aze
unreasonable.
Ms. Hicks acknowledged that there has been a prior adverse action against the licenses
held by Metro Bar & Grill, Inc., based upon the number of shootings which have occurred
outside and around the establishment. Rather than demonstrating concem for the problems
generated by patrons of the establishment, the licensee seems to argue that because the violation
of the conditions did not directly cause the incidents, they should not be punished. In fact, the
continuing neglect of the conditions regazding the surveillance cameras is both a serious
violation; and contributes to the ongoing probiems outside the bar. As long as the establishment
ignores the condition to have cameras monitoring both inside and outside the premises, the police
aze denied access to valuable evidence to solve felony-level and other crimes occurring just
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outside the doors of the baz. In both the September 23 and October 7, 1999 incidents, the
participants were patrons of the baz; although they did not commit the crirnes inside the building,
they were present outside the building because they had been at the baz. The licensee obviously
benefits from the custom of its patrons by chazging them for food and aIcohol. Thas is conduct
permitted by the licenses it holds. It would be unfair to say that the establishment can benefit
from the licenses it holds but escape all responsibility for the obligations irnposed on the licenses
by the Office of LIEP.
The sanction recommended by the Office of LIEP is warranted by the inaction of the
license holder in implementing the conditions agreed to. The conditions were to be effective on
July 9, 1999. It was apparent from the testimony of all of the witnesses for the Iicensee that no
training had been done with employees to advise them of the importance of the conditions or
how to implement them. Thus, on September 23, 1999, the cameras were not even operating.
Despite receiving a Notice of Violation advising them of the failure to abide by the conditions, it
was only two weeks later that Larry Allen elther failed to turn the recorder on or failed to tum it
to record untii after another instance of violent behavior required a call to the police. Oniy then
did the cameras actually begin to record.
Further evidence that the attitude of the licensee towards the condition was lackadaisical
at best was the testimony regarding the fourth surveillance camera, which was determined to be
malfunctioning in August of 1999, and which was still inoperafive at the time of the October 7,
1999 incident, two months later. The testunony made it cleaz that°there was no sense of urgency
about gettina the camera replaced once the bar finally realized that it was not functianing. There
was no clear responsibility for taking chazge of the repair or reinstallation, and Larry Allen, the
�
6z� � S8".S�
manager, appazently relied upon his mother's statement that Eazl AlIen had been contacted to
come install the caznera without checking to see that it was done or to have it done in a timely
fashion. When asked if anyone ever reviewed the tapes, Larry A11en stated that he did not, and
Jackie Hicks believed that it wasn't incumbent upon the bar to do so. This lack of responsibility
for checking the tapes meant that they couldn't be sure the cameras were in worl:ing order, and
further demonstrates the fact that they did not take the condition on the license seriously,
The Office of LIEP made every effort to work with the licensee to deal with concems
about the violent incidents taking place outside Arnellia's by meeting with them to develop
conditions that would deal with the problem. Both the testimony of Jackie Hicks, and the actions
and inactions of Larry and Jerry Allen make it cleaz that the employees of the licensee do not
take the condition seriously and do not feel it is necessary. No training was ever done on how to
implement the condition, it appeats that when the cameras are turned on and off was largely a
matter of personal decision by the individual employee, and no effort is made to see that the
cameras are functioning properly by reviewing the tapes. The mere fact that on the two
occasions that the police looked for tapes to assist them in investigating crimes the tapes weren't
available because the recorder had not been used or had been improperly used, warrants a severe
penalty, but added to that, the recommended penalty of a sixty-day suspension is warranted
because the testimony shows that ttus was not a one-time lapse on the part of the licensee, but
part of a general disregazd for the condition. Additionally, this is a second adverse action against
the licenses held by Metro Bar & Grill, Inc.
CONCLUSION
The City has met its burden of showing that the licensee violated Condition #11 on the
-7-
ac� -S�J`
license on both September 23, 1999 and October 7, 1999, because the licensee failed to have a
tape in and the machine operating at all on September 23` and failed to have the machine
continuously monitoring and recording on October 7`". These violations occurred in short period
of time, were part of a continuing pattern of indifference to the condition being imposed on the
license, and were a result of her failure to convey the importance of the condition to her
employees or train them in its implementation. The argument that these violations aze not
serious because they did not cause the incidents themselves simply underscores the fact that the
licensee does not consider the condition to be unportant, as does her manager's tesrimony that
the condition is unnecessary and was only imposed because the Director of LIEP doesn't like the
bar. The Office of LIEP has worked with the establishment to deal with the problems caused by
some of the patrons of the bar, and the licensee's failure to abide by the conditions and take
responsibility for their part in the problems wanants a severe sanction.
Respectfully submitted this 18'h day of February, 2000.
� � ��
Virginia D. almer (Atty Lic. # 128995)
Assistant City Attnmey
400 City HalUCourthouse
15 W. Kellogg Boulevard
Saint Paul, MN SS 102
(651)266-8710
�
-- - - - - ---- - - - - --
Nancy Andevson -1tem #32 . May_10 Council Agenda_ ___._ _ , _ _„_ _ . . __ Page 1 .
• � � S��
From: Nancy Mderson
To: Council ,
Date: 5/9/00 2:32PM
Subjecf: Item #32 - May 10 Council Agenda.
FYI -
The City Attomey's Office has requested that Item #32 on tfie May 10th Council Agenda (Report of the
Administrative Law Judge conceming all licenses held by Metro Bar & Grill, dba Arnel{ia's, 1163 University
Avenue, be I.AID OVER TO June 7th for Public Hearing. (This date was requested by Attorney for
Arnellia's.)
CC: Byrne, Phil
� 5�5
CITY OF SAINT PAUL
Norm Colemars, Mayor
October 25, 2000
CITIZEN SERVICE OFFICE
Fred OwusK �}' Qerk
i�o cuy aou
ZS W. %ellogg Boulevmd
SaixtPmr�Minnesota SSIO2
TeL: 651-2668989
Fax: 651-266-8689
A'eb: hdp://www.stpauLgm
TDD: 26(r8509
At the direction of Saint Paul Assistant City Attorney, Virgnua Palmer, the original copies of all
documentation relating to Council File #00585 a resolution to suspend the license of Metro Baz &
Grill d/b/a Arnellia's and adopt the Report of the ALJ with exceprions and aznendments, have been
sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File
Number: C6-00-1156.
The copies haue been filed as the original documents in the City Clerk's office files.
,�°�� K, ((�;� ��
Fred Owusu
City Clerk
<��� � /Jd�
Shari Moore
Deputy City Clerk
� �
COURT OF APPEAI,S NIIMBER:C6-06-1156
IND&% OF COIINCIL FILE (C.F.) DO-585
DOC.
NUMBER
1
2
DATE
6-21-00 Resolution and Green Sheet suspending the
(date , license of Metro Bar & Grill d/b/a
adopted Arnellia's and adopting the Report of the
by ALJ with exceptions and amendments
Council)
6-1-00 Letter from State Representative Andy
Dawkins offering opinion that Arnellia's
license not be suspended.
NIIMBER
OF
PAGSS
5
1
3. 4-20-00 Notice of Public Hearing letCer sent to 11
Attorney Mark Vaught by Assistant City
Attorney Virginia Palmer regarding 1-26-00
Findings of Fact, Conclusions of Law and
Recommendation of the Administrative Law
Judge.
4. 5-3-00 Letter from Virginia Palmer to Mark Vaught 17
regarding the City's Exceptions to the
Findings of Fact, Conclusions of Law and
Recommendation of the ALJ. Includes
City's Final Argument - Statement of Facts
5. 5-9-00 Memo to City Council from Nancy Anderson 1
regarding laying over of item #32 on the
May 1�"' Council Agenda to June 7 for a
Public Hearing.
6. 144 petition cards requesting the City 144
Council to support the findings of the caras in
ALJ, as it relates to not sanction i
Arnella's. envelope
7. 6-21-00
8. 6-21-00
Videotape of 6-21-00 Saint Paul City
Council meeting.
Summary minutes of 6-21-00 Saint Paul City
Council meeting.
DOCUMENTS RETURNED SY TA& ALJ
RECEIVED IN THE CITY CLERK'S OFFICE 4-5-00
L�
10
4-4-00 Letter from Phyllis Reha, Administrative
Law Judge, to the City Council regarding
the Findings of Fact, Conclusions and
Recommendations.
3-6-00 Letter from Virginia Palmer to the ALJ
Phyllis Reha regarding City's Rep1y
Memorandum.
1 tape
14
12
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11
12
13
3-6-00
3-2-00
a-is-oo
Fax cover from Mark Vaught to Phyllis Reha
regarding no further submissions in the
Metro Bar & Grill matter.
FaY £rom Mark Vaught to Phyllis Reha
summarizing and presenting Respondent's
view of the evidence_
Letter from Virginia Palmer to Phyllis
Reha enclosing the Final Argument on
behalf of LI&P.
14. 2-28-00 Letter from Phyllis Reha to Virginia
Palmer granting her request to extend the
period for reply briefs. Attached is the
letter from Virginia Palmer requesting the
extension.
15. 12-15-99
16. 1-26-00
17. 9-30-99
18.
19. 9-23-99
20. 9-23-99
21. 9-30-99
22. 11-8-99
23. 10-29-49
24. 11-10-99
25. 12-15-99
26. 10-7-99
Letters from Virginia Palmer and Peter
Pangborn announcing Notice of Hearing to
Arnellia Allen.
List of City's proposed exhibits.
City's Exhibit #1, License Information
Report
City's Exhibit #2, License conditions for
Metro Bar & Grill dba Arnellia's
City's Exhibit #3, Police report prepared
by Officer Gerald E. Johnson
City's Exhibit #4, Police report prepared
by Sgt. Richard J. Munoz
City's Exhibit #5, Notice of Violation
City's Exhibit #6, Police report prepared
by Sgt. Mark C. Kempe
City's Exhibit #8, Letter from Ms.
Arnellia Allen to Robert Kessler
City's Exhibit #9, Notice of Second
Violation
City's Exhibit #10, Notice of Hearing
City's Exhibit #7, Videotape from
Arnellia's
1
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4
1
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1 tape
�� _
STATE OF MINIVESOTA
IN COURT OF APPEALS
Metro Bar & Gri13, Inc., dtbla Arneliia's,
Petitioner,
WRIT OF CERIORARi
►��
COURT OF APPEALS
FILE NO.e.� —� — � 15 �
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COUNCIL FILE NO. 00-58�
DATE OF DECISION:
ADOPTED: TUNE 21, 2000
APPROVED BY MAYOR:
JUNE 27, 2000
TO: The City of Saint Paul and the City Council of the City of Saint Paul:
You are hereby ordered to return to the Court of Appeals within ten (10)
days after the date xealtor's brief is due the record, exhibits and proceedings in the
above-entitled matter so that this Court may review the decision of the City Council
issued on the date noted above.
Copies of this Writ and the accompanying Petition shall be sen�ed torthwith
either personally or by mail upon the City of Saint Paul as follows:
City Clerk
170 City Hail
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
�
And upon the attorney for the City of Saint Paul as foilows:
Virginia Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Boulevard
saint Paul, Minnesota 55102
Proof of service shali be f51ed with the Clerk of the Appeliate Courts.
Clerk of Appellate Courts
iL.
Aated: July _, 2000
- A .
By: �l, � ��� a l.F�
Ass�stant C?erk
(Clerk's File Stamp)
2
S. MARK VAUGHT
Attorney At Law
auiy �, a000
Sui[e 700
Six West Fifth Stteet
Sainc Paul, Minnesora 55102-1412
(651)297-6400
FAX (651) 22q-8328
e-maii: markvaught@worldnet.att.net
Mr. Frederick K. Grittner
Clerk of Appellate Courts
Minnesota Judicial Center
25 Constiturion Avenue
Saint Paul, MN 55155
RE: Metro Bar & Grill, Inc. vs. Citv of Saint Paul
Dear Mr. Grittner:
t��EIVE�
JUL 7 2Q00
c►rr �,��
Enclosed you will find with respect to the above-entitled matter the
following:
1. An original and the requisite nuraber of copies of a Petition for a Writ
of Certiorari with attachments;
Z. An original proposed Writ of Certiorari;
3. An original and the requisite number of copies of Petitioner's
Statement of the Case;
4. An original and the requisite number of copies of Petitioner's Notice
of Mot'son and Motion requested an emergency stay of the license
suspension handed down by the Saint Paul City Council in the matter;
5. An original and the requisite number of copies of the Affidavits of
Jackie Hicks and S. Mark Vaught offered in support of the Motion for
a Stay; and
6. A check in the sum of $250.00 to cover the cost of the filing fee.
Please see that the documents are properly filed. Additionally, the Motion
needs to be heard on an emergency basis as the license suspension is scheduled to go
into effect at 12:01 a.m. next Wednesday, July 12, 2000. As a courtesy in helping
her to respond to the motion I have already provided a copy of the enclosed
documents to Virginia Palmer, Assistant City Attorney.
Very truly yours,
S. Mark Vauaht
Attorney at Law
cc Virginia Palmer, Assistant City Attorney
Fred Owuzu, Saint Paul City Clerk
��
�
STATE OF MINNESOTA
IN COURT OF APPEALS
�Pp QF TFE O��a-fe
JUL 0 7 200Q
:_ ��LEC�
Metro Bar & Grill, Inc., dlbla Arnellia's,
Petitioner,
vs.
PETITION �'OR WRIT
OF CERTIORARI
COURT OF APPEALS
FILE NO � "QQ _ , ` � �
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COiJNCIL FILE NO.OQ-585
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
JLJNE 27, 2000
DATE AND DESCRIPTION OF
EVENT TRIGGERING APPEAL:
JUNE 27, 2000; MAILING OF
CITY COUNCIL RESOLUTION
TO
The Court of Appeals of the State of Minnesota:
Tbe above-named Petitioner hereby petitions the Court of Appeals for a Writ
of Certiorari ta review a decision of the City Council of the City of Saint Paul issued
on the date noted above, upon the following grounds:
1. On June 21, 2000, the City Council of the City of Saint Paul, acfing in
a quasi-judicial capacity, passed a resolution, approved by the Mayor on June 27,
2QOQ, suspending all licenses held by Petitioner at 1183 University Avenue, Saint
Paul, Minnesota, for a period of forty-five days (45), fifteen (15) days of which to be
stayed.
2. In passing said resolution, the City Council made tbe following errors:
A. Acted arbitrarily and capriciously in rejecting many of the findings of
fact and legal conclusions of the Administrative Law Judge and in not
adopting the reasoning and recommendation of the Administrative
Law Judge that the matter be dismissed.
B. Failed to accord Petitioner equal time to present its case as was
permitted the attomey representing City licensing officials
constituting a denial of Petitioner's due process rights.
C. Failed to accord Petitioner an opportunity to rebut the inflammatory
and irrelevant testimony from certai» witnesses, who had not
previously been heard and who testified after the completion of
Petitioner's testimony, constituting a denial of Petitioner's due
process rights.
D. Failed to exclude the irrelevant and inflammatory testimony
regarding unrelated incidents of violence by certain witnesses
constituting arbitrary and capricious action.
E. Acted arbitrarily and capriciously in reliance on inflammatory and
irrelevant testimony regarding the general subject of violence and
specific acts of violence from witnesses and comments in the same
regard by Councilmember Blakey in arriving at a decision in this
matter.
F. Acted arbitrarily and capriciously in imposing the severe penalty in
this case, both with respect to the nature of the alleged violations and
with respect to its own statutory regulatory scheme of matrix
penalties for certain sorts ofviolations?
G. Erred and acted arbitrarily and capriciously in concluding that there
were violations of license conditions by the Petitioner in this matter.
H. Acted arbitrarily, capriciously, illegally and in contravention of the
provisions of Saint Paul Legislative Code Chapter 310.05(c-2) by
engaging in ex parte contacts or discussions with each other or third
parties regarding these matters outside the public record or final
Council deliberations.
Review of the decision of the City Council by the Court of Appeals pursuant
to issuance of a Writ of Certiorari is authorized by past decisions of this Court and
the Supreme Court of the State of Minnesota.
Dated: July 7, 2000
� +,�✓� ��%GGc�
S. Mark Vaught (Atty. No. 1519)
Attorney for Pefitioner
Suite 700
Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-832& (fax)
markvaueht(a�worldnet.att.net
OFFICE OF LICEtiSE. INSPECTIONS .1DID
ENYIRO`1MENTAL PItOTECTION
Robert Kess(er, Direaoi
CITY OF SAINT PAUL
.NOrm Co(eman, :Kayor
June 27, 2000
LOK'RY PROFESS/O.NAL
BUILtl[NG
Suite 300
350 St. Perer S[reet
Soiu Paul, :1linnesata SJIO2-I510
NOTICE OF LICENSE SUSPENSION
Amellia Allen, President
Metro Bar & Grill, Inc. dba Amellia's
1183 Universiry Avenue West
Saint Paul, MN 55104
Dear Ms. Allen:
?e[ephane: 651-2E690A7
Fatslrule: Qi1-2665YN9
6�7-266-9f24
Enclosed is a copy of City Council Resolution Number 00-585 which suspends all
the licenses issued to you by the City of Saint Paul for a period of forty-five (45)
days with fifteen (15) days stayed for the followin�:
Violations occurring on September 23, 1999 and October 8,1999
of the condition on the licenses requiring that there be video
surveillance cameras operating on the exterior of the building
and that t�pes be maintained for seven days.
The suspension was adopted by the Saint Paul City Council in final written form at
the CounciPs regulaz meeting on June 21, 2000.
The effect of this notice is that no business operations shall be permitted for thirty
(30) days beginning at 12:01 a.m. on Wednesday, July 12, 2000 through 11:59 p.m.
Thursday, Au�ust 10, 2000. This is a serious matter that demands your adherence.
Absolutely no sale, consumption or display of alcohol shall be permitted on the
licensed premises during this �vhole period.
Please contact me at 266-9108 if you have any questions re?ardin� this matter.
Sincerely,
C V � �L-
Christine A. Ro2ek
Deputy Director
[�.7�i7
A j�-�
cc: Commander Dan Cazison, SPPD-Western District
Robert Kessler, Director-LIEP
Peter Pangborn, Legal Assistant
Kris Schweinler, Senior License Inspector
S. Mazk Vau�ht, Attomey at Law
Administrative Law Judge
ORIGINAL
Presented By
Referred To
RESOLUTION
CITY OF SAINT P.
Council File # � .. C QS
Csreen Sheet � c�y3 ti�
Date
i�}
i RESOLVED, that the licenses held by Metro Bar & Grill, Inc_ dJUla Amellia's for the
2 premises at I 183 University Avenue in Saint Pau1(License ID# 54523) aze hereby suspended
3 for a period of forty-five days, fiReen of the days to be siayed, for the violations occurring on
4 September 23, 1999 and October 8, 1499 of the condition on the licenses requiring that there be
5 video surveiilance cameras operating on the exterior of the building and that tapes be maintained
6 for seven days. The suspension shall begin on the third Wednesday following passage and
7 approval of this resolution
9 FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the
10 ALJ Report in this case dated May 3, 2000 aze adopted as the written findings and conclusions of
11 the Council in this matter, except as amended below. The reasonin� of the Memorandum of the
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ALJ attached to the findings and conclusions is not adopted. The recommendation of the ALJ for
dismissal of the adverse action against ttte Iicenses is also not accepted.
FURTHER RESOLVED, that the following amendments to the ALJ Report aze hereby
adopted:
1. Finding of Fact No. 3 is hereby amended to read as follows:
n3 ,
. . Conditions nave been
placed on the licenses for Amellia's for a number of vears. The
conditions have been the result of discussions with the license
holder. the neighbors, the police and LIEP and have been desi n�ed
to deal with oroblems caused bv patrons of Arneilia's. These
restrictions include imposing a dress code on customers, requiring
picture identification, banning individuals from the premises,
screening music played on the premises for inappropriate content,
using a metal detector to exciude weapons from the premises, and
providing security to ensure orderly 6ehavior on the premises."
2. Finding of Fact No. 5 is hereby amended to read as follows:
"5. After agreeing to the conditions regazding the video
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GQ
surveillance system, a manager at Amellia's developed a system to
be followed for taping. The first tape of the day would be started
when the establishment was opened for business, azound noon each
day. When that tape ran out, another employee inserted the second
tape. That tape would record until after closing. Tapes were kept
for a week and then reused for taping. Lam Alien testifred that the
tapes were not alwavs started ri t at openine. and that there was
no one emolovee responsible for insurin¢ that the tape was
ooerarina."
Finding of Fact I3o. 6 is hereby amended to read as foliows:
"6. In August, 1999, Ameilia Allen discovered that one of the four
surveillance cameras was not working properiy. The camera
operated properly in daylight, but did not rehun a ciear image at
night. The contractor who inirially installed the system, Eazi Ailen,
was contacted in early August, and he examined the system
approximately ane week later. The contractor concluded that a new
camera was required and it was ordered from the manufacturer in
California. Jerry Allen paid the contractor to order the camera on
August 13, 1999. The date that the camera was ordered by ihe
contractor is unknown. The failure to have this fourth camera in
workine order was not listed as a basis for adverse action."
Finding of Fact No. 7 is hereby amended to read as follows:
"7. The camera was delivered to Ameilia's in eazly September.
The contractor was notified that the camera had arrived. The
camera had still not been instailed bv the October 7. 1999 date. and
testimony 6v Jemr Atlen at the hearine was that he did no follow-
un to see what the delav was in installing the camera."
Finding of Fact No. 8 is hereby amended to read as follows:
"8. On September 23, 1999, a shooting incident occurred in the
alley behind Amellia's. Testimonv bv the �olice established that
the participants had been patrons of Amellia's eazlier in the
evenine" Sergeant Munoz of the Saint Paul Police Department
went to Amellia's to obtain the videotape of the imagery captured
by the video surveiilance camera. Sergeant Munoz was informed
that there was no tape available for that evening. Larry Allen had
forgotten to pui the second tape in that day."
Finding of Fact No. 12 is hereby amended to read as folIows:
"12. Neaz midnight on October 7, 1999, an altercation began
between patrons in Amellia's. Those participating in the
aliercation were removed from the premises. The dispute
b0 —S$S
1 continued outside and someone fired shots. A caz struck and killed
2 a pedestrian in the garkine lot of the estabiishment. and the bodv
3 was draesed into the middle of University Avenue at that time. A
4 large number of officers of the Saint Paul Police Department
responded to the scene."
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7. Conclusion o£ Law No. 5 is hereby amended to read as follows:
"5. The Licensee is �
. in
violation of the condirion on its license relatin¢ to maintainine
ta_pes from the video surveillance cameras on both Seotember 23.
1999 when no tape was inserted and on October 7. 1999, when the
tape was not operated until after the �olice had been called. �ke
-, ��
, > �
D o ^Sgs
Conclusion of Law No. 6 is deleted and a new Conclusion of Law No. 6 is adopted
to read as follows::
Y. _ _ _ _ _ _ _ _ _ _ _ _ -
"6. The short time between the two violations. and the fact that
the second violation was within a week of Licensee bein2 notified
that LTEP would be takina adverse action based npon the first
violation reflect that the Licensee was not makine serious efforts to
comglv with the condition."
9. Conclusion of Law No. 7 is hereby amended to read as follows:
"7. There is ne a basis for taking adverse action against the
Licensee under 8eetiens � 310.Ob(b)(5) --'� "m�^�r.'rA of the Saint
Paul Legislative Code for
sqstem- failure to com� with the condition on the license
requirine that video surveillance cameras be maintained in good
working order and that tapes from the cameras be maintained for
seven davs.
This Resolution is based on the record of the proceedings before t4ie ALJ, including ihe
hearing on January 26, 2000, the documents and exhibits introduced therein, the findings of fact
and conclusions of law of the ALJ as referenced above, the written submissions by counsel for
the pazties, and the arguments and statements of the parties and the deliberations of the Counci3
in open session on June 7, 2000.
2
�
00 —$$S
A copy of this Resolution, as adopted, shall be sent by first class mail to the
Administrative Law Judge, and to the Licensee's attomey, S. Mark Vaught.
Requested by Departmeat of:
By:
Fozm Acproved b City Attoraey �
ey ` ��,�..��
Approved by Mayor for Submission to Council
B Y� �r,"���\ � �� By:
Appzoved Sy Mayor: Date �?1G �� s.�yQ
ey r
��
Adopted by Couacil: Date �� �00
Adoptioa Certified by Couaci ecreta�
,
9-2111-12640-3
STATE OF MINNESOTA
OF�ICE OF ADMINISTR.4TIVE HEARfNGS
FOR THE CITY OF ST. PAUL
!n the Matter of All �icenses Held by
Metro Bar & Grill, Inc., d/b/a AmelGa's, for
the Premises at 1183 University Avenue,
Saint Paul, License I.D. No. 54523.
FINDINGS OF FACT,
CONCLUSlONS OF LAW
AND RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law Judge
Phyliis A. Reha, acting as a hearing officer for the Saint Paul City Council, commencing
at 930 a.m. on Wednesday, January 26, 2000, at the Saint Paui City Hall(Ramsey
County Courthouse, Room 41, 15 West Kellogg Bou4evard, St. Paul, Minnesota. The
hearing was held pursuant to a Notice of Hearing dated Decembes 15, 1999.
Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West
Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behaif of the City's O�ce
of License, Inspections and Environmental Protection (LIEP). S. Mark Vaught, Attorney
at Law, Six West Fifth Street, Suite 700, Saint Paul, Minnesota 55102-1412, appeared
on behaif of the Licensee (hereinafter "Amellia's" or "Licensee"). The record closed on
March 7, 2000, with the receipt of the last post-hearing submission.
NOTICE
This Report contains a recommendation and not a final decision. The final
decision will be made by the Saint Paul City Councii, which may affirm, reject, or modify
the Fi�dings and Conclusions contained herein. The Councii will consider the evidence
in this case and the .Administrative Law Judge's recommended Findings of Fact and
Conc(usions, but wiii not consider any factual testimony not previously submitted to and
considered by the Rdministrative Law Judge. The Licensee wiil have an opportunity to
present oral or written arguments regarding its position on the recommendation of the
Adm+nistrative �aw Judge in the application of the law or interpretation ot me r'acts anci
may present argument related to its position. The Counci('s decision as to what, if any,
adverse action shall be taken will be by resolution under § 310.�5 of the St. Paul
Legis{ative Code. Te ascertain when the Council wi4l consider this matter, the parties
should contact the Saint Paul City Council, Room 310, St. Paul City HaIlfRamsey
County Courthouse, 15 West Kellogg Boulevard, St. Paui, Minnesota 55102.
STATENIENT OF ISSUES
The issues in this matter are whether licensee vioiated conditions on its license
by fail+ng to maintain video surveillance of the exterior of the licensed premises and
failing to recard that imagery, and, if so, what penalty is appropriate.
Based upon ail of the files, records and proceedings herein, the Administrative
Law Judge (ALJ) makes the foliowing:
FiNDINGS OF FACT
1. Metro Bar & Griil, lnc. is a corporation doing business as Arneliia's at 1183
University Avenue, Saint Paui, Minnesota 55104. The corporafion is owned by Amefiia
Allen. Amellia's has an Entertainment (B) license, a Gam6ling Location (B) ficense, a
CigareitelTobacco iicense, and two �iquor On-Sale licenses. Amellia's licenses remain
va{id pending the oufcome of this proceeding. The business is owned by Amel(ia Allen.
The manager is her son, Jerry Allen. Jerry Ailen's brother, Larry Aflen, is employed by
Ame4lia's to provide security.
2. Ame!!ia's is located directly on University Avenue. To the west on fhat block
is Antiques Minnesota. To the east side of Amellia's is a parking lot and the Midway
Cas Wash. i o ihe north sicle is an ailey, with some parking and a dumpsier. Four
extemai video cameras have been in place on the building for approximately six years.
One camera prov+des a view of the front door on the south side of the 6uilding, one
camera observes the north side around the back door of Arneifia's (near the dumpster),
and the other two cameras provide different angles of the parking lot on the east side of
the building. Signs posted on the buiiding state that video surveifiance is being
conducted. The v+deo cameras send images to a monitor, wh+ch displays a picture for
each camera together on the same screen.
3. The area in the vicinity of ArneNia's is subject to frequent police ca11s and
significant levels of crime. To address these neighborhood prob(ems and prevent any
exacerbation of those probfems, Arnellia's operates ifs business under a number of
restrict+ons that have been in place for years.' These restrictions include imposing a
dress code on customers, requiring picture ident�cation, banning individuals from the
prem+ses, screen+ng music played on the premises for inappropnate content, using a
metal detector to exclude weapons form the premises, and providing security to ensure
orderly bel�avior on the premises.
4. ln May, 1999, a man was shot and killed while in a car parked in front of the
Midway Car Wash? In response to that killing, management at ArneHia's met with the
Sai�t Paul Police, LIEP, and community representatives to determine what additional
efforts couid be made to address violent acts in the vicinity of Amellia`s. fihe Licensee
agreed to add taping equipment to its existing video survei{lance system. This
additionaf condition became effective on July 8, 1999 and states:
Licensee hoider wil{ maintain in good working order at least 4 video
surveiilance cameras on the exterior of the buiiding to constantiy monitor
the exterior of the premises. Tapes must be maintained for 7 days.
5. After agreeing to the conditions regarding the video surveiilance system, a
manager at Arnellia's developed a system to be followed fior taping. The first tape of the
' The entire list of restrictions, identified as conditions on Arnellia's license, is attached as Appendix A.
The iist of conditions includes the subsequently agreed-to c,�nditions regarding the video cameras.
Z Midway Car Wash is located at 1169 University Avenue.
3 Exhibit 2.
2
day wouid be stasted when the establishment was opened for bus+ness, around noon
each day. When that tape ran out, another employee inserted the second tape. That
taQe wouid record until after closing. Tapes were kept for a week and then reused for
taping_
6. {n August, 1899, Arnellia Alien discovered that one of the four surveiilance
cameras was not working properly. Tiie camera operated properly in day{ight, but did
not reium a clear image at night 4 The contractor who initially installed the system, Earl
AI4en, was contacted in early Augusf, and he examined the system approximately one
week later. Tfie contsactor conciuded that a new camera was required and it was
ordered from the manufacturer in Caiifomia. .ferry Aflen paid the contractor to order the
came�a C�i QU9USi 1?, ?�Q9. Th? date that the camera �a;as orc! 5�j }iI �ort:ra tS
unknown.
7. The camera was delivered to Amell+a's in early September. The contractor
was notified that the camera had arrived.
8. On September 23, 1999, a shooting incident occurred in the alley behind
Arneliia's. Sergeant Munoz of the Saint Paul Police Department went to Arneilia's to
obtain the videotape of the image+y captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for tfiat evening. Larry
Ailen had forgotten to put in tne second tape on that day.
9. Ameflia's responded to the faiiure to tape by modifying its system of taping.
Longer duration videotape was puschased, the employees responsibie for the system
were instructed to make certain that a tape was in the machine, and the system of
reTaining videotapes was modified.
10. On September 30, 1999, the Saint Paul City Attorney's Office issued a
IVotice of Violation to Amellia's. The Notice +ndicated that on September 23, 1999, the
Licensee failed to have its video cameras on and taping and that constitutes a violation
of the video surveiilance condition on Arneliia's license. No citation was made in the
NoUce of Vioiation to what provision of the Saint Paul Legislative Code was alieged to
have been violated and no suggested penalty was indicated.
11. On October 7, 1999, Larry Allen was working the evening shift at
Amellia's. At about 8:00 p.m., Larry Ailen switched the videotape tor the tape that had
been recording since Arnellia's opened that moming. When he activated the video
recorder, he inadvertentiy pressed the "play" button rather than the "record" butto�.
12. Near midnight on October 7, 1999, an altercation began beiween patrons
in Arneliia's. Those participating in the altercation were removed from the premises.
The dispute continued outside and someone fired shots. A car struck and kilied a
4 The image returned by that camera at night wouid only show objects with their own illumination, such as
automobiie headlights and taiilights.
5 Ead Aflen is no reiation to Arneflia Allen, Jerry Allen, or Larty Allen.
6 Exhibit 5.
3
pedestrian in the middle of University Avenue at that time. A large number of officers of
the Saint Pauf Police Department responded to the scene.
13. Larry Allen had been observing the incident outside Ameilia's. He went in
to check on the videotape system and noticed for the firsf time that evening that the
recocder had been set to play, rather than record. He immediately stopped the tape and
began recording. An officer of the Saint Paui Po{ice Department entered a few minutes
later and requested the videotape. Larry Allen gave the officer the videotape.
14. In mid-October, the contractor retumed to Amellia's and instailed the new
camera. The instal(ation of the new camera aliowed nighttime images from a second
ang{e in th� parking !ot to �e recosded �n tl�e �lGR.
15. As a result of the October 7 error in operating the VCft, Arnellia's again
modified how the videotaping system was to operate. A three-week rotation ofi
videotape was instituted. Each staff member at Amellia's was insYructed to check the
operation of the VGEt throughout the work shift. Any staff member observing anything
unusuaf about the monitor or VCR is instructed to report to the manager on duty.
16. On November 10, 1999, the Saint Paul City Attomey's Office issued a
Notice of Second Violation to the Licensee. The Notice stated that on October 7, 1999,
Arnetlia's failed to have its video cameras on and taping and that constitutes a violation
of the video surveillance condition on Ame!(ia's license.' No citation was made in the
Notice of �olation to what provision of the Saint Paul tegislative Code was a{leged to
have been vioiated and no suggested penaity was indicated.
17. On December 15, 1999, the Assistant City Attorney, Virginia D. Palmer,
issued a Notice of Hearin� in this matter. The Notice of Hearing identified the hearing
date as January 26, 1999.
18. The misidentification of the date of the hearing in the notice of this matter
did not cause any confusion for Licensee. Licensee was not prevented from fiuily
participating in the hearing due to fhe erroneous date.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSiONS
1. The Administrative Law Judge and the Saint Pauf City Counci4 have
authority to consider the charges against the respondent and the penaity, if any, that
should be paid the city pursuant to Sec. 310.05 of the St. Pau( Legisiative Code.
' Exhibit 9.
8 Exhibit 10.
C!
2. LIEP has substantiaily complied with al{ relevant substantive and procedural
legal requirements.
3. The Licensee received adequate and timely notice of the hearing and of the
charges against it.
4. L1EP has the burden of proof to estabiish, by a preponderance of the
evidence, that the respondent violated the conditions ofi its licensure.
5. The Licensee is in substantiaf compfiance with t�e conditions of its license
through the installation and operation of a videotaping system attached to its video
surveillance cameras. The failure to record the images captured by the video
surveillance cameras outside the licensed premises on September 23 and October 7,
'1999, was inadvertent by the Licensee.
6. The efforts made by the Licensee to repair the malfunctioning camera
compiied with the condition that four video cameras be "maintained in good woricing
order" outside the business premises.
7. There is no basis for taking adverse action against the �icensee under
Sections 310.06(b)(5) and 409.10 of ihe Saint Paui Legisiative Code for the operation of
its video surveillance system.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
foilowing:
REGOMMENDATlON
IT IS HEREBY RECOMivIENDED: That the Saint Paul City Council diSMISS the
action against the licenses held by Metro Bar & Griil, Inc.
Dated this � day of April, 2000
��� 1�I �`-�Y�.ei• �:.�,, �
PHYLLI A. REHA ;�'���—
Administrative Law Judge
Reported: Taped, three tapes
MEMORANDUM
Three incidents of violence are the motivation for bringing this action against the
Licensee. A kiiling in May, occurring in front of the business next door; a shooting in
September, occurring in the ailey behind the business; and a shoot+�g in October,
ti
resulting in a pedestrian being struck by a car and killed. There +s no evsdence in the
record of this matter that any of these incidents took place on the licensed premises 9
In response to the May kiliing, the conditions under which Arnellia's operates
were reconsidered. Conditions regarding video surveiilance were added. The language
of the new condition itself is ambiguous, since that language does not expressly require
that the imagery captured by fhe exterior video surve+llance cameras be recorded.
There is no disQute, however, that bofh LIEP and Amellia's understood the condition to
require the addition of a VCR and recording the imagery from those cameras.
The record in this matter is clear that Arnellia's impiemented the new requirement
consistent with its agreement. At first, tapes of six and eight hours in duration were
use�' to co��er the �au�t°°n ho!;rs per da� thai �meUia's s o�2n. F,°er a�erioa cf trial
and error, Amellia's discovered that additionaf time was needed to ensure that the
videotaping covered the entire time the estabiishment was open. Arnellia's then
switched to two eight-hour tapes per day. During this period sfafF discovered, also by
trial and error, that the extended play option must be selected to ensure that the eight-
hour tape covers all eight hours.'� No one at Arnellia's was able to set the date and
time feature on the VCR.
The second act of violence near Arne4lia's was a shooting that took place in the
alley behind the building on September 23, 1998. The victim in that incident was struck
in the foot. The Saint Pau1 Police sought the videotape from that evening to essist in
their investigation of the incident. There was no tape from that evening, since Larry
Allen had fiorgotten to put a tape in the VCft. ArnelVia's responded to the error by
reviewing the system that had been established for videotaping, adjusting that system to
ensure that the VCR was being activated at the appropriate times, and reminding the
responsible employees that the taping was a requirement.
The third act of violence occurred on October 7, 1999. At approximate(y 8:00
p.m. on that date, Larry Allen changed the videotape in the VCR for the evening. He
inadvertent{y pressed the wrong button on the VGR after inserting the new tape.
Around m+dnigfit, an altercation started in Arnellia's. in accordance with the
establishmenYs policy, the participants were ejected from Amellia's. Those persons
co�tinued their dis�uSe cutside and shots �vese fired. A cer ±.hsr: s±r�_ck a�ed�strsas? 'sn
University Avenue and that pedestrian was kifled.
After seeing the events outside, Larry Allen went to check on the VCR. At that
time he discovered that it was in "play" mode, rather than "record" mode. He
immediately began recording. At the hearing in this matter, Larry Alien acknowledged
his mistake.
LIEP maintains that viofation of any condifion is sufficient to take adverse action
against Arneliia's license. The serious consequences on September 23 and October 7
are asserted to be justification for a penalty of sixty days suspension. Amellia's points
9 Several witnesses suggesYed that the automobile striking the pedestrian was exiting Amellia's parking
lot.
i0 Whiie Co�dition 11 states that the cameras must monitor the exterior continuousty, botfi Amellia's and
LfEP understood the taping requirement to be only during business hours.
" The othes option, standard play, provides better video quality but much shorter duration.
�
out that there is no evidence that any videotape from either evening wouid have
prevented the fncidsnts or materially aided the Saint Paui Poi+ce in their subsequent
invesfigations.
Section 310.06(b)(5) authorizes adverse acfion be taken against a licensee when
the licensee fai4s to comply with any condit+on of the license. Section 409.10 sets out
the standards to apply in adding conditions to licenses as follows:
Sec. 409.10. Restrictions on ticenses.
When a reasonable basis is found by the council to impose reasonabie
restrictions upon a license held under this chapter, the councii, upon
issuing a new license or renewing a license or aoproving a transfer of a
iicense, may impose reasonable conditions and restrictions pestaining to
the manner and circumstances in which the business shall be conducted
to preserve the pub{ic peace and protect and promote good order and
security. These reasonabie conditions or restrictions may pertain to:
(1) A limitation as to the hours when intoxicating liquor may be sald and/or
consumed on the licensed premises;
(2) A limitation and restriction as to the exact location within a buiiding
where intoxicating liquor will be served and/or sofd andlor consumed;
{3} A fimitation and restrict9on as to the means of ingress to or egress from
the licensed estabiishment;
(4) A requirement that certain ofF-street parking facilities be provided;
(5) A condition that the license wilf be in effect only so tong as the
establishment rema+ns a drugstore, restaurant or hotel as defined by the
state liquor act or regulations adopted pursuant thereto;
(6) A limitation and restriction as to the means and methods of advertising
the safe of intoxicating iiquor on the buiiding andlor on the premises
adjacent thereto;
(7) Reasonable conditions fimiting the operation of the licensed premises
so as to ensure that the licensed business wiil comport with the character
ot the district in which it is focated andJor to the end that nuisances wili be
prevented; and
(8) Additional conditions upon hoteis and restaurants whicli may in the
discretion of the council tend to insure that the sale of liquor wiil take place
only in conjuncYion with the sale and sesvice of food.
The one repeated standard throughout the section is that any condition imposed
on a licensee must be "reasonabie". The condition at issue in this matter falls under
item 7, which is the imposition of "reasonable conditions limiting the operation of the
licensed premises .., to the end that nuisances wil] be prevented."' Adverse action can
certainly be taken against a licensee for any unreasonable faiiure to meet a condition
' Saint Paui Legislative Code Sec. 409.10.
7
requiring videotaping. Conversely, where a iicensae has a seasonable excuse for that
failure, adverse action is inappropriate.
In each instance where the videotaping system was found to be fauity, action
was taken by Amellia's to improve the system. VCRs are not "fool-proof' technology,
and gaps in recording are inevitabie. The Licensee has demonstrated substantiai
campl+ance with the Iicense condition and the two instances of noncompliance were
inadvertent. The degree of ongoing compliance is demonstrated by the other material
on the tape provided to the Saint Paui Police Department on October 7, 1999.'
LtEP asserts that violations of the license condition are estabiished by the failure
of Arneflia's to snsure that the carrecY date and time are imprinted on the recording.
TFe;e is no such requirerent in the conditions establishad �or Ameliia`s. Adverse
aation cannot be taken against the Licensee for fai(ing to properly set the date and time
of the VCR, absent some understanding that such conduct is required.
Having one video camera malfunction is aiso cited by LIEP as a violation of the
license condition. The obligation in the license condition to "maintain in good working
order" four video survei0ance cameras assumes that the technology wiA periodically
malfunction and need to be fxed. The measure of compliance is not whether any of the
cameras are broken, but whether prompt action is taken to repair them. In this matter,
the Licensee was prompt and a contractor was diiatory. The Licensee met the
requirement that the video surveiilance system be maintained.
' This standard of conduct is reflected in other license actions invoiving entertainment estabiishments.
For example, in assessing whether adverse action was appropriate where female dancers "went topless"
without a bar owners knowledge, Administrative Law Judge Peter Erickson stated:
This case is not so much one where critica! issues of fact must be determined, but rather one in which
the pena{ty must be appropriate to the violation. This case would be much different if, whea Mr.
Jensen had seen that the dancers were topiess, he fiad immed'sately taken acYion, wfiether or
not successful, to curb the topfess activities. However, Mr. Jensen decided that he could do
nothing at fhat time and it was not until after Officer Nohr became fnvolved that Mr. Jensen put an end
to the topless behavior. Additionally, Mr. Jensen could have instructed his bouncers and other
emp;oyees regar�ing the lavd an rudiry and toid �hem to an�orca the prah�bition if ar,y of the dancers
decitied undress. Atthough Mr. Jensen was not aware that the show wouid be topless, he is not
biameless for the resuiting nudity wfiich continued until after Officer Nohr arrived. fiowever,
Mr. Jensen's good faiih efForts to ensure that the show would not be topless before ever
booking it should be given great weight.
City of Coleraine v. Har/ey Jensen, d/b/a Ha�ley's Huf /l, OAH Docket No. 4-2101-5430-6
(Recommendation issued Aprii 23, 1991)(emphasis added).
14 The time stamp on the tape psovided '+s October 3�, 1989, and that tape-records the en6re evening's
events outside of Amellia's. With the rotation of tapes described by Ameffia's, the next time stamp that
wouid be imprinted on that particular tape is November 7, 1989. At aboui the middfe of the tape
(approximately four hours at extended play), the scene changes to the events on October 7, 1999, and
the time stamp changes to November 7, 1959. The new date and imagery lasts onty a few minutes,
which is consistent with the potice officer receiving the taQe that night These facts support the testimony
04 Larry Aifen that the tape was +nserted accarding to the procedure, but that the "play" button was
inadvertentty pressed.
' As discussed above, the language of the iicense condition fails to expressfy require taping, much less
requiring accurate time stamps. There was no understanding beiween Amellia's and LIEP that the VCR
must imprint an accurate time stamp to meet the license condition.
0
Robert Kessler, Direcfor of LIEP, testified that the purpose of the video
surveillance iicense condition was:
This establishment attracts people that (sic) are prone to vioience. And
that we have a responsibillty to do everything we can to prevent that from
happening. And the conditions were designed, especiaily with the
conditions in regard to the cameras, to send a message to those people
that practice violence fhat they will be watched and that we wiil have
tecords that will protect the public. Because of the lack of good
management Qractices at that establishment, those records are not
avai{able and { th+nk as a result, the message is that they can get by with
these kine�s ef acts at Yhaf estabrshment withcu� having pay :he price.
There is no way for anyone outside the establishment to know whether
videotapes are being recorded at any particular moment. The video cameras and signs
warning about surveillance are promi�ently displayed. Each of the three incidents that
prompted aetion concerning the Licensee occurred off of the licensed premises.
Possession of a business license does not grant police power to controi the actions of
persons outside of the {icensed premises. The purpose of "sending a message" to
persons outside the control of fhe licensee is accompiished by the visible indicia of
video surveiliance.
The efForts made by Ameflia's to prevent a nuisance condition in the vicinity of its
business are reasonab4e. Maintaining videotape generated by surveiflance cameras
does not refate to the ongoing business of the Licensee, but mere4y aids in the
subsequent investigations by police. The inadvertenf faiiure, on two occasions, to
record the video camera imagery from outside the premises does not rise to a failure to
comply with the conditions on Amellia's iicense. The actions taken to repiace a
maifunctioning camera were reasonable. Arnellia's has demonstrated by a
preponderance of the evidence that it was in substantial compliance with its license
conditions. LIEP failed to demonstrate that Arnellia's has failed to comply with the
condifions on its iicense. Therefore, the Administrative Law Judge recommends that
this matter be DISMISSED.
..-
76 Hearing Testimony, Tape 1
�
Appendix A
EFFECTIVE 07/08/99:
1. Dress Code: Amellia's agrees to continue to enforce a dress code for customers
designed specificaliy to prevent patrons or customers from concealing weapons or
contraband inside baggy clothing or wearing gang affiliated coiors.
2. Adherence to Strict tdentfication Requirements: Amelfia's wiif require proper picture
identification finm anyone who appears to be younger than 30 years old. Those without
proQer identification shait be denied entrance.
3. increase Communication with Police and Neighbors: Ameliia's shali initiate and
maintain reguiar communication with the west sector team police commander or his
designee, and licensing officiais, Christine Rozek and Kristina Schweinler. Meetings
shaii inciude neighborhood organizations to the extent oossib!e.
4. Control Music Type and Format Amellia's shail continue to be responsible for
screening out music that promotes or glorifies violence and nefarious or anti-social
behavior.
5. Amellia's management and security personnel will insure that patrons do not leave
enmasse, but rather, management and secuirty wiil encourage patrons to leave in an
orderly and conVolled manner between 12:30 a.m. and 1:15 a.m.
6. The public teiephones shall not allow incoming calis, nor any calis to or from electronic
beepers or pagers.
7. Amellia's shafl maintian a list of aIl patrons who have been banned from the
establishment, and this list shali be strictly enforced by Arneliia's. Such list shail include
proper identification of that person, photograph and a notice of trespass. This notice
shoufd be in tripficate with one copy going to eacfi of the foliowing: 1) Maintained by the
establishment; 2) UEP; 3) the individual being hanned. Once banned, a person wiil
remain banned for a mi�imum of one year. Ameillas will cooperate with police in filting
out trespass notice(s).
8. Ameliias shall continue to provide security personnei to promote the orderly behavior of
patrons on and leaving the premises. The premises shall include the area immediately
adjacent to the establishment. Special attention will be paid to encouraging patrons to
leave the area.
9. AII employees and security personnel information shall be provided to LIEP for .
background checks.
10. Amelila's wiil empioy the use of a metal detecting devices to ensure there are no
weapons on the pcemises.
11. Licensee holder will maintain in good working order at Ieast 4 video surveillance cameras
on the exterior of the building to constantlV monitor the exterior of the premises. Tapes
must be maintained for 7 days.
12. A video surveiilance camera shali be maintained in good working order in the interior of
the establishment to monitor customers as they enter the estabiishment. Tapes must be
maintained for 7 days.
13. Signage sfiall be posted on the exterior of the buiiding to notiTy patrons that the area may
be under video surveillance.
14. Security personnet will be on duty daiiy from 8:00 p.m. untii closing.
15. Back door wiil remain locked after 5:30 p.m. to prevent entry.
16. The licensee wiil lock the door of the establishment at 12:30 a.m. No additional patrons
will be allowed antry after that time.
17. Condifions reviewed at renewal.
10
OFFSC=' TFIE CITY ATTORNBy
Ctayton, obinson, Ja, GryAnorney
CITY OF SAINT PAUL
Nomr Coltmart, bfayor
�r
December 15, 1999
civit Divisiort
JDO City Hatt
15 3Yesr Re11ag� Bh•d
Saint P¢u!, A/innesofa SSIO?
NOTICE OF FIEARING
Ameilia Allen
Arnellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by i�ietro Baz & Grill, Inc. d/b1a Ameilia's
for the premises at i 183 University Ave. in St. Paui
License ID �: 54523
Dear Ms. A11en:
Teleplione: 651 ?6G.3; IO
Farsrixi(e: 657198-5619
Piease take notice that a hearing will be held at the followin� time, date and place concemin� all
licenses for the premises stated above:
Date: Wednesday, January 26,1999
Time: 9:30 a.m.
PIace: Room 41
Saint Paai City Hall
15 West Kelloge Bouievard
Saint Paul, Minnesota S�IO2
The hearing will be presided over by an Administrative Law Judge from the State of �rtinnesota
Of#ice ofAdministrative Hearings:
Name: Phyllis A. Reha
Office of Administrative Hearings
I00 �Vashinb on Square, Suite 1 i00
Nlinneapolis,l'IN. SS4p1
Telephone: (612) 341-7602
� �
Grill, Inc. d/b/a Arnellia's
— City's Exh. # 10 —
�� The Council ofthe Cify of �_.nt Paul has the auihoritp to provide for nearin�s coaceming licensed
premises and for adverse acTion a�ainst such licenses, under Chapter 3 I0, inctudin� sections 310.05
and 310.06, of the Saint PauI Legislative Code. In the case of licenses ior intosicatin� and non-
intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.�15. Adverse
action may include revocation, suspension, fines and other penaities or conditions.
Evidence �vil] be presznted to the judge �c may lead to adverse action aQainst a11 the licenses you
hold at the above premises as iollows: `
On September 23,1999 there �vas a shooting outside of Arnellia's,
near the alIey on the tirest side of the bvilding. Saint Paul police
officers ��•ent fo the bar later thaY day to recover tapes from the
video surceillance cameras to assist the police in identifi•ing the
suspecfs in the shooting. Officer Sohnson tivas informed by the
o�vner that therewas no camera near the area in question. When
asl:ed if police could revie�c the other camera tapes, the o�vner
stated that the cameras �cere not taping at the time of the
incident. There is a condition on the licenses that the License
hoIder must maintain "in good tivorking order at least four video
survelllance cameras on the etterior ofthe building to constantly
monitor the exterior of the premises. Tapes must be maintained
For 7 days." Failure to have the video cameras on and taping on
September 23, 1999 is a��iolation of the condition.
On October 7, 1999 there ti�•ere shoYs fired outside of ArneIlia's,
and an individual tivas run down in the parking lot and l:illed.
Saint Paul police officers obtained the tapes from the video
surveillance cameras to assist the police in inti�estigating the
incident. SeveralmembersofthehomicideLTnitzvatchedthetape
provided, and it �vas apparent that a large portion of the events
from October 7, 1999 are not on the tape. It appears that the
seeurity cameras were not acEivated until after the incident in
which the person was I:illed, as the first thing from the date in
quest9on is the arrival of the squads called to incestigate.
Additionaliy, the times and dates on the tapes mal;e no sense, and
the iYems being viewed in the specific sun�eilIance areas covered
by the various cameras shift abrupth�. There is a condition on the
licenses that the License hoIder must maintain "in aood icorl:ing
order at least four video surceillance cameras on the e�terior of
the building to consYantly monifor the exterior of the premises. �
Tapes must be maintained for 7 da}•s." Failure fo have the video
cameras on and taping af all times on October 7, 1949 is a
violation of the condition.
Notice oi f��aring - page 2
� You have the right to'be s��,resented by an attomey before and du�,�ig the hearin�, or you can
represent yourself. You may also have a person of your choice represent you, to the extent not
prohibited as unauthorized practice oflaw.
The hearing �vili be conducted in accordance with the requirements of tifinnesota Statutes sections
14.�7 to 14.62 and such paris of the procedures under section 310.0� of the Saint Paul Leeislative
Code as may be applicable. `
At the hearing, the Administrative Law Jud�e �vill have all parties identify themsztves for the record.
The Ciry cvill then present its t�ztnesses and evidence, each of �vhom the licensee or attorney may
cross-examine. The licensze may then offer in rebuttal any witnesses or evidence it may tic ish to
present, each of �vhom the City's attomey may cross-examine. The Administrati� e La�v Judse may
in addition hear relevant and material testimony from persons not presented as �vitnesses b5� either
party who have a substantial interest in the outcome of the proceedin�; for eYample, the o«�ners or
occupants of pzoperty located in close prosimity to the licensed premises may have substantial
interest in the outcome o£ the proceedin'. Concluding azguments ma}• 6e made 6y the parties.
Following the hearin�, the Jud�e will prepaze Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
You should bring to the hearin� all documents, records and witnesses you �vill or may need to
suppott your posiCion. Subpoenas may be available to compel the attendance of witnzsses or the
production of documents in conforsnity �vith Minnesota Rules, part 1400.7000.
if you think that this matter can be resolved or settled without a foranal hearino, please contact or
have your attorney contact the undersi�ned. If a stipulation or a�reement can bz reached as to the
facts, that stipulation tivill be presented to the Administrative Law 3udse for incorporation into his
or her recommendation for Council action. y
If you fail to appear at the hearin�, your ability to challenge the allegations �vi11 be forfeited and the
allesations a�ainst you cvhich have been stated earlier in this notice ma}' be taken as true. if non-
public data is received into evidence at the,hearin�, it may become public nnless objection is made
and re(ief requested under Minnesota Statutes, Section 14.60, subdivision 2.
If you have any questions, you can call me at 266-8710.
Very tnzly yours,
i \ �� /�
�_��It c�,._.c,ci 1� �--t' �x.c-i
Vir�inia D`. Palmer
Assistant City Attomey
cc: Arlazk VauQht, Suite 700, Six W'est Fifth St., St. Paul, �' SS1D2
Nancy Thomas, Office of Administrative Hearin�s, 100 �Vashington Square, Snite 1700,
l�ipls, NIN »40i
Notice of Heariag - Paae 3
_ , _ --,
Nancy Anderson, fvsistant CounciI Secretary, 310 Ciry Hatl
Robert Kessler, Director, LIEP
Christiae Rozek, LIEP
Cathy Lue, Community Organizer, Hamline Mid�vay Coalition,1564 Lafond Ave., St. Paul,
i�IN 55104
Notice of Hearing - Pag c
STATE OF MINNESOTA
COUNTY OF t'2AMSEY
ss.
AFFIDAVIT OF SERVICE BY MASL
JOANNE G. CLEMENTS, being firsL duly sworn, deposes and says
that on December 15, 1999, she served the attached NOTrCE OF
AEARING on the following named person by placing a true and correct
copy thereof in an envelope addressed as foliows:
Arnellia Allen
Arnellia's
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of sa
same, with postage prepaid, in the Un}
Minnesota. /
) and depositing the
s mails at St. Paul,
G
Subscribed and sworn to before me
this 15"' day of Dece�er, 1999.
tary Publi
PETEA P.PANGB4RN
NOTARY PllBLfC — M{N�ESOTA
dy Comm Expues Jan.31.200;
OFFICF ' THE CITY ATI'ORNEY
Clay(on,41..,obiraon, Jr., CiryA[torney
CITY OF SAINT PAUL
Norm Coleman, Nfayor
Civi1 Division
400 Ciry Hall
IS IV¢s[Ke[loggBhd
Suint Paul, .Lfenneso[a SSIO?
Telephane: 651 266-8970
Facsimile: 651 298-S6T 9
September 30, 1999
NOTICE OF VIOLATTON
Amellia Allen
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: A11 licenses hetd by Metro Baz & CTri11, Inc. d!b/a Arnellia's
for the premises at 1183 I3niversity Avenue
License ID #: 54523
Dear Ms. Allen:
The Director of the Office of License, Inspections and Environmental Protection has
recommended advexse action against all licenses heid by Metro Bar & Grill d!b/a Amellia's for
the premises at 1183 University Avenue. The basis for the recommendation is as follows:
On September 23,1999 there was a shooting outside of
Arneilia's, near the alley on the west side of fhe building. Saint
Paui police o�cers went to the bar later that day to recover
tapes from the video surveillance cameras to assist the police in
identifying the suspects in the shooting. Officer Johnson was
informed by the o�vner that there was no camera near the area
in question. When asked if police could review the other
camera tapes, the owner stated that the cameras were not
taping at the time of the incident. There is a condition on the
licenses that the License ho(der must maintain "in good
working order at least four video surveillance cameras on the
exterior of the building to constantly monitor the eaterior of
the premises. Tapes must be maintained for i days." Failure
to have the vadeo cameras on and taping on September 23,
1999 is a violation of the condition.
� S
�
� Grill, Ine. d/bfa Arnellia's �
City's Exh. # 5
Page 2
Amellia Allen
September 30, 1999
If you do not dispute the above facts piease send me a letter with a statement to that effect. The
matter wili 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 appeaz there for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearin�
before an Administrative Law Judge (AL�. Tf you wish to have such a hearing, please send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so
you wi11 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 Monday, October li, 1999, how
you would like to proceed. If I have aot 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 St. Paul Cify Council. '
If you have any questions, feel free to call me or have your attomey call me at 266-8710.
Sincereiy,
` ��r�c, f
U
Virginia D. Palmer
AssistanY City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Orgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATE OF MINNESOTA
COUNTY OF :2�MSEY
ss. AFFIDAVIT OE SERVICE BY MAIZ
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on October 1, 1999, she served the attached NO:ICE OF
VIOLATION on the =ollowing named person by placing a true and
correct copy thereof in an envelope addressed as zollows:
Arnellia Allen
Arnellia`s
1183 University Avenue
SC. Pau1, MN. 55104
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn to before me
this 1st d� of O�tob�, 1999.
� ( ./ / �� PETER P. PANG80RN
� NOTAAY pUBUC - MINNFSOTA
� =� Mv omm, Expires dan.3t, 2co�
Notary Pub ; �c •`^`^^^�,,,,,,____
OFFICF ^F THE CITY ATTORNEY
Clay�on 1. ibinson, Ja, Ciry Attorney
CITY OF SAINT PAUL CivilDivision
Norm Cafeman, 3fayar 400 Ciry Xal1 Telephone: 651 266-8i70
ISiVestKe!loggBlvd Fauimile:651298-5619
Saint Paul, bfinnesata 55102
i
November 10, 1999
NOTICE OF SECOND VIOLATION �
Arnellia Allen
Arnellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Baz & Grill, Inc. d/b/a Arnellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Dear Ms. Allen:
The Director of the Office of License, Inspections and Environmental Protection has
recommended adverse action against all licenses held by Metro Bar & Grill d/b/a Amellia's for
the premises at 1183 University Avenue. T'he basis for the recommendation is as follows:
On October 7,1999 there were shots fired outside of Arnellia's,
and an individual was run down in the parking lot and kiIled.
Saint Paui police officers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. Several members of the homicide Unit �vatched the
tape provided, and it was apparent that a large portion of the
events from October 7,1999 are not on the tape_ It appears
that the security cameras were not activated until after the
incident in which fhe person was killed, as the first thing from
the date in question is the arrival of the squads called to
investigate. Addifionally, the times and dates on the tapes
make no sense, and the items being viewed in the specific
surveillance areas covered by the various cameras shift
abruptly. There is a condition on the licenses that the License
holder must maintain "in good working order at least four
video surveillance cameras on the exterior of the building to
constantly monitor the exterior of the premises. Tapes must be
maintained for 7 days." Failure to have the video cameras on
and taping at ail times on October 7, 1999 is a violation of the
condition.
� �
_ Grill, Inc, d/b/a Arnellia's
City's Exh. # 9 —
Page 2
Amellia Allen
November 10, 1999
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 oppomuiity to appear and speak on your own
behalf, or to have someone appeaz there for you.
On the other hand, if you wish to dispute the above facts, I �vill schedule an evidentiary hearing
before an Administrative Lacv 7udge (A.L�. If you wish to have such a hearing, piease send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so
you �vill know when and where to appeaz, and what the basis for the heazing will be.
In either case, please let me knorv in writing no late than Monday, November 22,1999, how
you would like to proceed. If I have not heard from you by that date, I will assume thaf
you are not contesting the facts. The matter wlll then be scheduled for the hearing before
the St. Paul City Council. '
If you have any questions, feel free to call me or have your attomey call me at 266-8710.
Sincerely,
��� ���
Virginia D.�
Assistant City Attomey
cc: Mazk Vaught, Suite 700, Six West Fifth St., St. Paul, M�155102
Robert Kessler, Director, LIBP
Christine Rozek, LIEP
Cathy Lue, Community Orgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATE OF MINNESOTA
COUNTY OF RAMSEY
ss. AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on November 10, 1999, she served the attached NOTICE OF
SECOND VIOLATION on the following named person by placing a true
and correct copy thereof in an envelope addressed as follows:
Arnellia Al1en
Arnellia's
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the Un' tates mails at St Paul,
Minnesota. � ��� .
Subscribed and sworn to before me
this lOth day_ of Noyembe�, 1999.
ER P. PANGSORN
NOtaY'}� PUI�IIC � �J NOTARYPUBLIC-MINPJESCTA
° My Comm. FXpires Jan. 31, 2C0
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Griil, Inc., d/b/a Arnellia's,
Petitioner,
vs.
WRIT OF CERIORARI
COURT OF APPEALS
FILE NO: �— CX� — I� 5 �
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COUNCIL FILE NO. 00-585
DATE OF DECISIOiV:
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
JUNE 27, 2000
TO: The City of Saint Paul and the City Council of the City of Saint Paul:
You are hereby ordered to return to the Court of Appeals within ten (10)
days after the date realtor's brief is due the record, exhibits and proceedings in the
above-entitled matter so that this Conrt may review the decision of the City Council
issued on the date noted above.
Copies of this Writ and the accompanying Petition shall be served forthwith
either personally or by mail upon the City of Saint Paul as follows:
City Clerk
170 City Ha11
15 West Kellogg Boulevard
Saint Paul, Minnesota 551�2
And upon the attomey for the City of Saint Paul as follows:
Virginia Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Boulevard
saint Paul, Minnesota 55102
Proof o1'service shall be filed with the Clerk of the Appellate Courts.
Clerk of Appellate Courts
� �..
Dated: July _, 2000
gy;��'� �`��Z� a�,4
Assistant C?er?c
(Clerk's File Stamp)
2
STATE OF MINNESOTA
IN COURT OF APPEALS
Mefro Bar & Griil, Inc., d/b/a Arneitia's,
STATEMENT OF THE CASE
Peritioner, OF PETITIONER
vs.
COURT OF APPEALS
FILE NO.
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COUNCIL FILE NO. 00-585
DATE OF DECISION:
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
NNE 27, 2000
1. Court or a2encv of case ori�ination and name of presidin� iud¢e or hearine
officer.
City Council of the City of Saint Paul
Dan Bostrom, President and Presiding Officer
Phyllis A. Reha
Administrative Law Judge
2. Jurisdictional statement.
B. Certiorari appeal.
There is no specific statute or appellate rule conveying jurisdiction.
However, the Court by decision has established the procedure to be
followed in matter such as this. A party seeking to obtain judicial
review of a quasi-judicial decision of a city council must proceed by
petition to the Court of Appeals seeking a writ of certiorari. Micius
vs. St. Paul Citv Council, 524 N.W.2d 521 (Minn.App.1994). See
aiso, Neitzel vs. Countv of Redwood, 521 N.W.2d 73 (Minn.App.
1994), pet. for rev. denied (Minn. 1994) and Town of Honner vs.
Redwood Countv, 518N.W.2d 639 (Minn.App.1994), pet. for rev.
denied (Minn. 1994).
C. Other appellate proceedin�s.
With respect to the Motions regarding a stay of enforcement of the
license suspension, jurisdiction of the Court of Appeals is established
by Minnesota Statufes Section I4.65.
3. Tvpe of liti2ation and desienate anv statutes at issue.
This matter involves adverse action taken by the City of Saint Paul against
the Petitioner, the holder of certain licenses, including on sale liquor licenses,
issued by the City. The adverse action was taken pursuant to 1Vlinnesota
Statutes Section 340A.415 and Saint Paul Legislative Code Chapters 310 and
409.
4. Brief description of claims, defenses, issues liti�ated and result below.
Respondent sought to take adverse action against Petitioner based on two
incidents occurring, respectively, on September 23,1999 and October 7,
1999, during which the Respondent alieged Petitioner failed to comply with
Condition No. ll on its licenses which reads "License holder will maintain in
good working order at least 4 video cameras on the exterior of the building to
constantly monitor the exterior of the premises. Tages must be maintained
for 7 days."
After Notices of both violations were issued, a hearing was held before an
Administrative Law Judge on January 26, 2000.
At that hearing Respondent maintained that with respect to the September
23,1999 incident, Petitioner failed to insert a tape into the videocassette
recorder and that said conduct constituted a violation of the condition.
Petitioner defended against the allegation by presenting testimony that the
camera most likely to have captured the incident in question ontside the
estabtishment Fvas broken. Petitioner further maintained tke non-
functioning nature of the cameras had been discovered in August,1999; a
new camera had been ordered and had not yet been installed by a third party
contractor at the time of the incident. Petitioner produced a check dated
August,1999, in payment of the cost of the new camera.
With respect to October 7,1999 incident, Respondent maintained that the
camera system was not properly recording and therefore there was no record
of an incidenf which potentially occurred within the view of one of the
cameras and that said conduct violated the condition. Petitioner defended
against allegation by presenting testimony from an employee that he had
inadvertently pushed the play button rather than the record bntton when
loading a tape into the recorder earlier itt the day. He further testified when
2
he discovered, as the incident outside unfolded, that the system was not
taping, he immediately switcbed the play button to record in an attempt to
record whatever information he could.
After listening to an entire day of testimony and having the benefit of further
submissions from the parties, the Administrative Law Judge issued her
Findings of Fact, Conclusions of Law and Recommendation on April 4, 2000.
In her decision, Judge Reha found that the actions of the Petitioner on both
dates were reasonable and any failure with respect to the surveillance system
was inadvertent or attributable to a third party not under Petitioner's
control. She recommended that the City Council dismiss the adverse action
against the Petitioner.
The City Council considered the report of the Administrative Law Judge on
May 3, 2000. It heard first from the attorney representing the City licensing
office without limitation on time. It then accorded representatives of the
Petitioner fifteen minutes in which to present their case followed by fifteen
minutes of testimony from those who opposed the recommendations of the
Administrative Law Judge.
During this latter testimony, the City Council allowed into the record
inflammatory testimony trom members of a community group who had not
participated in the prior hearing regarding the general subject of violence in
the community and specific acts of violence without ever requiring any
showing of relevance to the issue at hand, which involved an allegedly non-
functioning video taping system.
The Petitioner was not accorded an opportunity to rebut any of the
inflammatory and substantially irrelevant tesfimony.
At the conclusion of the public hearing, the City Council, with minimal
discussion, acted on a resolution by Councilmember Blakey to reject both the
reasoning and the recommendation of the Administrative Law Judge and
impose as a sanction, a license suspension of forty five (45) days with fifteen
(15) days stayed.
In speaking in support of his resolution, Councilmember Blakey adopted
much of the rhetoric of the testifying community members about violence
and only tangentially dealt with the allegations in the Notices of Violation.
He recounted at least one past incident of violence near, but not at, the
licensed premises as though it were the responsibility of the Petitioner.
The decision of the City Council was ultimately codified into a written
resolution which was passed on June 21, 2000 and approved by the Mayor on
June 27, 2000.
5. SFecific issues prouosed to be raised on anneal.
The Petifioner purposes to raise the following issues on appeal:
A. Did the Respondent aet arbitrarily and capriciously in rejecting many
of the findings of fact and legal conclusions of the Administrative Law
Judge and in not adopting the reasoning and recommendation of the
Administrative Law Judge that the matter be dismissed?
B. Did the failure of Respondent to accord Petitioner equal time to
present its case as was permitted the attorney representing City
licensing officials constitute a denial of Petitioner's due process
rights?
C. Did the failure of the Respondent to accord Petitioner an opportunity
to rebut the inflammatory and irrelevant testimony from certain
witnesses, who had not previously been heard and who testified after
the completion of Petitioner's testimony, constitute a denial of
Petitioner's due process rights?
D. Was the failure of Respondent to exclude the irrelevant and
inflammatory testimony regarding unrelated incidents of violence
by certain witnesses arbitrary and capricious?
E. Did the Respondent act arbitrarily and capriciously in reliance on
inflammatory and irrelevant testiraony regarding the general subject
of violence and specific acts of violence from witnesses and comments
in the same regard by Councilmember Blakey in arriving at a decision
in this matter?
F. Did the Respondent act arbitrarily and capriciously in imposing the
severe penalty in this case, both with respect to the nature of the
alleged violations and with respect to its own statutory regulatory
scheme of matrix penalties for certain sorts of violations?
G. Did the Respondent err and act arbitrarily and capriciously in
concluding that there were violations of license conditions by the
Petitioner in this matter.
II. Did any of the members of Respondent's City Council act arbitrarily,
capriciously, illegally and in confravention of the provisions of Saint
Paul Legislative Code Chapter 310.05(c-2) by engaging in ex parte
contacts or discussions with each other or third parties regarding
these matters outside the public record or final Council deliberations.
0
6. Related appeals.
None.
7. Contents of record.
A full transcript is necessary to the review the issues on appeal.
A transcript has not been delivered to the parties nor filed with the City
Clerk.
A transcript has not been ordered From the court reporter. No court
reporter was present during the proceedings but they were taped and can be
transcribed.
8. Oral ar�ument.
Oral argument is requested at the location speciTied in Rule 13904, Subd. 2 of
the Minnesota Rules of Civil Appellate Procedure.
9. Tvpe of brief to be filed.
Formal briefs pursuant to Rule 128.02 of the Minnesota Rules of Civil
Appellate Procedure will be filed.
10. Name, address, zip code, telephone number, and attornev registration license
number of attorneys for Petitioner and Respondent.
For Petitioner: S. Mark Vaught
Attorney at Law
Suite 700
Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
Email: markvav�htna,worldnet.att.net
Attorney Reg. No. 131519
For Respondent: Virginia D. Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
651-266-8710
Attorney Registration No.128995
Respectfully submitted,
Dated: July 7, 2000
��� /
S. Mark Vaught (Atty. �o. 131519)
Attorney for Petitioner
Suite 700, Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
markvau�htnu,worldnet.att.net
0
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Grill, Inc., d/b/a Arnellia's, NOTICE OF MOTION AND
TO STAY SUSPENSION
Petitioner, PENDING 12EVIEW
vs.
COURT OF APPEALS
FILE NO.
City of Saint Paul, a municipal corporation,
CITY OF SAINT PAUL
Respondent. COiTNCIL FILE NO. 00-585
DATE OF DECISION:
ADOPTED: JLTNE 21, 2000
APPROVED BY MAYOR:
NNE 27, 2000
TO: The City of Saint Paul and the City Council of the City of Saint Paul:
PLEASE TAKE NOTICE that the above-named Petitioner, acting through
its undersigned counsel of record, and pursuant to Minnesota Statutes Section 14.65
will move the Court of Appeals as soon as said 1Vlotion can be heard for an Order
staying the suspension of certain licenses issued Respondent to Petitioner, said
suspension currently scheduled to take effect at 12:01 a.m., Wednesday, July 12,
2Q00, pending the review by the Court of Appeals of the action of the City Council
of the City of Saint Paul, dated June 21, 2000, imposing said suspension.
In the alternative, Petitioner will move the Court of Appeals for an Order
temporarily staying said snspension and remanding the matter to the City Council
for consideration of a Motion from Petitioner requesting that the City Council stay
the suspension pending review of its decision by the Court of Appeals.
Petitioner's Motions shall be based upon the files and records herein and the
attached Affidavits.
Dated: July 7, 2000
� /���/�
S. Mark Vaught (Atty. l�o. 131519)
Attorney for Pefitioner
Suite 700, Six West Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
markvau�htna,worldnet.att.net
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Grill, Inc., dJb/a Arnellia's,
Petitioner,
vs.
City of Saint Paul, a municipal corporation,
Respondent.
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
) ss.
)
AFFIDAVIT OF
JACHIE HICKS
COURT OF APPEALS
FILE NO.
CITY OF SAINT PAUL
COITNCIL FILE NO. 00-585
DATE OF DECISION:
ADOPTED: JLTNE 21, 2000
APPROVED BY MAYOR:
JI7NE 27, 2000
Jackie Hicks, being first duly sworn upon oath, alleges and states to the
Court as follows:
1. She is one of the management team of Arnellia's, which is the name by which
Petitioner Metro Bar & Grill, Inc. does business at 1183 University Avenue, Saint
Paul, Minnesota.
2. She offers this Affidavit in support of Petitioner's Motions to stay the
suspension pending review or to remand the matter to the City Council for
consideration of a stay.
3. Petitioner is involved in the hospitality business, serving as a retail seller of
liquor and food and providing musical entertainment for customers of the
establishmenf.
4. In her management capacity she is familiar with the financial books and
records of the Petitioner and has conducted a review of those records prior to
composing this Af�davit.
5. Her review has indicated that the suspension meted out by the City Council
will impose a substantial, if not fatal, financial burden on the Petitioner if the thirty
day suspension must be served prior to review of the decision.
6. Her research has yielded the following effects if the suspension goes into
effect on July 12, 2000, as currently scheduled:
a. She estimates the lost revenue for the Petitioner during the
suspension, exclusive of kitchen revenues (the kitchen is leased and
operated separately by a separate licensee, but is operated as an
adjunct to the business conducted by Petitioner), to be approximately
$27,000.
b. Over twenty (20) fuil and part time employees will lose their
employment during the suspension period, including bartenders,
maintenance personnel, cocktail servers and musicians.
c. Another sis (6) full and parE time kitchen employees will, likewise, be
deprived of their jobs during the suspension period.
2
7. The effect on the Petitioner and the nofed employees would be irreparable
and would render the appeal of the suspension, which she believes to be meritorious,
virfually moot and of symbolic value only, if a stay is not granted.
FURTHER YOUR AFFIANT SAYETH NOT.
Dated; July 7, 2��� �--f�k�-� /t�
a cie Hicks
Subscribed and swom to before
me this 7 day of July, 2000.
. Q�_
l�otary Public
r•1 CA7MEiUEABOaE
NotatrtvtBL�C_fmi�ESpip .,�
MY COMMf$S10N E� ��
JANUAF?Y3t,2005
�'�^--�-�.�.�y
STATE OF MINNESOTA
IN COURT OF APPEALS
Metro Bar & Grill, Inc., d/b/a Arnellia's,
Petitioner,
vs.
City of Saint Paul, a municipal corporation,
Respondent.
AFFIDAVIT OF
S. MARK VAUGHT
COURT OF APPEALS
FILE NO.
CITY OF SAINT PAUL
COUNCIL FILE NO. 00-585
DATE O� DECISION:
ADOPTED: JUNE 21, 2000
APPROVED BY MAYOR:
JUNE 27, 2000
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
) ss.
)
S. Mark Vaught, being �rst duly sworn upon, states and alleges to the Court
as follows:
1.
matter.
2.
He is the attorney of record for the Petitioner in the above-entitled
He offers this Affidavit in support of Petifioner's Motions for a Stay of
the license revocation pending review or for a Remand to the City Council for that
body to consider such a stay.
3. On or about Friday, 3une 30, 2000, he received by mail, the
Resolution of the City Council memorializing the decision, the review of which the
Writ in this matter seeks.
4. On Monday, July 3, 2000, he spoke by telephone with Virginia
Palmer, Assistant City Attomey, and inquired as to whether the Respondent would
agree to such a stay or would agree to consider such a stay.
5. Ms. Palmer indicated she would speak with her clients regarding your
affiant's request.
6. Ae next spoke by telephone with Ms. Palmer on or about July 6, 2000,
during which conversation she indicated she had spoken to the legislative assistant
to Councilmember Jerry Blakey, who had sponsored the resolution imposing the
suspension which is the subject of review.
7. Ms. Palmer indicated in the 3uly 6 telephone conversation that based
on her conversation with Councilmember Blakey's assistant, Respondent would not
be considering a stay of the suspension pending review of the matter by the Court of
Appeals.
8. After learning of that declination, your affiant has moved as
expeditiously as possible to bring a Motion before the Court of Appeals addressing
the issue of a Stay.
FURTHER YOUR AFFIANT SAYETA NOT.
Dated: July 7, 2000 �� �
S. Mark Vaught (Atty. No. 131519)
Attorney for Petitioner
Suite 700, Six W est Fifth Street
Saint Paul, Minnesota 55102-1412
651-297-6400
651-224-8328 (fax)
markvau�ht(�a,worldnet.att.net
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COURT OF APPEALS NiJMBER:C6-00-1156
INDER OF COIINCIL FILS (C.F.) 00-585
DOC.
NIIMBSR
1
2
3
G!
5
DATS
DESCRIPTION
6-21-00 Resolution and Green Sheet suspending the
(date license of Metro Bar & Grill d/b/a
adopted Arnellia's and adopting the Report of the
by ALJ with exceptions and amendments
Council)
6-1-00 Letter from State Representative Andy
Dawkins offering opinion that Arnellia's
license not be suspended.
4-20-00 Notice of Public Hearing letter sent to
Attorney Mark Vaught by Assistant City
Attorney Virginia Palmer regarding 1-26-00
Findings of Fact, Conclusions of Law and
Recommendation of the Administrative Law
Judge.
5-3-00 Letter from Virginia Palmer to Mark Vaught
regarding the City's Exceptions to the
Findings of Fact, Conclusions of Law and
Recommendation of the ALJ. Includes
City's Final Argument - Statement of Facts
5-9-00 Memo to City Council from Nancy Anderson
regarding laying over of item #32 on the
May 10 Council Agenda to June 7 for a
Public Hearing.
NIINIDER
OF
PAGBS
5
FI
11
17
F�
6. 144 petition cards requesting the City 144
Council to support the findings of the cards in
ALJ, as it relates to not sanction 1
Arnella's. envelope
7. 6-21-00
8. 6-21-00
Videotape of 6-21-00 Saint Paul City
Council meeting.
Summary minutes of 6-21-00 Saint Paul City
Council meeting.
DOCUMENTS RETIIRNED BY TfiE ALJ
RECEIVED IN THE CITY CLERR'S OFFICS 4-5-00
E�
10
4-4-00 Letter from Phyllis Reha, Administrative
Law Judge, to the City Council regarding
the Findings of Fact, Conclusions and
Recommendations.
3-6-00 Letter from Virginia Palmer to the Ai,J
Phyllis Reha regarding City�s Reply
Memorandum.
1 tape
14
Fya
E
�
ii.
,
12.
13.
14 .
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
3-6-00
3-2-00
2-18-00
2-28-00
12-15-99
1-26-00
9-30-99
9-23-99
9-23-99
9-30-99
11-8-99
10-29-99
Fax cover from Mark Vaught to Phyllis Reha
regarding no further submissions in the
Metro Bar & Grill matter.
Fax from Mark Vaught to Phyllis Reha
summarizing and presenting Respondent's
view of the evidence.
Letter from Virginia Palmer to Phyllis
Reha enclosing the Final Argument on
behalf of LIEP.
Letter from Phyllis Reha to Virginia
Palmer granting her request to extend the
period for reply briefs. Attached is the
letter from Virginia Palmer requesting the
extension.
Letters from Virginia Palmer and Peter
Pangborn announcing Notice of Hearing to
Arnellia Allen.
List of City's proposed exhibits.
City's Exhibit #1, License Information
Report
City's Exhibit #2, License conditions for
Metro Bar & Grill dba Arnellia's
City's Exhibit #3, Police report prepared
by Officer Gerald E. Johnson
City's Exhibit #4, Police report prepared
by Sgt. Richard J. Munoz
City's Exhibit #5, Notice of Violation
City's Exhibit #6, Police report prepared
by Sgt. Mark C. Kempe
City's Exhibit #8, Letter from Ms.
Arnellia Allen to Robert Kessler
11-10-99 City's Exhibit #9, Notice of Second
Violation
12-15-99 City's Exhibit #10, Notice of Hearing
10-7-99 City's Exhibit #7, Videotape from
Arnellia�s
1
5
li
2
5
2
4
1
2
3
3
2
2
3
5
1 tape
C le �� c� � �P �1 �c�.`�e- �� �-��
�ece�ved �o l a� l a� b� °- �'�Q�A, �
d�i,�� 7 -= �a
,
,m/Jr ��. %> s
i1 e'�� Gl���� C�d��
I, Dy�� Ltl. ,�� {�`"/ �C�V� �)f ; request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanetion the Metro Bar and Griil, common3y known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �(,�,�� -kO.C�it,x /� (i/O Zip _�/1�.3
UD-ss£S - �
��
�v
�
��
�
,. r ���� .�^ �^d2�o �,�,: � e
Signed)/ Date) /, (,�
J �C,� �L/m-a�� ��"�. .L��, a yu��v�`�v,z.�` � -
I y 1 f�y���� , request that the St. Paul City Cauncil
vote to support the findings of the Administrative La�v Judge, as it relates to not to
sanction the Metro Bar and Grili, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly '.'eel that they are doing all within their
power to maintain a safe environment for both the:r customers and the general pubiic.
I am a resident at �
-� _
Zip ���
�,��� �U�_
(Dace>
�ip-585
�' LIOQYi ���5
vote to svp rt the fi��ings of the Adminisirative Law �e 1 ates o not to1l
sanction the Metro Bar and GrilI, common3y Irnown as �ella's Night Club.
I� a Fatron of this establishmenY, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the gerieral pubiic.
I am a resident at ��"q� �� � � n`
l,Gf-� Zip�� _
(Signed) ,T—/t'!-�1
{Date)
T> >ahr....a � �
vote to su � r�Quest that the St. Paul City Council
pport the fndmgs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly }mo� as Arnella's Night Club.
I� a patron of this estabIislunent, and I strongly feel that they are doing al1 within their
power to maintain a safe environment for both their cusYomers and the general public.
I am a resident at �, ,� U Up� � �
� yLo-
Zip 5 Si��}
�
(5ign d) 5 — 4 `�'i ^ �u
(Date)
�'�S
I _, request that the St. Paul City Council
vote to support fhe findings of the Admmistrative Law Judge, as it relates to noY to
sanction t he Metro Bar and Grill, commonly known as Amella's I�ight Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their cus mers and the general public.
I am a resident at ���[—������� Zip ����
--�5� � �
(Signed � (Datg�
♦r .=
UO•585�
� Gy/ J,(�a��ivt �1%'��s;��/�-----request that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanetion the Meuo Bar and Grili, common�y known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at
� Z �� �r� � �� z� .SS�°`�
��� � ��',��� � - 7 �
(Signed) (Date)
.. `00-585
I, - � request that the St. Paul City Councii
voie s port fhe £ndings of the dmuustrative Law Judge, as it relates to not to
sanction the Metro Bar and C�riII, commonly laiown as Ainella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for bgth $heir ,c�y�tomers and the general puUlic.
I am a resident at
... � / f
(5i e (Data
OU- 5$S
I, � request that the St. Paul City Council
vote to support the findings of the Administrative Law 3udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
pawer to maintain a safe environment for both their customers and the general public.
I am a resident at
(Signed)
(Date)
Zip
I, `� �1 p fl GlI,Q =�t�Qna� , request that the St. Paul City Councii
vote to support the findings o he Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelta's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �.��� `---�I� Zip r `J�G
� � ��91d7, �A� 2��C�
(Signed) r (Date
♦ • _v
�� C?t�- SSS
n �.
I�`�� �,� f(I � request that the St. Paut City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Ameila's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �f�� �.t� �l�t�� �� Zip , S��
. �,��__.__ � -� -� u _
(Signed) (Date)
- ---- ----- _---__-_ _-,�..,-.__„_,!
�~ �J
I, ��t;; ip �.J� �`r� , request that the St. Paul City Councii
vote to support the findings of the Admmistrative Law Judge, as it re]ates to not to
sanetion the Metro Bar and Grill, commonly known as Arne11a's Night Club,
I am a patron of this establishment, and I strongly feel that they are doing a11 within their
power to maintain a safe environment for both their customers and the generat puUlic_
I am a resident at � s-� �u ��" �•� � r/`� -- ZiP S �� �
. h , , � 0 GC�
(Signed) (D te)
_ _ _ • - .: _ _ ._. __�- -
��SgS
j �' �� � � , request that the St. Paul City Council
vote to sup o e findings of the Administrative Law Judge, as it relates to not to
sanct'ron the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doin� ail within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �G��,� ��� ��`'� Zip,�..S�D�-
. , f�y'�-� ���� d �
(Si d (DaLe
�� .
I i f�,�� j� �t'J/Ti° � , request that the St. Paul City Council
vote to support the findings of the AdministraYive I.aw Zudge, as it relates to not to
sanetion the Metro Bar and C�rill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing ati within their
power to maintain a safe environment for both their customers and the general publac.
I am a resident at 7�� L.�'�° �D �� Zip �S � b�
���,� �/h..�c�, � ( . 7: G �
(Si (Date)
-
I,
�(Z ('Y1e, �C. �1��1') t� , request that the St. Paul Ciry Council �� ��
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's.Night Club.
I am a patron o£ this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ����X a� �� Zip la �.
.., 5 ��� ��- �D�lq-�U
c�,
�s-saS
I �C� ,.„,_ —�—�, � yt� i T`i� , request that the St. Paui City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at If �� �- �� Zip �5��'
� �.��. s. ' �,: -� ��
-�..�-
(Signe ) (Date)
�U-S�S
� J � f
T, �/ request that the 5� Paul City Council
vote to suppo e findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly imown as.Amella's Night Ciub.
I am a patron of this establishtnenk, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � 7�� �>��� �--. Zip S�
,
�' r
� � � �� �
(Signed) ` (D te)
-- — -- ---
— . _.. __ -------
__ av.-s�s
I v?�p/-'� �� request that the St. Paul City Council
vote to suppoct the findings of the Admmistrative Law Judge, as it relaYes to not to
sanction the Metro Bar and Grill, commonly lrnown as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at l � �� '��� Zip 5�� � f� �
:���� 1 ^ � �- �-P -_ L���i
(Signed) (Date)
- - � rX�� .585
I, �p �-��- . "��'`�L� , request that the St. Paul City Councii
vote to support the findings of the Administrative I.aw 3udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�ly feel that they are doing all within their
power to maintain a safe environment for both their customers �nc�lhe generai public.
I ara a resident at
��� � ��
(Date)
_ -
tx� - s8s
I� � � request that the St. Paul City Council
vote o s pport f e findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly Imown as Amella's Night CIub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintaiu a safe environment for both tbeir cusfomers and the general public.
I am a residenY at � �J S�' ��"�Zip ��eJ ��
� :�1 � ��`��'.�
(Signed} ` (Date)
---�..-_--- --=----- --�--- --------- --- — --- -- --------F�:,�
Gn' ``JsS
sanction the Metro
uest that the St. Paul City Council
Law 7ud�e, as it relates to �ot to
z as Amella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing aii within their
power to maintain a safe environment for both their customers and the general public.
at
Zip ��ZY C?�
.��� l
(Date)
a?-'`J ��'". . v_e�
I, I:J>���G�o r�.o..� , request that the St. Paul City Council
vote to supp rt the findmgs of the Administrative Law Judge, as it relates to not to
sancfion the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I sVOngly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general pubiic.
I am a resident at S� b �� S��(�• h.� �, t/1/� ,"-�� 4�� Zip •,S J l f �.
� b �
(Signed) (Date)
v� �.�� :;�.� cb- SgS
I> request that the St. Paul City Council
vote to supp t the findings of tlte Administrative Law Judge, as it relates Yo nof to
sanction the Metro Bar and Griil, commonly known as Arnella's Night Club.
I am a patron of this establishmenT, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their cns,tomers and the general public.
I am a resident at J�� �� z;p S5l �..�' .
�
C���
(Signed) (Dat��� I' �~
C#�-58�
I, _•�� request ihat the S� Paul City Councal
vote to suppor findmgs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knorvn as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � ) J �✓dv'r'1.� Zip �L �
�-���� � �. �
(Signed) (Dat )
- �- - - � - !1D- S$5�
I e,��/ '�j�.,,,�.-, , request that the St. Paul City Council
vote to support th indings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly lrnown as Arnella's Night Ciub.
I am a Qatron of this establishment, and I strongly feel that they are doing all within their
power to mamtain a safe environment for both their customers and the general public.
I am a resident at 'tl �f �?LA� t'� �'`'-- Zip �j ,Sla �
.. � � �, � ,,,,,.,� �' . � 1 _ C'�, 0
I -�.�Q S� �./ ��� w�� �c �; request that the St Paul City Council
vote to svpport the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
i am a patron of this establishment, and I strongiy feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
� ( G �
I am a resident at ���l5 G��T i'�� '�� Zip SS /� .
� ` C��IS�� � S �� � �dc�
(Signed} (Date)
i���/ /� J tJ �`� ���st t�hat the St. Paul City Council
vote o svpport the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly lcnown as Arnelia's Night Ciub.
Do-S�S
�� V��
I am a patron of this establishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their customers and the ner pu �c. �'
F am a resident at �" 9��PEfJ r,�o o p�,� � P � p '�.. �-��� ,
—�-- � .�., � f ,
. �` �1 aaoo
{Signed} (Date)
I> � , request that the St. Paui City Council
vote t pQort the indings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
°-° -: ., : :_ _:..:.,.
00 •s8S
I am a patron of this establishtnent, and I strongly feel thai they aze doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
-- __...
- --=::�__
�
�
_ - -- - --0 $
I,�PUrl1 �,U. �20Gt/l✓ , request that the St Paul City Council
vote to support tLe findings of the Administrative Larv 3udge, as it relaies to not to
sanction the Metro Bar a�d Griil, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongty feeI that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at .S�g ���'i��/ s� Zips-�/(i
_.' �/`��� / /V i �L.!/( //vV ! �'�d��" l/ V
{Signed) (Date)
_ _ ._ __ . - -- - - b0• 58S
I _� request that the St. Paul City Council
vote to support the findings of the Admmistrative La�v 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at a�0 t-���'1 �E{ ) f'� ai� Zip CS�j 1� .
., � ,gS't 1'k �2 2C 7� ����C�;�.�'`ZlJ`t�
( igned) � (Date)
- -- — - -
— --- -- t;a- SgS
I �� � ��j{ � , rec{uest that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain environment for both their customers and the general puUlic.
1 am a resident at �� �"�9 �� Zip y���.
�
( ate)
_�_ . .=�.�.
oo-SS S
1, �� ,.I �� - , ,� � � � � , , reqnest that the St� Paul Clry Council
vote to support the findings of the Admmistrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as AmeIla's Night Club.
I am a patron of this estabiishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �
, request that the St. Paul City Council
vote to supp rt the mdi gs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
Zip � ,��?
�
s- � - �i tJ
(Dace)
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� {��9�`� S�` l� �'�6�VL� Zip SS �
, = � � 2- S �
(Signed) (Date)
j�U' S�3b
— - �� sg +7 --
j ��jJ(/�LY}'t S , request that the St. Paut City Council
vote to support the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at (��7 Gt-e—l� ���'�'� Zip �j U�.
.. IQ�� � ����-a�K'a� tS'�� 11�d
(Signed} (Date)
- - --- - - - - - - - ---- _.
!�0' S8S
I � �-��fi�� ��request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly irnown as Amella's Night Club.
I am a patron of this establishment, and I stron�ly feel that they are doing all within their
power to maintain� afe environment for both their customers and the general public.
I am a resident at �i��U ///� Zip
• ( � ��G'.� /���-��-�� � � � V G�
(Signed) (Date}
I .'t�/?!l�s�--� `x `�'� , request that the St. Paul City Council
vote to suQport the andings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
i
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe e�vironment for both their customers and the general puUlic.
Iama
Zip �
or� � �
S��l/'�
(Date)
�_ _ � � �_
I, � J� �pr.�-s �, �ru, t�.e, �— , request that the St. Paul City Council
vote to support the findings of the Admmistrative Law 3udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishmem, and I strongiy feel that they aze doing alI within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �J c� � f u vi c� e. � Zip �S/ Q�'j
.. �� _`��„Q� �� �� S ' � 1 � �
{Signed) (Date)
� --
�r :.
i �� ��� � fJ �(`� j� , request that the St. Paul City Council
vote to s pport the findings of the Admimstrative Iaw Judge, as it relates to not to
sanction the Metro Bar and Grili, commonly known as Amella's Nlght Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
potiver to maintain a safe environment for both their customers and the general puUlic.
i am a resident at i�l i���� �" n Zip �//�
_ � �, �tit�,�,� � a� �!�
(Signe ) (D e)
j ��j� ��! /����_ request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a re� at /�/�`� s'/ C�/�'!lJ �— T ZiP `��
� !
�
� �
{DaYe�%
!x�•���
< _:. v .�
- - - -- - � oV�S$S
I ���� > request that the St. Paul City Council
vote to support the findi� s of the Administrative Law dudge, as it relates to not to
sanetion the Metro Bar a Grill, commonly known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing alI within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ��{ d� f� � C� f f i r� ef �� __ Zip � rSY R ��
�-- f
.. ' J�IL(tGC�
(Signed) (Date)
- - - co-s8S
I ��-•a � � i" (,�C� �, request that the St Paul City Council
vote to support the findings of the Admimstrauve Law Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly lmown as Amella's Night Club.
I am a patron of this establis4tment, and I strongly feel that they are doing all within their
power ta maintain a safe environment for both their customers and the general public.
I am a resident at / t / �� � ��� Z �
{--.�
�
�
S � ''
{Dat�e)
Gd'r`JSS
T �fQ�f/Za �� �fr ��� � , request that the St. Paul City Councii
vote to svpport the �ndings of the Administrative Law Judge, as it relates to not to
sanetion the Metro Bar and Grili, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongiy feel that they are doing alt within their
power to maintain a safe envimnment for both their customers and the general puUlic.
I am a resident at �✓�� �UGL �� Zip ���� �
� r���,,�.��,�� 5 a�
(Signed � �a�)
I �,�C�. 1J��--�,�1 , request that the St. Paul City Council
vote to suppo � the findings of the Administrative Law 3udge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
— - �^ �s
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ���__� ��,���J�� ���� Zip �J�j �3�
, .�.-��- � �^-_ � �� - ��
(Signed} (Date)
1 �(� }` �� V� ���'v��, request thai the SL Paul City Council
vote to support the findings of the Admmistrative La�v Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as AmeIla's Night Club.
I am a patron of this establishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at t�� ��n ��� � �� Zip �� ��-4.
. � �.�� ������ �� 5- at -o�
(Signed) (Date)
I�� � � (�' ' _ re uest that the St. Paul Ci Council
,�' h Q�C ��7 �^" > q ty
vote to svpport the findings o�the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonIy known as Amella's 23ight Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environmesy�€er�both their custome and the general puUlic.
a t�i
.�
� �� _ .
I am a resid t at
... �., C����
(Sign ) �
�
(Date)
_00-58�
Do• 58S
�
I, � i�O�L r , request that the St. Paul City CounciS
vote to support the findings of e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feei that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I a�a resident at 1�� � �ri ,/v�v�� 'V Zip S S
Oo• SSS
� ��
(Date)
=�
- - Ot� - 58S
I fl��S ��L������� request that the St. Paul City Council
vote to support the findings of the Admirusuative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a re�ide�t at `7 ��` ) �� �� Zip �_ ���
� s --�.�- c� �
(Date)
-- - (�0-�JSS
I ��'�.� e � �,F�� , request that the St. Paul City Council
vote to support the Fndings of the Ad inistrative Law Judge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� �\ �''��` Zip�����
`��-��c� � �-�b
1 T— (Date)
8n
- - - G10^'S85�
I ����� �� �{� (` � S , zequest that the St. Paul City Council
vote to support the findings of the Admimstrative Law Judge, as it relazes to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I xm a patron of this establishment, and 1 strongty feel that they are doing all within their
po��er to maintain a safe environment for hoth their customers and the general public.
I am a resident at _? �/J �' ( L �� �! E� C� �� ZIF �� l
�� ,S -a � �C�
(Date)
,% �
I, ' �,���j �� request that the S� Paul City Council
vo e support the findings of the Administrative Law Judge, as it retates to not to
sanction the Metro Bar and Grili, commonly Imown as Amelia's P3ight Club.
�
___��
00- 5$S
I am a patron of this esiablishment, and I strongIy feel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
at ��
A ,�l Zip � / .
��fb�
�D�re>
I, � � �
�f n7c>� � X/ 9 6' , request that the St. Paul City Council
vote to support the ndings of the Administrative Law 3udge, as it relates to not to
sanetion the Metro Bar and Griil, commonly known as Arnella's Ni�ht Club.
I am a patron of this establishment, and 1 strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at /� j� ��n n/�l �` � Zip SS �� �
. ;/ _ �� 2� ac
( �gned) �.- � (Date)
av-5sS
v0- S8S
�, ���h �r�,,,l > request that the St. Paul City Council
voie io support the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amelia's I3ight Club.
1 am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �/G/ ��c�i�j1� �l�T Zip �5/GZ
. �� ���
(Signed)
� 1�1 �v
(Date) �
I J!'- l G� � ���� n , request that the St Paul City Council
vote to support the findings of the Admmistrative Law ludge, as it relates to not to
sanction the Metro Bar and GrilI, commonly known as Ameila's Night Club.
I sm a patron of this estahlishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their custoiners and the general puUlic.
I am a resident at
�? f 7 �c � f � rrc� z�p S s Y�� �
�
.� ����i�I ��7�2i�/'� � �}'� � �
(Sig�ed � (Date)
I, t�� N�i-'�-� �eu,�r,�'S , request tt�at the SL Paul City Council
vote to support the findings of the Administrative Law 3udge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amella's Night Club.
ao-58S
-- - OG S �S
I am a patron of this estabiishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general puUlic.
�� r�,, /`'
I am a resident at �� � 7 ��� C a• Zip c�� �'E� ,
. �� � �1�,^ ��
(Signed} (Date)
�' � �S
I request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly lmown as Amelia's Night Club.
1 am a patron of this establishment, and I strongiy feel that they are doing all within their
power to maintai a safe environment for both their customers and the general puUlic.
i
*PZ"dent t ����'( ��..� ZiF ��
..1���� �� �-�����
(Date)
, �
I, r , t�. �(_�� p e request that the St. Paul City Council
vote to support t6 findings o e Admuustrative L.aw Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnelia's Night Club.
�_ �s
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a residenY at '� r�' S����� Zip ��
�� � � c(T e� C�_q e r s _
(Signed)
5 ���
(Date)
- - -co-S$S
.�
I ,{ ��, ��� , request that the St. Paul City Council
vote to support the �indmgs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Czri l l, commonly known as Ameila's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puU3ic.
I am a resident at � �v f�rut�/ /'n/ S�'� 3 Zip 1 S�l� .
S- � 1- U c�
(Si d} (Date)
I, � � cv r �(I �- �r1�i t"t '�'` C jG `f l , request that the St. Paul City Council
vote to support the findings of the Admirustrative Law Judge, as it relates to not to
sanetion the Metro Bar and Grili, commonly known as Amella's Night Club.
00
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe envirorunent for both their customers�n� general public.
��/ J �/1
I am a resident at �`7 �"Z'� �-- � r ��� ZiP �-
. � �������
(Signed) / (Date)
- � request that the St Paul City Council
vote o support the findings of the Administrative Law Judge, as it relaies to ssot to
sanction the Ivletro Bar and Grill, commonly Irnown as Amelia's Night Club.
I am a patron of this esiablishment, and I strongly feel that they are doing ali within their
power to maintain a safe environment for both their ustomers and the general public.
1 am a resident at �� S v.� Zip �����
� l �� � ' � A.C� � �
(Signed) (Date)
cx�= s8�
--- ---- -- - - Oo-5�5
j ��������"� ��� �vr (�. , request that the St. Paul City Council
vote to supQort the findings of the Admuustcative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
gower to maintain a safe environment for both their customers and the genera] puUlic.
I am a resident at � 2 - 3 � ` rk ,v � ��� Zlp S � ^ y ��
� �c�:�-� °'�� ����- S � Z / � o �
� �
(Sign�e (Date)
- - �p'�'J$`J
I %�/(/�Lr/� ? C G .S �V(�Sd1� , request that the St. Paul City Councii
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelia's Night Club.
I am a pauon of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � U� d �n�l a' S � vE N' Zip y�J
. �°���� � ^ �` � - �o
(Signed) (Date)
.. ----- ----- -- - - - - -
-- - C�-5 � -_.
I `���i/i-� �`�� , request that the St Pau( City Council
vote to support the findings of the Administrative La�v Ju dge, as rt re lates to not to
sanction the Meno Bar and Grill, common3y known as Arnella's Night Club.
I am a patron of this estabiishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the genezal public.
I am a resider�t at ��� � [(�(1�-C, Zip � 53 jG (
. ��%�°" �
/V' k; .� �! �i�i
1�� �
(Date}
I> 1" /�C"vr �r �v- Y�1!-�" request that the St. Paul City Council
vote to support t e findings of the dministrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knawn as Arnella's Night Club.
- -�"5�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the geS�ral public,.�
j J ,�J �U�,,�.��.
I am_a resident at ,� �'�'�`�,�,�„�` -�}-�_e �iv�,uG S (3 } �Lip �����5 � 1 �
��� �,� � �� � ��
(Signed) � (Date)
I, ` lj f� , request that the St. Paul City Council
vote to sc port t' findings of the Administrative Law Judge, as it relates to not to
sancYion the tro Bar and Grill, commonly known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that they ue doing all within their
po�ver to maintain a safe environment for hath their customers and the general public.
1 am a resident at
Zip _�y/� .
-- - DO � ,C.v � 5
� /
% 2 � �'j
,� � (Date)
� - � � request that the St. Paul City Council
vote to support the findin o the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
- - od- 58S --
I am a patron of this establishment, and I strongly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general puUlic.
I am a resident at
�
Zip �� C�
S ���
(Date)
I ��//A G���� , request that the St. Paul City Council
vote to su ort the findings o e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knawn as Amella's Night CIub.
I am a patron of this estabtishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ������I� S� � Zip �-`J �.
. .� �. L DC�
(Signe (Date)
CJ�+ ' .) p J
�- 5S5 -
I, � 6 ����Ji +.l �- > request that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanetion the Meuo Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this estabiishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ydl�J �, 1 �H � 1C �n - {_ 1f��5 Zip �S�Li�.
.� � ��,� �-a i- o�
(Signed) (Date)
I ° -� �� "_' V `�� �� request that the St Paul City Council
vote'to support he findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
tb- 58�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environm e�for both their custpmers and the general public.
��a�1dY It � � Zi p—=�t.! ��
� ( e /1
tsi��)
� + —��
� �
(Date)
. � ' L'L/tiLr.P �' � J�O S
vote to support the find�of���� ve Law ud�eeas re a es o not to ii
sanction the Metro Bar and Grill, commonly known as Arnelia's Night Club.
; I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at _ 1 3 I��Z �i �'
Zip �.1 1
(Signed) � � �� " �
(Da e)
� --- - - -
I, request thaC the St. Paul City Council
vote su port t$ fin ngs of the �nistrative Law 3udge, as it relates to not to
sanction the Metro Bar and Gritl, commoniy known as Amella's Night Club.
�Q� S0�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
a resident at ; � �"'� �1 ���� _�� Zip ��� �
���(-f��
00 -585
I, �(' �-� �7 (���� \��� , request that the St. Paul City Council
vote to support the f ndings of the Administrative Law Judge, as it relates to not to
sanction the Metro Baz and CTrill, commonly Irnown as Amelia's Night Club.
I am a patron of this establishment, and I strongly feet that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� �� 1N C� �� J-� �' i'�c� Zip .JSfT.
� t
... �- ��-OC�
( igned) (Date)
�o-sss
I, request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanctio� the Metro Bar and Grill, commonly known as Arnella's Night Club.
_ __,_ . .._: ��„
Cn• 585
I, �� �X � , request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Meuo Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establislunent, and I strongly feel that they are doing ail within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � p`1" i�V�Y����-'� �'L�x Zip ����
r Z o�
(Si d) (Date)
I am a patron of this establishment, and I strongly feel that they ase doang a11 within their
power to maintain a safe environment for both their customers and the general public.
I, �( Gt',� � request that the St. Pau1 City Council
vote #o support e findings of the Adminisuative L.aw 3udge, as it relafes to not to
sanction the Metro Bar and Griil, commonly known as Arnelia's Night Club.
I am a pauon of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at
Zip ��r .
S - a�-�
(Date)
I,..�- (=� �w��-� request that the St. Paul City Council
vote to suppor e findings of the Adminisuative La�v Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at f Z � f ��� �`�e- Zip �5 (�.
C � ,-- � U �� �}
` �.�
(Si d) (Date)
I,.f /�[�C�� (� /(�/"�� J7c���request that the St. Paul City Council
vote to support the findings of the Admimst�dtive Law Judge, as it relates to not to
sanction the Metro Bar and Griii, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
pawer to maintain a safe environment for both their customers and the generai public.
I am a resident at ,�jL C�S Ci Zip S 5��. t �
i ♦ :�i
UO - Sd5"�
�'�J$s�
2t� �b ��
igned) 'G? � ? �'� (Date)
� d�r �� _��'A�' � , request that the St Paul City Council
vote tb support the findings of the Administrative I.aw Judge, as it relates Yo not to
sancfion the Metro Bar and Grill, commonly known as Arnella's Night Club.
�-58.5
I am a patron of this establishznent, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ��� �(a �� p�. � Zip�
,_
� -1����-- �5-z[-Q�
(Si ed) (Date)
I> �'%`� � �('e�-�"'� request that the St. Paul City Council
vot�ct�suppSrt the findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Arnella's Night Club.
I am a patron of this establishment, and I strongly £eel that they are doing ali within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at 1 ��41� //�,��. � V" � Zip ��i
[ °
t� :
` �, i'�� /1 /�//1�l � O.A�-� .✓ ! L �� � �
�°''�"� (Date)�
__ - - - �
- - ---_____... -
-- ---
--- .. . _- - . ..._.__� � �-r
Q� � 5g�
I> -S�^- l� request that the St. Paul City Council
vote to support the findings of the ''strative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
I am a patron of this establishment, and I strongly feel that atey are doing all within their
power to maintain a safe environment for both their customers and the generai public.
� am a resident at � J� �(,Z't � �` y_ Zip � 1 b
�s� ���� �
(Signed) (Date�(�--�-!��
Uo -5SS
I, ��Y}� �e�'j , request that the St. Paul City Council
�o+e to support the �inuings of the �csninistrative Law Judge, as it relates io not to
sanction �he Ivietro Bar �nd G S ili� commonly known as P rr.elia's Night Club.
I am a patron of `�'r,is estab;ishment and I s�ronely fzel that they are doing aII within ineir
power to maintain a safe enviror,mer.t for both their customers and u'�e gene:al public.
I am a resident at �iZ'� •..�'SSt? !k� x:�, `�cL�e_ � Zip ��/,7 _
�
� �/ �'_/?
(`�at°)
r � CV
✓
I, �' � request that the St. Paul Clty Council
vote to support the findings the Administrative Law Judge, as it relates to not to
sanetion the Metro Bar and riil, commonly lmown as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the general public.
., � / �S/�
I am a resident at ,�� /,[.�/��� /.f.f� Zip�����4�
� �"� /�azs
(Date)
'�-�� 00 -$'85
I, � l 1 �,���'1.-� request that the St. Paul City Council
vote to support the findings of the A�tive Law Judge, as it relates to not to
sanetion the Metro Sar and Gri11, commonly known as Amella's Night Club.
I am a patron of this establisFupent, and I strongly feei that they are doing afl within their
power to maintain a safe environment for both Yheir custome � and the general public.
am a re 'dent at ^ �CCg Zip � , � � .
_ ^
(Signed) ( (Date}
od - 58�
I Gl (� �^,( ��,�} S6N , request that the St. Paui City Council .
vote to support the findings o£the Admimstrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel thaY they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �! � U G` ��'d'�� �T�`P—' Z 'p '��� I
s " �_�o �L� :..� �:-X�z.t.cJ�3__ �/� l �� �
(Signed) (Date)
� � i ��' 1 (
I, C G r I� � request that the St. Paul City Council
vote to support the findings of the A inistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
��5��
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at ��� 1V �� t�C��F�f'(-���"� �'�°�. Zip �� �
��Zr jo�
(Signed) (Date) -
I �nn i s Il e,�n�yv , request that the St. Paul City Council
vote to support the findings o the Administrative Law 3udge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amelia's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at 5(8 SGi,�r �urh � (-�V�e._ Zip ,S`s � n .
_. ., w __..._v___-_-�.=_:.
v_ r ���
�'„ I��.Q�.�,� ' zl �b
`{'�igned) (Date
I, � request that the St. Paul City Council
vote t support the findings oP the Administrative Law Judge, as it relates to not to
sanct n the Metro Bar and Grill, commonly known as AmeIla's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing al1 within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at "� g�,(�, �(/n �yLp��lj�� .Q.��{ Zip s s>(��
1!(�Y1 `� �'�
igned) (Date)
�
I 1� � i' ��Q W1 _�G �� v� , request that the St. Paul City Council
vote to support the findmgs of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and 1 strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at �n � "fi U"1 ot`�'`2`�' Zip S� l/ �.
�,1.�..i..�l��.,,�� �a.�,�'t,ru 5 /3 D�o a
(Signed) (Date)
I ��y �� J� � -S C C7-r �. _, request that the St. Paul City Council
vote to supPort the findings of t e Administrative Law Judge, as it relates to not to
sanction the Meuo Bar and Grill, commonly lmown as Amella's Night Club.
I am a patron af this establishment, and I strongly feet that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at 3� 6 tn L. Zip _� S�L} `�
�
G���� � S z/ �ro
,� ,. ,,,�. ,
ro•S�S
t� �- 585� — -
ii :
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I > �-�`� �/a� t�-`e.i� Y'�i request that the St. Paul City Council
vote to svpport the findings of the Adm�i trative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelia's Night Club.
s/����__
(Date)
Oo'S$� -
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �) �- �� t e r #� Zip S 5� .
z �(.t�r..�,t� �� , request that the St. Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am resident at `t� � � �-�"/N'L'�^P `�� ��f47�.2t/�L�p J � � .�-,b
� �21 b U _
(Signe (Date)
° --•-_�-_�
oo-sg�
I �E/�� �� rt d , request that the St. Paut Gity Council
vote to support the findings of the Administrative Law Judge, as it relaYes to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at I/ A ��i9�1 Zip ���
p _�� '�l�
(Signed) (Date)
�-5gs
I request that the St. Paui City Council
vote to s po t the findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Ameila's Night Club.
I am a patron of this establishment, and 1 strongiy feel that they are doing ali within their
power to maintain a safe environment for both their custs�e��a� e general public.
I am a resident at /� C3�_� 1 ''� +� �' � `� Ztp S 16 �
�� � - .Z ( - � crz�z�—
i ed (Date)
I, � ro�/ Q�1 , request that the St. Paul City Council
vote to support the findings of the AdmmLStrative Law Judge, as it relates to not to
sanction the MeSro Bar and Grill, commonly known as Arnella's Night Club.
Ol� -. J�'$b�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
Iamaresiden�t ��V b ���Dt� � Z�P— 2:J! `!�
'�� �'� l_.e_/
(�V�SO�
I , �,�, request that the St. Paul City Council
vote to supQort the findings o� e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ,� (� 5�� r bu�c- �n � PU �_-- Zip , 3" � D.
51'. �a w� �h
n.. .�• , � o o__
�/z//cc�
.. ! oo - s85�
1 ,
T, � S'C�i' i /''� �d�equest that the St. Paul City Council
vote to support e finding of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly laiown as Amella's Night Club.
I am a patron of this establishment, and I strongly feel th�t they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �3� ,���iQ �/j�� �R�/L � ����Zip � ��,
l
S-�/-GG
(Date)
W � �.�II
I ���,�.� t� _� �;e.,�s , request that the St Paul City Councii
vote to support the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I suongly feel that they are doing all within their
power to maintain a safe environment for both their customexs and the general pubiic.
I am a resident at � t-��A�'+�--� �.� '��lZo�����iP-51- ��/
�-a�-�c�
(Date)
- - --- - Gi� - J`
I, � � D request that the St. Paul City Councii
vote to suppor the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and GriII, commoniy known as Arnella's Night Club.
I am a patron of this estabiishmenY, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at />��� �j�%���� f�� �j �� Zip��7
� G b
� ,��. S :-�l� - b�
(Signed) (Date)
I, �(� J'1) iii 1 r L^' � e��, i�W. n� y�9uest that the St. Paul City Council
vote to support the findings of the Admimstrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
DO - 585
I am a patron of this establishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for both their customers and the general public.
�
I am a resident at (� C� 3�= � i� ��L�. W� Zip �. (} (
.. � T�iw.°.�� ' 1 ' � �-- �C./�...�,�-�� '� �. l — O �
( igned) (Aate)
"– _ � p -, --'_____. ;��� – _—__ _ � 5gS
I �=�_ --} }� .� ;. .,�, 'a . '°�:��.,�request that the St Paul City Council
5 � `� ''*
vote toTsupport the findings of"the A inistrative Law 3ud�e, as it relates to not ta
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this esYablishment, and I strongly feel that they aze doing all within their
power to rnaintain a safe environment for both their customers and the �eneral public.
� �.,, '"'.= �''.�,
-m �., � ,-
,� "° :�
, � =a � � s�s- _ �, <.. _ _ Zip
1 am a resident at x '" '"�--`�' � � � � ` �' `
�..,..._ . �.
�
- �•, -°- ^�' � : �
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..,-_-n._ .�., - _ - � �....�?»._ >i _ ,�:,..�.-, �.,.._.., r .,.�,..,-'
(Signed)� � � (Date)
C�.G; I;�- �, �6,��L� rx�-5g�"
I, request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not ta
sanetion the Metro Bar and Grill, commonly known as Amella's I3ight Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� 3$�.� �R �� {� v � rt If � Zip S 5( �j
�s=�-Q� ���.�� �a � l �
(Signed) (Date)
.. c�-�s
I, •, ��"'' £s �' �� request that the St Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Ciub.
I am a patron of this establishment, and I strongly feel that they are doing aIl within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at g�y � v16/4 /� � Zip S� ' .
__ ��� C°� S-al��a
(Signed) (Date)
�"SO�
I, �� CL.�� c�� ��'�:..C4� that the St. Paul City Council
vote to support the findings of the Ad ' inistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �'� 5# �`�-�-� Zip �S l CJ�
.� � �..e�- ����� S� ds ��-�l�
(Signed) ` (Date)
�' J�BS
`� .'x � � ,'� ? 3 3 �R ?
� 3
I, ; � ''''�� ;»,��.�� '�. '?'�.�=�-:� that the St. Paut City Council
vote to support the findings of`the Admiriistrati`ve Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Ame11a's Night Club.
I am a patron of this establishment, and I suongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
�
` � � �-- -: f ? � �' � -�`��:�: �
I am a resident at ,,�.: ''-�" �°°�' � sk�"� ��- � Zip- a�` °� ;�
�- '� 3 _� � � � J �" �� .e � `� ? 9'.�
�q� !,� � i +"tC� �l J1f �.���f"�3 y�� s� ✓
_ (�igrieii) . , �� - � � (Date) ' > -
00-58�
I, �/L �-t— /,e.(�«� request that the St. Paul City Council
Yote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Griil; commonly known as /�rnella's Night Club.
I am a patron of this establishment, and 1 strongiy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a r sid nt at !!�lj ���r�-,�f) LC. '�� t r�� Zip S S��''
�zreo
(Date)
�— 'J`�J�
I> � , request that the St. Paul City Council
vote to svpport the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
(Signed) '
(Date)
I, /�' (� /7/6 5 I'/o� (/ �� , request that the St. Paul City Council
vote to sup�ort the findings of the Administrative L,aw Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnetla's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� �✓. w• ��/e-� �� Z�P ����
G���- ��-
-fSigned)
����1�
(Date)
-- �_
z�P� "� tl ���-i
C�
DD-585
I atn a patron of this establishment, and I strongly feel that they are doing all within their
power to mainrain a safe environment for both their customers and the genetal public.
- _:�.
M oa - ssS
I ' �-�r� � request that the St. Paul City Council
vote to support the findings of the Administrative Iaw Judge, as it relates to not to
sanctionthe Metro Bar and GriII, commonly known as Arnetla's Night Ciub.
I am a patron of this establishment, and I strongly feel th3t they are doing alI with9n their
poiver to maintain a safe environment for both their customers and the general public.
I am a resident at _� �;� G��� �Q Zip �'rj Q%
"� ��f�
� i�ed)
- ,s/z� oa
(Date)
I � est that the St. Paul City Council
vote t port the fin ' gs of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commoniy known as Amella's Night Club.
ao - s$s
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a s� environr�ent fqr b�th their customers and the general public.
I am �-resident at
(Signed)
Zip
5 ����
(Date)
___ ...---
G�0- 585
I, o est that the St. Paul City Council
vote o support the fin ings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Czrill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both thei: customers and the general public.
I am a resident at �J�_.;�1�'j������r/__2°�_ Zip ��� !
� �� � � �
{Signed) (Datei
- -- -- --
�- --- -=-�-
- - ------ DO - 68s
I 1�1�� �) �� , request that the St. Paul City Council
vote o suppor the findings of the Admuustrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I atn a patron of this establishment, and I strongly feel that they are doing all within their
go�ver to maintain a safe environment for both their customers and the general public.
I am a resident at �533 �>�o����� / Zip S�//7.
` A / r /SdS \ �
� (Date)
- — — --- --- - -� —
V
I request that the St. Paul City Council
vote io support t e findings of the Administrative Law Judge, as it relates to not to
sanction the Me o Bar and Grill, commonly known as Ameila's Night Club.
I am a patron of this esiablishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� 1 �,E C�1711 � Z�P ;J���� `
,
% � �i �Gf�
(Date
av -sgs
I, J o�' �.1 /� •�v �t -e 5 , request that the St. Paul City Council
vote to support the findings of the Administrative La�v Judge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as AmeIla's Night Ctub.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
. n .� ; , n .^ _ e � ,�� �t� zip �3y�/
�
�
,�/ � /vd
(Date)
_-- - ---- -- --- op_ ��5
I ���9� %,tq � j/� , request that the 5t. Paul City Council
vote to svpport the findings of the Admimstrative Law Judge, as it relates to not to
sanction the Metro Baz and Grill, commonly irnown as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing atl within their
po��er to maintain a safe environment far both their customers and Yhe general puUlic.
I am a resident at �� �l��To� �% f A�L ' zip S
.. �� i�/"�- '��Y �� . ��oc
(Signed) (Date)
I, ��p-y–/jo�a ,�1.��.,,� /�_ , request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
(.'� – S8 �
I am a patron of this estabiishment, and I strongly feel thai they are doing all within their
power to maintain a safe environment for boYh their customers and the general puUlic.
I am a resident at �� o�.�„� �,oi,�2 Zip S�`//D '
' ��77`n�r ,�J'i�a ��'� � Y /
(Signed�� (Date)
Y e, request that the St. Paui City Couacit
vo e to support ffie findings of the dministrative Larv Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's NighY Club.
�� S�? --
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at // I� ��1' �__ Zip ��� i .
\ ��
��;
� igned) ( aie)
-- ------ --------------- �_ s$s_.
�---
I � ���, request that the St. Paul City Council
vote to suppo t the findings of t�ie Admimstrative Law 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a pauon of this _establishment, and I strongIy feel that they are doing ati within their
po�ver to maintain a safe environment for both their customers and the general public.
I am a resident at l(D � Y `�J�� ��� Zip �u�
. �-- _a
(Signed} (Daie)
UO - 5`a5
I, � ���-.� S� (�C � , request that ihe St. Paui City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amelta's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a residenY at � Y����=�=z� �� Zip �C�
` ,� ;� �-- ��
lgned)\ (Date)
' �_ ,
--- -------- -- — -- (�" S$5
\ � .
'�`� �`L��� 4'�� 1, request that the St. Paul City Council
vote to support the findings of the Admi tive Law Judge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the generai public.
I am a resident at i�� lr'f✓ �\� �� Z�P �� � G �
^ �-,� ��-��
� �`-� � ° 1 �
(Signed) d (Date)
�
U request that the St. Paul City Council
I, r�
vo o support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Baz and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�iy feel that they are doing all within their
po�ver to maintain a safe environment for both t ir customers and the general public.
I am a reside at �/�X _`� �✓� C� Gt !/� Zip ��
� � �' oZ O�
._ ,-_.
� •��� (Date)
t�- 58S
- ------------- - (.�-�$5
I ���f`a � ����/�_, request that the St. Paul City Council
vote to support the findiugs of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feei that they are doing ali within their
power to maintain a safe environment for both their customers and the generat public.
I am a resident at �� �{.� (� `�' � B Zip J�y� �
..� �' �S
,,,,,P�il (Date}
I C� , request that the St. Paul City Council
vote to support the findings of the Admmistrarive Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Ciub.
i1 :
I am a patron of this establishment, and I strongly feel that they are doing alI within their
po�ver to maintain a safe environment for oth their customers and the general public.
(��/ �`�'��--- ziP ? S��S
I am resi ent at
, � t' �-�
., �¢;�,Prti (Date)
I /"I !f' C�/ � request that the St� Paul City Council
vote to support he findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as AmeIIa's Night Club.
I am a patron of this establishment, and I strongly feel that ihey are doing al2 within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at ��j �/ \.J� G�'2.C,.� /� � Zip � S� �Y
. �-- � �� � �v� v
(Signed) (Date)
I � n �. �Q P.( > request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
a�-sgS
W' �Jgs
I am a pauon of this establishment, and I strongly feel that they are doing ail within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a esident at �
. XA/V / V ' { OY��IA
z�p '� l U.�/
� - Z2 - ��
(Date)
--- �"S� J
I �,�,,. ��� � G� , request that the St. Paui Ciry Council
vote to support the findings of the Administrative I.aw 7udge, as it relates to not to
sanetion the Metro Bar and Grill, commonly known as Arnella's Night Club.
I am a patron of this establishment, and I strongly feel thai they are doing all within their
power io maintain a safe environment for both their customers and the generai public.
I am a resident at
-�� r l �-� �-- � s
.� �� �� �Q
(Signed)
--ZIP �3<C 4 '`j
��� �
(Date)
I, %)oJ� D���; , request that the St. Paul Ciry Council
vote tio support Yhe findings ofthe Administrative La�v Judge, as it retates to not to
sanction the Metro Bar and Gril1, commonly known as ArneIla's Night Club.
I am a patron of this estabiishment, and I stron�Iy feei that they are doing all within their
po�ver to maintain a safe environment for both their customers and the generat public.
I am a resident at __��Uy S��
z�p 5 '��c `t .
�� � � .r-��>>
(S� �� (Date)
�= r
I , request that the St. Paul City Council
vote to svpport th ndings of the Administrative La�v Judge, as it relates to not to
sanetion the Meko ar and Griil, commonly known as Amella's Night Club.
b0 -5$S
- - Do -585
I am a patron of this estabiishment, and I strongly feel that they are doin� ali within their
po�ver to maintain a safe environment for both theiz customers and the generai public.
I am a resident at C 1� Zip� �� // �
�
(Signed}
(Date)
� /�
I�� _°" ,1 /'/ , request that the St. Pau1 City Councii
vote to support the m}ng o the A istrative Law Judge, as it relates to not to
sanction Yhe Metro Bar and Grill, commonly known as Ame l la's Ni� ht C iu b.
�-S�5
I am a patron of this establishment, and I strong[y feel that they are doing alt within their
po�ver to maintain a safe environment for both their customers and the general public.
I am a resident at ��� �� ,C' � 2 tP �
� �
. `-�" � ���2G�
(Signed} (Date)
I, �,. � i•�, (9���'S , request that the St Paul City Council
vote to supgort the findings of Yhe Administrative Law Judge, as it reiates to not to
sanction the Metro Baz and Grill, commonly known as AmelIa's Night CIub.
I am a patron of this estabiishment, and I stron;ly feel that they are doing all within their
po�ver to maintain a safe environment for both their customers and the general pubiic.
a ����u�� Zz ��
I am a resident at � P �
� ����-� c� 2��%
(Signed) �Dat� /
I, '�q � 1�-('} ��� CaG �''� �� , request that the St. Paul City Council
vote to supporY the findings of the Administrative Law 7udge, as it relates to not to
sanction the Metro Bar and GrelE, commonly known as Arnella's Night Club.
� -585
�� ;�
I atn a patron of this establishment, and I strongiy feel that they are doing all within their
potiver to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ��� ����� �'""� �f ��"'"'�- Zip � s� v�
.. ,�-„� �e�G`„" .�r,- � G — `�.,-��° �
(Signed) (Date}
T �C�,q �. / ����,{/�jf/�,( ° - request That the St Paul City Council
vote to support the findings of the Admmtstrative Law Judge, as it reIates to not to
sancYion the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongiy feei that they are doin� ail within their
po�ver to maintain a safe environment for both t5eir customers and the general pubtic.
I am a resident at /�� ���'�,� �� AG(c �� S � k Z P���D�_
_ „?�—
� • S�°
(Signed)
Q�- 5$5
� /
I, 1�i �"���f�"i "i r,t r�f I?Ir< ��I I�equest that the St. Paul City Council
vote to support the findings of the Administra+frve Law Judge, as it relates Yo not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongiy feel that they aze doing a11 within their
power to maintain a safe environment for both their customers and the general public.
�� � C - z� � � � �?`�
I am a resident at
� 1'Y� ��. �� - �n �,� . �C.. 1� �Q �`�" c� - � - � C>
{Signed) (Date)
-- -�'���
I, __ ('�G�L �� � C( l��V\ , request that the St. Paul City Council
vote to support the findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly knorvn as Ameila's Night Club.
I am a patron of this esiablishanent, and I strongly feel that they are doing alI within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at �� ���G' ���h �v� 1 =� S`V�U+1(Zjp ,��
' r - ^ 1�T/1 . l � �Y� � �/��-"' V �� '� �-, ��
(Signed) � (Date
G�'Sg5
I �� j� p �� �'j� � , request ihat the SY. Paul City Councii
vote io support the findings of the AdmimstraYiva Larv 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arneita's Night Club.
I am a pairon of this establishment, and I strongiy feet that they are doing all within their
po��er to maintain a safe environment for both their customers and the genera] puUlic.
I am a resident at ��� �f��✓ ,��E'� Zip S S Ib �.
. ���,c � ,8c��--� S ����`��
(Signed) ' (Date)
. - ------ - -- - - _
_--,._,_ �_�.:�=
� � c� • S�S
I `���/� �i7�'n� i'�� , request that the St. Paul City Council
vote tn support'the findings of the Adzninistrative Law Judge, as it relates to aot to
sanetion the Metto Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�ly feel that they are doing aII within their
power to maintain a safe environment far both their customers and the general public.
I am a resident at ��� G��1`�G �� �'� �� Zip S� �' �
� �.��� ��.�..- �-� �
G� faa-/� �� �
(Signed) (Datej �
�
i ���� p'�" , requesl that the S� Paul City Couneil
vot io support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Gri11, commoniy known as ArnelIa's Ni�ht Ciub.
I am a patron of this establishment, and I strongIy feel that they aze doing all within their
power to maintain a safe environment for boYh their customers and the general public.
I am a resident at �� � /�1��� �� ZiP ���
.. . �� ,� �/�' �--�
( tgned) (Date)
I �r,,, ���" y/ ��. ���' SB �1 , request that the St. Paut City Council
vote to support the findings of the Administrative Law Judge, as it relaYes To not tfl
sanction the Metro Bar and GrilI, commonly known as Arnelia's Ni�ht Ctub.
Cx3• 5$S
_._ _ _ .._
�' �J � �
I am a patron of this establishment, and I strongiy feel that they are doing ail within their
po�ver to maintain a safe environment for both tneir customers and the general puUlic.
) g7?C�.r�CtS . '/
I am a resident at J� r/���U� �`� h-� S o fFt �{'f/. Zip .S`�S��a 7-
. ��� �y�� %w �
(Signed)
�=�� a em�
(Date)
- - - -- - - - - - - --- --
- �' S85
I �-�'11� - .� �� �� , requesY that the St. Paul City Council
vote to support the findings of the Administrative Lativ 7udge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I stron�Iy feel that they are doing all within their
pol�rer to maintain a safe environment for both their customers and the general puUlic.
I am a resident at f� O( � �� -� ��-IG� ��� � Zip �S�
. --�� '
��c� S-a� G �
(Signed) (Date)
'' l < ` <
I, ����'&� �N � l� 1�V�J , request that the St. Paul City Council
vote to support the findings of the Administrative La�v Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at � � �� \ �� �L� � ��" i �`P ���. � � ���
, �, ��� L - ��
(Sign (Date)
l�0- 5$S
I ��� Q �j'� �� �,(��� request that the St Paul City Council
vote to support the findings of the Admimstrative La�v Judge, as it relates to not to
sanction the Metro Bar and Griil, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environment for both their custom rs and the general public.
I am a resident at 1`\F� J u�\ Zip �J
. � �PpJ� ���1.�/I � - Z`�� �
(Signed} (Date)
Q'J-S$5"
I p /� , � , request that the St Paul City Council
vote to support he finding of e Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at �� �� v��T {� / r� 11 i'Y� I l�i�ip
(Signed} (Date)
00-585
�—S�J�
I �`( �\ `�� ��`t`(� � , request that the St. Paul City Council
vote to support t�ie findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
(�' ���, �
I am a resident at �"I ��1,�1� � � Z � 1 ���
�
��� � 5
� ed) (Date)
I, � z n r� r� �,t' W.' �� c'�m S , request that the St. Paul City Council
vote to support fhe findings of the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general pubiic.
I am a resident at I S 6 Gi�'S'-� 2✓ %i^t <��i^EOC Zip S�S' /O 7
L�-585
. - ,�i �U'��'�c;� 2,/�-��z� s Z Z G�/'
(Signed) (Date)
---=�-_
I request that the St. Paul City Council
vote to sup ort the findings o the Administrative Law Judge, as it relates to not to
sanction the Metro Bar and rill, commonly known as'Amella's Night Club.
I am a patron of this establishment, and I strongIy feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public. �
I am a resident at
0 �� \' � � '" � V �� ZlP �� �
�O G� � U
(Si d) (Date)
I r: �%�,[�G�C'�I� `�'''?� , request that the St Paul City Council
vote to support the findings of the Admmistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
--- 00-58�
�' S$S
I am a patron of this establishment, and I strongly feel that they aze doing all within their
power to maintain a safe environme t for both their customers and the general puUlic.
I am a resident at �/1 � 4�-��L�--- ���'`l /'�' Zip ✓�S� O j
. /� C��2-� � " `f /�
(Signe
(Date)
-- -
--- ----- --- --- — -- - — — - - —_.. ._ ---
�" S$S
I�� IPf�1� Q , request that the St. Paul City Council
vote to support Yhe findings of the Admimstrative I,arv Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Amella's Night Club.
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general puUlic.
I am a resident at ��� �(�.� bl,l,4 n� Zip ��L
. y .2�� � c�c���
(Signed) (Date)
� - 585
I, �� �jv� �i4-� S , request that the St. Paul City Council
vote to support the findings of the Administrative I.aw Judge, as it relates to not to
sancrion the Metro Bar and Griil, commonly lrnown as P,mella's Night Ciub.
I am a patron of this establishment, and I strongly feel thaY they are doing all within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at -! / U G�`��h� �/ Zip �6 �
�� �� ���
(Signed) (Date)
I������ ��� � request that the St. Paul City Council
,
vote to support the findings of the A inistrative Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Club.
UO • S8�
I am a patron of this establishment, and I strongly feel that they are doing all within their
power to maintain a safe environment for both their customers and the general public.
j � A /� �- {n,,
I am a resident at �JS /t! � � � iC/1 �'�l�-b�\� Zip �� �
{ �/� /f?
(Signed) (Date)
I ��n n���e �1 e r �� request that the St. Paul City Council
vote to support the findings o the�' Administrarive Law Judge, as it relates to not to
sanction the Metro Bar and Grill, commonly known as Arnella's Night Ciub.
I am a patron of this establishment, and I strongiy feel that they are doing aIl within their
power to maintain a safe environment for both their customers and the general public.
I am a resident at S(8 S�i�� �urn � AV�. Zip 5�; � a
s/��/�o
� � �Ss
° 1 _�6_.w---�. �G��r� � .� �D
`f5igned) (Date
CITIZEN SERVICE OFFICE
F2d Owusq City Clerk
CITY OF SAINT PAUL
Norm Coleman, .Yfayor
170 City Hall Tel.: 651-266-8989
ISWKellaggBou[evm�d F�: 651-266-8689
SaintPaul Mi�mesota 55702
October 25, 2000
Mr. Frederick K. Grittner
Clerk of the Appellate Courts
Minnesota Judicial Center
25 Constitution Avenue
Saint Paul, MN 55155
Re: Metro Bar & Grill, Inc., dba Arnellia's at 1183 University Ave.
Appellate Court File: C6-00-1156
Dear Mr. Grittner:
HAND DELIVERED
Enciosed herewith please find an index and originals of the Saint Paul City Council's
record in the above referenced matter. This is the City Council's complete record and
its index.
By copy of this letter, the index is being sent to Attorneys for Petitioner and
Respondent, together with affidavits of service by Mail.
Sincerely,
a�fi %��"� !G, ��
Frederick K. Owusu
City Clerk
cc: Virginia Palmer, Assistant City Attorney (index only)
S. Mark Vaught, Attorney at Law (index only)
STATE OF NIINNESOTA )
) ss.
COUNTY OF RAMSEY )
Frederick K. Owusu, City Clerk, being first duly swom, deposes and says that on October 25, 2000 he
servedthe attached:
Index to the Saint Paul City Councii File No. 00-585
upon the followuig attorney(s), individual(s) or corporation(s) by placing a mie and correct copy thereof in
an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails
at Saint Paul, Muuiesota.
Ciayton Robinson
Saint Paul City Attorney
Virginia D. Palmer
Assistant Saint Paul City Attorney
Atty. Reg. No. 128995
15 West Kellogg Blvd, Suite 400
Saint Paul, MN 55102
Attomeys for Respondent
S. Mazk Vaught
Attorney at Law
Atty. Reg. No. 131519
Six VJest Fifth Street, Suite 700
Saint Paul, MN 55102-1412
Attorney for Petitioner
-�� �. ���
-.�
Subscrihed and sworn to before me
this ��' day of �c , 20��
�
Notary Public
v'�. SHARI A. MOORE
N4TARY RJ�C _ �
�... � A
EXA�RES JqN. 31, ZOOg
��
COURT OF APPEALS NUMBER:C6-00-1156
INDSX OR COIINCIL FILE (C.F.) 00-585
DOC.
NUMBLR
1
�
3
0
�
DATE
DESCRIPTION
6-21-00 Resolution and Green Sheet suspending the
(c3ate , license of Metro Bar & Grill d/b/a
adopted Arnellia's and adopting the Report of the
by ALJ with exceptions and amendments
Council)
6-1-00 Letter from State Representative Andy
Dawkins offering opinion that Arnellia's
license not be suspended.
4-20-00 Notice of Public Hearing leCter sent to
Attorney Mark Vaught by Assistant City
Attorney Virginia Palmer regarding 1-26-00
Findings of Fact, Conclusions of Law and
Recommendation of the Administrative Law
Judge.
5-3-00 Letter from Virginia Palmer to Mark Vaught
regarding the City's Exceptions to the
Findings of Fact, Conclusions of Law and
Recommendation of the ALJ. Includes
City's Final Argument - Statement of Facts
5-9-00 Memo to City Council £rom Nancy Anderson
regarding laying over of item #32 on the
May 10 Council Agenda to June 7 for a
Public Hearing.
NLTMB&R
OF
PAGES
7
il
11
17
1
6. 144 petition cards requesting the City 144
Council to support the findings of the caras in
ALJ, as it relates to not sanction i
Arnella's. envelope
7. 6-21-00
8. 6-21-00
Videotape of 6-21-00 Saint Paul City
Council meeting,
Summary minutes of 6-21-00 Saint Paul City
Council meeting.
DOCUMENTS RETURNED BY TEiE AT,J
RECEIVED IN THE CITY CLERK'S OFFICE 4-5-00
�
10
4-4-00 Letter from Phyllis Reha, Administrative
Law Judge, to the City Council regarding
the Findings of Fact, Conclusions and
Recommendations.
3-6-00 Letter from Virginia Palmer to t11e ALJ
Phyllis Reha regarding City's Reply
Memorandum.
1 tape
14
F_ya
0
�
11. 3-6-00
12. 3-2-0�
13. 2-18-00
Fax cover from Mark Vaught to Phyllis Reha
regarding no further submissions in the
Metro Bar & Grill matter.
Fax from Mark Vaught to Phyllis Reha
summarizing and presenting Respondent's
view of the evidence.
Letter from Virginia Palmer to Phyllis
Reha enclosing the Fina1 Argument on
behalf of LIEP.
14. 2-28-00 Letter from Phyllis Reha to Virginia
Palmer granting her request to extend the
period for reply briefs. Attached is the
letter from Virginia Palmer requesting the
extension.
15. 12-15-99 Letters from Virginia Palmer and Peter
Pangborn announcing Notice of Hearing to
Arnellia Allen.
16
17
18
19
20
21
22
23
24
25
26
1-26-00 List of City's proposed exhibits.
9-30-99 City's Exhibit #1, License Information
Report
City's Exhibit #2, License conditions for
Metro Bar & Gri11 dba Arnellia's
9-23-99
9-23-99
9-30-99
11-8-99
10-29-99
11-10-99
12-15-99
10-7-99
City's Exhibit #3, Police report prepared
by Officer Gerald E. Johnson
City's Exhibit #4, Police report prepared
by Sgt. Richard J. Munoz
City�s Exhibit #5, Notice of Violation
City's Exhibit #6, Police report prepared
by Sgt. Mark C. Kempe
City's Exhibit #8, Letter from Ms.
Arnellia Allen to Robert Kessler
City's Exhibit #9, Notice of Second
Violation
City's Exhibit #10, Notice of Aearing
City's Exhibit #7, Videotape from
Arnellia's
1
5
11
2
5
2
4
1
2
3
3
2
2
3
5
1 tape
� CITY p
4 y
�
i x
O - y
� IIflffII� �Q�II a
� 119H II � q
h
� 1g54 �
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 21, 2000 - 3:30 - 5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:40 pm. by Council President Bostrom.
Present - 7- Benanau, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1- 28)
Gerry Strathman stated that the City Attorney's Office requested Item 26 be withdrawn.
Councilmember Coleman requested Item 27 be removed for discussion.
Councimember Coleman moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
GTi] 7�y1 Y [U��I
Approval of minutes of May 10 & 17, 2000.
Adopted Yeas - 7 Nays - 0
2. Claims of Kenneth Colaizy, Robert Distad, David & Maria Snyder, Darla Aansen, Milton
Kendall, Katharine Lovich, Anthony Rybak, Thomas Rykel, and Hieu Tran.
Referred to the Employee/Risk Management Office
3. Class Acrion Sununons and Class Action Complaint and Demand for Jury Trial in the
matter of Deryl Baysinger, Barrori Chapman, Darron Chapman, Sammie Chapman, and
all other similazly situated, vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on June 28, 2000, to consider adverse acrion against all licenses held by Fleming
Companies, Inc., dba Rainbow Foods, 892 Arcade Street. (LJncontested)
June 21, 2000 City Council Summary Minutes
Page 2
5. Letter from the Office of the City Attomey announcing a public hearing before the City
Council on June 28, 2000, to consider the report of the Administrative Law Judge
conceming the application for an auto repair license by MFK Enterprises, 830 Robert
Street South.
6. Letter from the Office of License, Inspecrions and Environmental Protection announcing
a public hearing before the City Council on 7une 28, 2000, to consider the appeals of
Nationwide Group and REF LLC to a decision of the Plauuiug Commission denying a
site plan for a mini-storage facility on the former railroad property between Agate Street
and 35E and between Case and Suns Avenues.
Letter from the Department of Plauuing and Economic Development announcing a public
hearing before the City Council on July 12, 2000, to consider the application of Jaunae
and David Brooks to rezone properiy at 1528 Grand Avenue, between Saratoga and
Snelling, from RM-2 to OS-1 to allow an office use.
8. Administrative Order:
D001891 Transferring CIB funds from the Eustis Street Pedesriian ChokerBuxnpout
project to the Curb Bumpouts:Cleveland & Pinehurst project in the
Department of Public Works
Noted as on file in the City Clerk's Office
9. Resolution - 00-580 - Approving the Memorandum of Understanding between the St.
Paul Civic Center Authority (also known as RiverCentre Authority), an agency of the
City of Saint Paul, and International Operating Engineers Local 70, International Alliance
of Theatrical Stage Employees, and 1Vlanual and Maintenance Supervisors Association.
(To be laid over one week for adoption)
Laid over to July 28 for adoprion
10. Resolution - 00-581 - Approving the reappoinhnent of William Dunnigan, by Mayor
Coleman, to the Saint Paul Parks and Recreation Commission.
Adopted Yeas - 7 Nays - 0
11. Resolution - 00-582 - Approving the reappointments of Robert Nardi and Paul Finsness,
by Mayor Coleman, to the Truth in Sale of Housing Boazd of Evaluators.
Adopted Yeas - 7 Nays - 0
12. Resolution - 00-583 - Approving the reappoinhnent of Valdi Stefanson, by Mayor
Coleman, to the Ramsey Action Program.
Adopted Yeas - 7 Nays - 0
June 21, 2000 City Council Suinmary Minutes
Page 3
13. Resolution - 00-584 - Approving the appointments of Tom Heinl, Michelle Bergman,
Janet Vogei, and Betty Copeland, and the reappoinhnents of 7ose Basques, Susan
Broaner, Laurel Frost, Dan Reed, Kay Willshire, and Mike Garsteig, by Mayor Coleman,
to the Advisory Committee for People with Disabilities.
Adopted Yeas - 7 Nays - 0
14. Resolution - 00-585 - Finalizing City Council action taken June 7, 2000, conceming
adverse acrion against all licenses held by Metro Baz & Grill, Inc., dba Arnellia's, 1183
University Avenue.
Adopted Yeas - 7 Nays - 0
15. Resolurion - 00-586 - Authorizing the City of Saint Paul to accept a gift of air
transportation and related necessary meals or dinner expenses from St. Jude Medical to
allow Mayor Coleman to attend a"Salute to Bruce Vento" celebration in Washington,
D.C. on June 27, 2000.
Adopted Yeas - 7 Nays - 0
16. Resolution - 00-587 - Approving the changes in polling locations and approving the list
ofpolling locations.
Adopted Yeas - 7 Nays - 0
17. Resolution - 00-588 - Approving Right-of-Way management pernut fee structure.
Adopted Yeas - 7 Nays - 0
18. Resolurion - 00-589 - Approving the following organizations to the 2000 Charitable
Gambling 10% Club: Asian Pacific Youth Alliance, El Rio Vista Booster Club, Front
Booster Club, Groveland Booster Club, Hazel Park Booster Club, 7ohnson Area Baseball
Boosters, and Stazlings Volleyball Club.
Adopted Yeas - 7 Nays - 0
19. Resolution - 00-590 - Approving disbursement of Youth Programs Funds to the following
organizations: District 6 Planning Council, Dunuing Boosters, Eastview Booster Club,
Edgcumbe Community Center Hockey Booster Club, Frost Lake Athletic Membership
Endowrnent Society, Harding Area Girls' Fastpitch Softball, Hayden Heights Youth
Alliance, Lexington/Hamline Community Council, St. Paul Midway Little League, St.
Paul Police Explarer Post #454, St. Paul Urban Tennis Program, SuperClown, and Twin
Star Baseball Club.
Adopted Yeas = 7 Nays - 0
June 21, 2000 City Council Summary Minutes
Page 4
20. Resolution - 00-591 - D'uecting the Division of Pazks and Recreation to enter into a joint
use agreement with Saint Paul Public Schools for the construction and use of a baseball
field at ArlingtoniArkwright Park.
Adopted Yeas - 7 Nays - 0
21. Resolution - 00-592 - D'uecting the Division of Pazks and Recrearion to renew the
existing lease agreement with Higher Education Services Office/Get Ready Program for
office space at Baker Comxnunity Center.
Adopted Yeas - 7 Nays - 0
22. Resolution - 00-593 - Authorizing the Police Department to enter into an agreement with
the Miunesota Deparhnent of Huxnan Services to provide training to the 2000-02 Recruit
Academy on how to interact and provide service to the hearing impaired community on
June 14, 2000.
Adopted Yeas - 7 Nays - 0
23. Resolution - 00-594 - Authorizing the Police Deparhnent to enter into an agreement with
the Miunesota Vehicle Safety Traiving & Research Center to provide driving inshuction
for the 2000-02 Recruit Academy and three hours of classroom training.
Adopted Yeas - 7 Nays - 0
24. Resolution - 00-595 - Authorizing the Police Department to enter into an agreement with
the Washington County Agricultural Society to use the Washington County Fairgrounds
on June 21, 2000, to train the 2000-02 Recruit Academy in Mobile Field Force Tactics.
Adopted Yeas - 7 Nays - 0
25. Resolufion - 00-596 - Accepting a donation of motorcycle helmets and radio equipment,
valued at $5,627, to the Police Department Motorcycle Patrol Unit from Mr. John
Nasseff:
Adopted Yeas - 7 Nays - 0
26. (Removed for discussion
27. (Removed for discussion)
28. Resolution Approving Assessment - 00-599 - In the matter of sumuiary abatements
(property clean-up) during April and/or May, 2000 (J0003A); towing abandoned vehicles
from private propert7 during December, 1999 and/or January or February, 2000, and
vehicles towed from775 Reaney Avenue and 672 Arcade Street (J0002V); demolirion of
vacant buildings during April, 2000 (J20002C); and boazding-up buildings during Mazch,
2000, and setting date of Legislative Hearing for August 15, 2000, and City Council
Hearing foz August 23, 2000.
Adopted Yeas - 7 Nays - 0
June 21, 2000 City Council Summary Minutes Page 5
NIISCELLANEOUS
41. Slide presentation of 2000 Saint Paul heritage preservation awards.
Brian Wass, Arclutect and Principal for Krech, O'Brien, Mueller, and Wass, and
President of the American Insritute of Architects-Saint Paul Chapter, representing 350
azchitects in Saint Paul, appeazed. Mr. Wass said their firm sponsors the awazds along
with the Heritage Preservation Commission (HPC). These awards were presented on
May 17, 2000, for 17 projects representing 53 individuals, owners, architectural firms,
developers, contractors, and govemment agencies. They all were honored for
maintaining the history of Saint Paul.
Dudley Yuukin, HPC, appeared and stated there are a wide range ofprojects that
represent the positive benefits of historic preservation for the sake of history, community,
and revitalization of Saint Paul.
Aaron Rubenstein, Office of License, Inspections and Environmental Protection and staff
to the HPC, presented slides of the buildings which received awazds.
26. Resolution - 00-597 - Allowing placement of "Snoopy" figures in the public right-of-way,
exempting them from permit fees under Chapter 135, and accepfing liability.
Councilmember Blakey moved to withdraw the resolution.
Withdrawn Yeas - 7 Nays - 0
FOR DISCUSSION
(Items 27 and 29 were discussed in tandem.)
27. Resolution - 00-598 - Memorializing City Council action taken May 10, 2000, granting
the appeal of Neighbors Opposed to Victoria Plaza, Inc., Suminit Hill Association, and
East Mall Association to a decision of the Planning Commission approving the site plan
for a commercial development and parking ramp at 864 Grand Avenue.
Councilmember Coleman moved to lay over one week. (see discussion under Item 29)
Laid over to June 28 Yeas - 7 Nays - 0
29. Update by the Administrarion regarding addirional parking at the corner of Grand and
Victoria Avenues. (iJpdate requested by Council on June 7)
Susan Kimberly, Deputy Mayor, appeared. She said staff from the Department of
Plauuiug and Economic Development ha�e been meeting with the developer, neighbors,
and relevant parties and they have requested a one week lay over with the hope that there
June 21, 2000 City Council Summary Minutes
Page 6
will be a resolution agreeable m everyone by that time.
Councilmember Coleman moved to lay over one week. He said he has not seen the final
agreement but he understands it has been signed by all of the parties and, hopefully, it
will be an agreement that everyone can live with.
Laid over to June 28 Yeas - 7 Nays - 0
30. Report from the Office of Human Rights pertaining to "fair housing." (Report requested
by the Council on May 3) (Laid over from June 'n
A report was presented by Tyrone Terrill, Director, Office of Huxnan Rights.
Tyrone Terrill, Office of Human Rights, stated that housing has become more
problematic and there is an increase in housing discrimination. Like other cities, most
people do not file housing discrimination charges. They simply go somewhere else to
look for housing. Another issue is that some people may think they were denied housing
because there is not enough housing available and the Fair Housing Council is an asset in
dealing with issues in this azea.
Councilmember Blakey noted that $30,00� was allocated to Auman Rights for fair
housing testing. He asked if the testing was going to be done so landlords are aware of
these issues. Mr. Terrill responded there will be a contract with the Minnesota Fair
Housing Center for $30,000 which will be used for training and testing. Some of the
training components would include the involvement of the Human Rights Office,
Housing and Urban Development (H[JD), and the Minnesota Depariment of Human
Rights. The City would be participating free of cost.
(Benanau, Coleman & Harris left during the discussion)
Councilmember Blakey asked when would the testing be done and the when would the
results be auailable. Mr. Terrill responded that testing will be done when someone has
been denied an apartment or home. Testing could also include a particulaz building or
bank. The cost is usually about $300 to $400 per test. Testing does not always mean
discrnnination took place but there needs to be a full investigation in order for the chazges
to be upheld.
Councilmember Blakey stated that sometime in 2000 there will be a contract with the
Minnesota Fair Housing Council and the City will be provided with the results if there
was an indicarion of bias. Mr. Terrill said he will provide a report to the Council on a
quarterly basis regarding this information.
Councilmember Blakey said he wouid like to see the scope of the contract with the
Minnesota Fair Housing Council when it is signed. By the next City budget cycle, the
Council can deternune whether they are receiving a return on money invested in this
issue.
June 21, 2000 City Council Sununary Minutes
Page 7
31. Report from City Council staff and the Admiuistrarion regarding District Energy Saint
Paul, Inc's. request for an extension of the Term of the District Heating Development
Company Franchise for an additional twelve years from October 4, 2013 to October 4,
2025. (Report requested on June 7)
Gerry Strathman stated a meeting was held with City Council and Aduiiiustrative staff
and his recommendation is that this issue be referred to the City Council Organizarional
Meeting on June 28, 2000.
Councilmember Blakey moved to refer the matter to the June 28 Organizational Meeting.
Referred to the City Council Organization Meeting on June 28, 2000.
Yeas - 4 Nays - 0 (Benanav, Coleman and Harris were not present)
(Coleman returned)
32. Report from the Mayor and his administration on nnplementing a program to provide
technology trauung for Saint Paul residents to establish a base of "Huxnan Capital" for
business. (Report requested by Council May 3, 2000; C.F. 00-429; laid over from June
14)
Councilmember Blakey moved to lay over one week.
Laid over to June 28 Yeas - 5 Nays - 0 (Benanav and Harris were not present)
(Benanav & Harris returned)
33. Resolution - 00-547- Approving a Management Agreement for RiverCentre with Saint
Paul Arena Company, LLC. (Laid over from June 14)
Joe Reid, Budget D'uector, appeared and stated there was a new agreement and some of
the issues raised in previous discussions were incorporated in the document. Mr. Reid
reviewed the changes in the document.
Councilmember Coleman asked where the responsibility for liability will be for the
connection -- as it leaues the library or as it leaves the existing skyway system. Mr. Reid
responded his expectarion is that it would cover the public portion from where it goes
down underground to the RiverCentre. He is not sure how the elevator would be dealt
with.
Council President Bostrom suggested the Port Authority would be responsible for the
elevator and stair tower. Mr. Reid responded that would be correct once there is a clear
right-of-way into the building.
June 21, 2000 City Council Summary Minutes
��
Councilmember Coleman asked if the language needs clarification or if the current
language is okay. Mr. Reid responded the current language is okay, but the documents
related to the Port Authority, the Convention and Visitors Bureau, and the City should be
reviewed.
Coleman presented two amendments to the document.
Councilmember Coleman moved approval of the amendments
Adopted Yeas - 7 Nays - 0
Mr. Reid reviewed the sections of the agreement pertaining to management fees and
commissions.
Councilmember Blakey asked about the management fee and why the RiverCentre
Authority would not be getting a matching revenue as well. Mr. Reid responded they are
talking about a certain number of revenues generated by the facility. 17ae agreement does
not deal with other revenues such as the parking ramp. Based on the information
provided by the RiverCentre Authority fiscal staff, the RiverCentre will net
approximately $45Q000 to $500,000 as a result of this agreement. The RiverCentre will
be getting some money, but it is not reflected in the document; it will be reflected in the
yeaz-end financials for the RiverCentre Authority. Mr. Reid said he would have liked to
see it reflected in the agreement, but it cannot be done because of IRS regulations.
Of the $500,000, Blakey asked if it reflects the 50% share the RiverCentre Authority
received. Mr. Reid responded the authority will get 100% of that as a result of increased
revenues and reduced eacpenditures because of the ability to share staff, equipment, etc.
Councilmember Blakey asked about the issue of the tunnel and if the projection of a 15%
increase in business was added into the revenue. Mr. Reid responded it is reflected to
some extent but he didn't build in anything specific. The huinel will not be completed
until the end of 2001 and will not be in operation unti12002 or 2003. Councilmember
Blakey suggested there be an amendment to reflect 15% so the City would get a share of
the money. He is concerned that it is not reflected in the agreement. Mr. Reid responded
if they were to assume that happens, and the numbers are approximate, the City would
take in another $50,000 or $75,000, all of which goes to the RiverCentre Authority.
If the Council is bringing the Arena and RiverCentre management together, the tazget
should be higher, stated Mr. Blakey. Mr. Reid responded it is a projection and the
projections haue been higher than the actual. That is why he thought it was a reasonable
figure to use for the first tazget.
June 21, 2000 City Council Suivmary Minutes
Page 9
Mr. Blakey stated the $3.7 million is sometbing that should be reached very easily. Witl�
both operations playing offeach other, it seems the projections would have been higher.
Mr. Reid stated that in the past, the estimates haue been overly optimistic. He was most
interested in meeting these targets, creating some stability in the revenues generated, and
managing the cost without doing it at the eapense of the revenue.
Councilmember Benanav stated there was an anticipated 15% increase in revenues as a
result of the tunnel being built. If that is the case, he asked if the target is correct and if it
can be incorporated. Mr. Reid responded he did not remember 15% as the number, but it
is an estunate and there is nothing to go on at this point.
Councilmember Benanav stated $10 million was spent on a tunnel and the Council was
given assurance it would generate new business. A lot of money was spent on an
estimate that the City is not sure will be met. It should be reflected in the year 2003.
Also, he asked if there can be assurances that two years &om now all the goals will be
met. Mr. Reid responded he can give that assurance in good faith, but it will be up to the
RiverCentre Authority and the City Council to see that it happens because they will be
approving the budget every year and they will have financial information on the prior
year's eaperience when doing it.
If the goals have been met at the end of the first year but the RiverCentre Authority has
not received what the City Council thought they would, Benanav asked if the targets can
be amended. Mr. Reid responded changes can be proposed at anytime, but this is a three
year agreement. If the revenue targets are being met, then the Council would haue to
look at the expenditure elements during the budget deliberations.
Councilmember Benanav asked far assurances from Mr. Reid that someone wiil not say
later that the RiverCentre has not met the projected revenues. Mr. Reid responded he
hopes they will exceed the revenue tazgets.
Council President Bostrom stated several things have happened that contributed to
problems with finances at the RiverCentre. When the 5mithsonian Eachibit was brought
in, many other organizations that had booked there had to be relocated. The cost to do
that was expensive. Also, the new arena put the old arena out of service for two years.
Something could happen at the Wilkins Auditorium and thus something could happen to
some of this revenue. The Council needs to recognize that this is an area constantly in
flus.
Councilmember Coleman moved approval. He stated the tunnel was not strictly to
enhance doilazs directly coming out of the RiverCentre, but it was a benefit to the hotels,
restaurants, eta The tunnel will help increase business at the RiverCentre. He pointed
out that the State Teachers Association has now booked the facilities whereas they
previously were not going to come to Saint Paul. Ultimately, three years from now the
June 21, 2000 City Council Summary Minutes
Page 10
Council can re-look at this issue if it is not producing what it should. However, the
Council should do whatever it can to ensure success of the Minuesota Wild and the
RiverCentre, otherwise the inveshnent will be for naught. The document now assures the
success of the facility and the smooth transition to single management. This is an
important step and the Council should go forwazd with it, Coleman said.
Councilmember Blakey asked if the I S% was captured in the budget cycle in the end.
Mr. Reid responded the benefit of the 15% is to the RiverCentre and the City. For the
portion that benefits the RiverCentre, it will fall to the bottom line of the RiverCentre
budget. Because of the connection, the City will be able to draw larger conventions.
In three years if the City decides to part from the agreement, Councilember Blakey asked
what will happen to the employees. Mr. Reid responded that 180 days before that would
happen, a decision will be made that the manager will not continue to provide that service
to the facility and the Council will have a choice of hiring a different manager. Or there
is an option of bringing the employees back to the City.
If this agreement is not renewed, Blakey asked if another management company would
retain the 70 employees. Mr. Reid responded that may be what the Council chooses to
do. It is explained on Page 8, Section 2.7(b).
Councilxnember Reiter asked if there will still be a RiverCentre Board and how many
members it would consist of. Mr. Bostrom responded there will still be a board and he
and Mr. Coleman will be on it.
Councilmember Blakey asked about cost allocation of employee terminations. Mr. Reid
responded this was one of the more important things for the City and the RiverCentre
Authority -- that the employees would be treated fairly at the time of separation and that
Saint Paul Arena Company (SPAC) would pay those costs. The allocation plan is
something that has to be agreed to by the RiverCentre Authority, City Council, and
SPAC.
Mr. Blakey asked about the employee pension issue. There are 17 non-union employees
who receive $300 each for retiree health care benefits and City employees got 5.18% in
their pension plan. Those employees will not get any allocation to their pension plan.
Mr. Reid responded the compensation plan was offered to all employees and discussed
with them in some detail.
Martha Fuller, SPAC, appeazed and stated the pian that SPAC offered is not a pension
plan but a 401K plan in which employees can defer a percentage of their salaries before
tases and they have the opportunity to choose how it would be invested. It is a typical
plan structure for a private sector employer. It also provides for an employer match. At
this point in their evolution, the board is not authorized to provide an employee match,
June 21, 2000 City Council Summary Minutes
Page 11
but it may be done at some point. The 5.18% is part of the total package that the unions
negotiated. The non-represented staff have a variety of tools for compensation:
discretionary bonuses, potential for profit sharing, and a whole array of tools that private
sector employers, not bound by union agreements, can make auailable to ariract and
maintain qualified staff.
Councilmember Blakey asked what would prevent City employees from wanting the
5.8% that they were missing. Terry Haitiner, Office of Labor Relations, appeazed and
stated it is not allowed under State law: time cannot be bought back from a private
employer.
Councilmember Blakey moved an amendment indicating that nothing in this contract
shall obligate the City of Saint Paul or the RiverCentre Authority to pay any future
employer pension contributions during the term of this contract or extended contracts or
former RiverCentre employees hired by the SPAC in the event they become rehired by
the City when this contract ends.
Peter McCa11, City Attorney, appeazed and stated the City will be giving layoff notices on
June 30, 2000, to the employees terminating their employment and SPAC will be offering
employment begiiming 7uly 1, 2000. As a matter of law, they will be terminating
obligations of the City to pay future contributions for those employees. As a matter of
law, the City is covered. If the employees return to the City at some future date, the
obligation of the City to pay pension would be reactivated at that time. If the State
legislature were to pass a law affording those sorts of rights to employees, it would
override any provision in the contract at this point.
Councilmember Blakey asked about disclosure, vote, and record regarding pension for
non-union employees. Mr. Halriner responded meetings were held with the employees.
There was legislation passed to provide enhanced PERA benefits for the employees.
They looked at what the Wild was proposing and the projections of the benefit available
to people at the time of retirement is comparable to what the City has now. In addition,
there are possibilities of enhancement that SPAC will be worldng on in the fuhxre.
Councilmember Lantry stated she had concerns with this contract regarding how the
employees would be treated and the boolang policy but she felt all the issues raised at ttris
meeting were addressed or eaplained to her satisfaction. As for the targets being correct,
the City has never had a hockey team in a new azena with a new convention center and a
tunnel connecrion. She assumes there aze educated guesses and the City Council has to
rely on other people to give estimates.
Adopted (including the new version of the Agreement dated 6/16l00, as amended on
6/21/00) Yeas - 7 Nays - 0
(Blakey & Coleman left the meeting)
3une 21, 2000 City Council Summary Minutes
Page 12
34. Report from the Division of Pazks and Recreation on the Inirial Lease Term and any
extended Lease Terms regatding the Saint Paul Yacht Club's performance on specific
provisions contained in the Lease Agreement. (Report requested by the Council on April
17, 1999; C. F. 99-306)
Mike Hahm, Division of Parks and Recreation, appeared. He noted that a written report
was prepared and dishibuted by Vic Wittgenstein, D'uector of Parks and Recreation. Mr.
Hahm said things are going well with the Yacht Club and the majority of the good news
is related to the Harriet Island Renovation Project. This year, the gas dock operations
were moved from the area neaz the Wabasha Bridge to a location at the upper hazbor.
ORDINANCES
35. Second Reading - 00-571 - An ordinance amending Chapter 166 of the Saint Paul
Legislative Code by revising the residential street permit pazking district in the University
of Minnesota Farm Campus Neighborhood and which provides for the orderly
administration of the district.
Laid over to June 28 for third readingJpublic hearing
36. Second Reading - 00-572 - An ordinance amending Chapter 166.10 of the Saint Paul
Legislarive Code by changing the residential street permit parking district in the Irvine
Park Neighborhood from Two Hour Pazking, 8AM-8PM Monday-Friday, Except by
Permit, Area 13 to No Pazking Except by Permit, Except Holidays, Area 13.
Laid over to June 28 for third readinglpublic hearing
37. Second Reading - 00-573 - An ordinance to clarify the imposition of penalties for
violarion of the Saint Paul Legislative Code.
Laid over to 7une 28 for third reading/public hearing
38. Second Reading - 00-574 - An ordinance to clarify and supplement tasi driver's license
requirements.
Laid over to June 28 for third reading/public hearing
39. First Reading - 00-600 - An ordinance amending various sections of Legislative Code
Chapters ll 6 and 135 of the Saint Paul Legislarive Code to provide for regulation of the
public right-of-way.
Laid over to June 28 for second reading
40. First Reading - 00-6�1 - An ordinauce to provide far the publication and distribution of
the legislative and administrarive codes by the City Clerk.
Laid over to 7une 28 for second reading
7une 21, 2000 City Council Summary Minutes
Susroension Items
Page 13
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolufion - 00-602 - Amending Council File 00-271, adopted on June 14, 2000, �anting
the property owner addirional time of 180 days to complete repairs at 783 Como Avenue.
Councilmember Reiter indicated that the owner will be posting the bond shortly.
Adopted Yeas - 5 Nays - 0 (Blakey and Coleman were not present)
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolution - 00-603 - Authorizing payment to Wasche Commercial Finishes, Inc., in full
settlement of their claim against the City of Saint Paul.
Phil Byrne eacplained that this issue, regarding the settlement for painting the skyway
bridges, was discussed in a City Council closed meeting.
Adopted Yeas - 5 Nays - 0 (Blakey and Coleman were not present)
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolution 00-604 - Requesring that the Federal Trade Commission (FTC) include
Minnesota in their investigation into the cause of escalated price levels of gasoline.
Council President Bostrom explained this resolution pertains to the increase in gasoline
prices. Several agencies have asked the FTC to look at this issue and our Ciry budget
could suffer by over $600,000 due to the increase of these gasoline prices.
Councilmember Benanau stated he would like to see the wards "of price gouging and
inclusion" removed from Line 12.
Adopted Yeas - 4 Nays - 1(Benanav) (Blakey and Coleman not present)
POLICY SESSION
There was no policy session this month.
June 21, 2000 City Council Summary Minutes
Councilmember Lantry moved to adjourn the meeting
Nays - 5 Nays - 0(Blakey & Coleman not present)
ATTEST:
� � A r -
Nancy An t�On
Assistant Council Secretary
AD70 D AT 5:25 P.M.
�/
Daniel Bostrom, Council President
Minutes approved by Council
Page 14
� \ O00
rn/mce
STATE OF MINNESOTA
OFFICE OF ADiVIINISTRATIVE HEARINGS
100 Washington Square, Sude 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Apri14, 2000
Saint Paul City Council
Room 310
St. Paui City Hall/Ramsey Co.
Gourthouse
15 West Kellogg Boulevard
St. Paul, MN 55102
RE: In the Matter of All Licenses Held by Metro Bar & Grill, Inc., d/b/a
Arnellia's, for the Premises at 1183 University Avenue, Saint Paul,
License I.D. No. 54523; OAH Docket No. 9-2111-12640-3
To Whom It May Concern:
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the official record. Ous file in this matter is now
being closed.
Sincerely,
r�� ��� � �
�,� �
PHYLLIS A. REHA —�
Administrative Law Judge
Telephone: 612/341-7602
'dG u.
Encs.
ca Virg'inia D. Palmer
S. Mark Vought
����'�F�%
�� s �aa�
�
Providing Impartiai Hearings for Governme�t and Citizens
� An Equal Opp o rt unity Employer
Admmistrative Law Section & Administrative Serv�ces (612} 341-76�0 + TDD No. (612) 341-7346 � Fax No. (612) 349-2665
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Margaret K. Is4eman, being first duly sworn, hereby deposes and says that
on the 4 day of A ril, 2000, at the City of Minneapo{is, county and state
aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIOfVS
OF LAW AND RECOMMENDATION: OAH Docket No. 9.-2111-12640-3 by
depositing in the United States maii at said City of Minneapolis, a true and
correct copy thereof, properiy enveloped, with first ciass postage prepaid and
addressed to the individuais named herein.
Saint Pau( City Council Virginia D. Palmer
Room 310 Assistant St. Paui City Attorney
St. Paui City Hall/Ramsey Co. Courthouse 400 City Hall
15 West Kellogg Boulevard 15 West Keliogg Boulevard
St. Pauf, MN 55102 St. Paul, MN 55102
S. Mark Vought
Attorney at Law
Six West Fifth Street, Suite 700
St. Paul, MN 55102-1412
��2L..k4QA-�' K � �-�.m-�_a..v`.
Marg e K. Isleman
Subscribed and sworn to before me
this �ay of April, 2000
�� � .
Notary Public
� '°' tavoNAEC�tW
e.,r�, . • ��ssior�
�
, e .uwwRr�.zoos
9-2111-12640-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE C1TY OF ST. PAUL
In the Matter of All Licenses Held by
Metro Bar & Grill, Inc., d1b/a Arnellia's, for
the Premises at 1183 University Avenue,
Saint Paui, License I.D. No. 54523.
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND RECOMMEIVDATION
The above-entitled matter came on for hearing before Rdministrative Law Judge
Phyilis A. Reha, acting as a hearing officer for the Saint Paul City Council, commencing
at 9:30 a.m. on Wednesday, January 26, 2000, at the Saint Paul City Hall/Ramsey
County Courthouse, Room 41, 15 West Kellogg Boulevard, St. Paul, Minnesota. The
hearing was heid pursuant to a Notice of Hearing dated December 15, 1999.
Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West
Keilogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City's Office
of License, lnspections and Environmental Protection (LIEP). S. Mark Vaught, Attorney
at Law, Six West Fifth Street, Suite 700, Saint Paul, Minnesota 55102-1412, appeared
on behalf of the Licensee (hereinafter "Arnellia's" or "Licensee"). The record closed on
March 7, 2000, with the receipt of the last post-hearing submission.
NOTICE
;.
This Report contains a recommendation and not a final decision. The final
decision will be made by the Saint Paul Gity Council, which may a�rm, reject, or modity
the Findings and Conclusions contained herein. The Council wili consider the evidence
in this case and the Administrative Law Judge's recommended Findings of Fact and
Conclusions, but wi11 not consider any factual testimony nat previously submitted to and
considered by the Administrative Law Judge. The Licensee will have an opportunity to
present oral or written arguments regarding its position on the recommendation of the
Administrative Law Judge in the application of the law or interpretation of the facts and
may present argument related to its position. The Council's decision as to what, if any,
adverse action shall be taken will be by resolution under § 310.05 of the St. Paul
Legislative Code. To ascertain when the Council wifi consider this matter, the parties
shoufd contact the Saint Paul City Council, Room 310, St. Paul City Hall/Ramsey
County Courthouse, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102.
STATEMENT OF ISSUES
The issues in this matter are whether Licensee violated conditions on its license
by failing to maintain video surveillance of the exterior of the licensed premises and
failing to record that imagery, and, if so, what penalty is appropriate.
Based upon all of the files, records and proceedings herein, the Administrative
Law Judge (ALJ) makes the following:
FINDINGS OF FACT
1. Metro Bar & Grill, lnc. is a corporation•doing business as Arnellia's at 1183
Universifij Avenue, Saint Paui, Minnesota 55104. The corporation is owned by Arneilia
Ai1en. Arnellia's has an Entertainment (B) license, a Gambling Location (S) license, a
Cigarette/Tobacco license, and two Liquor On-Sa(e licenses. Arnel(ia's licenses remain
valid pending the outcome of this proceeding. The business is owned by Arnellia Allen.
The manager is her son, Jerry Allen. Jerry Allen's brother, Larry Ailen, is employed by
Arnellia's to provide security.
2. Arnellia's is located directfy on University Avenue. To the west on that block
is Antiques Minnesota. To the east side of Arneliia's is a parking lot and the Midway
Car Wash. To the north side is an alley, with some parking and a dumpster. Four
external video cameras have been +n place on the building for approximately six years.
One camera provides a view of the front door on the south side of the building, one
camera observes the north side around the back door of Arnellia's (near the dumpster),
and the other two cameras provide different angles of the parking lot on the east side of
the building. Signs posted on the building state that video surveillance is being
conducted. The video cameras send images to a monitor, which displays a picture for
each camera together on the same screen.
3. The area in the vicinity of Arnellia's is subject to frequent police ca(Is and
significant levels of crime. To address these neighborhood problems and prevent any
exacerbation of those problems, Arneliia's operates its business under a number of
restrictions that have been in place for years.� These restrictions include imposing a
dress code on customers, requiring picture identification, banning individuals from the
premises, screening music played on the premises for inappropriate content, using a
metai detector to exclude weapons fiorm the premises, and providing security to ensure
orderiy behavior on the premises.
4. ln May, 1999, a man was shot and kilied while in a car parked in front of the
Midway Car Wash. In response to that killing, management at Arneliia's met with the
Saint Paul Police, LIEP, and community representatives to determine what additional
efforts could be made to address violent acts in the vicinity of Arnellia's. The Licensee
agreed to add taping equipment to its existing video surveillance system. This
additional condition became effective on July 8, 1999 and states:
Licensee ho(der wiA maintain in good working order at (east 4 video
surveiflance cameras on the exterior of the building to constantiy monitor
the exterior of the premises. Tapes must be maintained for 7 days.
5. After agreeing to the conditions regarding the video surveiliance system, a
manager at Arnellia's developed a system to be followed for taping. The first tape of the
' The entire list of restrictions, identified as conditions on Arnellia's license, is attached as Appendix A.
The list of conditions includes the subsequently agreed-to conditions regarding the video cameras.
Z Midway Car Wash is located at 1169 University Avenue.
3 Exhibit 2.
I]
day would be started when the estabfishment was opened for business, around noon
each day. When that tape ran out, another employee inserted the second tape. "{"fiat
tape would record until after closing. Tapes were kept for a week and then reused for
taping.
6. in August, 1999, Arnellia Allen discovered that one of the four surveillance
cameras was not working properly. The camera operated properly in daylight, but did
not return a clear image at night. The contractor who initially instalied the system, Earl
Allen, was contacted in early August, and he examined the system approximately one
week later. The contractor concluded that a new camera was required and it was
ordered from the manufacturer in California. Jerry Ailen paid the contractor to order the
camera on August 13, 1999. The date that the camera was ordered by the contractor is
unknown.
7. 7he camera was delivered to Arnellia's in early September. The contractor
was notified that the camera had arrived.
8. On September 23, 1999, a shooting incident occurred in the alley behind
Arnellia's. Sergeant Munoz of the Saint Paul Police Department went to Arnellia's to
obtain the videotape of the imagery captured by the video surveillance camera.
Sergeant Munoz was informed that there was no tape available for that evening. Larry
Allen had forgotten to put in the second tape on that day.
9. Arnelfia's responded to the faiiure to tape by modifying its system of taping.
Longer duration videotape was purchased, the employees responsible for the system
were instructed to make certain that a tape was in the machine, and the system of
retaining videotapes was modified.
10. On September 30, 1999, the Saint Paui City Attorney's Office issued a
Notice of Violation to Arnellia's. The Notice indicated that on September 23, 1999, the
Licensee failed to have its video cameras on and taping and that constitutes a violation
of the video surveiliance condition on Arnellia's license. No citation was made in the
Notice of Violation to what provision of the Saint Paul Legislative Code was aileged to
have been violated and no suggested penalty was indicated.
11. On October 7, 1999, Larry Alfen was working the evening shift at
Ameliia's. At about 8:00 p.m., Larry A41en switched the videotape for the tape that had
been recording since Arnellia's opened that morning. When he activated the video
recorder, he inadvertently pressed the "play" button rather than the "record" button.
12. Near midnight on October 7, 1999, an altercation began between patrons
in Arnellia's. Those participating in the altercation were removed from the premises.
The dispute continued outside and someone fired shots. A car struck and killed a
"The image returned by that camera at night would only show objects with their own illumination, such as
automobile headlights and taillights.
5 Earl Allen is no relation to Arnellia Allen, Jerry Allen, or Larry Allen.
6 Exhibit 5.
3
pedesfrian in the middle of University Avenue at that time. A large number of oificers of
the Saint Paul Police Department responded to the scene.
13. Larry Allen had been observing the incident outside Arnellia's. He went in
to check on the videotape sysfem and noticed for the first time that evening that the
recorder had been set to play, rather than record. He immediately stopped the tape and
began recording. An officer of the Saint Paul Police Department entered a few minutes
later and requested the videotape. Larry Allen gave the officer the videotape.
14. !n mid-October, the contractor returned to Arnellia's and installed the new
camera. The installation of the new camera allowed nighttime images from a second
angie in the parking lot to be recorded on the VCR.
15. As a result of the October 7 error in operating the VCR, Arneilia's again
modified how the videotaping system was to operate. A three-week rotation of
videotape was instituted. Each staff member at Arneflia's was instructed to check the
operation of the VCR throughout the work shift. Any staff member observing anything
unusual about the monitor or VCR is instructed to report to the manager on duty.
16. On November 10, 1999, the Saint Paul City Attorney's Office issued a
Notice of Second Violation to the Licensee. The Notice stated that on October 7, 1999,
Arneliia's failed to have its video cameras on and taping and that constitutes a violation
of the video surveillance condition on Arnellia's license.' No citation was made in the
Notice of Violation to what provision of the Saint Paul Legislative Code was alieged to
have been vioiated and no suggested penalty was indicated.
17. On December 15, 1999, the Assistant City Attorney, Virginia D. Palmer,
issued a Notice of Hearin� in this matter. The Notice of Hearing identified the hearing
date as January 26, 1999.
18. The misidentification of the date of the hearing in the notice of this matter
did not cause any confusion for Licensee. Licensee was not prevented from fully
participating in the hearing due to the erroneous date.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paul City Council have
authority to consider the charges against the respondent and the penalty, if any, that
should be paid the city pursuant to Sec. 310.05 of the St. Paul Legislative Code.
' Exhibit 9.
8 Exhibit 10.
�
2. LIEP has substantially complied with all relevant substantive and procedural
fegal requirements. ,
3. The Licensee received adequate and timely notice of the hearing and of the
charges against it.
4. LIEP has the burden of psoof to establish, by a preponderance of the
evidence, that the respondent vioiated the conditions of its iicensure.
5. The Licensee is in substantiai compliance with the conditions of its license
through the installation and operation of a videotaping system attached to its video
surveillance cameras. The failure ta record the images captured by the video
surveillance cameras outside the licensed premises on September 23 and October 7,
1999, was inadvertent by the Licensee.
6. The efforts made by the Licensee to repair the malfunctioning camera
complied with the condition that four video cameras be "maintained in good working
order" outside the business premises.
7. There is no basis for taking adverse action against the Licensee under
Sections 310.06(b)(5) and 409.10 ofi the Saint Paui Legislative Code for the operation of
its video surveillance system.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
foliowing:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: That the Saint Paui City Council DISMISS the
action against the licenses held by Metro Bar & Grill, Inc.
Dated this �� day o# April, 20�0
���� ���
; �,.,wn
PHYLLI A. REHA �-��
Administrative Law Judge
Reported: Taped, three tapes
MEMORANDUM
Three incidents of violence are the motivation for bringing this action against the
Licensee. A killing in May, occurring in front of the business next door; a shooting in
September, occurring in the alley behind the business; and a shooting in October,
�
resulting in a pedestrian being struck by a car and kiiled. There is no evidence in the
record of this matter that any of these incidents took place on the 4icensed premises.
In response to the May killing, the conditions under which Arneflia's operates
were reconsidered. Conditions regarding video surveillance were added. The language
of the new condition itself is ambiguous, since that language does not expressly require
that the imagery captured by the e�cterior video surveillance cameras be recorded.
There is no dispute, however, that both LIEP and Arnellia's understood the condition to
require the addition of a VCR and recording the imagery from those cameras.
The record ln this matter is clear that Arnelfia's implemented the new requirement
consistent with its agreement. At first, tapes of six and eight hours in duration were
used to cover the fourteen hours per day that Arnellia's is open. After a period of trial
and error, Arnellia's discovered that additional time was needed to ensure that the
videotaping covered the entire time the establishment was open. Arneliia's then
switched to two eight-hour tapes per day. During this period staff discovered, afso by
trial and error, that the extended play option must be selected to ensure that the eight-
hous tape covers ali eight hours." No one at Arnellia's was able to set the date and
time feature on the VCR.
The second act of violence near Arnellia's was a shooting that took place in the
alley behind the building on September 23, 1999. The victim in that incident was struck
in the foot. The Saint Paul Police sought the videotape from that evening to assist in
their investigation of the incident. There was no tape from that evening, since Larry
A(len had forgotten to put a tape in the VCR. Arneliia's responded to the error by
reviewing the system that had been established for videotaping, adjusting that system to
ensure that the VCR was being aetivated at the appropriate times, and reminding the
responsible employees that the taping was a requirement.
The third act of violence occurred on October 7, 1999. At approximately 8:�0
p.m. on that date, Larry Ailen changed the videotape in the VCR for the evening. He
inadvertently pressed ihe wrong button on the VCR after inserting the new tape.
Around midnight, an altercation started in Arnellia's. In accordance with the
establishmenYs policy, the participants were ejected from Arnellia's. Those persons
continued their dispute outside and shots were fired. A car then struck a pedestrian in
University Avenue and that pedestrian was ki{led.
After seeing the events outside, Larry AAen went to check on the VCR. At that
time he discovered that it was in "piay" mode, rather than "record" mode. He
immediately began recording. At the hearing in this matter, Larry Alien acknowledged
his mistake.
LiEP maintains that violation of any condition is sufficient to take adverse aetion
against Arnellia's license. The serious consequences on September 23 and October 7
are asserted to be justification for a penalty of sixty days suspension. Arnellia's points
9 Several witnesses suggested that the automobile striking the pedestria� was exiting Arnellia's parking
fot.
70 While Condition 11 states that tfie cameras must monitor the e�erior continuously, both Arnelfia's and
LIEP understood the taping requirement to be on{y during business hours.
" The other option, standard piay, provides better video quality but much shorter duration.
�
out that there is no evidence that any videotape from either evening wouid have
prevented the incidents or materially aided the S,aint Paul Police in their subsequent
investigations.
Section 310.06(b)(5) authorizes adverse action be taken against a licensee when
the licensee fails to comply with any condition of the license. Section 409.10 sets out
the standards to apply in adding conditions to licenses as follows: -
Sec. 409.10. Restrictions on licenses.
When a reasonable basis is found by the council to impose reasonable
restrictions upon a license held under this chapter, the council, upon
issuing a new license or renewing a license or approving a transfer of a
license, may impose reasonable conditions and restrictions pertaining to
the manner and circumstances in which the business shai{ be conducted
to preserve the public peace and proiect and promote good order and
security. These reasonable conditions or restrictions may pertain to:
(1) A limitation as to the hours when intoxicating liquor may be sold and/or
consumed on the licensed premises;
(2) A limitation and restriction as to the exact location within a building
where intoxicating I+quor wiil be served andlor sold and/or consumed;
(3) A fimitation and restriction as to the means of ingress to or egress from
the iicensed establishment;
(4) A requirement that certain off-street parking fiacilities be provided;
(5) A condition that the license will be in effect only so long as the
establishment remains a drugstore, restaurant or hotei as defined by the
state liquor act or regulations adopted pursuant thereto;
(6} A limitation and restriction as to the means and methods of advertising
the sale of intoxicating liquor on the building and/or on the premises
adjacent thereto;
(7) Reasonable conditions limiting the operation of the ficensed premises
so as to ensure that the Iicensed business wili comport with the character
of the district in which it is located and/or to the end thatnuisances wili be
prevented; and
(8) Additional conditions upon hotels and restaurants which may in the
discretio� of the counci! tend to insure that the sale of liquor will take p(ace
on{y in conjunction with the sale and service af food.
The one repeated standard throughout the section is that any condition imposed
on a licensee must be "reasonable". The condition at issue in this matter falis under
item 7, which is the imposition of "reasonable conditions limiting the operation of the
licensed premises ... to the end that nuisances will be prevented.i Adverse action can
certainly be taken against a licensee for any unreasonable faifure to meet a condition
' Saint Pauf Legislative Code Sec. 409.10.
requir+ng videotaping. Conversely, where a licensee has a reasonable excuse for that
failure, adverse action is inappropriate.' ,
In each instance where the videotaping system was found to be faulty, action
was taken by Arnellia's to improve the system. VCRs are not "fool-proof' technology,
and gaps in recording are inevitable. The Licensee has demonstrated substantial
compiiance with the license condition and the two instances of noncompliance were
inadvectent. The degree of ongoing compliance is demonstrated by the other material
on the tape provided to the Saint Paui Police Department on October 7, 1999.'
LIEP asserts that violations of the license condition are established by the failure
of Arnellia's to ensure that the correct date and time are imprinted on the recording.
There is no such requirement in the conditions established fior Arnellia's. Adverse
action cannot be taken against the Licensee for failing to properiy set the date and time
of the VCR, absent some understanding that such conduct is required.'
Having one video camera malfunction is also cited by �IEP as a violation of the
license condition. 7he ob{igation in the license condition to "maintain in good working
order" four video surveii{ance cameras assumes that the technology will periodicaliy
malfunction and need to be fixed. The measure of compliancs is not whether any of the
cameras are broken, but whether prompt action is taken to repair them. In this matter,
the Licensee was prompt and a contractor was dilatory. The Licensee met the
requirement that the video surveiliance system be maintained.
73 This standard of conduct is reflected in other license actions involving entertainment establishments.
For example, in assessing whether adverse action was appropriate where female dancers "went topless"
without a bar owner's knowledge, Administrative Law Judge Peter Erickson stated:
This case is not so much one where critical issues of fact must be determined, but rather one in which
the penally must be appropriate to the violation. This case would be much difterent if, when Mr.
densen had seen that the dancers were topless, he had immediatety taken action, whether or
not successful, to curh the topless activities. However, Mr. Jense� decided that he could do
nothing at that time and it was not until after O�cer Nohr became involved that Mr. Jensen put an end
to the topless behavior. Additionally, Mr. Jensen could have instructed his bouncers and other
employees regarding the law on nudity and told them to enforce the prohibition if any of the dancers
decided undress. Although Mr. Jensen was not aware that the show would be topless, he is not
blameless for the resulting nudity which continued until after Officer Nohr arrived. However,
Mr. Jensen's good faith efforts to ensure that the show would not be topless betore ever
bookiog it should be given great weight.
Cify of Coleraine v. Har/ey Jensen, d/b/a Harley's Huf ll, OAH Docket No. 4-2101-5430-6
(Recommendation issued April 23, 1991)(emphasis added).
14 The time stamp on the tape provided is October 30, 7989, and that tape-records the entire evening's
events outside of Arnellia's. With the rotation of tapes described by Amellia's, the next time stamp that
would be imprinted on that particular tape is November 7, 1989. At about the middle of the tape
(approximately four hours at extended pfay), the scene changes to the events on October 7, 1999, and
the time stamp changes to November 7, 1989. The new date and imagery lasts only a few minutes,
which is consistent with the police officer receiving the tape that night. These facts support the testimony
of Larry Allen that the tape was inserted according to the procedure, but that the "play" button was
inadvertently pressed.
15 As discussed above, the language of the license condition fails to expressly require taping, much less
requiring accurate time stamps. There was no understanding between Arneflia's and L1EP that the VCR
must imprint an accurate time stamp to meet the license condition.
E:1
Robert Kessler, Director of LIEP, testified that the purpose of the video
surveillance license condition was: .
This establishment atfracts people that (sic) are prone to violence. And
that we have a responsibility to do everything we can to prevent that from
happening. And the conditions were designed, especially with the
conditions in regard to the cameras, to send a message to those people
that practice violence that they will be watched and that we wili have
records that wili protect the public. Because of the lack of good
management practices at that establishment, those records are not
available and I think as a result, the message is that they can get by with
these kinds ofi acts at that establishment without having to pay the price.�
There is no way for anyone outside the establishment to know whether
videotapes are being recorded at any particular moment. The video cameras and signs
warning about surveiilance are prominently displayed. Each of the three incidents that
prompted action concerning the Licensee occurred off of the licensed premises.
Possession of a business license does not grant police power to control the actions ofi
persons outside of the licensed premises. The purpose of "sending a message" to
persons outside the control of the licensee is accomplished by the visible indicia of
video surveillance.
The efforts made by Arneliia's to prevent a nuisance condition in the vicinity of its
6usiness are reasonable. Maintaining videotape generated by surveiilance cameras
does not relate to the ongoing business of the Licensee, but merely aids in the
subsequent investigations by police. The inadvertent failure, on two occasions, to
record the video camera imagery from outside the premises does not rise to a failure to
comply with the conditions on Arnellia's license. The actions taken to replace a
malfunctioning camera were reasonable. Arnellia's has demonstrated by a
preponderance of the evidence that it was in substantial compiiance with its license
conditions. LfEP failed to demonstrate that Arnellia's has failed to compiy with the
conditions on its license. Therefore, the Administrative Law Judge recommends that
this matter be DISMISSED.
�
76 Fiearing Testimony, Tape 1
.
�,
Appendix A
EFFECTIVE 07/08i99:
1. Dress Code: Arnellia's agrees to continue to enforce a dress code for customers
designed specifically to prevent patrons or customers from concealing weapons or
contraband inside baggy cfothing or wearing gang affiliated colors.
2. Adherence to Strict ident�fication Requirements: Ameifia's wifl require proper picture
identification from anyone who appears to be younger than 30 years old. Those without
proper identification shali be denied entrance.
3. Increase Communication with Police and Neighbors: Amelfia's shall initiate and
maintain regular communication with the west sector team police commander or his
designee, and licensing officials, Christine Rozek snd Kristina Schweinler. Meetings
shalf include neighborhood organizations to the extent possible.
4. Controi Music Type and Format: Arnellia's shall continue to be responsib{e for
screening out music that promotes or glorifies violence and nefarious or anti-social
behavior.
5. Arnelfia's management and security personnel will insure that patrons do not leave
enmasse, but rather, management and secuirty will encourage patrons to leave in an
orderly and controlled manner between 12:30 a.m. and 1:15 a.m.
6. The public telephones shall not allow incoming calis, nor any cafls to or ftom electronic
beepers or pagers.
7. Arnellia's shall maintian a list of all patrons who have bee� banned from the
establishment, and this list shall be strictly enforced by Arnellia's. Such list shall include
proper identification of that person, photograph and a �otice of trespass. This notice
should be in triplicate with o�e copy going to each of the followi�g: 1) Maintained by the
establishment; 2) LIEP; 3) the individual being 6anned. Once banned, a person will
remain banned for a minimum of o�e year. Arnelllas wfll cooperate with police in filling
out trespass notice(s).
8. Arnellias shal! continue to provide security personnel to promote the orderly behavior of
patrons on and leaving the premises. The premises shall include the area immediately
adjacent to the establishment. Special attention will be paid to encouraging patrons to
leave the area.
9. A(i employees and security personnel information shall be provided to LIEP for
background checks.
10. Arnellla's wiil employ the use of a metal detecting devices to ensure there are no
weapons on the premises.
11. Licensee holder wili maintain in good working order at Ieast 4 video surveillance cameras
on the exterior of the building to constantly monitor the exterior of the premises. Tapes
must be maintained for 7 days.
12. A video surveillance camera shall be maintained in good working order in the interior of
the establishment to monitor customers as they enter the establishment. Tapes must be
maintained for 7 days.
13. Signage shall be posted on the exterior of the building to notify patrons that the area may
be under video surveillance. �
14. Security personnef wiil be on duty daiiy from 8:00 p.m. until closing.
15. Back door wiil remain locked after 530 p.m. to prevent entry.
16. The licensee will lock the door of the establishment at 12:30 a.m. No additional patrons
will be aliowed entry after that time.
17. Conditions reviewed at renewal.
fiD7
OFFICE OF TI� CITY ATTORNEY
Clayton M Robinson, Jr_, Ciry Attorney
CITY �F SAINT pAUL. ��(� � t �� �� CivilDivisian
,Vo,mColeman,Mayor �� �-j!� _7 t !!1 n. �f1QCityHa11 Telephone:6J1266-8710
-' r'�Yi'estKellaggBlvd. Facsimile: 6i1?98-5619
r. --; ��,., ._ _, _ _. .- SarntPaul..Ninnesota5J102
.-� :' :�. ...: �U..
Mazch 6, 2000
The Honorable Phyllis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, MN 55401-2138
RE: In the Matter of the Licenses held by Metro Bar & Grill, inc. d/b/a Arnellia's
OAH Docket #: 9-2 1 1 1-1 2640-3
Dear Judge Reha:
Enclosed please find the City's Reply Memorandum in the above-referenced matter. A
copy of the same has been served by mail on Mr. Vaught.
I am also enclosing copies of a commurucation that I received from a Cornelius Brown
Jr., who is the Chairperson of the Ramsey Action Programs, Inc. This arrived after the hearing,
and I advised Mr. V aught, who offered no objection to my submission of this document to you,
with copies to him, as part of the "public comment" portion of the hearing.
Sincerely,
/'"_
�/ �'� �-��,
��
Virginia D. Palmer
Assistant City Attorney
cc: S. Mark Vaught
encl.
OFFICE OF ADNIINISTRATIVE HE�GS ,� � C` � V C p
FOR THE COUNCIL, OF THE ��, j � ,� ,���
CITY OF SAINT PAUL �"" :": t("I f J•,, �
-- -�i _
� i_. . ,;'�(ij
In re the licenses held by Metro $az & Grill, CTTY'S REPLY MEMORANDiJM
Inc., d/b/a Arnellia's
The City has the letter brief of the licensee dated March 1, 2000, which was received via
FAX on March 3, 2000, and submits the following in reply.
The failure to have one of four surveillance cameras operatin� was not willful
The failure by the Iicensee to haue one of the £ouz surveillance cameras operating was not
actually raised as a basis for adverse action, althougk it is a violation of the conditions. In fact, it
was not until the testimony at the hearittg by the sons of the licensee that it was apparent that the
fourth camera had been inoperable for a significant period of time. The actual violations noted as
the basis fox advexse action were the September 23, 1999 fail�e to have the video operaUng at
a11, so that no cameras were recording, and the failure to activate the recording mechanism on
October 7, 1999 until after the incident had already occuned. Nonetheless, the City did azgue
and does believe that the delay in discovering and fixing the problem with one of the surveillance
cameras illustrates that the licensee did not take the conditions relating to security cameras
seriously. This, together with the lack of communication to staff about the importance of the
condition and the lack of planning and training on how to implement it made it easy for the
employees to ignore the condition. Lany Allen's actual testimony was that he did not know how
the October 7, 1999 failure to record happened; he stated that initially he believed that another
employee must have been responsible for failing to activate the machine, but that he then decided
that he could have pushed "play" rather than "record". While Sb . Kempe testified that the
explanation was possible, ke did not believe that it was necessarily the true eYplanation or the
only way in which the failure to recard the inczdent could have happened.
The £ailure to have one camera in operatine order did not contribute to or cause the underlvinE
incidents. nor did the Respondent or nav of its employees participate in or contribute ta either of
the two incidents
Licensee argues that the vantage of the broken camera on the October 7, 1999 incident
did not encompass the area of the incident, and speculates that the camera would also have been
of little assistance in the investigation of �lie September 23, 1999 incident. No1 only is this
conclusion pure speculation, but it is completely inelevant. Nowhere in the conditions is there
an exception to the recording requirement stating that it is unnecessary i€the events which
happened might not have been in the range of the camera. The Licensee agreed to the condition
requiring at least four surveillance cameras on the outside of the building, to constantly monitor
the extexior of the premises. Tapes from the surveillance cameras were to be maintained for
seven days. Licensee quite simply failed to abide by these conditions.
Licensee argues that because there is no causation between the failure to zbide by the
conditions and the crimes committed on the two dates in question, thaY no penalty is appropriate.
The basis for the adverse action was that the Licensee faited to abide by the conditions placed on
the license. In fact, an azbument could easily be made that Licensee's failure to comply with the
conditions contributed to the ongoing problems, by failing to offer the police any useful evidence
to solve the crimes committed. Licensee did not dispute in any substanfial way that the people
involved in the September 23"' and October 7"' offenses had been customers of Amellia's earlier
in the evenin�. The fact that the Licensee failed to comply with conditions desiened to deal with
the probiems caused by her own customers is not onJy a basis for adverse action, but a reason to
treat the violations seriously.
The recommended penaltv is too severe
Licensee argues that the penalty is too severe, and that no penalty is appropriate at all.
However, as the City has previously azgued, the penalty recommended is appropriate given the
fact that there were two violatiotts of these conditions within a short period of time after the
condition was agreed to, and the second violation happened shortly after the Notice of Violation
was sent on the first incident. In addition, it became ctear at the hearing that there was a camera
which was not operable for at least two months, and possible longer, and that employees of the
establishmettt felt no obligation to ckeck on the equipment to see if it was in working order. The
two violations which were discovered came to light as a result of gunshots on one date and a hit
and run in the establishment's parking lot on the second date. It was apparent from the testimony
that there were other times during the establishment's open hours that the cameras were not
recording, as no procedures had been established for when they should be turned on or when the
tapes should be changed.
Licensee azgues that the curative actions outlined in her letter o£ October 29, 1999 should
mitigate whatever penaIty is imposed. Unfortunately, the "curative action" outlined in the Ietter
amounts to nothing more than the obligation imposed by the condition - tapes are placed in the
VCR daily and are being kept for a week before being taped over. There is no indication that
there has been any training, any discussion with staff, any change in philosophy to take the
condirion seriously beyond a promise to abide by the bare minimum required. In fact, the
testimony at the hearing from the manager, 7ackie Hicks, made it clear that the Licensee's
employees still Think the condition unnecessary and 'unposed only aY the whim of the Office of
LIEP. Also, whether or not it is a zninor esor, Licensee states that there was a problem with the
VCR, which was then repaized. The testunony at the hearin� is that there was a problem witki
one of the cameras, not the VCR. Finally, Ms. Hicks acknowledged, albeit grud�ingly, that the
establishment has already been the subject of adverse action because of problems caused by
vioIence of the customers.
For a11 of the foregoing reasons, the City respectfully submits that the violations should
be found to have been proved, and the recommendation should be made for a sixty-day
suspension of the licenses held by the Licensee.
Dated: 3��o C3
��` �
Virginia . Palmer (Atty Lic. # 128995)
Assistant City Attorney
400 City HalUCourthouse
15 W. Kellogg Boulevazd
Saint Pau1, MN 55102
(651) 266-8710
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To: City of Saint Pau1, Office of the City Attomey
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From: Cornelius Brown Jr., ll92 Edmund Avenue, St. Pau1, MN. ,5 �--
Re: ADMINTSTRATIVE LAW TUDGE HEARING, JANUARY 26"', 2000
I want to extend my support of punitive measures to be imposed on Arnellia's
on the Avenue, hereafter referred to as the "establishment". I agree That the
establishment's decision not to provide video surveillance tapes and their refi�sal
to cooperate with lativ enforcement is in violation of the conditions of their
liquor license. I believe these actions compromise public safety in the
neighborliood. However, the lack of African-American business in this largely
black neighborhood is aiso a concern. To my knowledge, this establishment is
one of two black-owned businesses authorized to retail alcoholic beverages. To
lose a profitable business in otu neighborhood is also a concern. The
establishment certainiy employs residents from this neighborhood whose
Iiveiihood is connected to the continued operation of the business. For me, it is
not just a matter of public safety, which is number one, but aiso a matter of
economic concern. For this reason I would suggest suspension in lieu of
revocation of the estabtishment's license to operate. Thank you for consideration
of our corresgondence.
Cornelius Brown Jr.,
Resident of St. Paul Midway Neighborhood
��i�,l.filll ��-/Ll,/�l/✓T// � I --'� (o ` � 6v O
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Ramsey Action Programs, � ,�.
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4�0 Notth Sc�ndicate �;:eec, Sainc Paul, Vlinne ��lpa L
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AREA ".�," AD�'ISORY COL�CIL MEETT�iG �_. �. -';;,,:i �� �
� : _; ..: .::, o.,
December 6�', 1999 — 7:00 p.m,
�?'� ?�` Ficor Cunference xoom
l�oiiB£RS PRESEh'T
Sheila Jones
Comelilis E. Brown Jr.
Pauline Mims
Reverend Liada Stampley
Lillie Hollinasworth
Patricia Martin
WiIliam B. Davis
:12E'�IB£RS ABSENT
WaIlace Tavlor
Arif MoBammed
Donna McI}uffie
R4P STAF'�'
Paul H_ Freacf� �Iei�Itborfiood Associate
GLrEST PRESENT
Dr. James T. Shelton
.............................i....,�::hnig Minutes.........,......,.,,,.............�
Call to Order/Roll Call, 7:30 p.zn. — Comelius E. Brown 7r., Chaiiperson
A quonim wzs present. Absence of two members was not considered or contested.
MOTION BY LNi DA STA.�LEy A1VD SECONDBD SHEI[,A 70NES: T'O APPROVE T'gE
CURRENT AGEti'DA, MOTTON CARRIED.
MOTION BY LLNDA STAMPLEY AND SECONDED BY LILLIE HOLLINGS WORTH: TO
�PRfl� T� ��EETING D�i'T7TE5 OF NOVEII�IBE12 16, 1999, MEETIiYG. MOTTO�i
C_�,.IZRI�D.
REPOIZTS
Chaisperson, Cornelius Brrnvn Jr. —�, Brown began his report by reco�nlTng an effor� on the
part of the City of Saint Paul to discipline the biack ow�ed nightclub, Arenllia'on the Avenue, 1183
tinivE����Y Avz�ne, SE_ Paul. The effort is based on the owner's refusal to furni;h� visie�
surveillance tapes to aid in a police investigation regarding two shooting incidents, in which one
resulted in a homicide. It was the consensus of the �oup that although public safery is the number
one concern, it is also important that the limited nnmber of black owned businesses in the Summit-
Univzrity,'Fro�tow neighborhoods be maintained if possible. It was a�so the consensus of the
group tfiat they should drafr a letter to the St. Paul City Council indicating their position on the
matter. They do not favor revocation of the license at this time. By and large, the TAAC wants to
convey their dissatisfaction with the management of Arnellias' and their belief th2t ownership
sl:ou!d be di,oiplir.ed. At the same time, they are also concerned about tiie limite� number of liquor
licenses available in St. Paui and their astronomical costs that almost make it impossible for
African-Americans to secure. From the goup's vantaQepoint, Acnellias' is the only African-
Janu� American owne�i.li�uor�ab ishment in the citv Tfie administrative hearin� will be held on
� a,n�.,, rn.�..,.__r___ . . --r----_�
"V:obilizing Communiry Resourc� co Reduce Poverry in Ramsey and Wasningcon Count:es."
An Affirmacive AecionJEqual Opporcunity Employer.
��C`i'�i��
�. ,
�: {';ri�-7� ni, �%�ti
�e.�:ri::\
�lembers d,•scusse3 the option o� cLanan� tha meeting time from 7:OOp.m. �-9��pii�:"to�o:00p.n. To
8:p.rn. in order io adjou,-n earlier in winter months: MOTIp�; 3y j,L�?�� 5�;���ri.Ei' :�.�tD
SEL.O�?��?� BY' Lu.;_,�t iiOLLL�+GSWQRTH: TO CH�tiGE THE T�AC A 1SEETLtiG
TLRiE TO 6:dflP �S. — 8:OOP �L 1IflTIOV CAI2RIED.
�1PBOARD/P&E, LiilieHollingnvorth —IyTs. Hollingsworth reported tl�at tbeP&E and
Operations committees wiIl be�in io meet at the same time as directed br Pau1 Gasian, RAP
Board President.
Steff Repfln, Pau1 H. Fret:ch — tiIr French reporte OQ IllS L7Cill1Iy into the Summtmi;
Collaborative fundin� issue. He reported that the money is still tar�eted to the S-U area but changes
have been made in atiministration of the funding. He reporteci that the Departmen# of Children
Families and Leamintr indicated the S-U collaborative was not funded and did not offer any reason
for the denial. They went on to say that the funding was attached to an RFP. A new collaborative
based in the Summit-University area, A.frican-�nerican Mentor Group, was the successful
candidate. It is still unciear if the former recipients of the �ant money continue to receive funds.
Sunshine Fun� Lil[ie Hollingszvorth — i�eported remaining balance as $�.50.
L'nfinished Business: No*. app!:cab:e.
New Business: There was some discussion on the proposed "I'own Meetins" to be scheduled in
March. Time etapsed and members decided to place the subject on the neat aQenda and discuss it at
that time.
Announcemenls — Mr. French also inviYed members to attend the Community Circte Dialowe on
Race, Poverty and Education, Friday, becember 17`�, 1999, aT The Minneapolis Hilton and Towers.
He indicated scholarships were available to him tha± would defray costs for re�stration. Five
members indicated they wanted to attend.
1tieYtmeeiing—January 1Q, 2000, 6:OOp.m., Ramsey ActionPro�ams, Inc., 450 Syndicate Street,
2 Floor Conference Room.
Adjournment — 9:OQ p.m.
APPROVED BY CHAII2PFRSO�i CORNELNS BROW'_V JR
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S�I �RK V�IIGHT, Attornev at Law'
Snite 700, Six �'est Fiffh Strect
Saint Paul, Minnesota ��102-1412
Telephone (6�1) Z47-64Q0
Racsimiie (651) 224-832&
E-mail * n a �kvau�h`�worldnct.a�.net
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CpNFTDEtiT1.4i. FACSIMILE COMMUNICATION
�r
Date: March 6, 2000
�lease deliver the folJowing a pages, includin; this cover s�eet to tl�e foAowing
uamed individual:
Name:
Phyttis A. Reha
Company or Firm:
Teiephane Number:
�acsimile Number:
FROM: Marl� Vaught
(651)29
Adminiatrative Law Judge
612�34i-7600
b12-3�9-2665
Comments or Ins2ructions: 3ust a courtesy fax ko let you know 1 plan� no
snbmissxons in the iVTetro Bar & Grill inatter.
If you havc any problems reeeiving these pages, plcase contact {6�1) 297-6400 and
ask for thc fax operator.
v �.:: - ��'�� "i{. J��.','U .."'++ .. ....`.J ."AX i`�C� CiCCC4t1�C.�', N�'
� V:
S.1�1�RK �ALrGHT, AftQrney at I-aw
Suite ; 04, Six �Vest Fifth SYreet
Saint Paul, ylinnesota 5�102-1412
Telephone (6�1.) 297-6400
Facsimiie {6S1) 224-8328
E-mail �a'kvau8h*,�awo*ldnet.att.ne�
CONRTDENTIAL FACSIMILE COMMU�TICATTON
cnmmu�z ieation is strictiv Drohrbiied X1' vou have rece tkis comm unication iv�
error please immediatetv noti{y the above Dartv bv telephone arrd return ihe nr:nenal
messa2e to tke address tisted above Thank vou for vaur co�eratcan.
Date: March 2, 200�
Pleasc deliver the following 4 pages, iz�cluding this cover sheet Yo the folTowing
nazned indzvidual:
Name:
Company or Firm:
Telepbone Nuraber:
Facsimile Nnmber:
T'+220M: Mark Yaughf
(651) 297-b400
Comments or Tnstructions:
Phyllis A. itchn
administrative Law Judge
612-341-'76fl0
6I2-349-2665
if yon kave any problams rcceivino these pages, please contact (fi51) 297-6404 and
t�sk for tkte fax opexator.
11 GY — �� — ���� .... ��:
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r j. 1�L1RK �'.AIJGHT
.i%LnYI](?V n'Y jliU%
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Satac?a�i, Min^.esoca SSi02-l?i? -
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r::a l: a`arrvaugF.t�?wor(d.^.ct.a[[.:1C[
�'u��'Cr 1, �Dd�
Phyllis A. �eha, Admiristrative Law ,tudge
Office of Adminzstrative Hearings
100 WasY�ington Square, Suite 1700
100 Washington Aver.ue South
Minneapolis, Minnesota �540I-2138
R�: All licenses lxeld by Metro �ar & GriIl, Zne., d(b1a Arnellia's for the premises
located at 1183 linivcrsity Avenue, Saint Paul, Minnesota 55104; License 1�
R54�?� .
Bear Judge Reha:
This letter is intended to summari�c and preseni Rcspondent's view of the
evidence evinced at the hearing held on January 26, 20�Q before yourself in �he above-
erititicd m�tter.
'The failure to have one af Pour surveillance
cameras opetatin� was not willful.
�rom the evidende, Respondent concedes that one of four sur�reiliance cameras
was not in operating condition at the time of the twv incidcnts on Seotemner 23 and
October 7, 1999.
However, respondent submixs that the evidence sk�ows li'�e faiI'are rh�as not willful.
L'pon discove:�ng tLai the camara was uat fi,mc:ionin�, Iiesp�ndcnt took pzoper and
timely steps to assuze tr.at a replacement car�erl was ordered and saw that it was installed
in a timely manner a£ter t'r.e zeplacement azrived.
T.o be certain, theze was a tim� lag between the dxscovery of the n�n-funCtioninb
camera and its repiacement. lindar the c�rcumstanc�s, as presented in this case, that time
lag was not urseasonabJe and tY!c orderieg , pt:rchase and insta?!ation of the reolacement
cameza� was done in the nors:zl course of business. The City presented no evidence tZiat
the Respondent was in any way negligent in the mann�r in whictx it went about replacing
the camera.
, . Ui
.`E.�,-�s-�., r:�? �9�3: :.�.:, �=":��� �P.X NC. 5i2%%^.8�28 ^ n?
;,
It wok�c'ne unreESOnabie .o rezd �`:e licens�cor.d',tion rea�i,ing Ehz cameras �o
LTIdIIG�2iC 1rilltt¢f�tBYc �c'Piu'.Ce_^_:C'.^.I O: ?�IC ROP_-�. C8.^,?ET�� iZt2S�)ELi:Ve O't Lti!2 S2CI
ilidC irle Slip�.?�IB-" 1S IOCGieC� I;1 CwIfOI�i.?8 2:.d IIO:OC21 VBIIdO* COl:'IC 'J� �'0:2^G� ;�72t'{CDt L^_C
cz,�.era ;n stock. i. woLld :i;ewisc oe �nreasonable tp :caa the cor_3 :;on zs :eq;:ir-g ;'r:e
kCS�70IlQ to ra;.° :or a:: K ee� iz� :is s�ock one or more reptac �RlC:^.: C2.LSS:.I2 2�d:. iIl�
posszbilitv o* faiI�:re.
i.arry A:Ien testiied `,hat 11e apnarently and inadverlantly sct ti�c camera .`tmction
on play raiher �.han record on che nigk�t of thc October 7, 1999 i„,cidenf and thaz he
changed it when he disco�-ered it immediately afer 2h2 in�ident when ne went t� the
recordzng device to be certai.� it was recording.
Mr. A11en's testiinony as to his appazent failure to properIy activate the cecord
fiu�ction is consistent ��Zth the tap� reco:ding in evzdence as was concedcd by S� .
Kempe, thc City's witness who analyzed the tape.
The failure to have oAe caruera in qperatin�
order did not contribute to or cause the
undexlvSnd incidents nor did the Resnondent
or anv �+f its emolovees i�aYticipate in or coatribute
� to cither of The twv incidentv.
F*or!m the evidence, it is e�t�emety doubtful that the non-functioning camera, had
it bcen in workia� order, wouici have capt�red either of the two incidcnts. 'I his is clearly
true of the fatai +nciden: Octobet 7, 1999. �he vantage of the brokca camcra simply did
not encompass the azea of tEie incident. Wztla respect to the September 23, 1999 incident
it is doub±fu[ based on the evidcnce, that a�nctionin; camera from the vantage poirC
dcscrfeed in tY:e testimozly woutd have offered much assistance in the iavestigation.
While arguabiy a properly functionina rec�rding system at th.e ticne o� October 7,
] 999 incident might have offered some view of tbe zmmediate area of tha incident, :hat is
not cleaz form the evidcnce and there is no evzdence in the record that the dewice was
deliberately di5abled or shut off to ptevent recording of the incident. Mr- A11en's failurc
to proper?y activate the record function is a mistake that any individual cauld have and
most have r„ade with�home vidco cassctte recordets.
. There is ne causzl iir1: between the bTOken carmera and Mr. .�:len's 'record/piay
misiake and t't'�e crimes commstted in either incident. Despite Mr, Kessler's inceqdiazy
rhetoric, neill2e: the Respor�dent nor any of its employees nor anyone else under its
cor.uol was dizeotly involved it or culpabla Pos the actions in either of the :ncidents. The
City offered zzo evidence 10 the contrary--other than IVlr. ICcssler's misplaced a��d
uasuppvried value jud�m�nt---�icl cune:ccled iii ihe testiction}� of tlie poliee oficee.s �,at it
had no evidence of ir_volvement ny the Respondent or any of its employees or agents in
eiciier of tha incidents.
�
:'.SK-u3-uO rKi �9�3i �AW �tr.;,'�w �'AX NC, o':L22�u?L9 .,C�
r�Y WOiSi u E hLQKC.^. C2TTle_2 2.^.0 i.�:C 7000Tdi'�I2V ITll$`id.�8 reant :n.a: `ne �'6A.Ce
invast:�ar.on wa<_ �ot assisted. �t'�e broic�n ca.riera ane recor�.�p�ay ri:s'�ake cid :ot cz::sc
either inc:d�n., nor dic t��cy :^pede ;ne poiice investigatien o` °i;he_ i:,cider.t. Trere
we:e a subst�,tiz� n:�.:�zz o: e;jervitnesses io each of t"e iacident �vno viewed tne
activ�ties from a be�er vantage thac� the surveiiianee casneras. Voiar.t ineidzr.ts are
always �oublesome an d a deatn as a zesult oT violence is L*za;c_ But sucl�: a t ragedy ar.d
li'�e zact'the Ceath ram2ins unsoived, apparenTly, does not serve as evid�nce of causauor.
on the pa*f oi L�;e Respondent.
T�Ze recomztzended penaltv is too severe.
� Gi�en the conlext oT fhe two incidents and the clea: evidence ;n the record that the
Respondent did not play any role ir, eausin� either incident, the recon�snended penaliy is
far too severe, it,.indeed a penalty is appropriate at all.
Mr. Iiessler ,estified ihat ihe recommended penally is unprecedentcd. rurthe;, hc
o££ezed as }ustification oniy ,�e fact that a"nnuder" was involved. His irnplication ftzat
the Respondent's action or iailuze� to act "caused" one or both of the incidents, most
oarltcularly ttze deati, are not }ustificd by one scintilla of evidence and border on thc
irresnonsible, •
The actions of the Respondent with respect to replacin� the broken camera were
commercially teasor.abte anc� do not merit a penaity of any sort. Whiie Respondent does
not concede that any penalty is appropriate or even that a violation took place, it ol�ers
foc your consideration that if a ge��alty is appropriate, that penaity should be substantially
less than that recommended by Mz. Kesslcr.
The Respondcnt took aonronriate cnrative
action aftec the incidents.
The one area where Respondent col�ccdes a need Sor greater attention is in the
axea of record/piay error. The actions of Mr. Ailen may we11 represent a training failure. '
That is why the R2spondent took the curative actiuc? outlined in �mellia Aiten's Ictter
which was introduced in evidence. ,And the Respondent offers that c�:rative action, which
it undertook voluntariiy a:id witiiout prompting by the City, in mitigution of whatever
faiiure is represcnted by Mr: Alien's recoxd/play mistake.
V aly �q�
_ � , �
S. ark Vaugh
attomey for Respon�izi.Y
ec Virgir.ia Yaime:, �sq.
ID1AR. -OS' OOtFRf) 08�23 OFFICE OF .1DMIti. HEARIKG
TEL:6123492665
P. 001
TR?.VSaGTtON REPORT
RecePtion
Transaction(s) compieted
�O. TX ➢ATE/TIbtE DESTIVATION
?07 MAR. 3 08:20 6122248528
DURATION PGS. RESULT YIODE
0° 02' 19" 004 OK N ECM
OFFICE OF TF� CITY ATTORNEY
Clayton M. Robiresan, Jr., Ciry Attorn¢y
C�� �F' il�l� pA�, 4 r(, ��,� �� CivilDivision
Norne Cateman, :Ltayor n^ � C7 `7 A�! ��'-, S Z 300 City Hall � 7elephone: 65T ?66-87Z0
_.: a �,� nC� v I�7.yestKel7aggBlvd Facsimile:6i1?98-5619
Saint Paul, :Krnnesota i57D2
;•U ',iJ Cr-.:1`v�'._
�i�� .:;;
�.�r.,�•.i:xuJ
February 18, 2000
The Honorable Phyllis A. Reha
Adaunistrative Law 7udge
Office of Administrative Hearings
100 Waskrington Square, Suite 1700
Mi;uieapolis, MN 55401-2138
RE: In re the licenses held by Metro Bar & Grill, Inc., d/b/a Arnellia's
Dear Judge Reha:
Enclosed is the Final Argument on behaif of the Office of License, Inspections and
Environmental ProtecUOn in the above-referenced matter. A copy of the same has been served
bp mail upon Nir. Vaught, attorney for the licensee.
Sincereiy,
��r `t,C= ��ce-1'.-,^-¢�.
U
Virginia D. Palmer
Assistant City Attomey
cc: S. Mark Vaught
OFFICE OF ADMINISTRATIVE HEARINGS q` C� �,� � U
FOR THE COUNCIL, OF Tf�
CITY OF SAINT PAUL �� �=� 2? ��; ^: 52
,._ ;r�':�
riC��'=`±�C
Yvl. �
In re the licenses held by Metro Bar & Grill, CITY'S FINAL ARGiJMENT
Inc., d!b!a Amellia's
STATEMENT OF FACTS
The Office of License, Inspections and Environmental Protection initiated adverse action
against the licenses held by Metro Bar & Grill, Inc., dlb/a Arnellia's, for violating conditions
placed on the license. Saint Paul Legislative Code §310.06(b)(5) permits adverse action to be
taken against licenses where the licensee "has failed to comply with any condition set forth in the
license, or set forth in the resolution granting or renewing the license." There have been license
conditions on the licenses held by Metro Bar & Grill for several years, and the most recent
revision of those condirions was done aRer meeting with the license holder and a number of other
interested persons, including LIEP staff and St. Paul police officers. Effective Juiy 8, 1999, two
condirions relating to security cameras were placed on the license. Condition # 11 states:
°Licensee [sic] holder wi:l maintain in good working order at least 4 video surveillance cameras
on the exterior of the buiiding to constantly monitor the ea�terior of the premises. Tapes must be
maintained for ? days." Robert Kessler, D'uector of LIEP, testified that the conditions regazding
the surveillance cameras were put in place as a result of a fatal shooting which took place outside
of Arnellia's. 7ackie Hicks, a manager of Arnellia's, aclrnowledged that the licensee had agreed
-1-
to the conditions and was awaze of them.
On September 23, 1999, a shooting took place outside of Arneliia's. Saint Paul Police
Qfficer 7obnson was sent to the baz to recover the tape from the outside video surveillance
caxneras, but was advised by the owner, Arnellia Allen, that there was no surveillance camera
behind the build'mg. The officer advised her that tapes from the other cameras might be helpful
in identifying the suspects. After Ms. Allen contacted her son, Larry Allen, by phone, she
informed the officer that the cameras were not operating the previous evening. Sgt. Richard
Munoz also went to Arnellia's to attempt to obtain a video tape of the incident. Ms. A11en stated
that she did not have a tape to give him because the camera in the rear of the building was
broken, the other cameras were not operating and there was no tape in the recorder.
A Notice of Violation dated September 30, 1999, was sent to Amellia Allen alleging that
the failure to have the video cameras on and taping on September 23, 1999 was a violation of
condition # i l of the license� The Notice was served by mail on October l, 1999 on Ms. Ailen,
at the licensed establishxnent, and gave the licensee until Qctober 1 i, 1999 to respond on how
they would like to proceed. While that matter was still pending, on October $, 1999, there was a
suspected homicide which took place outside of Arnellia's, beginning in the parking lot and
ending up on University Avenue. Qnce again, police went to Arnellia's to obtain videos frorn the
surveillance cameras. The video tape which was obtained was reviewed by several Saint Paul
Police officers, among them Sgt. Mark Kempe. Sgt. Kempe testified that the video tape which
he reviewed was obtained from the bar by O�cer Arnold, who then took it to the police station
and gave it to Sgt. Younghans. Sgt. Younghans and other officers reviewed the tape. The tape
was played at the hearing, and no claim has been made that the tape is not authentic nor has any
-2-
ciaim been made that the tape was tampered with.
The tape is divided into four quartezs, with one square for each of the four outside
surveillance cameras. The upper left hand square is blank; testimony later established that tlus
camera was not operating for at least two months, and probably longer. The remaining three
squares show the front door azea (lower left screen), the back door azea (lower right screen) and
the east pazking lot (upper right screen}. There are numbers which reflect a date and time, but
these aze not related to the actual date and time of the recording. It was Sgt. Kempe's opinion
that the tape was not operating at the time of the incident in the pazking lot on November 8,
1999, but that the tape had been turned on after the police had been called. He based this opinion
upon the review of the tape, which showed a sudden jump in the dates of the tape counter, from
10-30-89 at 8:50 to I i-7-89 at 12:11:42; the abrupt change in the items being viewed (a view of
the front door with no one outside and a jump to a lazge crowd of people); and the fact that the
squad cars can be seen arriving. His conclusion was that the tape had not been
constantly operating, but had been turned on after the fact.
The wimesses presented by the licensee did not dispute that there was no tape from the
incident on September Z�, 1999. In fact, Larry Allen acknowledged that he forget to use the
surveillance cameras, despite being told of the conditions on the license. He also admitted that
the tapes were not operating on October 8, 1999 until after the incident occurred, and the police
had been called. His expianation was that he had hit the play, but not the record button on the
tape machine. It also was appazent from the testimony of both Larry and Jerry Allen that one of
the video surveillance cameras (the upper left quarter of the tape) was not operational for a period
of over two months. The witnesses for the licensee seemed to be arguing that the recommended
-3-
penalty of b0 days was too severe because the violation of the condition on the license did not
cause the shooting on September 23, 1999 or the death on October 8, 1999.
AAGiIi�1ENT
The City's burden of proof in this hearing is a preponderance of the evidence; if it is more
likely than not that the licensee violated the conditions of the license, then the City has met its
burden. In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. 1988). The license condition in
question in this matter is Condition #k 11, which states:
"1 l. The Licensee [sic] holder will nlaintain in good working order at Ieast 4
video surveiliance cameras on the exterior of the building to constantly monitar
the ea�terior of the premises. Tapes must be maintained far 7 days."
Implieit in the wording of this condition is that the video cameras are to be operating, and taping,
at all times that the baz is open. One of the reasons for placing the condition on the license was
to assist police by providing them with possible means of identifying suspects in the assaults,
shootings and other problems being caused by bar patrons after leaving the baz. Cleazly, the
licensee violated the condition on Septembez 23, 1999, when no tape was in the video and it �vas
not being operated, and again on October 7, 1999, when taping did not start until after the
incident occurred.
The Director of LIEP, Robert Kessler, testified that he recommended a suspension of 60
days for the licenses hetd by Metro Bar & Crri11, Inc. He acknowiedged that it was a severe
penalty, although he also noted that his initial inclination was to recommend revocation of the
licenses. He noted that the condition on the license was the result of a meeting with the owner
and management of Arnellia's, as weil as Saint Paul police officers, and that the
recommendation for video surveillance cameras was something the police felt would assist them
�
in mvestigating and solving crimes occurring at or around the bar. The meeting and the
additional conditions on the license were motivated by a murder which occurred outside the baz,
on University Avenue. The conditions were effective July $, 1999. Within a matter of months,
there was another shooting outside of Arnellia's, and only two weeks later, a person was killed in
an incident which was investigated as a possible homicide and which began in the baz's parking
lot. Officers tesfified that in both the September 23 and the October 7, 1999 incidents, that the
people involved had been inside the baz as patrons eazlier in the evening. It was apparent from
the testimony of Jackie Hicks that she felt the condition was unnecessary and that the bar feels no
responsibility for the behavior of patrons once they are outside the building. However, the bar
had the opportunity to oppose the conditions being placed on the license, as imposition of
conditions is an adverse action, pursuant to Saint Paul Legislative Code §310.05(a). The licensee
chose not to contest the imposition of conditions, and cannot now azgue that the conditions aze
unreasonable.
Ms. Hicks acknowledged that there has been a prior adverse action against the licenses
held by Metro Bar & Grili, Inc., based upon the number of shootings which have occuned
outside and azound the establishment. Rather than demonstrating concern for the problems
generated by patrons of the establishment, the ficensee seems to azgue that because the violation
of the conditions did not directly cause the incidents, they should not be punished. In fact, the
continuing neglect of the conditions regarding the surveillance cameras is both a serious
violafion, and contributes to the ongoing problems outside the baz. As long as the establishment
ignores the condition to have cameras monitoring both inside and outside the premises, the police
are denied access to valuable evidence to solve felony-level and other crimes occun•iug just
-5-
outside the doors of the baz. In both the September 23 and October 7, 1999 inciderns, the
participants were patrons of the baz; although they did not commit the crunes inside the building,
they were present outside the building because they had been at the baz. The licettsee obviously
benefits from the custom of its patrons by charging them foz food and alcohol. This is conduct
permitted by the licenses it holds. It would be unfair to say that the establishment can benefit
from the licenses it holds but escape ail xesponsibility for the obligations imposed on the licenses
by the Office of LIEP.
The sanction recommended by the Office of LIEP is warranted by the inaction of the
license holder in implementing the conditions agreed to. The conditions were to be effective on
July 4, 1999. It was appazent from the testimony of all of the wimesses for the licensee that no
training had been done with employees to advise them of the importance of the conditions or
how to unplement them. Thus, on September 23, 1999, the cameras were not even operating.
Despite receiving a NoUce of Violation advising them of the failure to abide by the conditions, it
was only two weeks later that Lany Allen either failed to turn the recorder on or failed to turn it
to record until after another instance of violent behauior required a call to the police. Only then
did the cameras actually begin to record.
Further evidence that the attitude of the licensee towards the condition was lackadaisical
at best was the testimony regazding the fourth surveillance camera, which was determined to be
malfunctioning in August of 1999, and which was still inoperative at the time of the October 7,
1999 incident, two months later. The testimony made it cleaz that there was no sense of urgency
about getting the camera replaced once the baz finally realized that it was not functioning. There
was no clear responsibility for taking chazge of the repair or reinstallation, and Larry Allen, the
�
manager, appazently relied upon his mother's statement that Earl Allen had been contacted to
come install the camera without checking to see that it was done or to have it done in a timely
fashion. When asked if anyone ever reviewed the tapes, Lazry Allen stated that he did not, and
Jackie Hicks believed that it wasn't incumbent upon the bar to do so. This lack of responsibility
for checking the tapes meant that they couldn't be sure the cameras were in working order, and
fiirther demonstrates the fact that they did not take the condition on the license seriously.
The Office of LIEP made every effort to work with the licensee to deal with concerns
about the violent incidents taking place outside Amellia's by meefing with them to develop
conditions that would deal with the problem. Both the testimony of Jackie Hicks, and the actions
and inactions of Lany and Jerry Allen make it ciear that the empioyees of the licensee do not
take the condition seriously and do not feel it is necessary. No training was ever done on how to
implement the condition, it appears that when the cameras are turned on and off was lazgely a
matter of personal decision by the ind'avidual employee, and no effort is made to see that the
cameras aze functioning properly by reviewing the tapes. The mere fact that on the two
occasions that the police looked for tapes to assist them in investigating crimes the tapes weren't
available because the recorder had not been used or had been improperly used, warrants a severe
penalty, but added to that, the recommended penalty of a sixty-day suspension is warranted
because the testunony shows that this was not a one-tune lapse on the part of the licensee, but
part of a general disregard for the condition. Additionally, this is a second adverse action against
the licenses held by Metro Bar & Grill, Inc.
CONCLUSION
The City has met its burden of showing that the licensee violated Condition #11 on the
-7-
.
license on both September 23, 1999 and October 7, 1999, because the licensee failed to have a
tape in and the machine operating at all on September 23Td and failed to have the machine
continuously monitoring and recording on October'T"'. These violations occurred in short period
of rime, were part of a continuing pattem of indifference to the condition being nnposed on the
license, and were a resuit of her faiitue to convey the importance of the condition to her
employees oz train them in its unplementation. The argument that these violations are not
serious because they did not cause the incidents themselves simply underscores the fact that the
licensee does not consider the condition to be important, as does her manager's testimony that
the condition is unnecessary and was only imposed because the Director of LIEP doesn't like the
bar. The Q�ce of LIEP has worked with the establishment to deal with the problems caused by
same of the patrons of the bar, and the licensee's failure to abide by the conditions and take
responsibility for their part in the problems warrants a severe sanction.
Respectfully submitted tkus 18"' day of February, 2000.
'� � � �t-'"-�-�
Virginia D. almer (Atty Lic. # 128495)
Assistant City Attorney
400 City HalllCourthouse
15 W. Keliogg Boulevazd
Saint Paul, MN 55102
(b51)266-8710
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STATE OF MSNNESOTA )
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COUNTY OF RAMSEY )
R.�- C�iV'�L
rr�4 27 „;i � 52
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ss. ,,:.�r�YF1FIDAVIT OF SERVICE SY MAIL
�r�.-: �i':'�JJ
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on the 18th day oi February, 2000, she served the attached
CITY'S FINAL ARGUMENT on the following named attorney by placing a
true and correct copy thereof in an envelope addressed as follows:
Mr. S. Mark Vaught
Attorney at Law
Six West Fifth Street
Suite 7�0
St. Paul, MN. 55102
(which is the last known address of said attorney) by depositing
the same, with postage prepaid, in t ited States mails at St.
Paul, Minnesota. , n /f �
G.
Subscribed ancl sworn to before me
this 18th day of February, 2000.
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February 28, 2000
STATE OF MINNESOTA
OFFTCE OF ADMINi5TRATIVE HEARINGS
700 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Virginia D. Palmer
Assistant City Attorney
Civil Division
400 City HaN
15 West Kelfogg Soufevard
St. Paui. MN 55102
S. Mark Vaught
Attomey at Law
6 West Fifth Street
Suite 700
St. Paui, MN 55102
RE: In the Matter of the Licenses heid by Metro Bar and Griii, Inc., dlb/a
Arneilia's; OAH Docket No. 9-2111-1264�-3
Dear Counsel:
This letter is in response to Ms. Paimer's request to extend the period for
repiy briefs from February 28, 2000 to March 6, 2000. Her request is granted.
{ have not as yet received Mr, VaughYs initial brief. Although he has not
requested an extension of the time to submif his initiai brief, in light of the above
extension i w+li extend the time period for his initial brief to March 1, 2000. !f
Respondent wishes to fi{e a repiy, it too mus# be filed by March 6, 2000.
Thank you for your cooperation.
Sincerely,
�,t� G� ��..�.,.-
PHYLLfS A. REHA
Administrafive Law Judge
Telep hone: 612/341-7602
PAR:mki
Providing impartial Hearings for Government and.Citizens
An Equal OppoRUnity Empfoyer
Administrative Law Section & Administrative Services (612) 341-760D � TDD No (612) 341-7346 � Fax No. (652) 3q9-2665
OFFICE OF THE CITY ATTORNEY
Clayton M. Robimon, Jr., City Afiorney
CITY OF SAINT PAUL
Norm Coleman, :4tayar
Civil Division
400 Ciry Hall
I S West KelZogg Blvd
Saint Pau1. Minnesota SSIO2
Pelephome: 651266-8710
Facsimile: 651298-� 619
Febniary 24, 2000
The Honorable Phyliis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN 55401-2138
RE: In re the licenses hetd by Metro Bar & Grill, Inc., d!b(a Arnellia's
Dear Judge Reha:
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I am writing to you regarding the briefing schedule in the above-referenced cased, which
you heazd on January 26, 2000. The City and the Licensee were to submit sianultaneous written
final argument by February 18, 2000, with reply briefs due by February 28, 2000.
I will be out of town tomorrow and Monday, and am requesting an ea�tension of the reply
brief deadline from February 28, 2000 to March 6, 2000. I spoke to Mr. Vaught, who had no
objection to my request for an extension of the reply brief deadline.
Thank you for your consideration in this matter. If you have any questions, I can be
reached at(651) 266-8719.
Sincerely
(/ � �,c,�(' w�-r�
�
Vixginia . Palmer
Assistant City Attorney
cc: S. Mazk Vaught
OFFICE OF THE CITY ATTORNEX
Claytnn M. Robinsorr, Jr., CityAttorney
CITY O�' SAINT PAUL �' :_ :; `�'i _ J
Norm Colera¢n, Mayor
�9 ��G 3�� �i� 9� 2�
December 15, 1999
Amellia Allen
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
r.. ',� "� i� ( i� i�ti c=
•' il ` inNli`�VJ
Civi[Division
400 Ciry Hatt - TeZephone: 63I ?66-87I0
ISYYUtKetloggBlvd Faalmile:651298-i679
SaiM Paul, Minxesota i5101
RE: A111icenses held by Meho Baz & Grill, Inc. dtbla Arnellia's
for the premises at ll 83 Universiry Ave. in St. Paul
License ID #: 54523
Dear Ms. Allen:
Our office recently sent out a NOTICE OF HEAFiING dated December I5, 1999, which
mistakenly identified "3anuary 26, 1999" as the date for your up-coming administrative hearing.
The date should more appropriately be "7anuary 26, 2000." I wish T could blame this on Y2K, but
it was only a typo on my part. T apologize if this caused any confusion.
If you have any questions, you can call me at 266-8710.
Very tru��ours
/`��%`�� �
Peter P. Pangborn J �'
Legal Assistant
cc: Mark Vaught, Suite 700, Six West Fifth St., St. Paul, MN 55102
Nancy Thomas, O�ce of Admuustrative Hearings, 100 Washington Squaze, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Organizer, Hamline Midway Coalition,l �fi4 Lafottd Ave., St. Paul,
MN 55104
OFFICE OF THE CITY ATTORNEy
CI¢yfon M. Rabinson, Jr., CityAttorney
CITY OF SAINT PAUL �' �_ ^ - f '� �'" ��,,,ro�v;�co„
_.,_:.�.
Norm Cnlemair, Mayor �� 11 r �� 40 y Ci ` ry Ha11 Te(epkone: 6i1266-8710
i.�'i UCC � 0 Nl i 6�-e•y�t Ke1la�g Blvd Facsimile: 6il 298-i679
Saint P¢ul, iYlinnesota 55702
e;..,r;:'`;, ,; \� i i i,�i i i'i �
11`l:1llft�t��
December 15, 1999
NOTICE OF HEARING
Arnellia Allen
Arnellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Bar & Grill, Inc. d/b!a Amellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Dear Ms. A11en:
Please take notice that a hearing will be heid at the following time, date and place concerning all
licenses for the premises stated above:
Date: Wednesday, January 25,1999
Time: 9:30 a.m.
Ptace: Room 41
Saint Paul City Aall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Adsninistrative Hearings:
Name: Phyllis A. I2eha
Offica of Administrative Hearings
-- 100 `Vashington Square, Suite 1700
;, Minneapolis, MN. 55401
Telephone: (612) 341-7602
The Councii of the City of Saint Paul has the authority to provide for hearings concerning licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.Q5
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicafing and non-
into�cicating liquor, authoriry is also conveyed by Minnesota Statutes section 340A.4i5. Adverse
action may include revocation, suspension, fines and other penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action aeainst all the licenses you
hold at the above premises as follows: �
On September23,1499 therewas a shooting outside ofArneilia's,
near the alley on the west side of the buiiding. Saint Paul police
officers zvent to the bar later that day to recover tapes from the
video surveillance cameras to assist the police in idenrifying the
suspects in the shooting. Officer Johnson was informed by the
owner that there was no camera near the area in question. When
asked if police could review the other camera tapes, the owner
stated that the cameras were not taping at the time of the
incident. There is a condition on the licenses that the License
holder must maintain "in good working order at least four video
surveillance cameras on the exterior of the building to constantly
monitor the exterior of the premises. Tapes must be maintained
for 7 days." Failure to have the video cameras on and taping on
September 23,1999 is a violation of the condition.
On October 7, 1999 there were shots fired outside of Arnellia's,
and an individual was run down in the parking lot and killed.
Saint Paul police o�cers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. SeveralmembersofthehomicideUnitwatchedthetape
provided, and it was apparent that a large portion of tfie events
from October 7, 1999 are not on the tape. It appears that the
security cameras were not activated until after the incident in
which the person was killed, as the first thing from the date in
quesfion is the arrival of the squads called to in� estigate.
AdditionaRy, the times and dates on the tapes make no sense, and
the items being viewed in 2he speci£ic surveillance areas covered
by the various cameras shift abruptly. There is a condirion on the
licenses that the License holder must maintain "in good working
order at least four video surveillance cameras on the exterior of
the building to constantly monitor the esterior of the premises.
Tapes must be maintained for 7 days." Failure to have the video
cameras on and taping at all times on October 7, 1999 is a
violation of the condition.
�.;,
Notice of Hearing - Page 2
You have the right to be represented by an attorney before and during the hearing, or you can
represent yourself. You may also have a pezson of your choice represent you, to the extent not
prohibited as unauthorized practice of law. •
The hearing will be conducted iu accordance with the requirements of Minnesota Statutes sections
14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Pau1 LeQislative
Code as may be applicable. y
At the hearing, the Administrative Law Judge will have all parties identify themsel'ves for the record.
The City will then present its witnesses and evidence, each of whom the licensee or attomey may
cross-examine. The licensee may then offer in rebuttal any wimesses or evidence it mav �vish to
present, each of whom the City's attorney may cross-examine. The Administrative Law Iudge may
in addition hear relevant and material testimony from persons not presented as witnesses hy either
party who have a substantial interest in the outcome of the proceeding; for exampie, the o�vners 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 3udge wi11 prepare Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
You should bring to the hearing all documents, records and witnesses }�ou will or may need to
support your position. Subpoenas may be available to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Rules, part 1400.7000.
If you think that tius matter can be resolved or settled without a formal hearing, please contact ar
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 incorporariQn into his
or her recommendation for Council action.
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as true. 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.
If you have any questions, you can ca11 me at 2b6-871Q.
Very tnxiy yours,
�� \ n
= 'tic �J �,�-t'�
Virginia l�: Palmer
Assistant City Attorney
cc: Mark Vaught, Suite 700, Six West Fifth St., St. Paul, NRV 55102
Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 170Q,
Mpls, MN 55401
Notice of Aearing - Page 3
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP �
Cathy Lue, Community Organizer, Hamline Midway Coalition,1564 Lafond Ave., St. Paul,
NN 55104 '
Notice of Hearing - Page 4
� 4
�
OFFICE OF ADMINISTRATIVE HEARINGS
ROR THE COUITCIL O�
THE CTTY OF SAII`�T PAUL
In Re The Licenses Held By Metro Baz & Gril1, Inc.
d/bfa Arnellia's
C"i ( Z��
CITY'S PROPOSED
EXHIBITS
7anuary 26, 200Q
T0: Judge Phyllis A. Reha, Administrative Law Judge, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list of the Ciry's proposed e�ibits for the Administrative
Hearing on January 26, 2000.
Exhibit No.
E�. No. 1
E�. No. 2
Exh. Na!�3�
.�
1" ' E�. NoC
�1
�� � E�. No. 5
E�, No�
>
� , �E�. No. 7�
y�� E�. No. 8
JYuf '''
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Description
License Information Report, dated September 30, 1999 (4 pp.);
License conditions for Metro Bar & Grill, Inc. rUb1a Arnellia's (1 p.);
Police Report CN99-157945, prepared by Officer Gerald E. Johnson, dated
Septembet 23, 1999 (2 pp.);
Police Report CN99-15794�, prepazed by Sgt. Richard J. Munoz, dated
September 23, 1999 (S pp.);
Norice of Violation, dated Septemher 30, 1999, with Affidavit of Service
� PP�);
Police Report CN99-167633, prepared by Sgt. Mazk C. Kempe, dated
November 8, 1999 (2 pp.);
Video tape recovered from the licensed establishment on October 7, 1999;
Letter from Ms. Arnellia Allen, dated October 29, 1949 (2 pp.);
A +(
'E�i. No. 9
E�. No. 10
�� i
Notice of Second �Jiolation, dated November 10, 1999, with �davit of
Service (3 pp.); ,
Notice of Hearing, dated December 1�, 1999, with �davit of Service
t� PP-)�
Also attached please find courtesy copies of applicable St. Pau1 City ordinances:
St. Pau1 Legislative Code § 310.05
St. Pau1 Legislarive Code § 310.06
St. Paul Legislative Code § 310.17
Respectfully submitted this 26th day of January, 2000.
�.
�
Virginia D mer
Assistant Ciry Attomey
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
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License Group Conditions Text
Licensee: METRO BAR & GRILL INC
�BA. ARNELIIA'S
License #: p054523
09/29H 999
EFFECTIVE 07/08/99:
1. Dress Code: Amellia's agrees to continue to enforce a dress code for customers designed specifically to prevent paVOns or customers from concealing
weapons or contra6and i�side baggy clothing or weari�g ga�g affiliated cqlors.
2. Adherence to Strict Identification Requirements: Amellia's will require proper picture identification from anyone who appears to be younger than 30
years old. Those without proper identification shall be denied entrance.
3. Inaease Communication with Police and Neighbors: Amellia's shall initiate and main7ain regufar communication with the west sector team police
commander or his designee, and licensing offipals. Christine Rozek and Kris6na Schweinler. Meetings shall include neighborhood organizations to the
extent possible.
4. Controi Music 7ype and Format Amellia's shall conBnue to be responsible for screening out music that promotes or glorifies violence and nefarious or
arti-social behavior.
5. Amellia's management and security personnel will i�sure that patrons do not leave enmasse, but rather, management and secuirty will encourage
patrons to leave in an orderly and conV011ed manner behveen 12:30 a.m. and 1:'15 a.m.
6. The pubiic telephones shalt not allow incoming cafis, nor any caiis to or from electronic beepers or pagers.
7. Amettia's shall mainUan a fist of atl patrons who have been banned from the esta6lishment, and this list s0a11 be stnct4y enforced by Arnellia's. Such list
shall include proper identification of that person, photograph and a notice of trespass. This nofice should be in triplicate with one copy going to each of the
following: �) Maintained by the esfabiishment; 2) LIEP; 3) the indfvidual being banned. Once banned, a person will remain banned for a minimum of one
year. Amellia's will cooperate unth police in filling out trespass notice{s).
8. Arneltia's shalf conGnue to provide security personnel to promote the orderiy behavior of patrons on and leaving the premises. The premises shall
i�GUde the area immediately adjacent to the establishmeat. Speciaf attenfion wilf be paid to en�uragi�g patrons to leave the area.
9. All employees and security personnel information shall be provided to LIEP for background checks.
10. Amellia's will employ the use of a metal detecting devices to ensure there are no weapons on the premises.
� L Licensee holder vrill maintain in good working order at leasi 4 video surveillance cameras on the exterior of Yne building to constantry monitor the
exterior of the premises. Tapes must be maintained for 7 days.
12. A video surveillance camera shall be maintained in good working order in the interior of the esiablishment to monitor customers as they enter the
establishment. Tapes must be maintained for 7 days.
13. Signage shaff be posted on the exterior of the building to rwtify patrons that the area may be under video surveiNance.
14. Security personnel will be on duty daily finm 8:00 p.m. until closing.
15. Back door wiil remain locked after 5:30 p.m. to prevent entry.
16. The ficensee wilt lock�the door of the establishment at �2:30 a.m. No additional patrons witt be allowed entry after that 6me.
17. Conditions reviewed at renewal.
� �
, Grill, Inc. dibla Arnellia's _
City's Eah. # 2
r �
Saint Paui Police Department �a9e �
� SUPPLEMENTAL OFFENSE / I.NGIDENT REPORT
Complamt Number Reference C,N. Pamary oXertse Date and Tme ot RepoR
99-157945 AGG RAVAT ED A SSAULT 09I2311999 14:52
Pnmary Repomng Offitec �ERALD E.lOHNSON Cocaaon ofinddentr
Primar� oSense deta�7:
Pnmary squad: � 90
Secondar� repoting ofhcer.
Dismct: WESTERN ( WEST.DIST/N.QFC )
SeconCary offense:
Name otlocaHon/6usiness:
Date S 6ma of occurence;
Afrest made?
Date 8 Sme of amest:
POUCE PEftSONNEL 1NVOLYED
Arrestmadeonview: NQ Parsuitertgaged: rJQ
Rrrest made on wanant or pravioos CN: (�JQ
Weapons used by police: (�}Q
Weaports used dy suspect at time of anesf: NO
Resrsia�ce encou�tered: NO
CHARGES
NONE
NAMES
OWNER ARNELIA ALLEN
1183 UNIVERSITY AV W STPAUL MN 55104
PhysicalDescripUon Phanes �
��
sex FEMALE Hergbt Ha�rcolor Home phone 651-642-5975 �`�
Race B�,qCK
Nispanic
D08
Age
Weight Ha'v Type -�
�
Budd Hai�Length � t
�
SWn Facia! Harr �l
�v
�
��
Physical Condkion Employment `� l
Consciousness CONSCIOUS Occupa6on OWNER
Drugla/coho/ use
FmWoyer SEIF
CRlME SCENE DESCRIPTORS
Crime Scene
ryPe
Descnpfion
Method & Point of Entry
Farce used NOT FORCED
Point al entry
Method
'ROPERTY
�
ONE � --"",. � �
� �--- - ,
( � /, Griil, Inc. d/b/a Arnellia's _
�
`�=1S.� f`` C C (� �7� City's Exh. # 3
,� .. Saint Paul Poiice Department °age 2
SUPPLEMENTAL OFFENSE / INCIDENT REPORT
Comp'aint Number Reference CN. Pnmary oBense ,
99-157945 AGGRAVATED ASSAULT
Date and 7ime of fteporf
09/23/1999 14: 52
VEHICLE INFORMATION
NONE
NARRATIVE
SQUAD 190, G,JOHNSON, WAS SENT Td 1�83 UNiVEftSiTY, ARNELtA'S BAR, TO
RECOVER THE TAPE FROM THE1R VIDEO CAMERA. THERE WAS A SHOOTlNG THERE
UNDER TNIS CN.
UPON ARRIVAL, I TRLKED TO THE OWNER HERSELF, ARNELIA ALLEN PH- 65'i-642-
5975. I EXPl1aINED TO HER THAT f WOULD LIKE TO COLLECT THE ViDEO CAMERA TAPE
FROM LAST NIGHT TO HELP IDENTIFY THE PEOPLE INVOLVED.
ARNELIA SAID SHE HEARD THERE HAD BEEN A SHOOTiNG IAST NIGHT BEHIND THE
BAR BUT THAT THERE WAS NO CAMERA THERE. I THEN ASKED WHERE SHE HAD
CAMERAS. SHE SAID THERE WERE CAMERAS LOCATED ON THE EASl' SIDE OF THE
BUILDING. 1 THEN SAiD THAT lT WAS POSSIB�E THAT ONE OF THE CAMERAS WOULD
HAVE RECOROED SOMETHING USEFUL IN IDENTIFYING SUSPECTS.
ARNE�IA THEN CALLED HER SON, LARRY ALLEN, PH 770-1477, AND TALKED TO HfM.
SHE THEN TOLD ME THAT LARftY SAID THEY DID NOT HAVE THE CAMERAS ON AND
TAPING LAS7 NIGHT.
i THEN WALKED OUTSIDE AND SAW ONE CAMERA ON THE SOUTH SfOE, WEST END
OF THE BUILDING, POINTED TOWARDS THE FRONT DOOR. I ALSO SAW TWO MORE
CAMERAS ON THE EAST SiDE OF THE BUILDING, ONE ON THE SOUTH END FACiNG IN A
NORTH- EASTERLY DIRECTING AND THE OTHER WAS QN THE NaRTH END FACING IN A
SOUTH-EASTERLY DIRECTION. THERE WAS ALSO A FOURTH CAMERA IN TriE BACK OF
THE BU1LQlNG, ON THE NQRTH WALL AND LOCATED NEAR THE EAST END OF THE
BUILDING. THIS CAMERA WAS P0INTED TOWARDS THE NORTH-WESTERLY DIRECTION.
PLEASE SEND A COPY TO THE ClTY LICENSING DIVISION
Please distribute to:
�CFiF _Hom
_Sex _D/C
_CO _Rptr
_Rob _1uv _Oper _PSC _Lab
_Burg _Theft _Prop _CAU _F&F
Vice Nazco SIU T&A Other
_Rec �Team
_Au[o _DAO
Saint Pau{ Police Department Page ,
_ _. ....
SUPPLEMENTAL OFFENSE / iNCIDENT REPORT
Comp'aint Number Reterenca C.N. Pnmary offense
Date and Time ot RepoR
99-157945 Agg. Assault ' 09/23/1999 20:44
Primary Repoi6ng Oihce� RICHARD .l MUNOZ
Primary otiense detad:
Pdmary squad: 719
Secondary raporting officer.
��+�� WESTEfttS ( CAPERS-HOMiCIDE )
Secondary oXense:
Locaffon ofincident
Name otfoca6aNbusiness:
Date & Sma of occurence:
Arresf made?
Date 8 6me of arrest
POLICE PERSONNEL iNVOLVED
Arresf made on view: NO
A�rest made on warrant or pievious GN: NO
Pursud engaged: pf Q
Resrstance encauntered.' NO
Weapons used by poGce: NO
Weapons used by suspect at tlme of a�rest NO
CHARGES
NONE
NAMES
NONE
CRIME SCENE �ESCRIPTORS
Crime Scene
Ty�
Descdption
PROPERTY
NOlVE
VEHICLE 1NFORMATiON
NONE
Method 8 Polni of EMry
Porce used NOT FORCED
Paint ot entry
Method
0
NARRATIVE
4, Sergeant Munoz, was assig�ed to investigate this incident. On September 23, '19999 at '1815 hrs. I
went to Amellia's Bar to see if there was a video taQe to recover from the time of this incident. When f
arrives at the bar 1 first observed a group ofi 6-7 biack males hanging in the parking lot. After i parked
and got out and approached the front door there only remained 5 btaCk maies stilt hanging in the tot. I
asked the group ifi any of them worked at the bar and they said no. I then walked to the front door was
was the� toid by one ofi the male that he did work for the bar. f then went into the bar and met the
owner Ameliia. 1 explained to her that I was investigating the incident that had occurced the night before
at closing. 1 asked AmeUia if any officers had been there Yo recover her video security tape and she
said yes. She expiained to me that she didn't have a tape to give the officer because ths camera in the �
�
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Saint Paui Poiice Department Page 2
SUPPLEMENTAL OFFENSE / INCIDENT REP4RT
Comqaint Number Relerance C.N. Primary ottense � Dafe and Time ot Report
99-157945 Agg. Assault 09/23/1999 20:04
rear was broken and wasn't working. I asked if any of the cameras were wor(vng and if she had a tape
in the recorder and she said no. She then showed me a video tape and toid me it was full and that the
recoder wasn't on. I then explained to Ameflia that there was a group of people hanging in the parking
lot and she told me that one of them was working for fier.
Ptease distribute Yo:
_CHF _Hom
_Sex _D!C
_CO _Rptr
_Rob _Juv _Oper _PSC _L.ab _Rec _Team
` Butg _TheR _Prop _CAU _F&F _Auco _DAO
Vice Nazco SIU T&A Other
Saint Paul Police Department Page 3
_ _ SUPPLEMENTAL OFFENSE i 1NCIDENT REPORT
Gamp/aint Number Refe2nca C.N. Pnmar/ oflense Date and Time of Report
99-157945 Agg. Assauft ' 09>23/1999 20:04
P4ease distribute to:
_CHF _Hom
_Sex _D/C
_CO _Rpts
_Rob ^ Juv _Oper _PSC _Lab _Rec _Team
_Burg �Thefr _Prop _CAU _F&F _Auto _DAO
Vice Nazco SIU T&A Qther
OFFICF ' TE� CIT�,' ATTORNEY
Claymrs M. ..obinson, Js., City Attorney
CITY OF SA1NT' PAUL
Norm Caleman, Mayor
Civil Divisinn
400 Ciry Ha71
I S St�est Kellogg Blvd
Saint Paul, �Llinnesota 55102
Telephone: 657 266-8710
Facsimile: 651298-5619
September 30, 1999
NOTICE OF VIOLATION
Amellia Allen
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Baz & Griil, Inc. d/b/a Arnellia's
for the premises at 1183 University Avenue
License ID #: 54523
Dear Ms. Al1en:
The Director of the Office of License, Inspections and Environmental Protection has
recommended adverse action against all licenses held by Metro Bar & Grill d/b/a Amellia's for
the premises at 1183 University Avenue. The basis for the recommendation is as follows:
On September 23,1999 there was a shooting outside of
Arnellia's, near the alley on the west side of the building. Saint
Paul palice officers went to the bar later that day to recover
tapes from the video surveillance cameras to assist the police in
idenfifying the suspects in the shooting. Officer Johnson was
informed by the owner that there was no camera near the area
in question. When asked if police could review the other
camera tapes, the owner stated that the cameras were not
taping at the time of the incident. There is a condition on the
licenses that the License holder must maintain "in good
working order at least four video surveillance cameras on the
exterior of the buiiding to constantly monitor the exterior of
the premises. Tapes must be maintained for 7 days." Failure
to have the video cameras on and taping on September 23,
1999 is a violation of the condifion.
� �
Grill, Inc. d/b/a Arnellia's _
City's Exh. # 5
Page 2
Ameilia Allen
September 30, 1999
If you do not dispute the above facts piease send me a letter with a statement to that effect. The
matter wi11 then be scheduled for a hearing before the St. Paui City Council to detemune what
penalty, if any, to impose. You will have an opportunity to appeaz and speak on your own
behalf, or to have someone appeaz theze for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing
before an Administrative Law Judge (AL3}. If you wish to have such a hearing, please send me a
letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," 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 Monday, October 11, 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 St. Paul Cify CounciL '
Tf you have any questions, feel free to call me or have your attorney call me at 26b-8710.
Sincerely,
` �/��cFJ. J��,"c���-uch
Virginia D. Palmer
Assistant City Attorney
cc: Robert Kessler, DirecYOr, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Ozgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATE OF MIPNES0IA )
) ss.
COUNTY OF RAMSEV
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on October l, 1999, she served the attached NOTICE OF
VIOZ,ATION on the following named person by placing a true and
correct copy thereof in an envelope addressed as follows:
Arnellia Al1en
Arnellia`s
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn
this 1s�� of
�'
/ .0 I ti �� '�/��.
to before me
■ .- ��
� ��r.�.
6122653844
5aint Paul Police Department
P.az�e3
Page t
_ SUPPLEMENTAL OFFENSE / fNC1DENT REPORT
Comp(eint Numbe/ Relslence C.N. • Pdmary oflanse Date and T/me afReport
99- investigation of Deatb '1 i/08/1999 11:13
PAmary ReperCng Officer. �K C KEMPE
Pdmery o9ense defa8;
Pnmarysquad: 715
Secontlery repwt/ng olfic�r.
�� WESTERN ( CApERS-HOMICIOE )
SeCOr�Cery of/ense:
Locaaon of/nrJdanL
tJame olloc&UaNOUSiness
Date 8 tlme of accumncs:
Arrest madel
Date 8 Sme of a,resY.•
POLICE PERSDNNEL IN110LVED �
AneSt an HeW: {�JQ
MestmadeonwenanCOipiuNousCN.' NO
Weepons usad by po6ce: � p
Weaporrsused6ysuspectatHmeofertasr. NO
Pursuitengaged: NO
Resishanee antountered: NO
CHARGES ��
NONE
NAMES � �
NONE
CRiME SCENE DESCRlPTORS ��
Crima Scene
Typa
Descrip6an
Method & Polnt oJ EnUy
Force used {�OT FORCED
Poln[ ofentry
MeMOd
PROPERTY
NONE
VENICIE INFaRMAT10N
NONE
NaR�zanvE
On 10-7-98, a shoft time after the incident occurred, Off. Arnoid obtained from Arneilia's a video tape
af severai areas outside of fhe buiiding. The tape is supposad to be a reCOrding of events
+'ecorded on 11-7-99. This tape was then given to Sgt. Younghans. Severa{ members of the
Nomicide Unit, induding myself, watched the tape and agree there is a large portion of events not
recorded on the tape. lt appears tfie security cameras were not on during the incident in which Mr.
Fariey was kiiled, but were tumed on immediately aftervvards.
The tape monitors three areas outside the Amellia's buiiding; the front door, the back door and
parking area to the east of tfie buiiding. The screen is divided into fourths, but one section (upper
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NOV-09-1999 14�04 S7. PAUL PDLICE 99i P•02
N011-09-1999 14�08 6122653844 P.03/03
Saint Paui Palice Department P� z
SUPPLEMENTAL OFFENSE i INCIDENT REPORT
CartrplaintNam6er Reference C.N. Pnmery oilanse Date antl Time otRepod
99-167fi33 { nvesfs g ation of Death 11t08 11:13
left) is btank The lower left side of the sueen is the front door area of Amellia's. ft also includes '
University Avenue east of Amelfia's frorrt door. The fower right portion of the screen is the back
door area with a large dumpster and parking spots. The upper right screen is the east parking. The
dates and times racorded onto the tapa do not make any sense, the tape begins with�the date of
10�0-89 at �70o hours.
The tape continues on the date of 10-30.89 to 0850 untiN there is cSearly a break in the sequence of
events. The tape counter dispiayed on the screen jumps to 11-7-89 with a time of 12�'I:42 and
after a shoR time, shows severaf squad cars arriving on University Avg to the easi of the front door.
in addition to Ehe sudden jump in the dates of the tape counter, tha items bei�g viewed in the
specific surveiffance areas also change abruptiy. The foilowing scenes are on the tape at � 0-30-89,
at 0850:50 just prior to the break in sequence:
- 7he front door area of Ameilia's is empty with no peopie around.
- The back door area shows a large van parked facing south and a 2 door sedan parked on the
west side of the dumpster.
- The eas# side parking shows thres vehiclss, a smal! sedan facing east, a mini van faeing east
and an SUV type vehicle parked facing west
The tape then has a clear break in sequence to 11-7-89 ai 1211:42, and fhe following changes
have occurred in the tape:
- Tnere is a large crowd of people near the front door of Ameflia's and people continue to exit fhe
bui(ding. Squad cars then arrive on University Ave. and stop to the east of the front door.
- The rear of the building shows a white car pariced on ffie east side of the dumpster and a large
van par4ced facing noRh.
- The east parking shows a white convertible facing west and a van facing easf,
Please distribute ta:
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NOU-�9-1999 14�04
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Vice Narco SN T&A
ST. PAUL POLICE 99�
Lab Rec T�am
F&F Auto DAO
Other
T07AL P.03
P.03
I� � l '
October 29, 1999
Robert Kessler, Director
License, Inspections and Environmental Protection
300 Lowry Professional Building
350 Saint Peter Street
Saint Paul MN 55102
Dear Mr Kessler:
In light of the recent incident Arneilia"s stafF have met with interested community
leaders and formulated the fol4owing as a means to deal with some issues:
• We have ordered signs for the property, " No Trespassing - Violators will be
prosecuted" and "Private property - No loitering". Signs will be delivered on
Wednesday, November 3 and in place by Thursday, November 4, 1999.
• We are pricing Halogen lighting fiorArnellia's parking lot, on the buifding on the �
West side, to face the Antiques Minnesota lot and at the rear of our building
expect to have this work completed within the next 2- 3 weeks.
• We wil{ put additionai informatior on our ca{endar regarding the strict dress
enforcement.
We
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• Our VCR was in need of repair and is now in proper working order. Tapes are
placed each day. We are using two sets of tapes and keeping them 4or a week
before we tape over them.
• We are in the process of looking at other promotional ideas that do not appeal to
younger audiences on Wednesday and Thursday nights.
• We have increased our diligence in making sure that patrons that have been
barred from the establishment do not enter.
• We wili continue to work with the interested citizens "The "Just Stop �t" Non-
Violence Campaign" to make these and other items are carried out
We welcome any other suggestions that may be forth coming to improve conditions for
AmelOa's On-The-Avenue • New gathering spot tor foad, ddrdc, musk and hospitaBty • 1183 University Ave. W., St. Pauf, MN. SS10d •(672) 642-597E
our neighbors, patrons and employees.
Sincerely,
. l��
Amellia Allen
Owner
cc: Mayor Norm Coleman
City Council members
Chief W(liam K Finney
Commander Dan Carlson
The "Just Stop IY'
Tyrone Terrell
Biily Collins
Johnny Howard
DonEsther Morris
Rev Devin Miiler
Non-Violence Campaign
OFFICF 'F � CITY ATTORNEY
Cltry[on a ,binson, J>., Ciry Attorney
CITY OF SAINT PAUL
Norm Co(eman, .4f¢yor
Civil Drvisian
400 Ciry Hall
15 West Kellagg Blvd
Saint P¢u(, .Ninnzsota S51 D2
Telephone: b5! 26b-87f0
Facsimile: 657 298-5619
November iQ, 1999
NOTICE OP SECQND VIOLATIQN
Arnallia Alien
Amellia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Bar & Grill, Inc. dlbla Amellia's
for the premises at 11$3 University Ave. in St. Paul
License ID #: 54523
Deaz Ms. Ailen:
The Director of the Office of License, Inspections and Environmental Protection has
recommended adverse action against all licenses held by Metro Bar & Grill d/bla Amellia's for
the premises at 1183 University Avenue. The basis for the recommendation is as follows:
On October 7,1999 there were shots fired outside of Arnellia's,
and an individnal was run down in the parking lot and killed.
Saint Paul police officers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. Several members of the homicide Unit watched the
tape provided, and it was apparent that a large portion of #he
events from Qctober 7,1499 are not on the tape. It appears
that the security cameras were not activated until after the
incident in which the person was killed, as the first thing from
the date in question is the arrival of the squads cailed to
investigate. Additionally, the times and dates on the tapes
make no sense, and the items being viewed in the specific
surveillance areas covered by the various cameras shift
abrugtly. There is a condition on the licenses that the License
holder must maintain "in good worl:ing order at least four
video surveillance cameras ofl the exterior of fhe building to
constantly monitor the esterior of the premises. Tapes must be
maintained for 7 days." Failure to have the vidpo cameras on
and taping at all times on October 7,1999 is a violation of the
condition.
� �
Grill, Inc. dlt�la Arnellia's
— City's Exh. # 4 -"
Page 2
Amellia Allen
November 10, 1999
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 heaiing before the St. Paul City Council to determine what
penalty, if any, to unpose. You wi11 have an opportunity to. appeaz and speak on your own
behalf, or to have someone appear there for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing
before an Administrative Law 7udge (AL�. If you wish to have such a hearing, please send me a
letter stating that you aze contestin; the facts. You will then be sent a"Notice of Hearing," so
you wiil know when and where to appear, and what the basis for the hearing wiil be.
In either case, please let me kno�v in writing no late than Monday, November 22,1999, how
you wouid 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 St. Paul City Council. �
If you have ang questions, feel free to ca11 me or have your attorney call me at 266-8710.
Sincerely,
� � � ��
��-
Virginia A. Palmer
Assistant City Attorney
cc: Mark Vaught, Suite 700, Six West Fifth St., St. Faul, MN 55102
Robert Kessler, Airector, LIEP
Christina Rozek, LIEP
Cathy Lue, Community Orgainzer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
STATS OF MINNESOTA
COUNTY OF RA1`iIS&Y
ss. AFFIDAVIT OF SERVICE BY MA2L
JOANNE G. CLEMEI�TS, being first duly sworn, deposes and says
that on November 10, 1999, she served the attached NOTICE OF
SECOND VIOT�ATION on the following named person by placing a true
and correct copy thereof in an envelope addressed as follows:
Arnellia Allen
Arnellia' s
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of
same, with postage prepaid, in the
Minnesota.
Subscribed and sworn to before me
this lOth dav of Novembe�, 1999.
� l� r %vw�-> I/
Notar Public ERP.PANGBORN
Y - NOTAflYPUBLIC-MINNESCTA
` My Cqmm. Exp¢es Jan. �t, 2000
said person) and depositing the
OFF2Cz'—Oc THE CITY ATTORNEY
ClaytOn. .abirtson, Jr., CrlyAttprney
CITY OF SAINT PAUL
Norne Coleman, Mayar
Civi1 DiviSian
a00 Crry Hall
I S {f'ut Ketloeg B(vd
Sain[ P¢ul, blinxuofa Si703
I'eLephone: 65I 166-8710
Facsimil e: 651398-3619
December 15, 1499
NOTICE OF HEARING
Arnellia Allen
Ameilia's
1183 University Avenue
Saint Paul, Minnesota 55104
RE: All licenses held by Metro Bar & Grill, Inc. dJbJa Arnellia's
for the premises at 1183 University Ave. in St. Paul
License ID #: 54523
Dear Ms. Allen:
Please take notice that a hearing wi11 be held at the foilowing time, date and place concerning all
licenses for the premises stated above:
Aate: Wednesday, January 26, 1999
Time: 9:30 a.m.
PIace: Room 41
Saint Paul City Hall
15 West Kellogg Boulevard
5aint Paul, Minnesofa 55102
The hearing will be presided over by an Administrative Law Jud�e from the State of Minnesota
Office of Administrative Hearings:
Name: Phyllis A. Reha
Office of Administrative Hearings
100 Washington Square, Suite 1100
Minneapolis, MN. 55401
Telephone: (612) 341-7602
� �
Griil, Inc. d/b!a Amellia's
— City's Exh. # 10 —
1'he Council of the City of .. _�nt Pau1 has the authority to provide for nearings conceming licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicatin� and non-
into�cating laquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse
action may include revocation, suspension, fines and oEher penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action atrainst all the ticenses you
hold at the above premises as foilows: �
On September23,1449 fherezvas a shooting outside ofArnellia's,
near the aIley on the Fvest side of the building. Saint Paul police
officers went to the bar later that day to recover tapes from the
video surveillance camerAS to assist the police in identifying the
suspects in the shooting. Officer 3ohnson �vas informed by the
o�vner that there was no camera near the area in question. When
asked i£ police could review the other camera tapes, the o�vner
stated that the cameras �vere not taping at the time of the
incident. There is a condition on the licenses that the License
holder must maintain "in good �vorl:ing order at least four video
surveillance cameras on the exterior of the buiiding to constantly
monitor the exterior of the premises. Tapes must be maintained
for 7 days." Failure to have the video cameras on and faping on
September 23, 1999 is a violation of the condit3on.
On Octoher 7, 1999 there tivere shots t'ired outside of Arnellia's,
and an individual was run down in the parking lot and l:illed.
Saint Paul poiice officers obtained the tapes from the video
surveillance cameras to assist the police in investigating the
incident. 3everal members of the homic3de UnitFVatched the tape
provided, and it was apparent that a large porfion of the events
from October 7, 1999 are not on the tape. It appears that the
security cameras were not activated until after the incident in
which the person was killed, as the first thing from the date in
question is the arrival of the squads called to inl�estigate.
Additionally, the times and dates on the tapes make no sense, and
the items being vie�ved in the specific surveilIance areas covered
by thevarious cameras shift abruptiy. There is a condition on the
licenses that the License holder must maintain "in good vvorking
order at least four video sun�eiilance cameras on the e�terior of
the building to constantly monitor the esterior of the premises.
Tapes musY be maintained for 7 days." k'aiture to have the video
cameras on and taping aC all times on October 7, 1999 is a
violatian of the condition.
Notice of Hearing - Page 2
You have the right to be L,.,,resented by an attomey before and du�.,�� the hearing, 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 hearin� will be conducted in accordance with the r�quirements of �riinnesota Statutes sections
14.57 to 14.62 and such parts of the procedures under section 310.0� of the Saint Paul Legislative
Code as may be apglicable.
At the hearing, the Administrative La�v Judae will have all parties identify themsel"ves £or the record.
The City wi11 then present its witnesses and evidence, each of whom the licensee or attorney may
cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may �vish to
present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may
in addition hear relevant and material testimony from persons not presentzd as �vitnesses by either
party who have a substantial interest in the outcome of the proceeding; for e;cample, the o�vners 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 heazing, the Judge will prepaze Findin�s of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council,
You should bring to the hearing all documents, records and witnesses }�ou will or may need to
support your position. Subpoenas may be availabie to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Ru1es, part 14Q0.700Q.
If you think that this matter can be resolved or settled �vithout a formal hear]na, please contact or
have your attorney contact the undersigned. If a stipulation or a�reement 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.
If you faii to appeaz at the heazin�, your ability to challenge the aliegations wiil be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as true. 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.
If you have any questions, you can cail me at 266-8710.
Very truly yours,
� j \ � � n
_i'L�.L�u.�'ti LJ �GL�Y�x..��
Virginia TJ Palmer
Assistant City Attomey
cc: Mark Vaught, Suite 7Q0, Six West Fifth St. St. Paul, �T 55102
Nancy Thomas, Office of Administrative Hearings, 1 QO Washinoton Square, Suite 170Q,
Mpls, NIN SS401
Notice of Hearing - Page 3
Nancy Anderson, [�sistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Or�anizer, Hamline Midway Coalition, l�64 Lafond Ave., St. Paul,
MN 55104 •
Notice of Hearing - Page 4
STATE OF MID7N
C�UNTY OF RAMS&Y
ss.
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on December 15, 1999, she served the attached NOTICE OF
HEARING on the following named person by placing a true and correct
copy thereof in an envelope addressed as follows:
Arnellia A11en
Arnellia`s
1183 University Avenue
St. Paul, MN. 55104
(which is the last known address of
same, with postage prepaid, in the
Minnesota.
on) and depositing the
Sta es mails at St. Paul,
G
Subscribed and sworn to before me
this 15 day of Decey�er, 1999.
PE7ER P. PANGBORN
NOSARY PUBLiC- MINVESOTA
fy CAmm. E<prtes 3an. 31. 20G