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01-1210Council File # o t- t a.�� Green Sheet # t t'j t� �'6 Presented RESOLUTION CI'fY OF SAINT PAUL, MINNESOTA Referred To Committee Date 1 RESOLVED, that the licenses held by Dinner Club 2000, Inc., dlbta Dinner Club 2Q00 (License ID #: 2 14990005357) be suspended for a period of 18 days for failure to comply with the license condition requiring that 3 all individuals entering the licensed premises be properly identified to determine their age and that individuals over 4 the age of 21 be given a wristband which permits them to be served alcohol. FI3RTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated August 30, 2001 aze adopted as the written findings and conclusion of the Council in this matter. 7 This Resolution is based an the record of the proceedings before the ALJ, including the hearing on 8 September 11, 2001, the documents and e�ibits introduced therein, the findings of fact and conclusions of law of 9 the AI,J as referenced above and the arguments and statements of the parties at the public hear9ng on October 24, 10 2001 and the deliberafions of the Counci] in open session at that hearing. The Council finds that this is a serious 11 violation, in that the Licensee's employees knowingly permitted underage persons to drink. There are aggrauating 12 factors to the offense, specifically that the patrons offered ID showing them to be underage but were given bracelets 13 which idenfified them as of age to drink. Both of the underage persons did drink, one to the point of intoxication, 14 and he then got into a fight with security, was taken to the hospital and eventually transported to detox. Further, 15 there is a pattern of repeated violations at this establishment - this is the fourth violation in a period of just over a 16 year and two of those violations have been violations of the conditions placed on the license shortly after its 17 issuance. Finally, efforts to work with management by the Office of LIEP and the Saint Paul Police Department 18 do not appear to be effective. i 2 The eighteen day closure in this matter shall begin at 12:01 a.m. on Wednesday, O\—�� 3 November 28, 2001 and continue in effect unfil ll:59 p.m. on Saturday, December 15, 2001. 4 5 A copy of tlus Resolution, as adopted, shall be sent by first class mail to the 6 Administrative Law 7udge and to the Licensee's attomey, Robert Fowler. 7 Requested by Department of: By: Horm Appzwed by City At B -�/�..��J ��-s.� � Approved by Mayor for Submission to Council By: � .i, � �•\ 4- — gy: C ' �/ /4 Zm/ Approved by Mayor: Date By: i Adopted by Council: Date � .� 1cp� Adoption Certified by Council Secretary OFFICE OF THE CITY ATTORNEY Clay�ton M. Xobinson, Jr., CityAttorney 35_ CITY OF SAINT PAUL c,v;rD;,.,s,aR Norm Co(eman, Maynr 400 Ciry Hn7l IS Wes! Keltogg Blvd, Saint Pau{ Mixnesotn 55102 i September 25, 2001 NOTTCE OF COUNCIL HEARING Robert J. Fowler Kelly & Fawcett, P.A. Attorneys at Law 2350 Piper Jaffray Plaza 444 Cedar Street 5aint Paul, Minnesota SS 1 Q 1 ot_�a,to Telephone: 651266-8�10 Facsimile: 651298-5619 RE: On-Sale Liquor License held by Dinner Club 2000. Inc., dfb/a Dinner Club 2000 for the premises at 1177 Ciazence Street in Saint Paul License ID #: 990005357 Dear Mr. Fowler: Please take notice that a hearing on the report of the Administrative Law Judge concemin� the above-mentioned license 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, 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 argtunent to the council at the Hearing. 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 Jud�e and on the arguments made and exceptions filed, but may depart from the recommendations of such 7udge as permitted by law in the exercise of its judgement and discretion. Sincerely, ' f �� U�-wt� `"�-��.-t Virginia D. Palmer Assistant City Aitorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 01•ILIa STATE OF MINNESOTA O�'FICE OR ADMINISTRATIVE HEARTNGS 100 Washington Square, Suite 17p0 1 DO Washington Avenue South Minneapol'�s, Minnesota 554�1-2138 ��c��v� Sepfember 2Q 2Q01 Fred Owusu, City Gerk City of St. Paui 170 City Hall 15 West Kellogg Blvd. St. Pauf, MN 55102 s�� z � zo� b�� CLERK �,-7�r �/yA��f�C.yi,�.+v� 4 �� .. t y ew ,s �Q`�� lt,�� c w � ' ya s'= �,�a RE: In all Licenses Held by Dinner Club 2000, Inc. for the Premises at 1177 Clarence Street; OAH Docket No,. -- 1-6020-14432-6 - Dear Mr. Owusu: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Gonciusions of Law and Recommendation in the above-entitled matter. Aiso enclosed is the o�cial record, with the exception of the tape recordings of the hearing, which will be sent to you under separate cover. Our fife in this matter is now being cfosed. Sinc�r, y, t/ /�!� ,� '� � � �-�--�e GEORGE A. BECK Administrative Law Judge Telephone: 612/341-7601 GAS:aws cc: Virginia D. Palmer, Asst. City Attomey Robert J. Fowler, Esq. Providing Impariial Hearings for Govemment and Citizens An Equai Opportunity Employer Worker's Compensation Section (612) 341-7635 � TDD No. (612) 341-7346 � Fax No. (6'12) 349-2691 ... -_. o►- t�t,to 1-6020-14432-6 STATE OF M1NNE50TA OFFICE OF ADMINISTRATIVE NEARINGS FOR TNE SAiNT PAUL CITY COUNCIL ln re all Licenses Held by Dinner Club FINDiNGS OF FACT, 2000, Inc, for the Premises at 1177 CONCLUSiONS OF LAW, Clarence Street AiVD RECOMMENDATION A hearing in this matterwas conducted on Tuesday, September 11, 2001, at 9:30 a.m. at St. Paui City Hail by Administrative Law Judge George A. Beck, senring as a hearing exam+ner for the St. Paul City Council. • Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Bivd., St. Paul, MN 55102, represented the St. Paul Office ofi L.icense, Inspecfions and Environmental Protection (LIEP). The Licensee, Dinner Club 2000, was represented by f2obert J. Fowler, Esq. of the firm of Kelly and Fawcett, P.A., 2350 U.S. Bancorp, Piper Jaffray Plaza, 444 Cedar Street, St. Paul, MN 55101. The record ciosed on September 1$, 2001, upon receipt of the finai written submission. NOTICE This Report is a recommendation, not a finai decision. The City Council of the City of St. Paul will make the finai decision after a review of the record and may adopt, rejecf or modify these Findings of Fact, Conclusions, and Recommendation. Under Section 310.05(e)('1) of the City's Legislative Code, the City Cauncil will provide the Licensee an opportunity to present oral or written arguments to the City Councii before it takes final action, Parties should contact the City Council to determine the procedure for filing argument or appearing before the City Council. STATEMENT OF ISSUE The issue in this proceeding is whether or not the City of St. Paul should take adverse action against the licenses held by Dinner Club 2000, inc. Based upon alf of the proceedings in this matter, the Administrative Law Judge makes the foflowing: o� - i z�o FINDINGS OF FACT 1. Dinner Ciub 2000, inc. was fi�st issued ficenses for on-sale liquor, liquor- oufdoor service, and enfertainment for the premises at 1177 Ciarence Street on November 4, 1999'. Dinner Club 2000 is located on the east side of St. Paul and is co- owned by Ge Vang and Pao Hang. Its ciientele is approximately 90% Hmong and it is described by its owners as the only Hmong club in the Twin Gifies. 2. On the eve�ing of March 23, 2001, ,lessica Oldenburg arrived at the Dinner Club 2000 at approximately 10:00 p.m. with severaf girlfriends. When she arrived there were approximate{y 15 to 20 people waiting to enter fhe club. Security personnel were checking ID's. Ms. Oldenburg had visited the club nearly every weekend since October of 20Q0. 3. The policy at the club was that patrons with ID's showing them to be over 21 years of age received a wristband which al(owed them to purchase drinks. Minors were admifted without a wristband and had their hand stamped. 4. While Ms. Oldenburg was standing in line she was summoned to the front of the, line by a security o�cer who recognized her. She presented the security officer with her Wiscons+n driver's license which showed her date of birth to be June 19, 19$O Ms. Oidenburg was 20 years old on March 23, 2001. After examining her ID, a securifij o�cer gave her a wristband, told her fo have a nice night and winked at her. 5. Ms. Oldenburg proceeded to dance at the club and had approximately three drinks. She stayed until the last dance when the ciub closed, 6. Blong Vang arrived at the Dinner Club 2000 a# approximate{y 10:30 p.m. on the evening of March 23, 2001. He arrived there with approximately 20 friends. He intended to iook for his sister who had run away from home. 7. After standing in iine for approximately five m+nutes he presented his driver's license to the security personnel. The license showed him to be born on April 10, 1980 and he was, therefore, 20 years of age on that evening. Nonetheless, the security officer gave him a wristband and told him to �`have fun tonighY'. Mr. Vang had a large number of drinks at the ciub that evening and became intoxicated. 8. Mr. Vang d+d find his sister at the club and as they were leaving that evening he began yelfing at her. When security personnel intervened Mr. Vang resisted and was subdued and handcufFed by the security personnel. He was punched and maced. 9. The police were not called. Ms. Oldenburg and another person carried Blong Va�g to a car and transported him to Regions Hospitai. At the hospitaf Blong ' Ex. 1 2 Ex. 7. o� - ► Z�� Vang was treated for lacerations and abrasions and needed a few stitches under his nose. 10. Police officer Jennifier L. O'Donneil was called to Regions Hospita! early on March 24, 2001 and interviewed severai witnesses to ihe incident. She filed an incident report dated March 24, 2001 at 1:57 a.m The report was fiorwarded to the homicide division to investigate the assauit and to the vice division because ofi the possibiliiy ofi underage drinking. 11. Eight conditions were placed upon the licenses issued to Dinner Club 2000 in 1999. They included the following: 2. The Licensee shaN insure that aii individuals entering the licensed premises are prope+ty identifed to determine their age, and any individuai over the age ofi 21 shaii be identi�ed by a non-removable wristband which is visibie and signifies that they may be served or consume alcohol. All individuals without proper identifiication shali be denied entrance. 3. During the hours of operatio� until closing, the licensee, wifl provide for staffing and monitoring of all entrances and exits, it being the intent that at afl times indicated, at least one empioyee of the licensee will be physicalfy present at each entrance or exit to monitor patrons entering and exiting the estabfishment 5 12. Since the incident the Licensee has discontinued using the security firm it employed in March of 2001 and has made aiternative arrangements. 13. The Licensee has been subject to prior disciplinary action. In May of 2000 it received a two day suspension for a failure to wand patrons as they entered the club. The City afso found an after hours sale at the dub in January of 2001 and the club failed a compliance check in March of 2001. These two violations were considered by the Cify Councii together On March 28, 2001. The City Council imposed a 30 day ciosure but stayed 25 days and imposed a$1,000 fine, so that the club was only required to cfose for five days. The City was not aware of the March 23, 2001 incident on March 28, 2001.� 14. The penalty matrix for adverse license actions does not specifically address violations of conditions imposed upon licenses. However, for the sale of alcohoi to an underage person, the matrix cails for a fine upon the first appearance before the Council, a fine upon the second appearance, a suspension for up to 18 days on the third appearance, and revocation upon the fourth appearance. 3 Ex. 3. 4 Ex. 3. 5 Ex. 2. 6 Ex. B. ' Ex. 8. 3 DI� 1210 15. The City staff is recommending a 45 day closure of the club due to the March 23 incident, because of continued problems. 16. Prior fo March of 2001 police reports indicating a possible license violation were routinely senf to LIEP. The police department changed its policy at that time based upon data practices concerns, and began sending the reports oniy to the City Attorney's office. The City Aitorney's o�ce did not see the March 24, 2001 police report untii Aprii of 2001, after making a specific request. 17. The Assistanf City Attomey assigned to licensing was on leave from may 7 fo June 18, 2001. On July 17, 2001, the Assistant Gity Aitorney sent the Licensee a notice of violafion conceming the incident on March 23 and 24 of 2001. It advised the Licensee of its right to a hearing. 18. By a letter dated July 25, 2001, the Licensee requested an evidentiary hearing before an Administrative Law Judge, and advised the City that it believes fhat this aileged violation shouid have been consolidated with fhe March 28, 20d1 City Council appearance, so that no additional penalty would be imposed.' 19. A Notice of Hearing dated July 31, 2001 was served on counsei for the Licensee on August 2, 2001 and set the hearing date for Tuesday, September 11, 2�0�, 20. By a letter dated September 4, 2001, counsel for the Licensee requested that the Assistant City Attorney provide ail data information and police reports to be intraduced at the hearing, as weli as a witness list.� 21, Counsel for the Licensee was permitted to interview witnesses for the City prior to the hearing on September 11, 2001. Based upon the foregoing Findings of Fact, the Administra#ive Law Judge makes the following: CONCLUSIONS 1. The St. Paui City Council and the Administrative Law Judge have jurisdiction in this matter under Minnesota law and St. Paul City ordinance. 2. The Ciiy gave the Licensee proper and timely notice of the hearing in this matter. 3. The City has proved by a preponderance of the evidence that the Licensee has failed to compiy with a condition of his licensure that required it to ensure that ali individuals entering its premises are properly identified to determine their age. e Ex. 8. 9 Ex. 4. 10 Ex. 5. " E�c. 6. 72 Ex. A. 73 St. Paui City Legisfative Code Sections 310.05-.06; Minn. Stat. §§ 14.50, 14.55. 0 D� - t2tb 4. Under the St. Faul Legislative Code, failure to comply with the conditions of a license is grounds for adverse action. 5. The Legisfative Code provides that violations occurring after fhe date of the notice of hearing that are brought to the attenfion of fhe Cify Attorney before a City Council appearance may be added to that notice if the licensee admits to the facts, a�d may be treated as a parE of thaf appearance.'� The Code also provides that the occurrence of multiple violations shall be grounds for deparfure from fhe penalty matrix. 6. Licensee's motion to dismiss is denied. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION iT IS RESPECTFULLY RECOMMENDED: That the Cifij Council order that adverse action be taken against the licenses held by Dinner Club 2000, Inc. Dafectthis 20` day of September, 2001. s _"""� GEORGE A. B CK Administrative Law Judge Reported: Taped. No transcript prepared. MEMORANDUM The City has demonstrated by a preponderance of the evidence that {v✓o minors were admitted to Dinner C{ub 2000 and given wristbands indicating that they could purchase drinks on the evening of March 23, 2001. The testimony of the two witnesses was credible. The Licensee's contention that the witnesses were not teiling the truth because they were angry at the Club has no basis in the record. Each indicated that they presented identification showing them to be 20 years of age but were nonetheless ailowed to enter and drink. One of the minors became intoxicated and was involved in a fight with security personnel at Dinner Club 2000 at the end of the evening. The Licensee argues that it was prejudiced in this case by the fact that this March 23, 2001 violation was not considered by the City Council on March 28, 2001 when twa other violations were considered that had occurred earlier. The Licensee made a Motion to Dismiss on these grounds at the peginning of the hearing. The March 28, 2001 City Council action considered violations occurring on January 1, 2001 and 14 Section 310.06(b)(5). ' Section 409.26(c). 01' 12( March 15, 2001. As a result of that appearance the Cityr Council imposed a 30 day ciosure but stayed 25 days so that the Giub was required to close for five days. The Licensee believes that if the March 23, 20�1 violation had been considered by the City Councif in March if would nof be facing a recommendation for a 45 day closure in this proceeding. Generaily, the legisiative code provides that violaiions after the date of a Notice of Violation thaf are brought to the attention of the Gity Attorney before a Ciiy Councii appearance, may be added as a part of that appearance, if fhe Licensee admits to the facts. The evidence indicafes, however, that the March 24, 2001 pofice report was not sent to LIEP and was not sent to the Cify Attorney's offce until April of 2001. Because of this the City Attorney did not have knowiedge of the March 23, 2001 violation on March 28, 2001 and the code provision concerni�g multiple violations would not apply. Even if the March 23 vio�ation had been +ncluded in the prior City Council appearance, the penalfij set by the City Gouncii at that time might well have been more serious since the code provides that the occurrence of multipfe violations is grounds for departure from the penalty matrix. The Licensee afso contends that it was prejudiced because it did not receive notice of an alleged violation until approximately July 17, 2�01, when a Notice of Viofation was sent to the Licensee hy the Assistant City Attorney. The Licensee argues that the recollections of the co-owners of the Club, who testified at the hearing were weaker due to this de{ay.' However, the co-owners were not present at the door when the IDs were checked. The Licensee aiso states that some records were lost at the cfub in April of 2001, but does not indicate in what way they would have aided in a defense in this matter. Finaily, the Licensee states that it has strained relations with the former security firm that it had let go after this incident and was unabie to retrieve records from them. Presumably this wouid have been the case shortly after the incident as weil as in July of 2001. The Licensee has failed to demonstrate that it was prejudiced by the approximately four month delay between the occurrence of the violation and the notice of violation. The penaity matrix does not spec�caliy address violations of conditions imposed on a license. However, a third violation for sale of alcohol to a minor would ca11 for a suspension of up to 18 days. The City has recommended a 45 day closure as a resu{t of this violation. The Licensee believes that race has been a factor in the City's enforcement actions against the Club. it appears that the City does consider the Club to be one of a few "problem" establishments that require greater police attention. The City Council, of course, wili make the final determination on closure. it may consider the penalty matrix and the Licensee's argument as to whether or not this violation shoufd have been included on March 28, 2001 in making that determination. � 16 Exhibit C. � �� STRTE OF MINNESOTA) ) ss COUNTY OF NENNEPIN) AFFfDAViT OF SERVICE BY lf.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 20 day of September, 2001, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law, and Recommendation; Docket No. 1-6020-14432-6 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the i�dividuafs named herein. Fred Owusu, Ciiy Clerk City of St. Paul 170 City Hall 15 West Kellogg B1vd. St. Paui, MN 55102 Robert J. Fowler, Esq. Kelly and Fawcett, P.A. 2350 U.S. Bancorp Piper Jaffray Pfaza 444 Cedar Street St. Paui, MN 55101 Subscribed and sworn to before me this 20�' day of September, C� �J � Notary blic � GYNTHIA A. RINGDAHL ,� NOTARY PUBLIFMINNESOTA My Comm. E�. Jan. 37, 2405 Virginia D. Paimer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. St. Paui, MN 55102 ��.�. �°��N-- Debra S. Aws 2601. � K� & Fawcett P.A. A T T O R N E Y S A T L A W 2350 PIPER 7AFFRAY PLAZA 4A4 CEDAR STREET SA1NT PAL3I„ MN 55101 PAIRICK 7. KELLY SONGLOFAWC£C7 SIA LO CHAD D, LEMMONS P.A7'HLEE."*7 M. LOUCKS ROBERT7. FOW FR Facsimile (651) 223-8019 October 24, 2001 i � Dan Bostrom, City Council President All City Council Members Room �20-B City Hall St. Paul, MN 55102 RE: Dinner Club 2000 Dear Mr. Bostrom and Council Members: �.��,-- �� 6F Coimsel: IOHIv F. HA.�*NJGAN, 7R. MCGUIGAN & AOlLY. P.I..0 (651) 2?43781 E-Mail: kelfawcett(c�qwesrt.net As you may recail, our firm represents Dinner Club 2000, owned by Mr. Pao Hang. Mr. Hang's Dinner Club 2000 is scheduled to be on your agenda for the Councii Meefing for tonight on Wednesday, October 24, 2401, for action based on Underage Sale to a Minor allegediy occurring on hlarch 24, 2001. We are filing these exceptions and do wish to address the council at the hearing tonight. We would respectfully ask to be heazd on this important issue for 15 minutes of the Council's time. Club 2000 does dispute the factual basis of the violation, and in addition would like to shaze its concerns that this charge is not properiy before your consideration, as it occurred before the last time Dinner Club 2000 appeared before the Council on March 28, 2001. We would also like the opportunity to share our thoughts regarding the proposed discipline of Dinner Club 2Q00. At the outset, it is of paramount importance that since the last time Dinner Club 2000 appeared before the Council, NO NEW ALCOHOL VIOLATIONS OR VIOLATIONS QF CONDITIONS OF THE LZCENSE HAVE OCCUR.RED. I. TAE PROPOSED PENALTY IS EXCESSIVE. This al leged violation occurred 4 days prior to the City Councils aciion last rime way back on March 28, 2001. Ainner Chzb 2400 has taken the past discipline very seriously as evidenced by the foilowing: It has discharged its former security contractor, Ta3on Security, which was the canse of the vastmajorityoftheproblems. DinnerClub2001wasexperiencingdifficultycontrollingthe employees of an independent contractor. 2. It has since hired its own securiry staff, directly employed and strictly controlled by the otivners of Dinner Club 2000. � 3. It has provided these security personnel training, including training regarding the conclitions on its license. 4. As a result, NO NEW VIOLATIONS have occurrec3. I woutd note that the LIEP is recommending a 45 day ficense suspension for this very old vioIation. This proposed penalty is again excessive. Section 409.26 of the St. Paul Legislative Code states a presumptive penalry matrilc for intoxicafing liquor vioiations. As discussed in detail below, it is Dinner Club 2000's position that fhis violation should have been handled at tEie last appearance before the City Council and consolidaYed with the other two violations on that date un@er Secrion 409.26 (c). However, even ifit is considered a new appeazance, it would at most be number 3 under the penalty matri�, which recommends a presumptive penatty of up to 18 days revocarion, which is 27 days less than the current recommendation. Arguably, this is Dinner Ciub 20d0's second appeazance when the Section 409.26 (e), computation oftime, is considered. There are no aggravating factors present for this violation, and there are certainly not "substantial and campelling reasons° that are required under the St. Paul Legislative Code for departure. In fact, fhe facts show fhat Dinner Club 2000 has compIied fully with the City's Iast discipIine by having no new violations. In fact, the City of St. Paul has from the outset treated Dinner Club 2000 more harshly than � necessary_ On every occasion, from the very beginning, the Ciry has taken more drastic action Lhan the presumptive penalty matrix directs. The City has now built up a record of upwazd departures against Dinner Club 2000, indicaring that the City's penatfies haue been, and continue to be, azbifrary, capricious, and in violation of its penalty matrix w�ithout sufficienY justification, This record of unnecessary upward depariures have denied Dinner Ctub 2000 due process, and mau ultimately result in a regulatory taking by the City. Dinner Club 2000 believes it is being treated more hazshIy because the concems and complaints of its neighbors an@ neighborhood organizations, mostly white, have been given more weight and credibility than its legitimate business concems and the concems of its Hmong patrons and community. At some point, the City must recognize that the City is denying Dinner Club 2000 fundamental faimess that it deserves by consistentiy ignoring its presumptive penalty matrix. Dinner Club 200� has complied fully since the Iast Council appearance, and should not be genalized unnecessarily for issues that have since been addressed and favorabty resolved. Having the only Hmong dinner club in the state located in St. Paul is presumabty something very desirable to have in the City of St. PauI, especi ' t�e-are owin o uIation of some 70,000 Hmon eo le. a � °s-ra P idL Y - P�.--.�-�.P�mr.._..__ S P P II THE CURRENT VIOLATION SHOULD HAVE BEEN CONSOLIDATED WITA TFIE LAST APPEARANCE IN D7ARCH OF 2000, AND HAS PREJUDICED DINNER CLUB 2000. - o� - 12.�0 Section 409.26 (c) ofthe St. Paul Legislative Code states that the council shall consider and act upon all the violations that have been alleged andlor incorporated in the notices sent to the licensee... Vio]ations occurring after the date of notice of hearing that are bTought to the attention of the City Attorney prior to the hearing date... may be added by stipulation... � (see Section 409.26 of the St. Paul Legislative Code attached). Dinner Club 2000 was denied the right to take advantage of the Code's provision even though tbe alleged violation occurred before the City Council Hearing in March 2001, because this violation was not made known to Dinner Club 2000 until7uly 2041. The City Attorney claims she had no knowledge of tUe alleged violation until after the hearing because she claims the St. Paul Police changed its policy of releasing data under the data Practices Act to tYae City Attomey. Even if the police did change its policy in the convenienfly narrow time frame at issue, they were sti11 wrong to do so under the Data Practices Act. In short, the police caused the delay by erraneousiy withholding data from its own legal representative contrary to the Act. The non-reporting prior to the last Council appeazance was solely the fault of the police department, a city agency, and thus Dinner Club 2000 shouid haue had this action consolidated. The police department is part of the City, so is the LEIP, and so is the City Attomey. They all answer to the Council. The City cannot be wiilfully blind to violarions or improperly withhold violation information for an unnecessarily tong time to avoid the provisions of the Code. The police departments mistake prejudiced Club 2004. (See Affidavit of Robert Fowler attached). For whatever reasons, the complaint was not made until late 3uly 2001. No compelling reasons for the delay have been given, but in any event, a delay of over 4 months prejudiced Dinner Club 2000 and denied them the right to due process. Dinner Club 2000's ability to obtain the proper witnesses, � to promptly investigate the matter, to recall events, and to get records (an intervening flood in April destroyed may business records} were all diminished ormade impossible. With all due respect to the Administrative Law Judge below, he erred in his application of the ]aw on both the issue of consolidation, and oftheprejudicial delay. III. DINNER CLUB 2000 DISPUTES THE UNDERLYING FACTS. The facts leading to the alleged violation are in dispute. The LEIP's allegation that Dinner Club 2000 furnished alcohol rests upon two minor individuals Blong Vang and 7essica Oldenburg who, in any event, illegaliy consumed aicoholic beverages underage. They.of course, were given full immunity by the Cify of St. Paul, despite the fact that the investigating officer cotild tell that they constuned alcoholic beverages (one was severely intoxicated) and that they admitted it to thatofficer. Undez'a�e consumption is a misdemeanor crime, the witnesses were guilty, but instead the Ciry gave them immunity to go after Dinner Club 2000's liquor license, a civil matter. Also unportant and damaging to the witness' credibility is Yhat one of them, Blong Vang, is suing Dinner C1ub 2000. See Affidavit of Robert Fowler and notice of claim. Simply put, the witness' clanns that a bouncer la�owingly gave two previously unknown persons who showed underage ID a wristband is not credible. A more likely case is that these two individuals showed faise ID and fully intended to break the law and drink illegally. There was discrepancias in the testimony of who had wristbands, what type of band and even vrhat color the � bands were among the �vitnesses for the City, incIuding by the investigating police officer. it was also admitted by LIEP that Dinner Club 2000 was a tazgeted business. In addition, because of Yhe 4 month delay in prosecuting these allegations, and since Dinner Club 2000 fired Talon Security after the lasi Councii meeting, and relafionships deteriorated, fliey could not produce the actual witness who worked at the door, greatly prejudicing tlieir defense. With alI � due respect to the Adininistrative Law Judge below, he erred in his determina,tion of facts and credibility deternninations. The LIEP has the burden of proof and failed to meet this burden, and the immunity given to the witnesses and the fact that one of them is suing Dinner Club 2000 makes the case reek ofunfaimess and non-ctedibility. TV PROPOSAL AND CONCLUSION For these reasons, on behalf of Mr. Aang and Club 2000, we respectfully ask that the Council impose one of the following in Iieu of the currenl recommendaTion: • That no action a�ainst Dinner Club 2000's ticense be taken at this time, and any admonition by the Council for this atIeged offense should be incorporated under the Council's last action taken mazch 28, 2001. � That a stayed suspension be irnposed, with a fine. � That the guideline penalry under the penalty matrix be imposed. • Any other action will result in immediate appeal by Dinner Club 2000. � Thank you for your consideration, Respectfully yours, KEL Y & FAWCETT, P.A. / G��! � -`��----� Robert Fowler Enciosures Cc: Council Members Mayor Norm Coleman Virginia PaImer, Esq. Mr. Pao Hang � Di-12-10 Ok'FTCE OF ADNIINISTRATIVE HEARINGS ROR THE COUNCLL OF � THE CITY OF S.AI?1T PAUL AFFIDAVTT OF In Re the Licenses Iield by Dinner Club 2000, Inc. ROBERT J. FOWLER STATE OF MI2QNESOTA ) ) ss. COIJNTY OF RAMSEY ) Robert J. Fowler, being first duly swom upon oath, deposes and states as follows: 1. My name is Robert 7. Fowler, and I am an attorney at the law firm of Kelly & Fawcett, P.A. The firm of Kelly & Fawcett, P.A. represents Dinner Ciub 2000 in licensing and othex matters, and I am the attorney assigned to this license revocation hearing. 2. Upon infozmation and belief, the City of St. Paul Police Department, the Office of License, Inspections and Environmentai Protection (LIEP) of the City of St. Paul, and the City of St. � Paul City Attomey's Office are all subordinate entities of the govemmental unit of the City of St. Paul. Specifically, the City of St. Paui Police Department and the LIEP both utilized the City of St. Paul City Ariorney's Office as flieir legal representative. Upon infonnatiott and belief, the City of St. Paul City Attomey's Office is the prosecuting authority fox cases arising out of St. Paul and is legal representafive to the City of 8t. Paul Police Deparixnent and prosecutes cases that the police department has investigated. Further, the City Attorney's Office of the City of St. Paul is the legal representarive of the LIEP on license revocation matters. 3. As a frequent practitaoner in the area of municipal, criminal, and data practices law, I can find i10 authority for the proposition claimed to be taYen by the City of St. Paul Police Deparhnent, that sharing documentation with its own legal representative would be prohibited by the Data Practices Act. Specifically, Minnesota Statufes Chapter 13, referred to as the Data Practices Act, expressIy indicates that unless otherwise classified, a11 governmental data is presusned to be puhlic. 4. Upon my recollection, testimony by the representative of the LIEP that testified at the hearing in the abov�captioned matter contradicted the Affidavit of Virginia D. Palmer with respect to the dates and times the St. Paul Police Department has clauned to have not provided police reports because of a chan?e in policy. � 5. Cantrary to pazagraph 12 of ti7e Affidavit of Virginia D. Palmer, Dinner Club 2000 was severeIy prejudice by ttte delay of tbe govenunental unit of the Gity of St. PauI in prosecuting this alleged iicense violation. rouz whole months had passed from the time of � the alleged incident and the date on wiuch my client Dinner Club 2Q00 firsf received a copy of the alieged violation or any nofice thereof. Shortly after the alieged incident accurred, upon its own voution in choosing, Dinner Club 2000 terminated its relationship with ti�e security personnel aIle�ed fo be involved in the alleged incident. Dinner Club 2Q00 decided to hire its own security personnel as full-time empioyeas. Furthermore, in late Apri12001, Dinner Club 2000 suffered an extreme loss due to the fTooding of approacimately 60,000 gallons of raw sewage into its basement. This inczdent resulted in the loss ofmany nnportant business records. Further, contrary to what is a1le�ed in paz �¢raph 12 of the Affidavit of Virginia D. Palmer, the securiry personnel utilized by Dinner Club 2000 at the tune of the alleged iacident were not employees of Dinner C1ub 2000. Also, relations with Talon Securiry, a fortner security company utilized as an independent contractor by Dinner CIub 2000, has subsequently deteriorated. Attexnpts to retrieve records for the time period in question of ttvs alleged incident were unsuccessful. Lastly, because the two witnesses for Dinner Club Z000 fhat testified at the hearing were not made aware of the charges in any form until 7uty 2001, faur rnonths after the alleged incident, their ability to recall facts would have been more complete had Ms. Palmer and/or the City of St. Paui as a whole, promptly prosecuted ttus a2leged license violation. � 6. Despite Ms. Palmer's leave of absence of over one month, from Ivtay 7, 20q1, fhrough Juae 18, 2002, the City of St. Paui had an obligafion to provide another qualified attomey to take over ti�e responsibilities_inherant with the LIEP office. There is no evidence that anyone reviewed or otherwise moved this case along during that silc week periocL Specifically, desgite the claim in paragraph 14 of the Affidavit of Virginia D. Palmer, stating that she kad on a prior occasion alIowed Dinner Club 2000 to consolidate matters, it is not evidence of good faith, it is merely her obligation under the St. Panl City Code, 7. Contrary to pazagraph 15 of the Affidavit of Virginia D. Palmer, tke licensae while not �uaranteed to kave any additional penalry beyond the license suspension it received, it is cleaz that the iicansee would not be faciag a 45-day recommendation for suspenszon in addition to the suspensian that was handed down on March 28, 2001, by the City of St. Paul City CounciL The reaIity is that Dinner Club 2000 now faces serial violations and multiple recommendations, whereas, had the City of St Paul not violated rimy clienYs due process rights by untimely an@ unlawfully withholding inforcnatian contrary to tiie Data Practices ' s it w, ,,,�ould have faced only one adverse recommendation. 2 � o I-I 2jo � 8. Subsequent to the hearing before your honor on the above-captioned matter, I d%scussed this case with another attorney from my office, Mr. Sia Lo. Mr. Lo had then informed me upon hearing of tlwe names of the witnesses called against Dinner Club 2000 that said individuai had in-fact made a civil claim against Dinner Club 2000 prior to testifying at the heazing in quesrion. Attached as E�ibit A is a copy ofthe Notice of CIaim prepared on behalf of the witness, by Mr. Blong's attorney. I was unawaze prior to the hearing because of the fact that Mr. Lo had handled this particulaz claim for tbe firm. However, I am respectfully submitting it now as it is further evidence of the bias and motive to fabricate that fhe witness, Mr. Blong, had at the time of the hearing. 9. Delay from the date of the incident aileged to the date of the hearing, was in no way the fault ofDinner Ciub 2000 or tt�rough its attorneys, both myself and those at KelIy & Fawcett, P.A. Further your Af'fiant sayeth not. � Dated: � ° ��/ i Subscribed and sworn to before me this 18th da�f September, 20d1 / � � � � � � �, ,�/ ��/ Robert 7_ Fowler • SRN[1R,4d.HIGGS � �' NDTARYp(JBLIC—MiNNESDTA MY C7rt¢n. E7�ites Jan. 37, 2005 � S e F` U E � U E A T T O R N E Y AT L A- W LlCEASED 1N N A1U ::�;SCOMulN 7EL£PHONE (B$1� �Q2•3j�s FASCIMILE (651) 6&5-9388 EMP[RE BDILDER CENTER 23 EMPIR£ DRIVE, SUlTE 102 SAINTPAUI, MINNESOTA55iQ3 Aprii 18, 200I ATT�t: Manager 73u�ner Club 2QC�Q New M;11enn;;:m Nip,nt Club M1 t 17, `_'3::�:�acc^ �t :e;`� �t Paui, cU1N 55106 Deaz Sir or ivladam; � EMAtL ADDRESS: vuela�rm@jusfice.ctim Please �e advised that tius iaw firm hss been retainad by Blong Vang and his faznily rcgarding th� incident on Nraroh 24, 2001. Oa said inci3ent, Mr, b'ang �Seac�bly czme i� } club to loek for his sister. He was severeIp attacked and beafen by yosxc ser_u.ity guards. ?�fr, Vang did not proroke the guards nor disturb �ny of your customers. T}�is incident oecurrnd attd witnessed by many of your customers, He was attar,ked a�zd beatan not only inside your club buf when laid unconscious hr, u�as dragge3 out by the guards and doae more a�taccking in the parking lo�. As a result, Blong Vang was saen at fhe hospital in the emergency room. He had and will conYiaue Eo have m�dicat costs and wage }oss. 1'ou, as the owner, had or shoi:l� ttave be�,z a�ti�a*� af this incident and have failed to take the necessary steps to avoid a.ay iniury infIicte� to my ctient With this, my elient fias a claim against you. ��e-�ver, ifyou hav:; tiabai:�� inse�rance, I w��z,td appreciate y6� forwarding #his ietter te tt�..tes aad l�avc ��em co�taet ma ��ithin tFee neat f Q days o� this tetEer, f2ther�*ise, m,y elient w:t3 br��eg a suit againsf you and your caaagany �irectl3�, I Iook forward Yo hearinQ fram either you or yow insurance company soon. Sincere?y, Cc: Blong Vang F�,�e Vue, Artarney at Law � � E�:HIBIT A p)-IZ4D � Sec. 409.26. Iatoxicatiag liquor; noniatoxioatiag malt liquor; psesumptive penaltias. (aJ Purpose. The purpase of thia section is to establish a standard by which the city cauncil determines the length of license suspensions and the propriety oE revocations, and ahall apply to all on-sale and oPf-sals licensed premisea for both intoxicating liquor under this ehapter and nonintoxicating liquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist suhstant' 1 d � ia an comQelling reasons making it more appropriate to do so, When deviating from these the council shall provide written reasons that the penalty selected was more appropriate. atandards, specify why (b} Pxesumptive penaZties far violations. Adverse penalties for convictions ar violations shall be presumed as follows (unless specified, numbers below indicate consecutive days� suspensinn): Appearance Type nf � lst � 2nd � 3rd � 4th Violatio n cz� t21 (3 ) ia) t5) f6J Commissi Revocati NA on of a on felony related to the Iicenaed activity Sale of Revocati NA alcohol on beverege s while license is under I suspensi , on. �'Sale of Fine Fzne alcoholi c beverage s to underage person. Sale of Fine Fine alcoholi c beverage to intoxica ted erson. After Fiae 6 hours sale of alCOholi c beverage s . After Fine 4 hours display or c beverage ISA NA m � Up to 1B � Revacati on Up ta 18 � Revocati on ES] 12 Revacati on Revocati on � r L_J � _ _ . , �.., . � c�c � � '.UC �� - � 2l0 � � f7) Re£usal 5 15 Revocati NA to allow on city inspecto rs ar poZice aflmissio n to inagect premises t8� Illegal Fine 6 18 Revocati gambling an on premises (9) Failure Fine 4 12 RevoCati to take on reasonab le steps to stop person from leaving premises with alcoholi C beverage (10} Failure Fine 6 18 Revocati to make applicat on ion for license renewal prior to license expirati on date. (11) Sale of Fine 6 18 Revocati intaxica on ting liquor where only license is for nonintox ieating liquor. (12} Failure 10 Revocati NA NA to on comply with statutor y, and ordinanc e requirem ents for liabilit Y insuranc e. For those viol�tions which occur in on-sale intoxicating liquor establishments listed above in numbers (3}, (4), (5), ts) (8?, (91, Il0) and {111, which would be a first appearance not involving multiple vioZaCians, a fine shall be imgos2d accordiag to the following schedule. For thoae violatians which occur in os�-sale intoxicating liquor establishments liatec3 above in numbers (3) and {q), which would be a second appearance not involving multiple violations, the £ine amounts set forth below shalZ be doubled. Seating capacity 0--149 , . . , $ 500.00 Seating capacity 250 anc3 over ..., 1,OOO.aO For those vio2ations which occur in off-sale intaxicating liquor establishments listed above in numbers (3), (4), (5), (6), IO) and (11), which wauld be a£irst appearance not involving multiple vso ' ' be imposed according �o the following schedule, based on the square footage retail area of the establishment, For those violations which occur in off-sale iatoxicating liquor establishments listed above in numbers (3} and (4), which would be a second appearance not involv3ng multiple violations, the fine amounts set forth below � �"� L� o►�i2./U �� shall be dovhlefl. b,000 square feet or less 5,001 square feet or more $ 5D0.00 . . 2,OOD.00 A liceneee who would be making a first appearance befare the council may elect ta pay the fine to the Office of License, Inspections and Environmentel Protection withaut an appearance before the council, unZess the notice of violatian has indicated that a hearing is required because of circumstancea which may warrant deviation from the presumptive penalty. Payment of the recommended fine will be considered to be a waiver Qf the hearing to which the Iicenaee is entitled, and shall be considered an ^appearance^ for the purposa of determining presumptive penalties Eor subsequent violations. {c) Multiple violatzons. At a licensee's fizst appearanc� before the city council, the council shall considez and act upon all the violations that have been alleged andJor incorporated in the notices sent to the licensee under the administrative pracedures act up to and incZuding the formal notice of hearing. The council in that case shall consider the presumptive penaity for each such violation under the "1" Appearance" column in paragraph (b) above. The occurrence of•multip2e violations shall be grounds for departure fsom such penalties in the council�s discretio n . � �. �' Violatione occurring after the date of the notice of hearing�� F'that ara brought to the attentian of the city attorney grior to � � the hearing date befoxe an administrative law judge {ar before the cauncil in an uncontested facts hearing} may be added to the l notice(s) by stipulation if the liceneee admits to the facts, and shall in that case � treated as thou_ g_h�art af the �'1'` A earance.�� In all othe caaes, violations occurring after Lhe date o e formal notice of hearing shall be the sv.bject of a separate proceeding and dealt with as a"2° Appearance" before the council. The same procedures ahall apply to a second, third ar fourth appearance before the council. td} Subaequent appearances. Upon a second, third ox fourth apgearanoe befoxe the council by a particular licensee, the council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the f' (e) appearance. arst or prior Computati.on of time: (I) If a licensee appears bafore the council for any violation in paragraph (b) where that violation has occurred within twelve (12j calendar manths after the first appearance of the same Iicenaee for a violation � listed in paragraph {b) above, the cuxrent agpearance shall be treated as a aeaond appearance for the purpose of determining the presumptive penalty. (2) If a 1�censae has appeared before the council an two {Z) previous occasiaas, both for violations listed in paragraph (b) a�ove, and if said licensee again appears before the council far a violation listed in said paragragh (b), and if the cuxrent violation occurred within eighteen (18) calendar months of the violation that gave rise to the £irst appearance before the council, then the current appearance shall ba treated as a third appearance for the purpase af determining presumptive penalty, {3) If a licensee has appeared before the councii on three (3) previous occaeions, eanh €or violation listed in paragraph (b) above, and if said licensee again appears before the council for a violation listed in paragraph (b) above, and if the current violation occurred within thirty (30) calendar months of the violation that gave rise to the first appearance, then the current appearance shall be treated as a fourth appearance for the purpose of determining the presumptive penalty. {4) Any appearance not covered hy subsectiona (17, (21 or � (3) above shall be treated as a first appearance_ In case of multigle violations in any appearance, the date to be used to measure whether twelve I12), eighteen (18}, or thirty (30) months have elapsed shall be the date of the violatian Iast in time at the firat appearance, and the date of the violation first in time at any subseuuent appearance. t�} Other pena2ties. Nathing i.n this section shall restrict or limit the authority of the council to suapend up to sixty (60) days, revoke the license, or impose a civil fine not tc exceed twa thousand do].lars ($2,000.00), to impose conditions or take any other adverse action in accordance with law, provided, tYtat the license holder has been afforded an opportunity for a hearing in the mannar provided for in section 3IO.Q5 of this Code. tg) Effect of responsible bueiness practices in determininq pena '' a ro riate penalty, the council �y, in its discretion, conaider evidence s mz e the case of uncontested adverse actione or submitted to a hearing examiner in a contested hearing upan which Pindings of fact have heen made that a licensee has fol2owed or is likely to follow in the future responsible busi.ness � ., ae� � :i,. _ . t'aJ_ .". i "� RT.'-0qy= . - ? c - c�_ 98 S�_ � . _�/_'.: br—/tl b practices in regard to sales to intoxicated persons and sales to minors. (1) For the purposea of service to intoxicated peraons, evidence of responsihle business practices may isiclude, but is not limited to, thase policies, procedures and actiona that are implemented at time of service and that: a. Encourage persons not to become intoxicated if they consume alcoholic Beverages on the defendant's premises; � c. Promote availability of nonalcoholic beverages and £ood; Promote safa transportation alzernatives other than driving while intoxicated; d. Prohibit employees and agents of de£endant from consuming alcoholic beverages while acting in their capacity as emplayees or agents; e. Establish promotions and marketing efforts that publicize responsible buainesa practices to the defendant�s custamers and community; � f 9 h i Implement comprehensive training procedures; Maintain an adequete, trained number of employees and agenta for the type and aize of defendant's business; Establieh a standardized method for hiring qva2ified employeea; Reprimand employees who violate employer policies and procedures; and j. Show that the licenaee has enrolled in recognized courses providing tzaining to self and one (1) or more employees of the licensed establishment in regard to atandards for responsible liquor service. (21 For the purposes of service to minors, evidence of responsibla business practices may include, but is not limited to, thoss listed in subsection {i) and the fol7.owing: a• Management policies that are implemented at the time of service and that ensure the examination of � law} all personslseekingeservicehaf alcoholic � . . �� .. _ . .� .,. . �!,ll I11 beverages who may reasonably be suspeeted to be minors; h. Comprehensive training of employees wha are � responsible for such e?camination regarding the detectian of false or altered identification; and c. Enrallment by the Iicensee in recagnizec3 courses providing training to seZf and one tl) or moze empioyees of the licansad establishment in regar@ to standarda for respansibla liquor service. (Ord. No. 17555, § 1, 4-28-86; Ord. No. 17657, § 14, 6-8-89; Drd. No. 17b75, § 1, 5-22-89; Ord. No. 17694, § 2, 11-7-89; Qrd. No, 17756. � 1, 8-7-90; Ord. 2do. 17924. §§ 2, 3, 5-7-92: C.F. NO_ 92- Z9�9, � 1, 2-9-93; C.F. No. 4?-1445, § 1, 12-3D-97; C.F. No. 98- 86b, § 1, 11-9-98j � � TOTAL P.13 � Kell� 8� Fav�cett P.A. A T T O R N fi Y S AT L A W 2350 U.S. BANCORP PIPER IAFFftAY PLAZA 444 CEDAR STREET SAINT PAIJL, MN Si101 PATI23CK 7. KE1LY SONGLOFAWC£1T S7EPtffiNKEIS.Y SIh 3A CHAD D. LE1.9.fONS KATHi.EEN M. IAUCKS ROEERT7. FOPILER O►' I Z(o orco,m��: IOHN F. BANHIGAN, IR MCGUIGAN &'FIOLLY. P.LC. (6S3) 2243781 Fdcsirtn7e (651) 223-80]9 E-Mail: kelfawcettQqwest.net Ms. Virginia D. Palmer Assistant City Attomey Cieil Division 400 City Hall 15 West Kellogg Blvd. St. Paul, MN SSIQ2 RE: Club 2UQQ July 25, 2001 Alleged Violation on March 24, 2001 � Dear Ms. Palmer: We contest the facts related to the March 24, 2041 alleged violation. Thus, we axe requesting an evidentiary hearing before ALJ. At that hearing, we contend that because Club 2000 went before the council on March 28, 2001, and the violation was to have occurred four days prior to the hearing, Club 2000 had a right to have this hearing consolidated with the March 28, 2001 hearing with no additional penalty. Thus, we wili argue that you are estopped from bringing this new alleged violation in the first place andlor using it as a violation for the conditions placed on Club 2000 at the last hearing, because you failed to bringing it during our last hearing. I look fonvard to your response in the near future. In the mean rime if you have any questions, feel free to contact me anytime. RJF:tlf Respectfully yours, KELLY & �AWCETT, P.A. r��.t�✓� f ��I;�..� Robert J. Fowl� f �� r N 0 O W R o �o � m o A ��N � a �o 1.' 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U L 00 O[yj G'O'N NO"p �(p0 NF 00 N N � N"' � ^ � � � 00� �� V -J Q� �O �M 0] c_� N � n �"m°oo: �o oE °, c� r-n_c�LEc�v 1� c0 N c0 C E v� N "6 �'- 00 UO Q� � U9 N'ad (p � Nm U �� mao �n�o� , . `_' c�_ �" _ . . �_!G� bl-ft}o City of Saint Paul City Attorney's Office � 400 City Hall Saint Paul, Minnesota 551o2 FAX #: 298-5619 FA}C TRANSMITTAL COVER SHEET DATE: Septemb�Y 6, 2001 TO: Robert J. Fowler Kelly & Fawcett, P.A. FROM: Peter Pangborn St. Paul City Attorney'e Office NUM3ER OF PAGES (INCLUDING COVER SHEET): 5 CoN[MENTS: Aa requested in your letter of September 4, 2001, attached please find a copy of the police report for the March 24, 2001 incident at Dinner Club 200D. � C�NFIpENTIAI,ITY NOTICE- THE DOCUMENT(S} ACCOMP��SI'ING THIS FAX CONTAIN CONFIDENTIAL INFORMATION WHZCH IS LEGALLY PRIVILEGED. THE INFORMATION IS INTENDEII ONLY fi01? TIiE USE OF THE IN?'BN7�ED RECIPI$b7'j' NAMED ABOVE, IF YOU ARE NOT THE INTENDED RECZPIENT, YOt3 ARE HERESY NOTSFIED THAT ANY DISCLOSURE, COPYING, DISTRISUTIUN OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTEN'I'S OF THIS TELECpPIEp INFORMATIDN EXCEPT ITS DIRECT DELIVERY TO THE INTEI3llED RECIPIENT NAMBD ABptIE IS STRICTLY PROHIHITED. IF YDU HAVE RECEIVED THIS FAX IId ERROR, PLEASE I30TTFY t3S IMMEDIATELY BY TELfiPHOISE TO ARRANGg FQR RETURN OF TFiS pRTGI1VTAS� DOCUMENTS TO US. � � �� p Samt aui Police Departmsnt Pa9� °� �RIGINAL OFFENSE J INCIDENT REPORT f' Comp/sfnt Nu�nber Refe�ence C. N. Primary oftanse Date and Time nf Re 01-056572 ASSAULT, MISDEMEANOR 03/24/2001 01:°, PrimaryRepa�ting D(fice� JE.NN{FER L oD�iVN�LL CrimaryoAense deta7C Pmnary squad: 376 Secnndery repating officer, oisdkc EASTERN ( ERSTERN DISTRiCT } Se¢ondary offensa: Lacation afincident: 1177 CLARENCE ST NamgoffocstionPousiness: 'F�'�.l"<<IU�/ `�"""U v '� Dsfe & time W orcurance.' 0312412001 00;45 Arrest mede7 Dem 8 tlme Of �rtest POLlCE PERSONNEL lNVOl.VED Mest matle on view. Piusuit engaged; Masf inede on warrant or pfevfous CN: Weapons used by po/ice: WeaOOns usod 6y suspeM e! time af arrpst Resistartee encoutttered: CHARGES (NONE} NAMES YICTfM � 155 BURR ST ' STPAUL MN 551Qt � physrca! Description Phnnes sex MqLE He�nc 6-g Ha;rcwor Nome phone 657-771-6910 Race B(ACK Hrspanic Ooe D4/tOH980 Age 20 we;ghr 2D0 auira HEAVY Skln BA4WN - LlGHT xair Type Ha�r Length Facial Hai� Phqslca7 CondiBon EmA�oyment Consciausnass Occupafion Orug/alrohW use INTOXICA7EI7 Employer VlCTttN VAIVG, LILY t 156 BURR ST STPAUL MN 551a1 Ph sicsl Descriptinn Phones sex FEMALE Ne;ght - �_,�� Nome phona 551-777-fi91Q Race ASIAN Nispanic DO& 47lD5119$2 AAe 1$ wetBM 110 eui�d $LENDER sktn BRQWN • UGHT Heir Type Nair Length Facis(Hair �T�L '�"F O M. �CC� � L G...n"� 1��" ` ' 7� „ � _. � :��_ e.: ,_ :�9�_ _ _ .! - ...,_ 2'�a-a6_� � .e.�'�5 a � Saint Paul Police Deparkment paee z �' ORiGlNAL OFFENSE / INCIDENT �.EP�RT °'` �Z'a Compf�n! Nurrber Reference GN. Primaryoffense Da2e antl Time �tRepoR `1-0565�2 ASSAUIT, MISQEMEANOR 03/24/2001 01:57 Phyalta/ CnndiSon Employmen! Cansriausness OccupaYon DniglalmMt use Emp�oyer 1855 7tH ST E#11 STPAUL MN 557 i 9 vbysica�Descripilon phones Sax FEMALE Height Har�Cda Home phone 651-731•5472 Race WHITE wa7ght xairrype tirspanic Auild Hai�Lenflth DOB O6/19/198Q Sk)n Faciel Hair aeQ 20 Phystea7 Cortditian E Cansciausness Occupsfion IIruglateohol usa Fmpioyer � 795 EDMUND ST STPAlJL MN $b104 Physical Descf,pLnn Qhnnas sexMALE Neight HairCclo� Homs phane 651-228-1777 RaCe ASlAN Weigh! Hai�Type Nispanit HuiM NairLangth DOB p312311983 Skin 8F2pWN - LIGNT FaciarHair Age 16 Physicaf Condifion Fmp/oymant Consciousness Occupation druglatcphy uss Em0/oyer 1355 FARftiNGTON ST #210 STPAUI MN 55117 Physica! Descripdon Phones Ser FEMALE ttelght HairCotor Nome phone fi51-487-fi860 Race WHfTE waight HabType � � Nispanic 8uild HairLengtn Doe OTli3(t983 Sxin PaciarHair ` age 18 F �{. P.ti.. PQ �. Camplairtf Numoer 01-�56572 Saint Paul Police Department Pa42 s QRtGINAL OFFENSE / iNCIQENT REPQRT Relerence C.N. Primary offense Dala and Tima af RaPnrt ASSAULT, MISDEMEANOR 03/24/2Q01 01: Physicai Cond�lYort Employmen[ � Consciausrtess OccvrpaUon pn,g/alcohnt use Employet CRIME SGENE DESCRIPTORS CNme Scene Method 8 Polrtf ofErt6y Type QCSC+lptiOn Fo�ce ussv NOT FORCED Aoint oI entry Method PR4PERTY (NONE} VEH{CLE INFORMATiON (NONE) SOLVA6ILITY FACTORS Can suspect 6o identified7 Crime scer�e procassad? ➢hotos taken? Can be idert�ed Cy Evideoce tumed ts stahn prope2y iracea6le? Froperfy Wmed in? NARRATfYE SQD. 376 (,t. O'pONNELL) WAS SENT TO 640 JACKSON, REGlON5 HOSPITAL. ON A1V ASSAULT THAT OCCURRED AT 1177 CLRRENCE, CLUB 2a04. ( SPOKE TO THE FOLlOWING PEOPLE; 1) LILY VANG (DOB 07-Q5-82) 2,) JESSICA LEE OLDENBURG (DOB 06-�9-BO) 3j QENNIES VANG (DOB 03-23-83) 4) MAQ VANG (QOB �i-i3-$3). LtLY 5TATEa SHE WAS LEAVIM1iG THE BAR W JTH THE ABObE PEOPLE AfJD HER BROTHER, BLQNG VANG {DOB 04-70-BO). L{LY STATED SHE WAS ARGLJING WITH BLONG AS THEY WERE WAi.KiNG OUT. LILY S7ATED ONE OF THE SECURI'i'Y GUARDS "VlCTOR" (M/M, 5'4, ZDO L$S, 30-40 YEARS OF AGE). PLASHED H!5 FLASHLlGHT AT TFiEM THEN PUSHED HER AND BLONG OUT THE DOOR. LII.Y &TA7£D ONCE QUTSIDE "VICTOR" AN� A.P107HER SECURITY GUARD (AIM, 5'2, 130 LBS, 29 YEARS OF AGE) ASSAULTED HER. LtLY STATEO "VICTOR" PUhICHE� HER IfV THE MQUTH AN� TIiE A!M SECURITY GUAR� CtiOKED HER. LILY STATEQ SHE WAS NOT INJUREp. MAO GAVE TNE SAME STORY AS LILY. JESSICA STATED AS SHE WAS WALKING OUT WITH L1LY AND BLONG, TWD SECURITY GUARDS (#1- W/M, S'-6'Z,,230, CHUBBY, BLOND SHRVE� HEAD, !N H!S 30'S AIVD #2- NM, $ . HAIR PllSHED BLONG AND LILY. JESSlCA S7ATED BLONG PUSHEO ONE �F THE SECURITY GUAR IM Ot)7 OF TiiE WAY. THE PUSHED HIM TO AN AREA WHERE TNERE WERE NO PEflPLE. JESSICA THEY THEN PUNCHED HIM AND PUSHED H!M TO THE GROUND AND REFUS�d TO LET H(M UP. JE5SlCA STATED THEY MACEQ HlM, PUNGHED HiM REPEATEDLY AND HI7 HIM W ITH THElR NIGHT STICKS. DENNIES GAVE THE SAME STORY AS JESSICA. � JESSICA RNQ QERlNIES STATE� THEY HP.D TQ CP,RRY BLONG Td THEIR CAR. JESSICA - STA7EQ SLONG WAS COYERED IN BLOOD AND THROWtNG UP BLO00. JESStCA TRANSPpRTEQ BLONG TO REGIONS. o —n cu� �•C� � vaJ � � , , ES'_ 2�8 ;c�9 �.��'�S Saint Paui Police Departmant pa9� 4 � ' ORtGtNAL QFFENSE / tNClDENT i�EPORT ° "+"'�'b Campreinr Number Reference C.N. Primary offense Date and Trma a/ ReAOd �1-056572 ASSAULT, MISDEMEANOR 03/24l2001 01:57 JESSfCA STATED ALL THE SECURITY GUYS WEF2E SPRAYING THE GRaWD W{TH MAGE. JESSICA STATED NO 013E WAS FiGHTING WHEN THE MACE WAS BE[NG SPRAYEO. 1 ATTEMPTED TO TALK TQ BLONG 8UT HE WAS VERY INTOXfCATED AND INt;OHERENT. I COLJLDN'T GET HIM TO ANSWER ANY QUESTIONS. BLONG HAD SdME LACERATIONS AND ABRASIONS ON H15 FACE. A DOCTOR 5'fATED BLONG WDULU NEED A FEW STITCHES UNDER NIS NOSE. SQD. 34�0 (HAZELETT} TOOK PICTURES. (SEE HIS SUPPLEMENT). t WAS UNABLE TO GET BLONG TO SI(3N A MEDICAL RELEASE FORM. , �... ;iES� StOiVG',f3RS7 ENT,ERED,'i'fiEB�R.1l.W/N..(30;5. LIGFI�.�tO�'D 1iAtRrrac,t�caz,�,�.,,,;:nn�r:s.�-�G:`(afd{3 JESSICA'�'P:�/E �'FHEIv! T1�.ERE ID'S 1ALh4ICM STP,'fED a'FIEY'WEFtE"Bl7TN 7D: TfiE"WIfN'fHEN PUTPit�1<'�1+121ST BAP�IDS ON' �` THEM, T3iEYL1R�.Q�;��p �(�i�K>' JESSiCA'&7AS.F�s"„Y.�kI�E YQI� DOIidG" AND 7k�E W/M STATED ".MAVE-AGpOD NIGHT". JESSICA`D14NT 6RIIVK 8UT s BtQNG DiD. . + JESS(CA, �iLY, pENN4ES, ANO MAO ALL STATED THEY COULD fDENTiFY THE SLISPECTS IF SEEN AGAIN. JESS4CA CAN ALSO IDENTtFY THE PERSON THAT CAFtpED HER. PLEASE FORWARD A COPY pF THIS REPORT TO VICE. � 'lease distribuYe to: �.CFiF �Hom _._„Sex _Q/C �CO �Rptr _Rob ____Juv �Oper _Burg ` Theft _Prop _Vice _Narco _SIU _PSC _CAU �TSA „ _,F&F _Other _Rec 7e� �Rut� TOTRL P.05 OFFICE OF THE CITY ATTORIvTEY Clay[on M Robin4on, Jn, City Attorney CITY OF SAINT PAUL c,�rD;,�;sron Norm Coleman, Mayor 400 Ciry Xalt l3 West KelloggBlvd. Snirtt Paul, Mirsnesota 55102 i September 25, 2001 NOTICE OF COUNCII. AEARING Robert J. Fowler Keily & Fawcett, P.A. Attomeys at I.aw 235Q Piper Jaffray P1aza 444 Cedar Sh�eet Sainf Paul, Minnesota 55101 RE: On-Sale Liquor License held by Dinner Club 2000. Inc., d/bfa Dinner CIub 2000 for the premises at 1177 Clarence Street in Saint Paul License ID #: 990005357 Deaz Mr. Fowler: Please take notice that a hearing on the report of the Adininistrative Law Judge conceming the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, October 24, 2001, in the Ciry Council Chambers, Third Floor, Saint Pau1 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 kours. You may also present oral or written argumenT to the council aY the Hearing. No new evidence wiIl be received or testimony taken at this hearing. The Councii will base its decision on Yhe record of the proceec3ings before the Administrative Law Judge and on the argaments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by iaw in the exercise of its judgement and discretion. Sincerely, Virginia D. Paimer Assistant City Attorney � TeZephone: 65] 266-8710� Fncsimile: 6il 298-5619 cc: Nancy Anderson, Assistant Council Secretary, 310 City Ha11 � Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Shenvood Ave., St. Paul, MN 55119-3230 Council File # o t- t a.�� Green Sheet # t t'j t� �'6 Presented RESOLUTION CI'fY OF SAINT PAUL, MINNESOTA Referred To Committee Date 1 RESOLVED, that the licenses held by Dinner Club 2000, Inc., dlbta Dinner Club 2Q00 (License ID #: 2 14990005357) be suspended for a period of 18 days for failure to comply with the license condition requiring that 3 all individuals entering the licensed premises be properly identified to determine their age and that individuals over 4 the age of 21 be given a wristband which permits them to be served alcohol. FI3RTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated August 30, 2001 aze adopted as the written findings and conclusion of the Council in this matter. 7 This Resolution is based an the record of the proceedings before the ALJ, including the hearing on 8 September 11, 2001, the documents and e�ibits introduced therein, the findings of fact and conclusions of law of 9 the AI,J as referenced above and the arguments and statements of the parties at the public hear9ng on October 24, 10 2001 and the deliberafions of the Counci] in open session at that hearing. The Council finds that this is a serious 11 violation, in that the Licensee's employees knowingly permitted underage persons to drink. There are aggrauating 12 factors to the offense, specifically that the patrons offered ID showing them to be underage but were given bracelets 13 which idenfified them as of age to drink. Both of the underage persons did drink, one to the point of intoxication, 14 and he then got into a fight with security, was taken to the hospital and eventually transported to detox. Further, 15 there is a pattern of repeated violations at this establishment - this is the fourth violation in a period of just over a 16 year and two of those violations have been violations of the conditions placed on the license shortly after its 17 issuance. Finally, efforts to work with management by the Office of LIEP and the Saint Paul Police Department 18 do not appear to be effective. i 2 The eighteen day closure in this matter shall begin at 12:01 a.m. on Wednesday, O\—�� 3 November 28, 2001 and continue in effect unfil ll:59 p.m. on Saturday, December 15, 2001. 4 5 A copy of tlus Resolution, as adopted, shall be sent by first class mail to the 6 Administrative Law 7udge and to the Licensee's attomey, Robert Fowler. 7 Requested by Department of: By: Horm Appzwed by City At B -�/�..��J ��-s.� � Approved by Mayor for Submission to Council By: � .i, � �•\ 4- — gy: C ' �/ /4 Zm/ Approved by Mayor: Date By: i Adopted by Council: Date � .� 1cp� Adoption Certified by Council Secretary OFFICE OF THE CITY ATTORNEY Clay�ton M. Xobinson, Jr., CityAttorney 35_ CITY OF SAINT PAUL c,v;rD;,.,s,aR Norm Co(eman, Maynr 400 Ciry Hn7l IS Wes! Keltogg Blvd, Saint Pau{ Mixnesotn 55102 i September 25, 2001 NOTTCE OF COUNCIL HEARING Robert J. Fowler Kelly & Fawcett, P.A. Attorneys at Law 2350 Piper Jaffray Plaza 444 Cedar Street 5aint Paul, Minnesota SS 1 Q 1 ot_�a,to Telephone: 651266-8�10 Facsimile: 651298-5619 RE: On-Sale Liquor License held by Dinner Club 2000. Inc., dfb/a Dinner Club 2000 for the premises at 1177 Ciazence Street in Saint Paul License ID #: 990005357 Dear Mr. Fowler: Please take notice that a hearing on the report of the Administrative Law Judge concemin� the above-mentioned license 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, 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 argtunent to the council at the Hearing. 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 Jud�e and on the arguments made and exceptions filed, but may depart from the recommendations of such 7udge as permitted by law in the exercise of its judgement and discretion. Sincerely, ' f �� U�-wt� `"�-��.-t Virginia D. Palmer Assistant City Aitorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 01•ILIa STATE OF MINNESOTA O�'FICE OR ADMINISTRATIVE HEARTNGS 100 Washington Square, Suite 17p0 1 DO Washington Avenue South Minneapol'�s, Minnesota 554�1-2138 ��c��v� Sepfember 2Q 2Q01 Fred Owusu, City Gerk City of St. Paui 170 City Hall 15 West Kellogg Blvd. St. Pauf, MN 55102 s�� z � zo� b�� CLERK �,-7�r �/yA��f�C.yi,�.+v� 4 �� .. t y ew ,s �Q`�� lt,�� c w � ' ya s'= �,�a RE: In all Licenses Held by Dinner Club 2000, Inc. for the Premises at 1177 Clarence Street; OAH Docket No,. -- 1-6020-14432-6 - Dear Mr. Owusu: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Gonciusions of Law and Recommendation in the above-entitled matter. Aiso enclosed is the o�cial record, with the exception of the tape recordings of the hearing, which will be sent to you under separate cover. Our fife in this matter is now being cfosed. Sinc�r, y, t/ /�!� ,� '� � � �-�--�e GEORGE A. BECK Administrative Law Judge Telephone: 612/341-7601 GAS:aws cc: Virginia D. Palmer, Asst. City Attomey Robert J. Fowler, Esq. Providing Impariial Hearings for Govemment and Citizens An Equai Opportunity Employer Worker's Compensation Section (612) 341-7635 � TDD No. (612) 341-7346 � Fax No. (6'12) 349-2691 ... -_. o►- t�t,to 1-6020-14432-6 STATE OF M1NNE50TA OFFICE OF ADMINISTRATIVE NEARINGS FOR TNE SAiNT PAUL CITY COUNCIL ln re all Licenses Held by Dinner Club FINDiNGS OF FACT, 2000, Inc, for the Premises at 1177 CONCLUSiONS OF LAW, Clarence Street AiVD RECOMMENDATION A hearing in this matterwas conducted on Tuesday, September 11, 2001, at 9:30 a.m. at St. Paui City Hail by Administrative Law Judge George A. Beck, senring as a hearing exam+ner for the St. Paul City Council. • Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Bivd., St. Paul, MN 55102, represented the St. Paul Office ofi L.icense, Inspecfions and Environmental Protection (LIEP). The Licensee, Dinner Club 2000, was represented by f2obert J. Fowler, Esq. of the firm of Kelly and Fawcett, P.A., 2350 U.S. Bancorp, Piper Jaffray Plaza, 444 Cedar Street, St. Paul, MN 55101. The record ciosed on September 1$, 2001, upon receipt of the finai written submission. NOTICE This Report is a recommendation, not a finai decision. The City Council of the City of St. Paul will make the finai decision after a review of the record and may adopt, rejecf or modify these Findings of Fact, Conclusions, and Recommendation. Under Section 310.05(e)('1) of the City's Legislative Code, the City Cauncil will provide the Licensee an opportunity to present oral or written arguments to the City Councii before it takes final action, Parties should contact the City Council to determine the procedure for filing argument or appearing before the City Council. STATEMENT OF ISSUE The issue in this proceeding is whether or not the City of St. Paul should take adverse action against the licenses held by Dinner Club 2000, inc. Based upon alf of the proceedings in this matter, the Administrative Law Judge makes the foflowing: o� - i z�o FINDINGS OF FACT 1. Dinner Ciub 2000, inc. was fi�st issued ficenses for on-sale liquor, liquor- oufdoor service, and enfertainment for the premises at 1177 Ciarence Street on November 4, 1999'. Dinner Club 2000 is located on the east side of St. Paul and is co- owned by Ge Vang and Pao Hang. Its ciientele is approximately 90% Hmong and it is described by its owners as the only Hmong club in the Twin Gifies. 2. On the eve�ing of March 23, 2001, ,lessica Oldenburg arrived at the Dinner Club 2000 at approximately 10:00 p.m. with severaf girlfriends. When she arrived there were approximate{y 15 to 20 people waiting to enter fhe club. Security personnel were checking ID's. Ms. Oldenburg had visited the club nearly every weekend since October of 20Q0. 3. The policy at the club was that patrons with ID's showing them to be over 21 years of age received a wristband which al(owed them to purchase drinks. Minors were admifted without a wristband and had their hand stamped. 4. While Ms. Oldenburg was standing in line she was summoned to the front of the, line by a security o�cer who recognized her. She presented the security officer with her Wiscons+n driver's license which showed her date of birth to be June 19, 19$O Ms. Oidenburg was 20 years old on March 23, 2001. After examining her ID, a securifij o�cer gave her a wristband, told her fo have a nice night and winked at her. 5. Ms. Oldenburg proceeded to dance at the club and had approximately three drinks. She stayed until the last dance when the ciub closed, 6. Blong Vang arrived at the Dinner Club 2000 a# approximate{y 10:30 p.m. on the evening of March 23, 2001. He arrived there with approximately 20 friends. He intended to iook for his sister who had run away from home. 7. After standing in iine for approximately five m+nutes he presented his driver's license to the security personnel. The license showed him to be born on April 10, 1980 and he was, therefore, 20 years of age on that evening. Nonetheless, the security officer gave him a wristband and told him to �`have fun tonighY'. Mr. Vang had a large number of drinks at the ciub that evening and became intoxicated. 8. Mr. Vang d+d find his sister at the club and as they were leaving that evening he began yelfing at her. When security personnel intervened Mr. Vang resisted and was subdued and handcufFed by the security personnel. He was punched and maced. 9. The police were not called. Ms. Oldenburg and another person carried Blong Va�g to a car and transported him to Regions Hospitai. At the hospitaf Blong ' Ex. 1 2 Ex. 7. o� - ► Z�� Vang was treated for lacerations and abrasions and needed a few stitches under his nose. 10. Police officer Jennifier L. O'Donneil was called to Regions Hospita! early on March 24, 2001 and interviewed severai witnesses to ihe incident. She filed an incident report dated March 24, 2001 at 1:57 a.m The report was fiorwarded to the homicide division to investigate the assauit and to the vice division because ofi the possibiliiy ofi underage drinking. 11. Eight conditions were placed upon the licenses issued to Dinner Club 2000 in 1999. They included the following: 2. The Licensee shaN insure that aii individuals entering the licensed premises are prope+ty identifed to determine their age, and any individuai over the age ofi 21 shaii be identi�ed by a non-removable wristband which is visibie and signifies that they may be served or consume alcohol. All individuals without proper identifiication shali be denied entrance. 3. During the hours of operatio� until closing, the licensee, wifl provide for staffing and monitoring of all entrances and exits, it being the intent that at afl times indicated, at least one empioyee of the licensee will be physicalfy present at each entrance or exit to monitor patrons entering and exiting the estabfishment 5 12. Since the incident the Licensee has discontinued using the security firm it employed in March of 2001 and has made aiternative arrangements. 13. The Licensee has been subject to prior disciplinary action. In May of 2000 it received a two day suspension for a failure to wand patrons as they entered the club. The City afso found an after hours sale at the dub in January of 2001 and the club failed a compliance check in March of 2001. These two violations were considered by the Cify Councii together On March 28, 2001. The City Council imposed a 30 day ciosure but stayed 25 days and imposed a$1,000 fine, so that the club was only required to cfose for five days. The City was not aware of the March 23, 2001 incident on March 28, 2001.� 14. The penalty matrix for adverse license actions does not specifically address violations of conditions imposed upon licenses. However, for the sale of alcohoi to an underage person, the matrix cails for a fine upon the first appearance before the Council, a fine upon the second appearance, a suspension for up to 18 days on the third appearance, and revocation upon the fourth appearance. 3 Ex. 3. 4 Ex. 3. 5 Ex. 2. 6 Ex. B. ' Ex. 8. 3 DI� 1210 15. The City staff is recommending a 45 day closure of the club due to the March 23 incident, because of continued problems. 16. Prior fo March of 2001 police reports indicating a possible license violation were routinely senf to LIEP. The police department changed its policy at that time based upon data practices concerns, and began sending the reports oniy to the City Attorney's office. The City Aitorney's o�ce did not see the March 24, 2001 police report untii Aprii of 2001, after making a specific request. 17. The Assistanf City Attomey assigned to licensing was on leave from may 7 fo June 18, 2001. On July 17, 2001, the Assistant Gity Aitorney sent the Licensee a notice of violafion conceming the incident on March 23 and 24 of 2001. It advised the Licensee of its right to a hearing. 18. By a letter dated July 25, 2001, the Licensee requested an evidentiary hearing before an Administrative Law Judge, and advised the City that it believes fhat this aileged violation shouid have been consolidated with fhe March 28, 20d1 City Council appearance, so that no additional penalty would be imposed.' 19. A Notice of Hearing dated July 31, 2001 was served on counsei for the Licensee on August 2, 2001 and set the hearing date for Tuesday, September 11, 2�0�, 20. By a letter dated September 4, 2001, counsel for the Licensee requested that the Assistant City Attorney provide ail data information and police reports to be intraduced at the hearing, as weli as a witness list.� 21, Counsel for the Licensee was permitted to interview witnesses for the City prior to the hearing on September 11, 2001. Based upon the foregoing Findings of Fact, the Administra#ive Law Judge makes the following: CONCLUSIONS 1. The St. Paui City Council and the Administrative Law Judge have jurisdiction in this matter under Minnesota law and St. Paul City ordinance. 2. The Ciiy gave the Licensee proper and timely notice of the hearing in this matter. 3. The City has proved by a preponderance of the evidence that the Licensee has failed to compiy with a condition of his licensure that required it to ensure that ali individuals entering its premises are properly identified to determine their age. e Ex. 8. 9 Ex. 4. 10 Ex. 5. " E�c. 6. 72 Ex. A. 73 St. Paui City Legisfative Code Sections 310.05-.06; Minn. Stat. §§ 14.50, 14.55. 0 D� - t2tb 4. Under the St. Faul Legislative Code, failure to comply with the conditions of a license is grounds for adverse action. 5. The Legisfative Code provides that violations occurring after fhe date of the notice of hearing that are brought to the attenfion of fhe Cify Attorney before a City Council appearance may be added to that notice if the licensee admits to the facts, a�d may be treated as a parE of thaf appearance.'� The Code also provides that the occurrence of multiple violations shall be grounds for deparfure from fhe penalty matrix. 6. Licensee's motion to dismiss is denied. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION iT IS RESPECTFULLY RECOMMENDED: That the Cifij Council order that adverse action be taken against the licenses held by Dinner Club 2000, Inc. Dafectthis 20` day of September, 2001. s _"""� GEORGE A. B CK Administrative Law Judge Reported: Taped. No transcript prepared. MEMORANDUM The City has demonstrated by a preponderance of the evidence that {v✓o minors were admitted to Dinner C{ub 2000 and given wristbands indicating that they could purchase drinks on the evening of March 23, 2001. The testimony of the two witnesses was credible. The Licensee's contention that the witnesses were not teiling the truth because they were angry at the Club has no basis in the record. Each indicated that they presented identification showing them to be 20 years of age but were nonetheless ailowed to enter and drink. One of the minors became intoxicated and was involved in a fight with security personnel at Dinner Club 2000 at the end of the evening. The Licensee argues that it was prejudiced in this case by the fact that this March 23, 2001 violation was not considered by the City Council on March 28, 2001 when twa other violations were considered that had occurred earlier. The Licensee made a Motion to Dismiss on these grounds at the peginning of the hearing. The March 28, 2001 City Council action considered violations occurring on January 1, 2001 and 14 Section 310.06(b)(5). ' Section 409.26(c). 01' 12( March 15, 2001. As a result of that appearance the Cityr Council imposed a 30 day ciosure but stayed 25 days so that the Giub was required to close for five days. The Licensee believes that if the March 23, 20�1 violation had been considered by the City Councif in March if would nof be facing a recommendation for a 45 day closure in this proceeding. Generaily, the legisiative code provides that violaiions after the date of a Notice of Violation thaf are brought to the attention of the Gity Attorney before a Ciiy Councii appearance, may be added as a part of that appearance, if fhe Licensee admits to the facts. The evidence indicafes, however, that the March 24, 2001 pofice report was not sent to LIEP and was not sent to the Cify Attorney's offce until April of 2001. Because of this the City Attorney did not have knowiedge of the March 23, 2001 violation on March 28, 2001 and the code provision concerni�g multiple violations would not apply. Even if the March 23 vio�ation had been +ncluded in the prior City Council appearance, the penalfij set by the City Gouncii at that time might well have been more serious since the code provides that the occurrence of multipfe violations is grounds for departure from the penalty matrix. The Licensee afso contends that it was prejudiced because it did not receive notice of an alleged violation until approximately July 17, 2�01, when a Notice of Viofation was sent to the Licensee hy the Assistant City Attorney. The Licensee argues that the recollections of the co-owners of the Club, who testified at the hearing were weaker due to this de{ay.' However, the co-owners were not present at the door when the IDs were checked. The Licensee aiso states that some records were lost at the cfub in April of 2001, but does not indicate in what way they would have aided in a defense in this matter. Finaily, the Licensee states that it has strained relations with the former security firm that it had let go after this incident and was unabie to retrieve records from them. Presumably this wouid have been the case shortly after the incident as weil as in July of 2001. The Licensee has failed to demonstrate that it was prejudiced by the approximately four month delay between the occurrence of the violation and the notice of violation. The penaity matrix does not spec�caliy address violations of conditions imposed on a license. However, a third violation for sale of alcohol to a minor would ca11 for a suspension of up to 18 days. The City has recommended a 45 day closure as a resu{t of this violation. The Licensee believes that race has been a factor in the City's enforcement actions against the Club. it appears that the City does consider the Club to be one of a few "problem" establishments that require greater police attention. The City Council, of course, wili make the final determination on closure. it may consider the penalty matrix and the Licensee's argument as to whether or not this violation shoufd have been included on March 28, 2001 in making that determination. � 16 Exhibit C. � �� STRTE OF MINNESOTA) ) ss COUNTY OF NENNEPIN) AFFfDAViT OF SERVICE BY lf.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 20 day of September, 2001, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law, and Recommendation; Docket No. 1-6020-14432-6 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the i�dividuafs named herein. Fred Owusu, Ciiy Clerk City of St. Paul 170 City Hall 15 West Kellogg B1vd. St. Paui, MN 55102 Robert J. Fowler, Esq. Kelly and Fawcett, P.A. 2350 U.S. Bancorp Piper Jaffray Pfaza 444 Cedar Street St. Paui, MN 55101 Subscribed and sworn to before me this 20�' day of September, C� �J � Notary blic � GYNTHIA A. RINGDAHL ,� NOTARY PUBLIFMINNESOTA My Comm. E�. Jan. 37, 2405 Virginia D. Paimer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. St. Paui, MN 55102 ��.�. �°��N-- Debra S. Aws 2601. � K� & Fawcett P.A. A T T O R N E Y S A T L A W 2350 PIPER 7AFFRAY PLAZA 4A4 CEDAR STREET SA1NT PAL3I„ MN 55101 PAIRICK 7. KELLY SONGLOFAWC£C7 SIA LO CHAD D, LEMMONS P.A7'HLEE."*7 M. LOUCKS ROBERT7. FOW FR Facsimile (651) 223-8019 October 24, 2001 i � Dan Bostrom, City Council President All City Council Members Room �20-B City Hall St. Paul, MN 55102 RE: Dinner Club 2000 Dear Mr. Bostrom and Council Members: �.��,-- �� 6F Coimsel: IOHIv F. HA.�*NJGAN, 7R. MCGUIGAN & AOlLY. P.I..0 (651) 2?43781 E-Mail: kelfawcett(c�qwesrt.net As you may recail, our firm represents Dinner Club 2000, owned by Mr. Pao Hang. Mr. Hang's Dinner Club 2000 is scheduled to be on your agenda for the Councii Meefing for tonight on Wednesday, October 24, 2401, for action based on Underage Sale to a Minor allegediy occurring on hlarch 24, 2001. We are filing these exceptions and do wish to address the council at the hearing tonight. We would respectfully ask to be heazd on this important issue for 15 minutes of the Council's time. Club 2000 does dispute the factual basis of the violation, and in addition would like to shaze its concerns that this charge is not properiy before your consideration, as it occurred before the last time Dinner Club 2000 appeared before the Council on March 28, 2001. We would also like the opportunity to share our thoughts regarding the proposed discipline of Dinner Club 2Q00. At the outset, it is of paramount importance that since the last time Dinner Club 2000 appeared before the Council, NO NEW ALCOHOL VIOLATIONS OR VIOLATIONS QF CONDITIONS OF THE LZCENSE HAVE OCCUR.RED. I. TAE PROPOSED PENALTY IS EXCESSIVE. This al leged violation occurred 4 days prior to the City Councils aciion last rime way back on March 28, 2001. Ainner Chzb 2400 has taken the past discipline very seriously as evidenced by the foilowing: It has discharged its former security contractor, Ta3on Security, which was the canse of the vastmajorityoftheproblems. DinnerClub2001wasexperiencingdifficultycontrollingthe employees of an independent contractor. 2. It has since hired its own securiry staff, directly employed and strictly controlled by the otivners of Dinner Club 2000. � 3. It has provided these security personnel training, including training regarding the conclitions on its license. 4. As a result, NO NEW VIOLATIONS have occurrec3. I woutd note that the LIEP is recommending a 45 day ficense suspension for this very old vioIation. This proposed penalty is again excessive. Section 409.26 of the St. Paul Legislative Code states a presumptive penalry matrilc for intoxicafing liquor vioiations. As discussed in detail below, it is Dinner Club 2000's position that fhis violation should have been handled at tEie last appearance before the City Council and consolidaYed with the other two violations on that date un@er Secrion 409.26 (c). However, even ifit is considered a new appeazance, it would at most be number 3 under the penalty matri�, which recommends a presumptive penatty of up to 18 days revocarion, which is 27 days less than the current recommendation. Arguably, this is Dinner Ciub 20d0's second appeazance when the Section 409.26 (e), computation oftime, is considered. There are no aggravating factors present for this violation, and there are certainly not "substantial and campelling reasons° that are required under the St. Paul Legislative Code for departure. In fact, fhe facts show fhat Dinner Club 2000 has compIied fully with the City's Iast discipIine by having no new violations. In fact, the City of St. Paul has from the outset treated Dinner Club 2000 more harshly than � necessary_ On every occasion, from the very beginning, the Ciry has taken more drastic action Lhan the presumptive penalty matrix directs. The City has now built up a record of upwazd departures against Dinner Club 2000, indicaring that the City's penatfies haue been, and continue to be, azbifrary, capricious, and in violation of its penalty matrix w�ithout sufficienY justification, This record of unnecessary upward depariures have denied Dinner Ctub 2000 due process, and mau ultimately result in a regulatory taking by the City. Dinner Club 2000 believes it is being treated more hazshIy because the concems and complaints of its neighbors an@ neighborhood organizations, mostly white, have been given more weight and credibility than its legitimate business concems and the concems of its Hmong patrons and community. At some point, the City must recognize that the City is denying Dinner Club 2000 fundamental faimess that it deserves by consistentiy ignoring its presumptive penalty matrix. Dinner Club 200� has complied fully since the Iast Council appearance, and should not be genalized unnecessarily for issues that have since been addressed and favorabty resolved. Having the only Hmong dinner club in the state located in St. Paul is presumabty something very desirable to have in the City of St. PauI, especi ' t�e-are owin o uIation of some 70,000 Hmon eo le. a � °s-ra P idL Y - P�.--.�-�.P�mr.._..__ S P P II THE CURRENT VIOLATION SHOULD HAVE BEEN CONSOLIDATED WITA TFIE LAST APPEARANCE IN D7ARCH OF 2000, AND HAS PREJUDICED DINNER CLUB 2000. - o� - 12.�0 Section 409.26 (c) ofthe St. Paul Legislative Code states that the council shall consider and act upon all the violations that have been alleged andlor incorporated in the notices sent to the licensee... Vio]ations occurring after the date of notice of hearing that are bTought to the attention of the City Attorney prior to the hearing date... may be added by stipulation... � (see Section 409.26 of the St. Paul Legislative Code attached). Dinner Club 2000 was denied the right to take advantage of the Code's provision even though tbe alleged violation occurred before the City Council Hearing in March 2001, because this violation was not made known to Dinner Club 2000 until7uly 2041. The City Attorney claims she had no knowledge of tUe alleged violation until after the hearing because she claims the St. Paul Police changed its policy of releasing data under the data Practices Act to tYae City Attomey. Even if the police did change its policy in the convenienfly narrow time frame at issue, they were sti11 wrong to do so under the Data Practices Act. In short, the police caused the delay by erraneousiy withholding data from its own legal representative contrary to the Act. The non-reporting prior to the last Council appeazance was solely the fault of the police department, a city agency, and thus Dinner Club 2000 shouid haue had this action consolidated. The police department is part of the City, so is the LEIP, and so is the City Attomey. They all answer to the Council. The City cannot be wiilfully blind to violarions or improperly withhold violation information for an unnecessarily tong time to avoid the provisions of the Code. The police departments mistake prejudiced Club 2004. (See Affidavit of Robert Fowler attached). For whatever reasons, the complaint was not made until late 3uly 2001. No compelling reasons for the delay have been given, but in any event, a delay of over 4 months prejudiced Dinner Club 2000 and denied them the right to due process. Dinner Club 2000's ability to obtain the proper witnesses, � to promptly investigate the matter, to recall events, and to get records (an intervening flood in April destroyed may business records} were all diminished ormade impossible. With all due respect to the Administrative Law Judge below, he erred in his application of the ]aw on both the issue of consolidation, and oftheprejudicial delay. III. DINNER CLUB 2000 DISPUTES THE UNDERLYING FACTS. The facts leading to the alleged violation are in dispute. The LEIP's allegation that Dinner Club 2000 furnished alcohol rests upon two minor individuals Blong Vang and 7essica Oldenburg who, in any event, illegaliy consumed aicoholic beverages underage. They.of course, were given full immunity by the Cify of St. Paul, despite the fact that the investigating officer cotild tell that they constuned alcoholic beverages (one was severely intoxicated) and that they admitted it to thatofficer. Undez'a�e consumption is a misdemeanor crime, the witnesses were guilty, but instead the Ciry gave them immunity to go after Dinner Club 2000's liquor license, a civil matter. Also unportant and damaging to the witness' credibility is Yhat one of them, Blong Vang, is suing Dinner C1ub 2000. See Affidavit of Robert Fowler and notice of claim. Simply put, the witness' clanns that a bouncer la�owingly gave two previously unknown persons who showed underage ID a wristband is not credible. A more likely case is that these two individuals showed faise ID and fully intended to break the law and drink illegally. There was discrepancias in the testimony of who had wristbands, what type of band and even vrhat color the � bands were among the �vitnesses for the City, incIuding by the investigating police officer. it was also admitted by LIEP that Dinner Club 2000 was a tazgeted business. In addition, because of Yhe 4 month delay in prosecuting these allegations, and since Dinner Club 2000 fired Talon Security after the lasi Councii meeting, and relafionships deteriorated, fliey could not produce the actual witness who worked at the door, greatly prejudicing tlieir defense. With alI � due respect to the Adininistrative Law Judge below, he erred in his determina,tion of facts and credibility deternninations. The LIEP has the burden of proof and failed to meet this burden, and the immunity given to the witnesses and the fact that one of them is suing Dinner Club 2000 makes the case reek ofunfaimess and non-ctedibility. TV PROPOSAL AND CONCLUSION For these reasons, on behalf of Mr. Aang and Club 2000, we respectfully ask that the Council impose one of the following in Iieu of the currenl recommendaTion: • That no action a�ainst Dinner Club 2000's ticense be taken at this time, and any admonition by the Council for this atIeged offense should be incorporated under the Council's last action taken mazch 28, 2001. � That a stayed suspension be irnposed, with a fine. � That the guideline penalry under the penalty matrix be imposed. • Any other action will result in immediate appeal by Dinner Club 2000. � Thank you for your consideration, Respectfully yours, KEL Y & FAWCETT, P.A. / G��! � -`��----� Robert Fowler Enciosures Cc: Council Members Mayor Norm Coleman Virginia PaImer, Esq. Mr. Pao Hang � Di-12-10 Ok'FTCE OF ADNIINISTRATIVE HEARINGS ROR THE COUNCLL OF � THE CITY OF S.AI?1T PAUL AFFIDAVTT OF In Re the Licenses Iield by Dinner Club 2000, Inc. ROBERT J. FOWLER STATE OF MI2QNESOTA ) ) ss. COIJNTY OF RAMSEY ) Robert J. Fowler, being first duly swom upon oath, deposes and states as follows: 1. My name is Robert 7. Fowler, and I am an attorney at the law firm of Kelly & Fawcett, P.A. The firm of Kelly & Fawcett, P.A. represents Dinner Ciub 2000 in licensing and othex matters, and I am the attorney assigned to this license revocation hearing. 2. Upon infozmation and belief, the City of St. Paul Police Department, the Office of License, Inspections and Environmentai Protection (LIEP) of the City of St. Paul, and the City of St. � Paul City Attomey's Office are all subordinate entities of the govemmental unit of the City of St. Paul. Specifically, the City of St. Paui Police Department and the LIEP both utilized the City of St. Paul City Ariorney's Office as flieir legal representative. Upon infonnatiott and belief, the City of St. Paul City Attomey's Office is the prosecuting authority fox cases arising out of St. Paul and is legal representafive to the City of 8t. Paul Police Deparixnent and prosecutes cases that the police department has investigated. Further, the City Attorney's Office of the City of St. Paul is the legal representarive of the LIEP on license revocation matters. 3. As a frequent practitaoner in the area of municipal, criminal, and data practices law, I can find i10 authority for the proposition claimed to be taYen by the City of St. Paul Police Deparhnent, that sharing documentation with its own legal representative would be prohibited by the Data Practices Act. Specifically, Minnesota Statufes Chapter 13, referred to as the Data Practices Act, expressIy indicates that unless otherwise classified, a11 governmental data is presusned to be puhlic. 4. Upon my recollection, testimony by the representative of the LIEP that testified at the hearing in the abov�captioned matter contradicted the Affidavit of Virginia D. Palmer with respect to the dates and times the St. Paul Police Department has clauned to have not provided police reports because of a chan?e in policy. � 5. Cantrary to pazagraph 12 of ti7e Affidavit of Virginia D. Palmer, Dinner Club 2000 was severeIy prejudice by ttte delay of tbe govenunental unit of the Gity of St. PauI in prosecuting this alleged iicense violation. rouz whole months had passed from the time of � the alleged incident and the date on wiuch my client Dinner Club 2Q00 firsf received a copy of the alieged violation or any nofice thereof. Shortly after the alieged incident accurred, upon its own voution in choosing, Dinner Club 2000 terminated its relationship with ti�e security personnel aIle�ed fo be involved in the alleged incident. Dinner Club 2Q00 decided to hire its own security personnel as full-time empioyeas. Furthermore, in late Apri12001, Dinner Club 2000 suffered an extreme loss due to the fTooding of approacimately 60,000 gallons of raw sewage into its basement. This inczdent resulted in the loss ofmany nnportant business records. Further, contrary to what is a1le�ed in paz �¢raph 12 of the Affidavit of Virginia D. Palmer, the securiry personnel utilized by Dinner Club 2000 at the tune of the alleged iacident were not employees of Dinner C1ub 2000. Also, relations with Talon Securiry, a fortner security company utilized as an independent contractor by Dinner CIub 2000, has subsequently deteriorated. Attexnpts to retrieve records for the time period in question of ttvs alleged incident were unsuccessful. Lastly, because the two witnesses for Dinner Club Z000 fhat testified at the hearing were not made aware of the charges in any form until 7uty 2001, faur rnonths after the alleged incident, their ability to recall facts would have been more complete had Ms. Palmer and/or the City of St. Paui as a whole, promptly prosecuted ttus a2leged license violation. � 6. Despite Ms. Palmer's leave of absence of over one month, from Ivtay 7, 20q1, fhrough Juae 18, 2002, the City of St. Paui had an obligafion to provide another qualified attomey to take over ti�e responsibilities_inherant with the LIEP office. There is no evidence that anyone reviewed or otherwise moved this case along during that silc week periocL Specifically, desgite the claim in paragraph 14 of the Affidavit of Virginia D. Palmer, stating that she kad on a prior occasion alIowed Dinner Club 2000 to consolidate matters, it is not evidence of good faith, it is merely her obligation under the St. Panl City Code, 7. Contrary to pazagraph 15 of the Affidavit of Virginia D. Palmer, tke licensae while not �uaranteed to kave any additional penalry beyond the license suspension it received, it is cleaz that the iicansee would not be faciag a 45-day recommendation for suspenszon in addition to the suspensian that was handed down on March 28, 2001, by the City of St. Paul City CounciL The reaIity is that Dinner Club 2000 now faces serial violations and multiple recommendations, whereas, had the City of St Paul not violated rimy clienYs due process rights by untimely an@ unlawfully withholding inforcnatian contrary to tiie Data Practices ' s it w, ,,,�ould have faced only one adverse recommendation. 2 � o I-I 2jo � 8. Subsequent to the hearing before your honor on the above-captioned matter, I d%scussed this case with another attorney from my office, Mr. Sia Lo. Mr. Lo had then informed me upon hearing of tlwe names of the witnesses called against Dinner Club 2000 that said individuai had in-fact made a civil claim against Dinner Club 2000 prior to testifying at the heazing in quesrion. Attached as E�ibit A is a copy ofthe Notice of CIaim prepared on behalf of the witness, by Mr. Blong's attorney. I was unawaze prior to the hearing because of the fact that Mr. Lo had handled this particulaz claim for tbe firm. However, I am respectfully submitting it now as it is further evidence of the bias and motive to fabricate that fhe witness, Mr. Blong, had at the time of the hearing. 9. Delay from the date of the incident aileged to the date of the hearing, was in no way the fault ofDinner Ciub 2000 or tt�rough its attorneys, both myself and those at KelIy & Fawcett, P.A. Further your Af'fiant sayeth not. � Dated: � ° ��/ i Subscribed and sworn to before me this 18th da�f September, 20d1 / � � � � � � �, ,�/ ��/ Robert 7_ Fowler • SRN[1R,4d.HIGGS � �' NDTARYp(JBLIC—MiNNESDTA MY C7rt¢n. E7�ites Jan. 37, 2005 � S e F` U E � U E A T T O R N E Y AT L A- W LlCEASED 1N N A1U ::�;SCOMulN 7EL£PHONE (B$1� �Q2•3j�s FASCIMILE (651) 6&5-9388 EMP[RE BDILDER CENTER 23 EMPIR£ DRIVE, SUlTE 102 SAINTPAUI, MINNESOTA55iQ3 Aprii 18, 200I ATT�t: Manager 73u�ner Club 2QC�Q New M;11enn;;:m Nip,nt Club M1 t 17, `_'3::�:�acc^ �t :e;`� �t Paui, cU1N 55106 Deaz Sir or ivladam; � EMAtL ADDRESS: vuela�rm@jusfice.ctim Please �e advised that tius iaw firm hss been retainad by Blong Vang and his faznily rcgarding th� incident on Nraroh 24, 2001. Oa said inci3ent, Mr, b'ang �Seac�bly czme i� } club to loek for his sister. He was severeIp attacked and beafen by yosxc ser_u.ity guards. ?�fr, Vang did not proroke the guards nor disturb �ny of your customers. T}�is incident oecurrnd attd witnessed by many of your customers, He was attar,ked a�zd beatan not only inside your club buf when laid unconscious hr, u�as dragge3 out by the guards and doae more a�taccking in the parking lo�. As a result, Blong Vang was saen at fhe hospital in the emergency room. He had and will conYiaue Eo have m�dicat costs and wage }oss. 1'ou, as the owner, had or shoi:l� ttave be�,z a�ti�a*� af this incident and have failed to take the necessary steps to avoid a.ay iniury infIicte� to my ctient With this, my elient fias a claim against you. ��e-�ver, ifyou hav:; tiabai:�� inse�rance, I w��z,td appreciate y6� forwarding #his ietter te tt�..tes aad l�avc ��em co�taet ma ��ithin tFee neat f Q days o� this tetEer, f2ther�*ise, m,y elient w:t3 br��eg a suit againsf you and your caaagany �irectl3�, I Iook forward Yo hearinQ fram either you or yow insurance company soon. Sincere?y, Cc: Blong Vang F�,�e Vue, Artarney at Law � � E�:HIBIT A p)-IZ4D � Sec. 409.26. Iatoxicatiag liquor; noniatoxioatiag malt liquor; psesumptive penaltias. (aJ Purpose. The purpase of thia section is to establish a standard by which the city cauncil determines the length of license suspensions and the propriety oE revocations, and ahall apply to all on-sale and oPf-sals licensed premisea for both intoxicating liquor under this ehapter and nonintoxicating liquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist suhstant' 1 d � ia an comQelling reasons making it more appropriate to do so, When deviating from these the council shall provide written reasons that the penalty selected was more appropriate. atandards, specify why (b} Pxesumptive penaZties far violations. Adverse penalties for convictions ar violations shall be presumed as follows (unless specified, numbers below indicate consecutive days� suspensinn): Appearance Type nf � lst � 2nd � 3rd � 4th Violatio n cz� t21 (3 ) ia) t5) f6J Commissi Revocati NA on of a on felony related to the Iicenaed activity Sale of Revocati NA alcohol on beverege s while license is under I suspensi , on. �'Sale of Fine Fzne alcoholi c beverage s to underage person. Sale of Fine Fine alcoholi c beverage to intoxica ted erson. After Fiae 6 hours sale of alCOholi c beverage s . After Fine 4 hours display or c beverage ISA NA m � Up to 1B � Revacati on Up ta 18 � Revocati on ES] 12 Revacati on Revocati on � r L_J � _ _ . , �.., . � c�c � � '.UC �� - � 2l0 � � f7) Re£usal 5 15 Revocati NA to allow on city inspecto rs ar poZice aflmissio n to inagect premises t8� Illegal Fine 6 18 Revocati gambling an on premises (9) Failure Fine 4 12 RevoCati to take on reasonab le steps to stop person from leaving premises with alcoholi C beverage (10} Failure Fine 6 18 Revocati to make applicat on ion for license renewal prior to license expirati on date. (11) Sale of Fine 6 18 Revocati intaxica on ting liquor where only license is for nonintox ieating liquor. (12} Failure 10 Revocati NA NA to on comply with statutor y, and ordinanc e requirem ents for liabilit Y insuranc e. For those viol�tions which occur in on-sale intoxicating liquor establishments listed above in numbers (3}, (4), (5), ts) (8?, (91, Il0) and {111, which would be a first appearance not involving multiple vioZaCians, a fine shall be imgos2d accordiag to the following schedule. For thoae violatians which occur in os�-sale intoxicating liquor establishments liatec3 above in numbers (3) and {q), which would be a second appearance not involving multiple violations, the £ine amounts set forth below shalZ be doubled. Seating capacity 0--149 , . . , $ 500.00 Seating capacity 250 anc3 over ..., 1,OOO.aO For those vio2ations which occur in off-sale intaxicating liquor establishments listed above in numbers (3), (4), (5), (6), IO) and (11), which wauld be a£irst appearance not involving multiple vso ' ' be imposed according �o the following schedule, based on the square footage retail area of the establishment, For those violations which occur in off-sale iatoxicating liquor establishments listed above in numbers (3} and (4), which would be a second appearance not involv3ng multiple violations, the fine amounts set forth below � �"� L� o►�i2./U �� shall be dovhlefl. b,000 square feet or less 5,001 square feet or more $ 5D0.00 . . 2,OOD.00 A liceneee who would be making a first appearance befare the council may elect ta pay the fine to the Office of License, Inspections and Environmentel Protection withaut an appearance before the council, unZess the notice of violatian has indicated that a hearing is required because of circumstancea which may warrant deviation from the presumptive penalty. Payment of the recommended fine will be considered to be a waiver Qf the hearing to which the Iicenaee is entitled, and shall be considered an ^appearance^ for the purposa of determining presumptive penalties Eor subsequent violations. {c) Multiple violatzons. At a licensee's fizst appearanc� before the city council, the council shall considez and act upon all the violations that have been alleged andJor incorporated in the notices sent to the licensee under the administrative pracedures act up to and incZuding the formal notice of hearing. The council in that case shall consider the presumptive penaity for each such violation under the "1" Appearance" column in paragraph (b) above. The occurrence of•multip2e violations shall be grounds for departure fsom such penalties in the council�s discretio n . � �. �' Violatione occurring after the date of the notice of hearing�� F'that ara brought to the attentian of the city attorney grior to � � the hearing date befoxe an administrative law judge {ar before the cauncil in an uncontested facts hearing} may be added to the l notice(s) by stipulation if the liceneee admits to the facts, and shall in that case � treated as thou_ g_h�art af the �'1'` A earance.�� In all othe caaes, violations occurring after Lhe date o e formal notice of hearing shall be the sv.bject of a separate proceeding and dealt with as a"2° Appearance" before the council. The same procedures ahall apply to a second, third ar fourth appearance before the council. td} Subaequent appearances. Upon a second, third ox fourth apgearanoe befoxe the council by a particular licensee, the council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the f' (e) appearance. arst or prior Computati.on of time: (I) If a licensee appears bafore the council for any violation in paragraph (b) where that violation has occurred within twelve (12j calendar manths after the first appearance of the same Iicenaee for a violation � listed in paragraph {b) above, the cuxrent agpearance shall be treated as a aeaond appearance for the purpose of determining the presumptive penalty. (2) If a 1�censae has appeared before the council an two {Z) previous occasiaas, both for violations listed in paragraph (b) a�ove, and if said licensee again appears before the council far a violation listed in said paragragh (b), and if the cuxrent violation occurred within eighteen (18) calendar months of the violation that gave rise to the £irst appearance before the council, then the current appearance shall ba treated as a third appearance for the purpase af determining presumptive penalty, {3) If a licensee has appeared before the councii on three (3) previous occaeions, eanh €or violation listed in paragraph (b) above, and if said licensee again appears before the council for a violation listed in paragraph (b) above, and if the current violation occurred within thirty (30) calendar months of the violation that gave rise to the first appearance, then the current appearance shall be treated as a fourth appearance for the purpose of determining the presumptive penalty. {4) Any appearance not covered hy subsectiona (17, (21 or � (3) above shall be treated as a first appearance_ In case of multigle violations in any appearance, the date to be used to measure whether twelve I12), eighteen (18}, or thirty (30) months have elapsed shall be the date of the violatian Iast in time at the firat appearance, and the date of the violation first in time at any subseuuent appearance. t�} Other pena2ties. Nathing i.n this section shall restrict or limit the authority of the council to suapend up to sixty (60) days, revoke the license, or impose a civil fine not tc exceed twa thousand do].lars ($2,000.00), to impose conditions or take any other adverse action in accordance with law, provided, tYtat the license holder has been afforded an opportunity for a hearing in the mannar provided for in section 3IO.Q5 of this Code. tg) Effect of responsible bueiness practices in determininq pena '' a ro riate penalty, the council �y, in its discretion, conaider evidence s mz e the case of uncontested adverse actione or submitted to a hearing examiner in a contested hearing upan which Pindings of fact have heen made that a licensee has fol2owed or is likely to follow in the future responsible busi.ness � ., ae� � :i,. _ . t'aJ_ .". i "� RT.'-0qy= . - ? c - c�_ 98 S�_ � . _�/_'.: br—/tl b practices in regard to sales to intoxicated persons and sales to minors. (1) For the purposea of service to intoxicated peraons, evidence of responsihle business practices may isiclude, but is not limited to, thase policies, procedures and actiona that are implemented at time of service and that: a. Encourage persons not to become intoxicated if they consume alcoholic Beverages on the defendant's premises; � c. Promote availability of nonalcoholic beverages and £ood; Promote safa transportation alzernatives other than driving while intoxicated; d. Prohibit employees and agents of de£endant from consuming alcoholic beverages while acting in their capacity as emplayees or agents; e. Establish promotions and marketing efforts that publicize responsible buainesa practices to the defendant�s custamers and community; � f 9 h i Implement comprehensive training procedures; Maintain an adequete, trained number of employees and agenta for the type and aize of defendant's business; Establieh a standardized method for hiring qva2ified employeea; Reprimand employees who violate employer policies and procedures; and j. Show that the licenaee has enrolled in recognized courses providing tzaining to self and one (1) or more employees of the licensed establishment in regard to atandards for responsible liquor service. (21 For the purposes of service to minors, evidence of responsibla business practices may include, but is not limited to, thoss listed in subsection {i) and the fol7.owing: a• Management policies that are implemented at the time of service and that ensure the examination of � law} all personslseekingeservicehaf alcoholic � . . �� .. _ . .� .,. . �!,ll I11 beverages who may reasonably be suspeeted to be minors; h. Comprehensive training of employees wha are � responsible for such e?camination regarding the detectian of false or altered identification; and c. Enrallment by the Iicensee in recagnizec3 courses providing training to seZf and one tl) or moze empioyees of the licansad establishment in regar@ to standarda for respansibla liquor service. (Ord. No. 17555, § 1, 4-28-86; Ord. No. 17657, § 14, 6-8-89; Drd. No. 17b75, § 1, 5-22-89; Ord. No. 17694, § 2, 11-7-89; Qrd. No, 17756. � 1, 8-7-90; Ord. 2do. 17924. §§ 2, 3, 5-7-92: C.F. NO_ 92- Z9�9, � 1, 2-9-93; C.F. No. 4?-1445, § 1, 12-3D-97; C.F. No. 98- 86b, § 1, 11-9-98j � � TOTAL P.13 � Kell� 8� Fav�cett P.A. A T T O R N fi Y S AT L A W 2350 U.S. BANCORP PIPER IAFFftAY PLAZA 444 CEDAR STREET SAINT PAIJL, MN Si101 PATI23CK 7. KE1LY SONGLOFAWC£1T S7EPtffiNKEIS.Y SIh 3A CHAD D. LE1.9.fONS KATHi.EEN M. IAUCKS ROEERT7. FOPILER O►' I Z(o orco,m��: IOHN F. BANHIGAN, IR MCGUIGAN &'FIOLLY. P.LC. (6S3) 2243781 Fdcsirtn7e (651) 223-80]9 E-Mail: kelfawcettQqwest.net Ms. Virginia D. Palmer Assistant City Attomey Cieil Division 400 City Hall 15 West Kellogg Blvd. St. Paul, MN SSIQ2 RE: Club 2UQQ July 25, 2001 Alleged Violation on March 24, 2001 � Dear Ms. Palmer: We contest the facts related to the March 24, 2041 alleged violation. Thus, we axe requesting an evidentiary hearing before ALJ. At that hearing, we contend that because Club 2000 went before the council on March 28, 2001, and the violation was to have occurred four days prior to the hearing, Club 2000 had a right to have this hearing consolidated with the March 28, 2001 hearing with no additional penalty. Thus, we wili argue that you are estopped from bringing this new alleged violation in the first place andlor using it as a violation for the conditions placed on Club 2000 at the last hearing, because you failed to bringing it during our last hearing. I look fonvard to your response in the near future. In the mean rime if you have any questions, feel free to contact me anytime. RJF:tlf Respectfully yours, KELLY & �AWCETT, P.A. r��.t�✓� f ��I;�..� Robert J. Fowl� f �� r N 0 O W R o �o � m o A ��N � a �o 1.' 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U L 00 O[yj G'O'N NO"p �(p0 NF 00 N N � N"' � ^ � � � 00� �� V -J Q� �O �M 0] c_� N � n �"m°oo: �o oE °, c� r-n_c�LEc�v 1� c0 N c0 C E v� N "6 �'- 00 UO Q� � U9 N'ad (p � Nm U �� mao �n�o� , . `_' c�_ �" _ . . �_!G� bl-ft}o City of Saint Paul City Attorney's Office � 400 City Hall Saint Paul, Minnesota 551o2 FAX #: 298-5619 FA}C TRANSMITTAL COVER SHEET DATE: Septemb�Y 6, 2001 TO: Robert J. Fowler Kelly & Fawcett, P.A. FROM: Peter Pangborn St. Paul City Attorney'e Office NUM3ER OF PAGES (INCLUDING COVER SHEET): 5 CoN[MENTS: Aa requested in your letter of September 4, 2001, attached please find a copy of the police report for the March 24, 2001 incident at Dinner Club 200D. � C�NFIpENTIAI,ITY NOTICE- THE DOCUMENT(S} ACCOMP��SI'ING THIS FAX CONTAIN CONFIDENTIAL INFORMATION WHZCH IS LEGALLY PRIVILEGED. THE INFORMATION IS INTENDEII ONLY fi01? TIiE USE OF THE IN?'BN7�ED RECIPI$b7'j' NAMED ABOVE, IF YOU ARE NOT THE INTENDED RECZPIENT, YOt3 ARE HERESY NOTSFIED THAT ANY DISCLOSURE, COPYING, DISTRISUTIUN OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTEN'I'S OF THIS TELECpPIEp INFORMATIDN EXCEPT ITS DIRECT DELIVERY TO THE INTEI3llED RECIPIENT NAMBD ABptIE IS STRICTLY PROHIHITED. IF YDU HAVE RECEIVED THIS FAX IId ERROR, PLEASE I30TTFY t3S IMMEDIATELY BY TELfiPHOISE TO ARRANGg FQR RETURN OF TFiS pRTGI1VTAS� DOCUMENTS TO US. � � �� p Samt aui Police Departmsnt Pa9� °� �RIGINAL OFFENSE J INCIDENT REPORT f' Comp/sfnt Nu�nber Refe�ence C. N. Primary oftanse Date and Time nf Re 01-056572 ASSAULT, MISDEMEANOR 03/24/2001 01:°, PrimaryRepa�ting D(fice� JE.NN{FER L oD�iVN�LL CrimaryoAense deta7C Pmnary squad: 376 Secnndery repating officer, oisdkc EASTERN ( ERSTERN DISTRiCT } Se¢ondary offensa: Lacation afincident: 1177 CLARENCE ST NamgoffocstionPousiness: 'F�'�.l"<<IU�/ `�"""U v '� Dsfe & time W orcurance.' 0312412001 00;45 Arrest mede7 Dem 8 tlme Of �rtest POLlCE PERSONNEL lNVOl.VED Mest matle on view. Piusuit engaged; Masf inede on warrant or pfevfous CN: Weapons used by po/ice: WeaOOns usod 6y suspeM e! time af arrpst Resistartee encoutttered: CHARGES (NONE} NAMES YICTfM � 155 BURR ST ' STPAUL MN 551Qt � physrca! Description Phnnes sex MqLE He�nc 6-g Ha;rcwor Nome phone 657-771-6910 Race B(ACK Hrspanic Ooe D4/tOH980 Age 20 we;ghr 2D0 auira HEAVY Skln BA4WN - LlGHT xair Type Ha�r Length Facial Hai� Phqslca7 CondiBon EmA�oyment Consciausnass Occupafion Orug/alrohW use INTOXICA7EI7 Employer VlCTttN VAIVG, LILY t 156 BURR ST STPAUL MN 551a1 Ph sicsl Descriptinn Phones sex FEMALE Ne;ght - �_,�� Nome phona 551-777-fi91Q Race ASIAN Nispanic DO& 47lD5119$2 AAe 1$ wetBM 110 eui�d $LENDER sktn BRQWN • UGHT Heir Type Nair Length Facis(Hair �T�L '�"F O M. �CC� � L G...n"� 1��" ` ' 7� „ � _. � :��_ e.: ,_ :�9�_ _ _ .! - ...,_ 2'�a-a6_� � .e.�'�5 a � Saint Paul Police Deparkment paee z �' ORiGlNAL OFFENSE / INCIDENT �.EP�RT °'` �Z'a Compf�n! Nurrber Reference GN. Primaryoffense Da2e antl Time �tRepoR `1-0565�2 ASSAUIT, MISQEMEANOR 03/24/2001 01:57 Phyalta/ CnndiSon Employmen! Cansriausness OccupaYon DniglalmMt use Emp�oyer 1855 7tH ST E#11 STPAUL MN 557 i 9 vbysica�Descripilon phones Sax FEMALE Height Har�Cda Home phone 651-731•5472 Race WHITE wa7ght xairrype tirspanic Auild Hai�Lenflth DOB O6/19/198Q Sk)n Faciel Hair aeQ 20 Phystea7 Cortditian E Cansciausness Occupsfion IIruglateohol usa Fmpioyer � 795 EDMUND ST STPAlJL MN $b104 Physical Descf,pLnn Qhnnas sexMALE Neight HairCclo� Homs phane 651-228-1777 RaCe ASlAN Weigh! Hai�Type Nispanit HuiM NairLangth DOB p312311983 Skin 8F2pWN - LIGNT FaciarHair Age 16 Physicaf Condifion Fmp/oymant Consciousness Occupation druglatcphy uss Em0/oyer 1355 FARftiNGTON ST #210 STPAUI MN 55117 Physica! Descripdon Phones Ser FEMALE ttelght HairCotor Nome phone fi51-487-fi860 Race WHfTE waight HabType � � Nispanic 8uild HairLengtn Doe OTli3(t983 Sxin PaciarHair ` age 18 F �{. P.ti.. PQ �. Camplairtf Numoer 01-�56572 Saint Paul Police Department Pa42 s QRtGINAL OFFENSE / iNCIQENT REPQRT Relerence C.N. Primary offense Dala and Tima af RaPnrt ASSAULT, MISDEMEANOR 03/24/2Q01 01: Physicai Cond�lYort Employmen[ � Consciausrtess OccvrpaUon pn,g/alcohnt use Employet CRIME SGENE DESCRIPTORS CNme Scene Method 8 Polrtf ofErt6y Type QCSC+lptiOn Fo�ce ussv NOT FORCED Aoint oI entry Method PR4PERTY (NONE} VEH{CLE INFORMATiON (NONE) SOLVA6ILITY FACTORS Can suspect 6o identified7 Crime scer�e procassad? ➢hotos taken? Can be idert�ed Cy Evideoce tumed ts stahn prope2y iracea6le? Froperfy Wmed in? NARRATfYE SQD. 376 (,t. O'pONNELL) WAS SENT TO 640 JACKSON, REGlON5 HOSPITAL. ON A1V ASSAULT THAT OCCURRED AT 1177 CLRRENCE, CLUB 2a04. ( SPOKE TO THE FOLlOWING PEOPLE; 1) LILY VANG (DOB 07-Q5-82) 2,) JESSICA LEE OLDENBURG (DOB 06-�9-BO) 3j QENNIES VANG (DOB 03-23-83) 4) MAQ VANG (QOB �i-i3-$3). LtLY 5TATEa SHE WAS LEAVIM1iG THE BAR W JTH THE ABObE PEOPLE AfJD HER BROTHER, BLQNG VANG {DOB 04-70-BO). L{LY STATED SHE WAS ARGLJING WITH BLONG AS THEY WERE WAi.KiNG OUT. LILY S7ATED ONE OF THE SECURI'i'Y GUARDS "VlCTOR" (M/M, 5'4, ZDO L$S, 30-40 YEARS OF AGE). PLASHED H!5 FLASHLlGHT AT TFiEM THEN PUSHED HER AND BLONG OUT THE DOOR. LII.Y &TA7£D ONCE QUTSIDE "VICTOR" AN� A.P107HER SECURITY GUARD (AIM, 5'2, 130 LBS, 29 YEARS OF AGE) ASSAULTED HER. LtLY STATEO "VICTOR" PUhICHE� HER IfV THE MQUTH AN� TIiE A!M SECURITY GUAR� CtiOKED HER. LILY STATEQ SHE WAS NOT INJUREp. MAO GAVE TNE SAME STORY AS LILY. JESSICA STATED AS SHE WAS WALKING OUT WITH L1LY AND BLONG, TWD SECURITY GUARDS (#1- W/M, S'-6'Z,,230, CHUBBY, BLOND SHRVE� HEAD, !N H!S 30'S AIVD #2- NM, $ . HAIR PllSHED BLONG AND LILY. JESSlCA S7ATED BLONG PUSHEO ONE �F THE SECURITY GUAR IM Ot)7 OF TiiE WAY. THE PUSHED HIM TO AN AREA WHERE TNERE WERE NO PEflPLE. JESSICA THEY THEN PUNCHED HIM AND PUSHED H!M TO THE GROUND AND REFUS�d TO LET H(M UP. JE5SlCA STATED THEY MACEQ HlM, PUNGHED HiM REPEATEDLY AND HI7 HIM W ITH THElR NIGHT STICKS. DENNIES GAVE THE SAME STORY AS JESSICA. � JESSICA RNQ QERlNIES STATE� THEY HP.D TQ CP,RRY BLONG Td THEIR CAR. JESSICA - STA7EQ SLONG WAS COYERED IN BLOOD AND THROWtNG UP BLO00. JESStCA TRANSPpRTEQ BLONG TO REGIONS. o —n cu� �•C� � vaJ � � , , ES'_ 2�8 ;c�9 �.��'�S Saint Paui Police Departmant pa9� 4 � ' ORtGtNAL QFFENSE / tNClDENT i�EPORT ° "+"'�'b Campreinr Number Reference C.N. Primary offense Date and Trma a/ ReAOd �1-056572 ASSAULT, MISDEMEANOR 03/24l2001 01:57 JESSfCA STATED ALL THE SECURITY GUYS WEF2E SPRAYING THE GRaWD W{TH MAGE. JESSICA STATED NO 013E WAS FiGHTING WHEN THE MACE WAS BE[NG SPRAYEO. 1 ATTEMPTED TO TALK TQ BLONG 8UT HE WAS VERY INTOXfCATED AND INt;OHERENT. I COLJLDN'T GET HIM TO ANSWER ANY QUESTIONS. BLONG HAD SdME LACERATIONS AND ABRASIONS ON H15 FACE. A DOCTOR 5'fATED BLONG WDULU NEED A FEW STITCHES UNDER NIS NOSE. SQD. 34�0 (HAZELETT} TOOK PICTURES. (SEE HIS SUPPLEMENT). t WAS UNABLE TO GET BLONG TO SI(3N A MEDICAL RELEASE FORM. , �... ;iES� StOiVG',f3RS7 ENT,ERED,'i'fiEB�R.1l.W/N..(30;5. LIGFI�.�tO�'D 1iAtRrrac,t�caz,�,�.,,,;:nn�r:s.�-�G:`(afd{3 JESSICA'�'P:�/E �'FHEIv! T1�.ERE ID'S 1ALh4ICM STP,'fED a'FIEY'WEFtE"Bl7TN 7D: TfiE"WIfN'fHEN PUTPit�1<'�1+121ST BAP�IDS ON' �` THEM, T3iEYL1R�.Q�;��p �(�i�K>' JESSiCA'&7AS.F�s"„Y.�kI�E YQI� DOIidG" AND 7k�E W/M STATED ".MAVE-AGpOD NIGHT". JESSICA`D14NT 6RIIVK 8UT s BtQNG DiD. . + JESS(CA, �iLY, pENN4ES, ANO MAO ALL STATED THEY COULD fDENTiFY THE SLISPECTS IF SEEN AGAIN. JESS4CA CAN ALSO IDENTtFY THE PERSON THAT CAFtpED HER. PLEASE FORWARD A COPY pF THIS REPORT TO VICE. � 'lease distribuYe to: �.CFiF �Hom _._„Sex _Q/C �CO �Rptr _Rob ____Juv �Oper _Burg ` Theft _Prop _Vice _Narco _SIU _PSC _CAU �TSA „ _,F&F _Other _Rec 7e� �Rut� TOTRL P.05 OFFICE OF THE CITY ATTORIvTEY Clay[on M Robin4on, Jn, City Attorney CITY OF SAINT PAUL c,�rD;,�;sron Norm Coleman, Mayor 400 Ciry Xalt l3 West KelloggBlvd. Snirtt Paul, Mirsnesota 55102 i September 25, 2001 NOTICE OF COUNCII. AEARING Robert J. Fowler Keily & Fawcett, P.A. Attomeys at I.aw 235Q Piper Jaffray P1aza 444 Cedar Sh�eet Sainf Paul, Minnesota 55101 RE: On-Sale Liquor License held by Dinner Club 2000. Inc., d/bfa Dinner CIub 2000 for the premises at 1177 Clarence Street in Saint Paul License ID #: 990005357 Deaz Mr. Fowler: Please take notice that a hearing on the report of the Adininistrative Law Judge conceming the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, October 24, 2001, in the Ciry Council Chambers, Third Floor, Saint Pau1 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 kours. You may also present oral or written argumenT to the council aY the Hearing. No new evidence wiIl be received or testimony taken at this hearing. The Councii will base its decision on Yhe record of the proceec3ings before the Administrative Law Judge and on the argaments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by iaw in the exercise of its judgement and discretion. Sincerely, Virginia D. Paimer Assistant City Attorney � TeZephone: 65] 266-8710� Fncsimile: 6il 298-5619 cc: Nancy Anderson, Assistant Council Secretary, 310 City Ha11 � Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Shenvood Ave., St. Paul, MN 55119-3230