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271501 WHITE - CITV GLERK /�� ��� PfNK - FINANCE COUIICll �� CANARV -DEPAR7ME G I TY F SA I NT PA U L Flle NO. BLUE j�.IAVOR � i - o cil Resolution Presented By r ` Referred To � Committee: Date Out of Committee By Date WHEREAS, John Cain, d/b/a Cain' s Overdrive, 756 Jackson Street, Saint Paul, is the holder of an On-Sale Liquor License No. 9415; and WHEREAS, Joseph F. Carchedi, License Inspector, recommended suspension of said license on the following grounds: 1. January 7, 1978 - You and/or an employee. permitted a `A�,�,4 person and/or persons to remain on the premises and/or also permitted the consumption or display of intoxi- cating liquors after closing hours; and 2. June 3, 1978 - You and/or an employee permitted a person and/or persons to remain on the premises and/ or also permitted the consumption .or display of in- toxicating liquors after closing hours; and WHEREAS, The recommendation and grounds for the recommendation were communicated to the licensee in writing by certified letter on June 16, 1978; and WHEREAS, a hearing was scheduled for July 5, 1978, before the License Committee, at which time Mr. Cain appeared and requested a continuance in order to obtain counsel; and WHEREAS, a hearing was held before the License Committee on July 19, 1978, at or after 9:00 a.m. , at which Mr. Cain appeared personally and by his attorney, Wayne Belisle; and COUNCILMEN Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt L.evine __ Against BY — Maddox Showalter Tedesco Form A pprove by City Attorney Adopted by Council: Date _ '^ Certified Passed by Council Secretary BY V� By Approved by IVtavor: Date _ Approved by Mayor for Submission to Council BY - — BY `NHITE - CITY CI,ERK �~�� ��� PINK - FINANGE C I TY O F SA I NT PA LT L Council t CANARV - DEPARTMENT BLUE . -�MAVOR File NO. �. . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 2. WHEREAS, at such hearing police officers appeared and were .pre- pared to testify regarding the violations, however, Mr. Belisle stipulated that the facts as contained in the police reports were true; and WI�REAS, the police reports were introduced into evidence, and no evidence was offered on behalf of the licensee; and WI�REAS, the police indicated that on both January 7, 1978, and June 3, 1978, persons other than employees were on the licensed premises after 2:00 a.m. , and that those persons, as well as em- ployees, were displaying and consuming intoxicating liquor at the time; and WHEREAS, the Lic�nse Committee by a vote of 2-0 voted to rec- ommend to the Councz�: af the CitY of Saint: Faul that the On-Sale liquor license be suspended for a period of one day, after receiving the exhibits and listening to arguments; and WHEREAS, a copy of this resolution as reported by the License Committee has been mailed to the licensee and his attorney prior to its consideration by the Council; now, therefore, be it RESOLVED, That On-Sale Intoxicating Liquor License No. 9415, held by John Cain d/7�/a Cain' s Overdrive, is hereby suspended for one day, which will be the first Sunday after passage, approval and publication. COUNCILMEN . Requested by Department of: Yeas Nays Butler � In Favor Hozza Hunt Levine _ a __ Against BY — Maddox Showalter Tedesco ,JU� '� � �� Form Approved by City Attorney Adopted b � ncil: Date Cer ied Pass y Council Secre�►ary BY � sy t�ppro 1�lavor: Date � ��. 2,7 �97� Approved by Mayor for Submission to Council sy _ Bv PUBIiSHED AUG 5 ��`�