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01-1116Council File # � \__� �\\(� �:: '� 1 " t� � ..� ; � � `..� � '�� ��' Presented By Refened To Committee: Date 1 WHEREAS, the Office of License, Inspections and Environmental Protection iniriated 2 adverse acfion against the ficenses held by James McMurray d/b/a Jimmy Mac's, including 3 Liquor On-Sale and Sunday On-Sale Liquor licenses, for the premises at 756 Jackson Street, in 4 Saint Paul (License ID#: 20000005968) based upon a lapse in liquor liability insurance; and 6 WHEREAS, the Notice of Violation advised the licensee that LIEP had been informed 7 that the insurance was canceled as of September 7, 2001 and that no information had been 8 received about replacement insurance; and 10 WHEREAS, the Saint Paul City Council, under Council File #CF-01-759 imposed a 11 three-day suspension of licenses on the licenseholder for a prior liquor liability insurance lapse, 12 making this a second violation, foz which the presumptive penalty recommended in Saint Paul 13 Legislative Code §409.26 is revocation of the licenses; now therefore, be it 14 15 RESOLVED, that the licenses held by James McMurray d/b/a Jimmy Mac's, including 16 Liquor On-Sale and Sunday On-Sale Liquor licenses, for the premises at 756 Jackson Street, in 17 Saint Paul (License ID#: 20000005968) are hereby revoked for a second violation of lapse in 18 liquor liability insurance within the last year. 19 ia Requested by Department of: Adoption Certified by Council Secretary BY' � �� � . Approved by Mayor: Date RESOLUTION OF SAINT PAUL, MINNESOTA / By: By: 14h-1.�'�' �} i���-41�� Form Approv d by City Attorney sy: � � Approved by Mayor for Submission to Council ay: Green Sheet # O� 4 � Adopted by Council: Date 1 Vav _�\ aQ0 � -T OFFICE OF LISP Date: GREEN SHEET Roger Curtis, Director october 12, 2ooi 266-9013 N0 .103844 a�'��t 1 EPARISffi!Tf DIRECfOR 3 ITY C09NCIL ,� '� ITY ATTORNSY ITY CLHRR � ust be on Council Agenda by: � DIRECTOR �. � eacx. svc. n�x. � etober 24 2001 � OR (OR ASSISTANT) OTAL # OF SIGNATQRE PAGSS 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That the licenses held by James McMurray d/b/a Jimmy Mac's, including Liquor On-Sale and Sunday On-Sale Liquor licenses, for the premises at 756 Jackson Street, in Saint Paul (License ID#=20000005968) be revoked. COtB�ENDATIONS: APPROVE (A) OR RfiJECT (R) ERSOHIJ. SSRVICS CONTRAClS MOST ANSNSA THS POLLOWIHG: PLFiNNING COMMZSSION CIVIL SHRVZCS COM14fISSION l. Has the person/fizm ever worked under a contract for this department? CIB COMMZTTH% _ BIISINESS RSVIE4➢ COUNCIL YES NO STAFP _ Has this per5on/Eirm ever been a City employee? DISIRICT COOAT _ yHS NO Does this person{firm possess a skill not normally possessed by any UPPORTS WHZCH COONCIL OSJECTIVB? Cussent City employee? YES NO - laia all Y8S aaswera oa a aeparate sheet aud attaeh. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): This is the second violation of lapse in liquor liability insurance within the last ear. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: On-sale liquor establishments will no longer carry liquor liability insurance. TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) {;'�€13�� �.'Sd�?�ii �c�s�Et ��,� �. 6a /.Yf�i K CITY OF SAINT PAUL Nolm Coleman, Mayor October 9, 2001 OFFICE OF THE CITY ATTORNEY Clnytors M. Robinson, Jc, Ciry Attorney �, � �`1y Civil Division 400 Ciry Hn/1 Telephone: 651266-8710 ISWestKelfoggBlvA. Facsimile:65l298-56l9 Sain[ P¢ul, hlirsnesota 55l01 N�TICE OF COiJ1VCIL HEARING James McMunay Jiznmy Mac's 755 Jackson Street Saint Paul, Minnesota 55117 Re: Licenses held by James McMurray d/b/a Jimmy Mac's for the premises at 756 Jackson Street, in Saint Paul License ID #: 20000005968 Deaz Mr. McMurray: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, October 24, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the lapse in your liquor liability insurance have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the lacense office will be for the revocation of all of your licenses. If you have any questions, please call me at 266-8710. Very truly yours, ,/�� ��� /� /1 t��f� "`C'ti`°�l Virgmia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN 55117-4920 Q�-���5. UNCONTESTED LICENSE HEARING Licensee Name: Address: Council Hearing Date Violation: Place: Presumptive Penalty: James McMurry dlb/a Jimmy Mac's 756 Jackson Street October 24, 2001 Lapse in Liquor Liability Insurance (2" violation) Licensed Premises Revocation of all licenses (2" violation) Recommendation of Assistant City Attorney on behatf of client, Office of License, Inspections and Environmental Protection: Revocation of All Licenses (2" violation) Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. 9/12/01 letter from Kris Schweinler to James McMurray CITY OF SAINT PAUL Norm Coleninn, Mn}'or September 24, 2001 James McMunay Jimmy Mac's 756 Jackson Street Saint Paul, Minnesota 55117 OFFICE ' THE CITY ATTORNEY Clrsyeon M. �inson, Jr., Ciry Attorney O` _, `�� CivilDirisiors 400 Ciry� Ha11 Telephone: 651 266-87I0 I S if'es� Kellogg Bh�d. Fncsimile: 65! 193-5619 Snint Pard, hfinnuora 55/01 NOTICE OF VIOLATION Re: Licenses held by 7ames McMusay dlbfa Jimmy Mac's for the premises at 756 Jackson Street, in Saint Paul License ID #: 20000005968 Dear Mr. McMunay: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the licenses held by you, d/b/a Jimmy Mac's for the premises located at 756 Jackson Street. The basis for the recommendation is as follows: On August 27, 2001 the Office of LIEP received notice of canceliation of your liquor liability policy effective September 7, 2001 at 12:01 a.m.. You �vere notified by a hand-delivered letter on September 12, 2001 that you needed to provide proof of current insurance coverage to the Office of LIEP. As of September 19, 2001, no information has been received from you regarding current liquor liability insurance. This is a second violation for failure to maintain liquar liability insurance within the last four months, and according to the penalty matrix contained in Saint Paul Legislative Code §409.26, the presumptive penalty for a second appearance in front of the City Council on this violation is revocation of the license. Accordingly, that will be the recommendation of the Office of LIEP. If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. Page 2 James McMurray September 24, 2001 Q 1 �\��(r On the other hand, if you wish to dispute the above facts, I wili schedule an evidentiary hearing before an Administrative Law Jud�e (ALJ). If you wish to have such a hearing, please send me a letter statin� that you are contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing cvill be. In either case, please let me knofv in �vriting no later than Friday, October 5, 2001, 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 scheduied for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, � �� '� ��/ �� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN SS117-4920 O � - �\�.� STATE OF MINNESOTA ) ) ss. COi3NTY OF RAMSEY ) AF'FIDAVIT OF SERVICE BY MAIL JOANNE G. CLENiENTS, being first duly sworn, deposes and says that on September 24, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: James McMurray Jimmy Mac' s 756 Jackson Street St. Paul, MN. 55117 (which is the last known address of same, with postage prepaid, in the U Minnesota. Subscribed and sworn to before me this 24th of�eptem�r,�-z'`QO1. �� / l"v""'' �, `�""ar"; ,° .cTEr? i� i=:�.:a:jB:i�i1 Notary Publi �r.?�;��;"� �'� a . k �^�iaa.t:cs;ot�i .i�,-F�,x,m.n._..._. ..,.. ...�5J�4=�d. �'i,?tk, said person) depositing the �icenSe Group Comments Teut Lfcensee: �pMES MCMURRAY DBA: JIMMY MACS License #: 20000005968 09/'19/2001 ai-����, 09/192001 Ins stiU not received. To CAO for revocation. CAR 09/�4l2001 Kris hand delivered suspension letter for delinquent state taxes. LAB � 09/12/2001 Kris hand delivered "no alcohol service" letter. LAB 09/12/2001 Adopted Resoiution - 01-963 - conceming adverse action against the liquor on Sale and Sunday On-sate liquor fic. caa 09/04/2001 Notice of Violation and Council Hearing from CAO for two weapons violations - CN 07-127-938, 06/25/2001, gun, CNOt-128-718, 06/26/200�, razor. Hearing scheduled for'10/24/2001. CAR 08/272001 Received notice of cancellation for liquor liability policy #GA900�740 eff. 9f7/0� at 12:01 a.m. LAB 08/30/2007 Sent fine Ietter ($200 due 9l21/01). lA6 08/28/2001 To CAO for adverse action. CAR 08/27/2001 Received letter from Dept of Revenue ordering license revoration by 09/24l2001. Order was sent by Sharon Fritchie at 651-297-4055. CAR 08/22/2001 CFO7-860, Iicensee is hereby ordered to pay a fine of $200 for the violation of the sale of tobacco or tobacco products to a minor. caa OS/�4/2007 Weapons violation to CAO for waming based on O6/25/2001 incident with a gun inside of the bar. CAR 08/1372001 Ins notice of reinstatement received (with no lapse in coverage). Reinstated effedive Sept 3, 2001 at 12:01 am. caa OS703/2001 Dram shop insurance cancellation received eBective 12:OtA.M. on 09/03/2001. CAR 08/02/2001 Sent suspension letter for failure to maintain liquor Iiabiiity insurence. Suspension for 3 days beginning t2:0� a.m. on 07/25/2001 through � 7:59p.m. on 0727/2001. Council was aware that the suspension was already served before the Ietter went out. Bar was already closed for three days for a broken water pipe and council chose not have the licensee close any additional days for ihe dram shop violation. CAR OS/O7/2007 Notice of Council Meeting from CAO. Scheduled for consent on 08/22/2001 for sate of tobacco products to a minor.JL 07/25/2001 CF-01-759 approved to suspend all licenses for three days for failure to maintain dram shop insurance. CAR 06721l2041 Notice ot V�olation from CAO for liquor Iiability insurance cancellation . Given to O6i29J2007 to respond.JL �� 07/77/2001 Notice of violation from CAO for sale of tobacco products to a minor. Given to 07/27/2001 to respond. JL 07/17/200t to CAO for adverse adion on compliance failure. CAR �7/11/2��t Received complai�t that licensee is buying retail to sell retail. Complaint has been forvvarded to State Liquor CoMrol. CAR 07/O6/2001 Failed tobacco compliance check. Clerk was James Bre@ McMurray, 594 Como 55103. First failure, $200 matrix penalty. CAR 07/06/2001 To CAO for adverse action for lapse in insurance. CAR 07/03/2007 Ins reinstated with lapse from June 14. CAR O6/28/2001 Rich Jents wrote a report indicating that the establishment is open and operating.CAR 06/25/2001 CNOi-127938 received indicating a weapons violation in bar (gun). CAR 06/20/2001 Kris carried letter from CA advising owner that a lapse in dram shop is a serious violation. CAR 06/192001 Kris Schweinier has confirmed that Jimmy Mads is open and serving alcohol. CAR O6/19l2001 To CAO for adverse action. CAR 06/15/2001 Hand carried tetter to Jimmy Mac's indicating that they should discontinue alcohol service because of cancellation of liquor liability CAR 06/05/2001 Received cancellation of Liquor Liability insurance effective 6/14/2001 at 12:01 a.m. LAB 04/10/2001 Sent congratulations letter for passing alcohol compliance check. SS 03/23/2001 Passed DPS alcohol compliance check conducted by SPPD. SS 03I3012001 No longer sells tobacco P.F. 02/14/2001 Adopted resolution 01-144 waiving the 45-day notice requirement for issuance of an onsale liquor and Sunday liquor license. caNCaa 02/08l2001 scheduled forCity Council 2/14/Ot. caa Ott25(2001 Received letter from District 6 waiving the 45 day waiting period. To CAO for a waiver resolution. Hopefully, this can be on the 02/07/2001 council agenda. CAR Ot/23/2007 Notification response date 03/09/2001, notices mailed Ot/23/2001; 56M & 38EM.JL 12l27l2000 Management agreement, purchase agreement, affidavit received. KSlcaa 12/27/2000 History: current licensee, Beaver Lounge. ALJ recommends license suspension for 45-days and 51,000 fine and cost of ALJ Hearing 45-day suspension waived if new applicant submits requested documents (affidavit non-relation, management and purchase agreement). Final action has been laid overto t!3/Ot KSlcaa a�_ ���.� � Adtlress V�see �CoMad' License 1 Cerdholder ( � Licensee Neme. � � DBR MAC � sales Tax 12 r 00000.59� 0 JAMES MCMUftR1,dMMY MAC'S ' '__' , RestaurerH t083S JAMESMCMURRAJIMMVMACS ,qlarmPem �-^�- , a a � . ���*� �'-� _ �'.'�''"+� � ��� �..... ... � �N�� ti±� No longer se�s to6acco proiO3N6R007 03i06f2002 756 .. _'_' _"'_ .. _ _ .. ... LicensePruited 03N6ROP7 03N62002756 �e LicensePriMetl 03N6R007 03i06rz002756 ae - L'icensePriMetl 93ip62�01 03N6f2002756 ve LicensePreitetl �03N62007 Q3N6R002756 �o-i 61-\��4 Adtl(f � 1 x�` � � § Lice % 7 zY °= �YmC �r'45`� ��% { � Salej ��cense � Lkereee ! ; G Propesty Y` License� � � Street #: 56 � ; Slreet Name. ACKSON I Streel7ype: �ST ? � una i�a �'— : Cdy: T PAUL � SYate: �IN — Ward. � � � D'ist Counctl: �6 � 4censee' AMES MG9UF DBA IMMV MACS � ' :a`-s� Sales Tax Itl: ENDING Lia Types C llnotficiai Directiorc Bus mrt (NewJ Locffii0n (Class A) i Sale - SLnday : DBA �11MMY MACS hsurance � Bontl � Requrcemerr[s � PrajeMFaNRffio(:0.SUNCiOPJ,CORW4dE <; Adverse Actian CommeMz Iry. 55717 9n 2R001 Hris hand delivered "r.o alcohol service" _ etter. LA9 9A4R001 Nctice of Violalion antl Counc� Heanng fmm AO tor two weapons violatlons - CN 0'I-127-938, ___ ___ _ __ 6 Licensee ' CommerHs �ane: 651)222-6011 ' y�1. C�eSS�i��WFt'�an�P�c �.�,��i�f{�si�l�S�ee"� :,i R 03N6R001 03R162002 N $10.�0' 'C 0310g2�01 03rt7672002 N 568.00 - C 03N62001 03A6J2002 N $200.00 J a �- ���6 Adtlre� ��' > � = � 4 ice �� � � � ��� ��''�� Licensee AMES MCMURRAV Qea "�� DBA UAMYMRCS Sale License LiCensee � Va Types i InsuranCe I Bond i Requ"vemeMs, . LiCensee N9me AMES MCMURRAY Et- n^a: } "^�'..:�.-`�'.,:`..�,': OBA IMMV MACS ! SaiesTaxid G � es'.::"3 � Non-Profk (� MVOrker's Comp. ONOrt]p00 �„"£�P„,_��,L,,,�__„ � AA Corrtrect Rec'd Oi00lJ000 `{yp Treining Rec'd IDOro000 i AA Fee Cotlected: ONON000 Discwmt ReCd r' a OIHer A enc Licenses Fmenaal Hold Reasons 3 # ,:.;:Lice�9�''.P�`�aiGY�' a4r��2��lse'�"`r, :... % ac � -� ° � : ��_, s t.�.. . �'��. - � �„ �.e�� .'. _"a;�` d CoMectsforthisLicensee t ; k{C0_ 0000[ � O[her 12p8T100000A0lOOOiMCMURRAY 4. �e.: '... �::2 . 4 r,�g�F� u� , Background Check Reqwretl � cense # 00005968 5�� .._ _,".•�" - a° `�`�� . "�'' ° �'� : " + ?�I G MaOTo Cordad SOLE PROPRIEtfi.+`1) 222-6071 (651 I(' �icense Address JAMES SOLEPROPRIE(651)222-6011(651�----__-_. � Mail Inroice To: — �' Mail To CoMact r license Adtlress ��e,.�i,.*,s�s�. �`�..a � , . .- _ _ � -��- —_'____" a�_�``� �� S== � Y'^v- �� .Q;�� Licensee ESMCMURRAY '�:'i �_ .,-� _ .5�; D&4 IMMYMACS 4BP - Sale, Lirense � Licensee � Lic. Types Nsurance I BarW � Requcemerits � i i , License Type: iquor On Sele- SuMay ' Insurence 7ype: Liquor Liabyty �nswance j Pofry#: A9001740 . Comparry. WTED NATIONAL INS CO Adtlress: � Phone #. �— � toft � Eifechve: }77tt132��1 �abBdyLimhs InsuranceRec'd f13f1001 � j Expirehon. 7N3f2002 Ot10MlOOft 0 Days To Cencei: 30 CoMinuaus r Canceled' ���� Chylnsuretl (� CencelRec'tl: � gp7R001 .y„ ___ "_`_"_"_"'_ ""_'"'—"'_'__"`" _"—_"__'"__'__—_'""'"_"' "'"_"""'"_"""_: ...✓ --- _ AgenCY. BCINSURANCEMK ��� Atldress: 0 E LITTLE CANADA RD, LRTLE CANADA, MN 55177 � Phone #: � CoMacF. pg� SCHNFAOFR " R. �pu: �� ..ni � � � "> .License# OOOQi966 �.G< 3 of 6 S�si,p ' 756 756 756 OFF[CE OF LICENSE, NSPECTIO�iS AND Eh'�/IROY�[E�iTAL PROTECT[OV Rager Cur[is. D'vettor � O `�„ `` `� CITY OF SAINT PAUL Norm Coleman, hfayar September 12, 2001 James McMurray Jimmy Mac's 756 Jackson Street Saint Paul, MN 55117 Dear Mr. McMurray: L04YRYPROFESSfOVALBUILD/.VG Telepkone: 6�7-266-9090 3i0St.PeterStree;Suite300 Facsimile: 6i1-?66-9l11 Saint Paul, hfinneso�a SS/0?-!i!0 «eb: wvneCLstpcuLmn.us/liep It has come to our attention that the liquor liability insurance you are required to have and keep in force while holdin� an On Sale Liquor license in Saint Paul was cancelled effective September 7, 2001 at 12:01 a.m and the Office of License, Inspections and Environmental Protection has not received proof of replacement covera�e which is required by Chapter 409 of the Saint Paul Legislative Code. Please be advised that there should be no service of alcohol at 7�6 7ackson Avenue until this office receives a replacement liquor liability certificate. IFyou have any questions, I am available at 266-9110 durin� regular business hours. Your replacement certificate or reinstatement can be faxed to 651 266-9124, attention Kris. Sincerely, i C���-�� � Kris Schweinler Senior License Inspector Enclosure �C�Cl�C� SEP 2 � 2Qn� �iT� ATTOi�f�E�° ,� .. . OFFICT � THE CITY ATTORNEY 0\-���5� Clnyton M...�bittson, Jr., CiryAnorney CITY OF SAINT PAUL c,�,lo,,.u;o„ Narm Colemarz, May�or 400 City Ha!/ 1 i West Ke!logg Blvd. Saint Pn+d, btinnuota 5510? i September 4, 2001 NOTICE OF VIOLATION AND COUNCIL HEARING James McMunay 7immy Mac's 756 Jackson Street Saint Paul, MN 55117 3g 0. Telephane: 651166-8710 Facsintile: 65! 198-56I9 Re: Licenses held by James McMurray d/b/a 7immy Mac's for the premises at 756 Jackson Street, in Saint Paul Aear Mr. McMurray: The Office of License, Inspections and Environmental Protection has received a copy of Saint Paul Police Report CN # 01-127-938, which indicates that there was a person in your establishment on June 25, 2001, who had a pistol. A second report was received, CN # O1-128- 718, which indicates that a woman in your establishment on June 26, 2001, pulled a razor and threatened a customer with it. Please be advised that pursuant to Saint Paul Legislative Code §409.06(0), rivo or more reports within a twelve month period of the unlawful use or handling of firearms, assault weapons, or knives on the premises of a licensed on-sale establishment requires a hearing before the Saint Paul City Council to determine whether adverse action should be taken against your licenses. A hearing has been scheduled for Wednesday, October 24, 2001 at 5:30 p.m. in the City Council Chambers, Third k'loor, Saint Paul City Hall and Ramsey County Courthouse. If you have any questions about this Notice, please feel free to contact me. Sincerely, ���=�cctJ� � � Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Kathy Cole, Executive Director, DisYrict 6 Planning Council, 1061 Rice St., St. Paul, MN 5 5 1 1 7-4920 � o�-���v STATE OF MINNESOTA COUNTY OF RAMSEY FX� AEFIDAVIT OE' SERVICE SY MAIL JOANNE G_ CLEMENTS, being first duly sworn, deposes and says that on September 5, 2001, she served the attached NOTSCE OE VIOLATION AND COUNCIL HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: James McMurray Jimmy Mac's 756 Jackson Street St. Paul, NAV. 55117 (which is the last known same, with postage prepaid Minnesota. address of said person) depositing the , in the United States mails at St. Pau1, Subscribed and sworn to before me this 5th of �tember, 2001. Notary _ � ..��, �...�- .���...._�.: � PETcR P. ;% � • NOTfiRY PUBLIC - 7�i�:4-5pTA '� j,,,' ifiY CORR�e?iSS10.'a' � . �x��aes,�nrs.s�,z�s �- �:��-�•.,-----x:,-=, Council File # � \__� �\\(� �:: '� 1 " t� � ..� ; � � `..� � '�� ��' Presented By Refened To Committee: Date 1 WHEREAS, the Office of License, Inspections and Environmental Protection iniriated 2 adverse acfion against the ficenses held by James McMurray d/b/a Jimmy Mac's, including 3 Liquor On-Sale and Sunday On-Sale Liquor licenses, for the premises at 756 Jackson Street, in 4 Saint Paul (License ID#: 20000005968) based upon a lapse in liquor liability insurance; and 6 WHEREAS, the Notice of Violation advised the licensee that LIEP had been informed 7 that the insurance was canceled as of September 7, 2001 and that no information had been 8 received about replacement insurance; and 10 WHEREAS, the Saint Paul City Council, under Council File #CF-01-759 imposed a 11 three-day suspension of licenses on the licenseholder for a prior liquor liability insurance lapse, 12 making this a second violation, foz which the presumptive penalty recommended in Saint Paul 13 Legislative Code §409.26 is revocation of the licenses; now therefore, be it 14 15 RESOLVED, that the licenses held by James McMurray d/b/a Jimmy Mac's, including 16 Liquor On-Sale and Sunday On-Sale Liquor licenses, for the premises at 756 Jackson Street, in 17 Saint Paul (License ID#: 20000005968) are hereby revoked for a second violation of lapse in 18 liquor liability insurance within the last year. 19 ia Requested by Department of: Adoption Certified by Council Secretary BY' � �� � . Approved by Mayor: Date RESOLUTION OF SAINT PAUL, MINNESOTA / By: By: 14h-1.�'�' �} i���-41�� Form Approv d by City Attorney sy: � � Approved by Mayor for Submission to Council ay: Green Sheet # O� 4 � Adopted by Council: Date 1 Vav _�\ aQ0 � -T OFFICE OF LISP Date: GREEN SHEET Roger Curtis, Director october 12, 2ooi 266-9013 N0 .103844 a�'��t 1 EPARISffi!Tf DIRECfOR 3 ITY C09NCIL ,� '� ITY ATTORNSY ITY CLHRR � ust be on Council Agenda by: � DIRECTOR �. � eacx. svc. n�x. � etober 24 2001 � OR (OR ASSISTANT) OTAL # OF SIGNATQRE PAGSS 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That the licenses held by James McMurray d/b/a Jimmy Mac's, including Liquor On-Sale and Sunday On-Sale Liquor licenses, for the premises at 756 Jackson Street, in Saint Paul (License ID#=20000005968) be revoked. COtB�ENDATIONS: APPROVE (A) OR RfiJECT (R) ERSOHIJ. SSRVICS CONTRAClS MOST ANSNSA THS POLLOWIHG: PLFiNNING COMMZSSION CIVIL SHRVZCS COM14fISSION l. Has the person/fizm ever worked under a contract for this department? CIB COMMZTTH% _ BIISINESS RSVIE4➢ COUNCIL YES NO STAFP _ Has this per5on/Eirm ever been a City employee? DISIRICT COOAT _ yHS NO Does this person{firm possess a skill not normally possessed by any UPPORTS WHZCH COONCIL OSJECTIVB? Cussent City employee? YES NO - laia all Y8S aaswera oa a aeparate sheet aud attaeh. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): This is the second violation of lapse in liquor liability insurance within the last ear. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: On-sale liquor establishments will no longer carry liquor liability insurance. TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) {;'�€13�� �.'Sd�?�ii �c�s�Et ��,� �. 6a /.Yf�i K CITY OF SAINT PAUL Nolm Coleman, Mayor October 9, 2001 OFFICE OF THE CITY ATTORNEY Clnytors M. Robinson, Jc, Ciry Attorney �, � �`1y Civil Division 400 Ciry Hn/1 Telephone: 651266-8710 ISWestKelfoggBlvA. Facsimile:65l298-56l9 Sain[ P¢ul, hlirsnesota 55l01 N�TICE OF COiJ1VCIL HEARING James McMunay Jiznmy Mac's 755 Jackson Street Saint Paul, Minnesota 55117 Re: Licenses held by James McMurray d/b/a Jimmy Mac's for the premises at 756 Jackson Street, in Saint Paul License ID #: 20000005968 Deaz Mr. McMurray: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, October 24, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the lapse in your liquor liability insurance have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the lacense office will be for the revocation of all of your licenses. If you have any questions, please call me at 266-8710. Very truly yours, ,/�� ��� /� /1 t��f� "`C'ti`°�l Virgmia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN 55117-4920 Q�-���5. UNCONTESTED LICENSE HEARING Licensee Name: Address: Council Hearing Date Violation: Place: Presumptive Penalty: James McMurry dlb/a Jimmy Mac's 756 Jackson Street October 24, 2001 Lapse in Liquor Liability Insurance (2" violation) Licensed Premises Revocation of all licenses (2" violation) Recommendation of Assistant City Attorney on behatf of client, Office of License, Inspections and Environmental Protection: Revocation of All Licenses (2" violation) Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. 9/12/01 letter from Kris Schweinler to James McMurray CITY OF SAINT PAUL Norm Coleninn, Mn}'or September 24, 2001 James McMunay Jimmy Mac's 756 Jackson Street Saint Paul, Minnesota 55117 OFFICE ' THE CITY ATTORNEY Clrsyeon M. �inson, Jr., Ciry Attorney O` _, `�� CivilDirisiors 400 Ciry� Ha11 Telephone: 651 266-87I0 I S if'es� Kellogg Bh�d. Fncsimile: 65! 193-5619 Snint Pard, hfinnuora 55/01 NOTICE OF VIOLATION Re: Licenses held by 7ames McMusay dlbfa Jimmy Mac's for the premises at 756 Jackson Street, in Saint Paul License ID #: 20000005968 Dear Mr. McMunay: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the licenses held by you, d/b/a Jimmy Mac's for the premises located at 756 Jackson Street. The basis for the recommendation is as follows: On August 27, 2001 the Office of LIEP received notice of canceliation of your liquor liability policy effective September 7, 2001 at 12:01 a.m.. You �vere notified by a hand-delivered letter on September 12, 2001 that you needed to provide proof of current insurance coverage to the Office of LIEP. As of September 19, 2001, no information has been received from you regarding current liquor liability insurance. This is a second violation for failure to maintain liquar liability insurance within the last four months, and according to the penalty matrix contained in Saint Paul Legislative Code §409.26, the presumptive penalty for a second appearance in front of the City Council on this violation is revocation of the license. Accordingly, that will be the recommendation of the Office of LIEP. If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. Page 2 James McMurray September 24, 2001 Q 1 �\��(r On the other hand, if you wish to dispute the above facts, I wili schedule an evidentiary hearing before an Administrative Law Jud�e (ALJ). If you wish to have such a hearing, please send me a letter statin� that you are contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing cvill be. In either case, please let me knofv in �vriting no later than Friday, October 5, 2001, 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 scheduied for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, � �� '� ��/ �� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN SS117-4920 O � - �\�.� STATE OF MINNESOTA ) ) ss. COi3NTY OF RAMSEY ) AF'FIDAVIT OF SERVICE BY MAIL JOANNE G. CLENiENTS, being first duly sworn, deposes and says that on September 24, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: James McMurray Jimmy Mac' s 756 Jackson Street St. Paul, MN. 55117 (which is the last known address of same, with postage prepaid, in the U Minnesota. Subscribed and sworn to before me this 24th of�eptem�r,�-z'`QO1. �� / l"v""'' �, `�""ar"; ,° .cTEr? i� i=:�.:a:jB:i�i1 Notary Publi �r.?�;��;"� �'� a . k �^�iaa.t:cs;ot�i .i�,-F�,x,m.n._..._. ..,.. ...�5J�4=�d. �'i,?tk, said person) depositing the �icenSe Group Comments Teut Lfcensee: �pMES MCMURRAY DBA: JIMMY MACS License #: 20000005968 09/'19/2001 ai-����, 09/192001 Ins stiU not received. To CAO for revocation. CAR 09/�4l2001 Kris hand delivered suspension letter for delinquent state taxes. LAB � 09/12/2001 Kris hand delivered "no alcohol service" letter. LAB 09/12/2001 Adopted Resoiution - 01-963 - conceming adverse action against the liquor on Sale and Sunday On-sate liquor fic. caa 09/04/2001 Notice of Violation and Council Hearing from CAO for two weapons violations - CN 07-127-938, 06/25/2001, gun, CNOt-128-718, 06/26/200�, razor. Hearing scheduled for'10/24/2001. CAR 08/272001 Received notice of cancellation for liquor liability policy #GA900�740 eff. 9f7/0� at 12:01 a.m. LAB 08/30/2007 Sent fine Ietter ($200 due 9l21/01). lA6 08/28/2001 To CAO for adverse action. CAR 08/27/2001 Received letter from Dept of Revenue ordering license revoration by 09/24l2001. Order was sent by Sharon Fritchie at 651-297-4055. CAR 08/22/2001 CFO7-860, Iicensee is hereby ordered to pay a fine of $200 for the violation of the sale of tobacco or tobacco products to a minor. caa OS/�4/2007 Weapons violation to CAO for waming based on O6/25/2001 incident with a gun inside of the bar. CAR 08/1372001 Ins notice of reinstatement received (with no lapse in coverage). Reinstated effedive Sept 3, 2001 at 12:01 am. caa OS703/2001 Dram shop insurance cancellation received eBective 12:OtA.M. on 09/03/2001. CAR 08/02/2001 Sent suspension letter for failure to maintain liquor Iiabiiity insurence. Suspension for 3 days beginning t2:0� a.m. on 07/25/2001 through � 7:59p.m. on 0727/2001. Council was aware that the suspension was already served before the Ietter went out. Bar was already closed for three days for a broken water pipe and council chose not have the licensee close any additional days for ihe dram shop violation. CAR OS/O7/2007 Notice of Council Meeting from CAO. Scheduled for consent on 08/22/2001 for sate of tobacco products to a minor.JL 07/25/2001 CF-01-759 approved to suspend all licenses for three days for failure to maintain dram shop insurance. CAR 06721l2041 Notice ot V�olation from CAO for liquor Iiability insurance cancellation . Given to O6i29J2007 to respond.JL �� 07/77/2001 Notice of violation from CAO for sale of tobacco products to a minor. Given to 07/27/2001 to respond. JL 07/17/200t to CAO for adverse adion on compliance failure. CAR �7/11/2��t Received complai�t that licensee is buying retail to sell retail. Complaint has been forvvarded to State Liquor CoMrol. CAR 07/O6/2001 Failed tobacco compliance check. Clerk was James Bre@ McMurray, 594 Como 55103. First failure, $200 matrix penalty. CAR 07/06/2001 To CAO for adverse action for lapse in insurance. CAR 07/03/2007 Ins reinstated with lapse from June 14. CAR O6/28/2001 Rich Jents wrote a report indicating that the establishment is open and operating.CAR 06/25/2001 CNOi-127938 received indicating a weapons violation in bar (gun). CAR 06/20/2001 Kris carried letter from CA advising owner that a lapse in dram shop is a serious violation. CAR 06/192001 Kris Schweinier has confirmed that Jimmy Mads is open and serving alcohol. CAR O6/19l2001 To CAO for adverse action. CAR 06/15/2001 Hand carried tetter to Jimmy Mac's indicating that they should discontinue alcohol service because of cancellation of liquor liability CAR 06/05/2001 Received cancellation of Liquor Liability insurance effective 6/14/2001 at 12:01 a.m. LAB 04/10/2001 Sent congratulations letter for passing alcohol compliance check. SS 03/23/2001 Passed DPS alcohol compliance check conducted by SPPD. SS 03I3012001 No longer sells tobacco P.F. 02/14/2001 Adopted resolution 01-144 waiving the 45-day notice requirement for issuance of an onsale liquor and Sunday liquor license. caNCaa 02/08l2001 scheduled forCity Council 2/14/Ot. caa Ott25(2001 Received letter from District 6 waiving the 45 day waiting period. To CAO for a waiver resolution. Hopefully, this can be on the 02/07/2001 council agenda. CAR Ot/23/2007 Notification response date 03/09/2001, notices mailed Ot/23/2001; 56M & 38EM.JL 12l27l2000 Management agreement, purchase agreement, affidavit received. KSlcaa 12/27/2000 History: current licensee, Beaver Lounge. ALJ recommends license suspension for 45-days and 51,000 fine and cost of ALJ Hearing 45-day suspension waived if new applicant submits requested documents (affidavit non-relation, management and purchase agreement). Final action has been laid overto t!3/Ot KSlcaa a�_ ���.� � Adtlress V�see �CoMad' License 1 Cerdholder ( � Licensee Neme. � � DBR MAC � sales Tax 12 r 00000.59� 0 JAMES MCMUftR1,dMMY MAC'S ' '__' , RestaurerH t083S JAMESMCMURRAJIMMVMACS ,qlarmPem �-^�- , a a � . ���*� �'-� _ �'.'�''"+� � ��� �..... ... � �N�� ti±� No longer se�s to6acco proiO3N6R007 03i06f2002 756 .. _'_' _"'_ .. _ _ .. ... LicensePruited 03N6ROP7 03N62002756 �e LicensePriMetl 03N6R007 03i06rz002756 ae - L'icensePriMetl 93ip62�01 03N6f2002756 ve LicensePreitetl �03N62007 Q3N6R002756 �o-i 61-\��4 Adtl(f � 1 x�` � � § Lice % 7 zY °= �YmC �r'45`� ��% { � Salej ��cense � Lkereee ! ; G Propesty Y` License� � � Street #: 56 � ; Slreet Name. ACKSON I Streel7ype: �ST ? � una i�a �'— : Cdy: T PAUL � SYate: �IN — Ward. � � � D'ist Counctl: �6 � 4censee' AMES MG9UF DBA IMMV MACS � ' :a`-s� Sales Tax Itl: ENDING Lia Types C llnotficiai Directiorc Bus mrt (NewJ Locffii0n (Class A) i Sale - SLnday : DBA �11MMY MACS hsurance � Bontl � Requrcemerr[s � PrajeMFaNRffio(:0.SUNCiOPJ,CORW4dE <; Adverse Actian CommeMz Iry. 55717 9n 2R001 Hris hand delivered "r.o alcohol service" _ etter. LA9 9A4R001 Nctice of Violalion antl Counc� Heanng fmm AO tor two weapons violatlons - CN 0'I-127-938, ___ ___ _ __ 6 Licensee ' CommerHs �ane: 651)222-6011 ' y�1. C�eSS�i��WFt'�an�P�c �.�,��i�f{�si�l�S�ee"� :,i R 03N6R001 03R162002 N $10.�0' 'C 0310g2�01 03rt7672002 N 568.00 - C 03N62001 03A6J2002 N $200.00 J a �- ���6 Adtlre� ��' > � = � 4 ice �� � � � ��� ��''�� Licensee AMES MCMURRAV Qea "�� DBA UAMYMRCS Sale License LiCensee � Va Types i InsuranCe I Bond i Requ"vemeMs, . LiCensee N9me AMES MCMURRAY Et- n^a: } "^�'..:�.-`�'.,:`..�,': OBA IMMV MACS ! SaiesTaxid G � es'.::"3 � Non-Profk (� MVOrker's Comp. ONOrt]p00 �„"£�P„,_��,L,,,�__„ � AA Corrtrect Rec'd Oi00lJ000 `{yp Treining Rec'd IDOro000 i AA Fee Cotlected: ONON000 Discwmt ReCd r' a OIHer A enc Licenses Fmenaal Hold Reasons 3 # ,:.;:Lice�9�''.P�`�aiGY�' a4r��2��lse'�"`r, :... % ac � -� ° � : ��_, s t.�.. . �'��. - � �„ �.e�� .'. _"a;�` d CoMectsforthisLicensee t ; k{C0_ 0000[ � O[her 12p8T100000A0lOOOiMCMURRAY 4. �e.: '... �::2 . 4 r,�g�F� u� , Background Check Reqwretl � cense # 00005968 5�� .._ _,".•�" - a° `�`�� . "�'' ° �'� : " + ?�I G MaOTo Cordad SOLE PROPRIEtfi.+`1) 222-6071 (651 I(' �icense Address JAMES SOLEPROPRIE(651)222-6011(651�----__-_. � Mail Inroice To: — �' Mail To CoMact r license Adtlress ��e,.�i,.*,s�s�. �`�..a � , . .- _ _ � -��- —_'____" a�_�``� �� S== � Y'^v- �� .Q;�� Licensee ESMCMURRAY '�:'i �_ .,-� _ .5�; D&4 IMMYMACS 4BP - Sale, Lirense � Licensee � Lic. Types Nsurance I BarW � Requcemerits � i i , License Type: iquor On Sele- SuMay ' Insurence 7ype: Liquor Liabyty �nswance j Pofry#: A9001740 . Comparry. WTED NATIONAL INS CO Adtlress: � Phone #. �— � toft � Eifechve: }77tt132��1 �abBdyLimhs InsuranceRec'd f13f1001 � j Expirehon. 7N3f2002 Ot10MlOOft 0 Days To Cencei: 30 CoMinuaus r Canceled' ���� Chylnsuretl (� CencelRec'tl: � gp7R001 .y„ ___ "_`_"_"_"'_ ""_'"'—"'_'__"`" _"—_"__'"__'__—_'""'"_"' "'"_"""'"_"""_: ...✓ --- _ AgenCY. BCINSURANCEMK ��� Atldress: 0 E LITTLE CANADA RD, LRTLE CANADA, MN 55177 � Phone #: � CoMacF. pg� SCHNFAOFR " R. �pu: �� ..ni � � � "> .License# OOOQi966 �.G< 3 of 6 S�si,p ' 756 756 756 OFF[CE OF LICENSE, NSPECTIO�iS AND Eh'�/IROY�[E�iTAL PROTECT[OV Rager Cur[is. D'vettor � O `�„ `` `� CITY OF SAINT PAUL Norm Coleman, hfayar September 12, 2001 James McMurray Jimmy Mac's 756 Jackson Street Saint Paul, MN 55117 Dear Mr. McMurray: L04YRYPROFESSfOVALBUILD/.VG Telepkone: 6�7-266-9090 3i0St.PeterStree;Suite300 Facsimile: 6i1-?66-9l11 Saint Paul, hfinneso�a SS/0?-!i!0 «eb: wvneCLstpcuLmn.us/liep It has come to our attention that the liquor liability insurance you are required to have and keep in force while holdin� an On Sale Liquor license in Saint Paul was cancelled effective September 7, 2001 at 12:01 a.m and the Office of License, Inspections and Environmental Protection has not received proof of replacement covera�e which is required by Chapter 409 of the Saint Paul Legislative Code. Please be advised that there should be no service of alcohol at 7�6 7ackson Avenue until this office receives a replacement liquor liability certificate. IFyou have any questions, I am available at 266-9110 durin� regular business hours. Your replacement certificate or reinstatement can be faxed to 651 266-9124, attention Kris. Sincerely, i C���-�� � Kris Schweinler Senior License Inspector Enclosure �C�Cl�C� SEP 2 � 2Qn� �iT� ATTOi�f�E�° ,� .. . OFFICT � THE CITY ATTORNEY 0\-���5� Clnyton M...�bittson, Jr., CiryAnorney CITY OF SAINT PAUL c,�,lo,,.u;o„ Narm Colemarz, May�or 400 City Ha!/ 1 i West Ke!logg Blvd. Saint Pn+d, btinnuota 5510? i September 4, 2001 NOTICE OF VIOLATION AND COUNCIL HEARING James McMunay 7immy Mac's 756 Jackson Street Saint Paul, MN 55117 3g 0. Telephane: 651166-8710 Facsintile: 65! 198-56I9 Re: Licenses held by James McMurray d/b/a 7immy Mac's for the premises at 756 Jackson Street, in Saint Paul Aear Mr. McMurray: The Office of License, Inspections and Environmental Protection has received a copy of Saint Paul Police Report CN # 01-127-938, which indicates that there was a person in your establishment on June 25, 2001, who had a pistol. A second report was received, CN # O1-128- 718, which indicates that a woman in your establishment on June 26, 2001, pulled a razor and threatened a customer with it. Please be advised that pursuant to Saint Paul Legislative Code §409.06(0), rivo or more reports within a twelve month period of the unlawful use or handling of firearms, assault weapons, or knives on the premises of a licensed on-sale establishment requires a hearing before the Saint Paul City Council to determine whether adverse action should be taken against your licenses. A hearing has been scheduled for Wednesday, October 24, 2001 at 5:30 p.m. in the City Council Chambers, Third k'loor, Saint Paul City Hall and Ramsey County Courthouse. If you have any questions about this Notice, please feel free to contact me. Sincerely, ���=�cctJ� � � Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Kathy Cole, Executive Director, DisYrict 6 Planning Council, 1061 Rice St., St. Paul, MN 5 5 1 1 7-4920 � o�-���v STATE OF MINNESOTA COUNTY OF RAMSEY FX� AEFIDAVIT OE' SERVICE SY MAIL JOANNE G_ CLEMENTS, being first duly sworn, deposes and says that on September 5, 2001, she served the attached NOTSCE OE VIOLATION AND COUNCIL HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: James McMurray Jimmy Mac's 756 Jackson Street St. Paul, NAV. 55117 (which is the last known same, with postage prepaid Minnesota. address of said person) depositing the , in the United States mails at St. Pau1, Subscribed and sworn to before me this 5th of �tember, 2001. Notary _ � ..��, �...�- .���...._�.: � PETcR P. ;% � • NOTfiRY PUBLIC - 7�i�:4-5pTA '� j,,,' ifiY CORR�e?iSS10.'a' � . �x��aes,�nrs.s�,z�s �- �:��-�•.,-----x:,-=, Council File # � \__� �\\(� �:: '� 1 " t� � ..� ; � � `..� � '�� ��' Presented By Refened To Committee: Date 1 WHEREAS, the Office of License, Inspections and Environmental Protection iniriated 2 adverse acfion against the ficenses held by James McMurray d/b/a Jimmy Mac's, including 3 Liquor On-Sale and Sunday On-Sale Liquor licenses, for the premises at 756 Jackson Street, in 4 Saint Paul (License ID#: 20000005968) based upon a lapse in liquor liability insurance; and 6 WHEREAS, the Notice of Violation advised the licensee that LIEP had been informed 7 that the insurance was canceled as of September 7, 2001 and that no information had been 8 received about replacement insurance; and 10 WHEREAS, the Saint Paul City Council, under Council File #CF-01-759 imposed a 11 three-day suspension of licenses on the licenseholder for a prior liquor liability insurance lapse, 12 making this a second violation, foz which the presumptive penalty recommended in Saint Paul 13 Legislative Code §409.26 is revocation of the licenses; now therefore, be it 14 15 RESOLVED, that the licenses held by James McMurray d/b/a Jimmy Mac's, including 16 Liquor On-Sale and Sunday On-Sale Liquor licenses, for the premises at 756 Jackson Street, in 17 Saint Paul (License ID#: 20000005968) are hereby revoked for a second violation of lapse in 18 liquor liability insurance within the last year. 19 ia Requested by Department of: Adoption Certified by Council Secretary BY' � �� � . Approved by Mayor: Date RESOLUTION OF SAINT PAUL, MINNESOTA / By: By: 14h-1.�'�' �} i���-41�� Form Approv d by City Attorney sy: � � Approved by Mayor for Submission to Council ay: Green Sheet # O� 4 � Adopted by Council: Date 1 Vav _�\ aQ0 � -T OFFICE OF LISP Date: GREEN SHEET Roger Curtis, Director october 12, 2ooi 266-9013 N0 .103844 a�'��t 1 EPARISffi!Tf DIRECfOR 3 ITY C09NCIL ,� '� ITY ATTORNSY ITY CLHRR � ust be on Council Agenda by: � DIRECTOR �. � eacx. svc. n�x. � etober 24 2001 � OR (OR ASSISTANT) OTAL # OF SIGNATQRE PAGSS 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That the licenses held by James McMurray d/b/a Jimmy Mac's, including Liquor On-Sale and Sunday On-Sale Liquor licenses, for the premises at 756 Jackson Street, in Saint Paul (License ID#=20000005968) be revoked. COtB�ENDATIONS: APPROVE (A) OR RfiJECT (R) ERSOHIJ. SSRVICS CONTRAClS MOST ANSNSA THS POLLOWIHG: PLFiNNING COMMZSSION CIVIL SHRVZCS COM14fISSION l. Has the person/fizm ever worked under a contract for this department? CIB COMMZTTH% _ BIISINESS RSVIE4➢ COUNCIL YES NO STAFP _ Has this per5on/Eirm ever been a City employee? DISIRICT COOAT _ yHS NO Does this person{firm possess a skill not normally possessed by any UPPORTS WHZCH COONCIL OSJECTIVB? Cussent City employee? YES NO - laia all Y8S aaswera oa a aeparate sheet aud attaeh. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): This is the second violation of lapse in liquor liability insurance within the last ear. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: On-sale liquor establishments will no longer carry liquor liability insurance. TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) {;'�€13�� �.'Sd�?�ii �c�s�Et ��,� �. 6a /.Yf�i K CITY OF SAINT PAUL Nolm Coleman, Mayor October 9, 2001 OFFICE OF THE CITY ATTORNEY Clnytors M. Robinson, Jc, Ciry Attorney �, � �`1y Civil Division 400 Ciry Hn/1 Telephone: 651266-8710 ISWestKelfoggBlvA. Facsimile:65l298-56l9 Sain[ P¢ul, hlirsnesota 55l01 N�TICE OF COiJ1VCIL HEARING James McMunay Jiznmy Mac's 755 Jackson Street Saint Paul, Minnesota 55117 Re: Licenses held by James McMurray d/b/a Jimmy Mac's for the premises at 756 Jackson Street, in Saint Paul License ID #: 20000005968 Deaz Mr. McMurray: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, October 24, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the lapse in your liquor liability insurance have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the lacense office will be for the revocation of all of your licenses. If you have any questions, please call me at 266-8710. Very truly yours, ,/�� ��� /� /1 t��f� "`C'ti`°�l Virgmia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN 55117-4920 Q�-���5. UNCONTESTED LICENSE HEARING Licensee Name: Address: Council Hearing Date Violation: Place: Presumptive Penalty: James McMurry dlb/a Jimmy Mac's 756 Jackson Street October 24, 2001 Lapse in Liquor Liability Insurance (2" violation) Licensed Premises Revocation of all licenses (2" violation) Recommendation of Assistant City Attorney on behatf of client, Office of License, Inspections and Environmental Protection: Revocation of All Licenses (2" violation) Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. 9/12/01 letter from Kris Schweinler to James McMurray CITY OF SAINT PAUL Norm Coleninn, Mn}'or September 24, 2001 James McMunay Jimmy Mac's 756 Jackson Street Saint Paul, Minnesota 55117 OFFICE ' THE CITY ATTORNEY Clrsyeon M. �inson, Jr., Ciry Attorney O` _, `�� CivilDirisiors 400 Ciry� Ha11 Telephone: 651 266-87I0 I S if'es� Kellogg Bh�d. Fncsimile: 65! 193-5619 Snint Pard, hfinnuora 55/01 NOTICE OF VIOLATION Re: Licenses held by 7ames McMusay dlbfa Jimmy Mac's for the premises at 756 Jackson Street, in Saint Paul License ID #: 20000005968 Dear Mr. McMunay: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the licenses held by you, d/b/a Jimmy Mac's for the premises located at 756 Jackson Street. The basis for the recommendation is as follows: On August 27, 2001 the Office of LIEP received notice of canceliation of your liquor liability policy effective September 7, 2001 at 12:01 a.m.. You �vere notified by a hand-delivered letter on September 12, 2001 that you needed to provide proof of current insurance coverage to the Office of LIEP. As of September 19, 2001, no information has been received from you regarding current liquor liability insurance. This is a second violation for failure to maintain liquar liability insurance within the last four months, and according to the penalty matrix contained in Saint Paul Legislative Code §409.26, the presumptive penalty for a second appearance in front of the City Council on this violation is revocation of the license. Accordingly, that will be the recommendation of the Office of LIEP. If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. Page 2 James McMurray September 24, 2001 Q 1 �\��(r On the other hand, if you wish to dispute the above facts, I wili schedule an evidentiary hearing before an Administrative Law Jud�e (ALJ). If you wish to have such a hearing, please send me a letter statin� that you are contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing cvill be. In either case, please let me knofv in �vriting no later than Friday, October 5, 2001, 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 scheduied for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, � �� '� ��/ �� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN SS117-4920 O � - �\�.� STATE OF MINNESOTA ) ) ss. COi3NTY OF RAMSEY ) AF'FIDAVIT OF SERVICE BY MAIL JOANNE G. CLENiENTS, being first duly sworn, deposes and says that on September 24, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: James McMurray Jimmy Mac' s 756 Jackson Street St. Paul, MN. 55117 (which is the last known address of same, with postage prepaid, in the U Minnesota. Subscribed and sworn to before me this 24th of�eptem�r,�-z'`QO1. �� / l"v""'' �, `�""ar"; ,° .cTEr? i� i=:�.:a:jB:i�i1 Notary Publi �r.?�;��;"� �'� a . k �^�iaa.t:cs;ot�i .i�,-F�,x,m.n._..._. ..,.. ...�5J�4=�d. �'i,?tk, said person) depositing the �icenSe Group Comments Teut Lfcensee: �pMES MCMURRAY DBA: JIMMY MACS License #: 20000005968 09/'19/2001 ai-����, 09/192001 Ins stiU not received. To CAO for revocation. CAR 09/�4l2001 Kris hand delivered suspension letter for delinquent state taxes. LAB � 09/12/2001 Kris hand delivered "no alcohol service" letter. LAB 09/12/2001 Adopted Resoiution - 01-963 - conceming adverse action against the liquor on Sale and Sunday On-sate liquor fic. caa 09/04/2001 Notice of Violation and Council Hearing from CAO for two weapons violations - CN 07-127-938, 06/25/2001, gun, CNOt-128-718, 06/26/200�, razor. Hearing scheduled for'10/24/2001. CAR 08/272001 Received notice of cancellation for liquor liability policy #GA900�740 eff. 9f7/0� at 12:01 a.m. LAB 08/30/2007 Sent fine Ietter ($200 due 9l21/01). lA6 08/28/2001 To CAO for adverse action. CAR 08/27/2001 Received letter from Dept of Revenue ordering license revoration by 09/24l2001. Order was sent by Sharon Fritchie at 651-297-4055. CAR 08/22/2001 CFO7-860, Iicensee is hereby ordered to pay a fine of $200 for the violation of the sale of tobacco or tobacco products to a minor. caa OS/�4/2007 Weapons violation to CAO for waming based on O6/25/2001 incident with a gun inside of the bar. CAR 08/1372001 Ins notice of reinstatement received (with no lapse in coverage). Reinstated effedive Sept 3, 2001 at 12:01 am. caa OS703/2001 Dram shop insurance cancellation received eBective 12:OtA.M. on 09/03/2001. CAR 08/02/2001 Sent suspension letter for failure to maintain liquor Iiabiiity insurence. Suspension for 3 days beginning t2:0� a.m. on 07/25/2001 through � 7:59p.m. on 0727/2001. Council was aware that the suspension was already served before the Ietter went out. Bar was already closed for three days for a broken water pipe and council chose not have the licensee close any additional days for ihe dram shop violation. CAR OS/O7/2007 Notice of Council Meeting from CAO. Scheduled for consent on 08/22/2001 for sate of tobacco products to a minor.JL 07/25/2001 CF-01-759 approved to suspend all licenses for three days for failure to maintain dram shop insurance. CAR 06721l2041 Notice ot V�olation from CAO for liquor Iiability insurance cancellation . Given to O6i29J2007 to respond.JL �� 07/77/2001 Notice of violation from CAO for sale of tobacco products to a minor. Given to 07/27/2001 to respond. JL 07/17/200t to CAO for adverse adion on compliance failure. CAR �7/11/2��t Received complai�t that licensee is buying retail to sell retail. Complaint has been forvvarded to State Liquor CoMrol. CAR 07/O6/2001 Failed tobacco compliance check. Clerk was James Bre@ McMurray, 594 Como 55103. First failure, $200 matrix penalty. CAR 07/06/2001 To CAO for adverse action for lapse in insurance. CAR 07/03/2007 Ins reinstated with lapse from June 14. CAR O6/28/2001 Rich Jents wrote a report indicating that the establishment is open and operating.CAR 06/25/2001 CNOi-127938 received indicating a weapons violation in bar (gun). CAR 06/20/2001 Kris carried letter from CA advising owner that a lapse in dram shop is a serious violation. CAR 06/192001 Kris Schweinier has confirmed that Jimmy Mads is open and serving alcohol. CAR O6/19l2001 To CAO for adverse action. CAR 06/15/2001 Hand carried tetter to Jimmy Mac's indicating that they should discontinue alcohol service because of cancellation of liquor liability CAR 06/05/2001 Received cancellation of Liquor Liability insurance effective 6/14/2001 at 12:01 a.m. LAB 04/10/2001 Sent congratulations letter for passing alcohol compliance check. SS 03/23/2001 Passed DPS alcohol compliance check conducted by SPPD. SS 03I3012001 No longer sells tobacco P.F. 02/14/2001 Adopted resolution 01-144 waiving the 45-day notice requirement for issuance of an onsale liquor and Sunday liquor license. caNCaa 02/08l2001 scheduled forCity Council 2/14/Ot. caa Ott25(2001 Received letter from District 6 waiving the 45 day waiting period. To CAO for a waiver resolution. Hopefully, this can be on the 02/07/2001 council agenda. CAR Ot/23/2007 Notification response date 03/09/2001, notices mailed Ot/23/2001; 56M & 38EM.JL 12l27l2000 Management agreement, purchase agreement, affidavit received. KSlcaa 12/27/2000 History: current licensee, Beaver Lounge. ALJ recommends license suspension for 45-days and 51,000 fine and cost of ALJ Hearing 45-day suspension waived if new applicant submits requested documents (affidavit non-relation, management and purchase agreement). Final action has been laid overto t!3/Ot KSlcaa a�_ ���.� � Adtlress V�see �CoMad' License 1 Cerdholder ( � Licensee Neme. � � DBR MAC � sales Tax 12 r 00000.59� 0 JAMES MCMUftR1,dMMY MAC'S ' '__' , RestaurerH t083S JAMESMCMURRAJIMMVMACS ,qlarmPem �-^�- , a a � . ���*� �'-� _ �'.'�''"+� � ��� �..... ... � �N�� ti±� No longer se�s to6acco proiO3N6R007 03i06f2002 756 .. _'_' _"'_ .. _ _ .. ... LicensePruited 03N6ROP7 03N62002756 �e LicensePriMetl 03N6R007 03i06rz002756 ae - L'icensePriMetl 93ip62�01 03N6f2002756 ve LicensePreitetl �03N62007 Q3N6R002756 �o-i 61-\��4 Adtl(f � 1 x�` � � § Lice % 7 zY °= �YmC �r'45`� ��% { � Salej ��cense � Lkereee ! ; G Propesty Y` License� � � Street #: 56 � ; Slreet Name. ACKSON I Streel7ype: �ST ? � una i�a �'— : Cdy: T PAUL � SYate: �IN — Ward. � � � D'ist Counctl: �6 � 4censee' AMES MG9UF DBA IMMV MACS � ' :a`-s� Sales Tax Itl: ENDING Lia Types C llnotficiai Directiorc Bus mrt (NewJ Locffii0n (Class A) i Sale - SLnday : DBA �11MMY MACS hsurance � Bontl � Requrcemerr[s � PrajeMFaNRffio(:0.SUNCiOPJ,CORW4dE <; Adverse Actian CommeMz Iry. 55717 9n 2R001 Hris hand delivered "r.o alcohol service" _ etter. LA9 9A4R001 Nctice of Violalion antl Counc� Heanng fmm AO tor two weapons violatlons - CN 0'I-127-938, ___ ___ _ __ 6 Licensee ' CommerHs �ane: 651)222-6011 ' y�1. C�eSS�i��WFt'�an�P�c �.�,��i�f{�si�l�S�ee"� :,i R 03N6R001 03R162002 N $10.�0' 'C 0310g2�01 03rt7672002 N 568.00 - C 03N62001 03A6J2002 N $200.00 J a �- ���6 Adtlre� ��' > � = � 4 ice �� � � � ��� ��''�� Licensee AMES MCMURRAV Qea "�� DBA UAMYMRCS Sale License LiCensee � Va Types i InsuranCe I Bond i Requ"vemeMs, . LiCensee N9me AMES MCMURRAY Et- n^a: } "^�'..:�.-`�'.,:`..�,': OBA IMMV MACS ! SaiesTaxid G � es'.::"3 � Non-Profk (� MVOrker's Comp. ONOrt]p00 �„"£�P„,_��,L,,,�__„ � AA Corrtrect Rec'd Oi00lJ000 `{yp Treining Rec'd IDOro000 i AA Fee Cotlected: ONON000 Discwmt ReCd r' a OIHer A enc Licenses Fmenaal Hold Reasons 3 # ,:.;:Lice�9�''.P�`�aiGY�' a4r��2��lse'�"`r, :... % ac � -� ° � : ��_, s t.�.. . �'��. - � �„ �.e�� .'. _"a;�` d CoMectsforthisLicensee t ; k{C0_ 0000[ � O[her 12p8T100000A0lOOOiMCMURRAY 4. �e.: '... �::2 . 4 r,�g�F� u� , Background Check Reqwretl � cense # 00005968 5�� .._ _,".•�" - a° `�`�� . "�'' ° �'� : " + ?�I G MaOTo Cordad SOLE PROPRIEtfi.+`1) 222-6071 (651 I(' �icense Address JAMES SOLEPROPRIE(651)222-6011(651�----__-_. � Mail Inroice To: — �' Mail To CoMact r license Adtlress ��e,.�i,.*,s�s�. �`�..a � , . .- _ _ � -��- —_'____" a�_�``� �� S== � Y'^v- �� .Q;�� Licensee ESMCMURRAY '�:'i �_ .,-� _ .5�; D&4 IMMYMACS 4BP - Sale, Lirense � Licensee � Lic. Types Nsurance I BarW � Requcemerits � i i , License Type: iquor On Sele- SuMay ' Insurence 7ype: Liquor Liabyty �nswance j Pofry#: A9001740 . Comparry. WTED NATIONAL INS CO Adtlress: � Phone #. �— � toft � Eifechve: }77tt132��1 �abBdyLimhs InsuranceRec'd f13f1001 � j Expirehon. 7N3f2002 Ot10MlOOft 0 Days To Cencei: 30 CoMinuaus r Canceled' ���� Chylnsuretl (� CencelRec'tl: � gp7R001 .y„ ___ "_`_"_"_"'_ ""_'"'—"'_'__"`" _"—_"__'"__'__—_'""'"_"' "'"_"""'"_"""_: ...✓ --- _ AgenCY. BCINSURANCEMK ��� Atldress: 0 E LITTLE CANADA RD, LRTLE CANADA, MN 55177 � Phone #: � CoMacF. pg� SCHNFAOFR " R. �pu: �� ..ni � � � "> .License# OOOQi966 �.G< 3 of 6 S�si,p ' 756 756 756 OFF[CE OF LICENSE, NSPECTIO�iS AND Eh'�/IROY�[E�iTAL PROTECT[OV Rager Cur[is. D'vettor � O `�„ `` `� CITY OF SAINT PAUL Norm Coleman, hfayar September 12, 2001 James McMurray Jimmy Mac's 756 Jackson Street Saint Paul, MN 55117 Dear Mr. McMurray: L04YRYPROFESSfOVALBUILD/.VG Telepkone: 6�7-266-9090 3i0St.PeterStree;Suite300 Facsimile: 6i1-?66-9l11 Saint Paul, hfinneso�a SS/0?-!i!0 «eb: wvneCLstpcuLmn.us/liep It has come to our attention that the liquor liability insurance you are required to have and keep in force while holdin� an On Sale Liquor license in Saint Paul was cancelled effective September 7, 2001 at 12:01 a.m and the Office of License, Inspections and Environmental Protection has not received proof of replacement covera�e which is required by Chapter 409 of the Saint Paul Legislative Code. Please be advised that there should be no service of alcohol at 7�6 7ackson Avenue until this office receives a replacement liquor liability certificate. IFyou have any questions, I am available at 266-9110 durin� regular business hours. Your replacement certificate or reinstatement can be faxed to 651 266-9124, attention Kris. Sincerely, i C���-�� � Kris Schweinler Senior License Inspector Enclosure �C�Cl�C� SEP 2 � 2Qn� �iT� ATTOi�f�E�° ,� .. . OFFICT � THE CITY ATTORNEY 0\-���5� Clnyton M...�bittson, Jr., CiryAnorney CITY OF SAINT PAUL c,�,lo,,.u;o„ Narm Colemarz, May�or 400 City Ha!/ 1 i West Ke!logg Blvd. Saint Pn+d, btinnuota 5510? i September 4, 2001 NOTICE OF VIOLATION AND COUNCIL HEARING James McMunay 7immy Mac's 756 Jackson Street Saint Paul, MN 55117 3g 0. Telephane: 651166-8710 Facsintile: 65! 198-56I9 Re: Licenses held by James McMurray d/b/a 7immy Mac's for the premises at 756 Jackson Street, in Saint Paul Aear Mr. McMurray: The Office of License, Inspections and Environmental Protection has received a copy of Saint Paul Police Report CN # 01-127-938, which indicates that there was a person in your establishment on June 25, 2001, who had a pistol. A second report was received, CN # O1-128- 718, which indicates that a woman in your establishment on June 26, 2001, pulled a razor and threatened a customer with it. Please be advised that pursuant to Saint Paul Legislative Code §409.06(0), rivo or more reports within a twelve month period of the unlawful use or handling of firearms, assault weapons, or knives on the premises of a licensed on-sale establishment requires a hearing before the Saint Paul City Council to determine whether adverse action should be taken against your licenses. A hearing has been scheduled for Wednesday, October 24, 2001 at 5:30 p.m. in the City Council Chambers, Third k'loor, Saint Paul City Hall and Ramsey County Courthouse. If you have any questions about this Notice, please feel free to contact me. Sincerely, ���=�cctJ� � � Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Kathy Cole, Executive Director, DisYrict 6 Planning Council, 1061 Rice St., St. Paul, MN 5 5 1 1 7-4920 � o�-���v STATE OF MINNESOTA COUNTY OF RAMSEY FX� AEFIDAVIT OE' SERVICE SY MAIL JOANNE G_ CLEMENTS, being first duly sworn, deposes and says that on September 5, 2001, she served the attached NOTSCE OE VIOLATION AND COUNCIL HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: James McMurray Jimmy Mac's 756 Jackson Street St. Paul, NAV. 55117 (which is the last known same, with postage prepaid Minnesota. address of said person) depositing the , in the United States mails at St. Pau1, Subscribed and sworn to before me this 5th of �tember, 2001. Notary _ � ..��, �...�- .���...._�.: � PETcR P. ;% � • NOTfiRY PUBLIC - 7�i�:4-5pTA '� j,,,' ifiY CORR�e?iSS10.'a' � . �x��aes,�nrs.s�,z�s �- �:��-�•.,-----x:,-=,