96-1579 �3 f'1 � � � A � �; � Council File # ��\�� `
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� � Green Sheet # �U Z��
RESOLUTION
CITY O S INT PAUL, MINNESOTA ��
r
Presented By
Referred To Committee: Date
1
2
3
4
5 WHEREAS, the City of Saint Paul, Office of License, Inspections and Environmental
6 Protection (LIEP) initiated adverse action against the license application of Ra.ymond Hessler,
7 d/b/a Smith Avenue Rental Hall, 627 South Smith Avenue, Saint Paul, MN, seeking
8 conditions to be placed on the license, with neighbors seeking denial of the license
9 application; and
10
11 WHEREAS, an administrative hearing was held before Administrative Law Judge
12 Richard Mosman on October 29, 1996, with David Essling, Esq. appearing on behalf of the
13 license applicant and Virginia D. Palmer, Esq., appearing on behalf of LIEP; and
14
15 WHEREAS, at the administrative hearing LIEP took the position that the license
16 should be denied because the applicant had rented the Hall during the pendency of the license
17 application, and therefore operated without a license, and a hearing was held, each party
18 submitting oral testimony and documents into the record at the hearing, with the matter being
19 taken under advisement; and
20
21 WHEREAS, the administrative law judge in his Findings of Fact, Conclusions of Law
22 and Recommendation found that the applicant had demonstrated that he was of good moral
23 character and met the minimum qualifications for the issuance of the Class III license for a
24 Dance/Rental Hall; and
25
26 WHEREAS, the administrative law judge further concluded that the conditions initially
27 sought by LIEP would be adequate to protect neighbors from problems with noise, traffic and
28 parking problems and disorderly conduct by patrons of the Hall; and
29
30 WHEREAS, at a public hearing on December 4, 1996 to consider the
31 Recommendations of the Administrative Law Judge, the license applicant's spouse appeared
32 and presented testimony on the recommendation, and agreed to some suggested changes and
33 additions in the conditions initially recommended; now, therefore, be it
34
35 RESOLVED, that the Council of the City of Saint Paul, after due deliberation based
36 upon all of the files, records and proceedings herein, including the documents and e�chibits
37 submitted to the Administrative Law Judge, the adoption of the ALJ's Findings, Conclusions
38 and Recommendation issued subsequent thereto and the arguments of the license applicant's
39 representative at the public hearing, does hereby order:
40
41 1. That the Findings, Conclusions and Recommendation of the Administrative Law
42 Judge shall be adopted and shall be attached hereto and incorporated herein by reference,
�l° ����
1 except that the conditions referred to in the Recommendation shall be amended as set fo
2 below.
3
4 2. That the application by Raymond Hessler d/b/a Smith Avenue Rental Hall, 6�7
5 South Smith Avenue, Saint Paul for a Class III Dance/Rental Hall license, be and the same
6 hereby is granted, subject to the following conditions:
7
8 a) The Hall and the entire licensed premises must be closed by 11:00 p.m. Sunday
9 through Thursday, and by midnight on Friday and Saturday, and no patrons, guests or
10 members of the public shall be on the licensed premises after the closing time.
11
12 b) The licensee, Raymond Hessler, shall be responsible for making sure that patrons,
13 guests and members of the public exiting the Hall do so in a quiet and orderly fashion, so as
14 to not disturb the adjacent neighbors.
15
16 c) The licensee, Raymond Hessler, shall be responsible for insuring that one or more
17 security persons are on duty at all functions taking place at the Hall. Said security sha11
18 remain until all patrons, guests and members of the public have left the area, and shall insure
19 that no one leaving the Hall loiters around or near the building.
20
21 d) The licensee, Raymond Hessler, shall provide a telephonic means to contact both
22 the licensee and the on-site manager at all times that the Ha11 is being used. The numbers for
23 contact are: on-site hall manager: 291-7167; Raymond Hessler, 228-1155, pager #908-1156;
24 Rental Hall phone #:298-1411.
25
26 e) There shall be no parking in the alley immediately south of the building by anyone
27 associated with the Hall. In addition, the City will enforce the no-parking ban for residents,
28 as well.
29
30 � The licensee, Raymond Hessler, shall be responsible for clean-up of the outside area
31 immediately adjacent to the Hall, on a daily basis.
32
33 g) There shall be no sale of liquor or beer to anyone on the premises at any time. The
34 City will consider the collection of an entry fee or admission charge or donation collected
35 when alcohol is being served or consumed on the premises to be a sale of alcohol and such
36 sale will be deemed a violation of this condition.
37
38 h) There shall be no sale, consumption or possession of liquor or beer on the part of
39 underage persons. The licensee, Ra.ymond Hessler, shall be responsible for adverse license
40 action if a minor sells, consumes or has in his/her possession any alcoholic beverage on the
41 premises.
42
43 i) No alcoholic beverages, including beer, spirits or wine, shall be taken outside the
44 Hall.
45
46 j) The licensee, Raymond Hessler, shall provide a list of all rentals on a monthly basis
47 to both the Office of LIEP and the Central Team Commander of the Saint Paul Police
48 Department.
49
50 k) The licensee shall provide a copy of the license conditions to all parties renting the
51 Hall and shall post a copy in a place visible to all patrons, guests and members of the public.
52
�to-��-tGt
1 1) The licensee has been advised of and is aware of the provisions of Chapter 267 of
2 the Saint Paul Legislative Code relating to the excessive consumption of police services, and
3 sha11 be subject to the provisions in the event of repeated police calls to the Hall to deal with
4 problems arising out of rental of the Hall.
5
6 m) Any violation of any of the foregoing conditions shall be grounds for adverse
7 action against all licenses held by the licensee, including suspension and revocation.
8
9
10 A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee and the
11 Administrative Law Judge.
..
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Form Approved by City Attorney
Adopted ot cil: Date .�, ZG,, i yy� �
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Adoption Certified y 1 Secretary By: �/ �_ � �
By�( �
Approved by Mayor for Submission to
Approved by ayor: Date ?j �l � Council
By: �"` �� BY�
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4d�40
O�MR�AENTIOFFICFI�COUNCII DATE INITIATED
LIEP GREEN SHEET
CONTACT PERSON 6 PHONE �DEPARTMENT DIRECTOR NITIAUDATE ❑CITY COUNCIL INITIAUDATE
Robert Kessler ASSIGN �CITYATfORNEY �CITYCLERK
NUMBER FOR
MU3T BE ON COUNCIL AOENDA BY(DATE) ROUTINp �BUDOET pIRECTOR �FIN.3 MRT.$�RVICE3 DIR,
ORDER MAYOR(OR AS3ISTANn
December 26, 1996 � ❑
TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUE3TED:
Finalizing City Council action taken on December 4, 1996 granting the application for a
license to Raymond Hessler, dba Smith Avenue Rental Hall, 627 South Smith Avenue.
RECOMMENDATIONS:Approve(A)or Re)ect(R) PERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUESTIONS:
_PLANNING COMMISSIQN _CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a�Mract for this department7
_CIB COMMITTEE _ YES NO
2. Has this person/firm ever been a city employee?
_3TAFF
— YES NO
_DISTRICT COUFiT _ 3. Ooes this person/firm possess a Skfll not normall
y possessed by any current city employeeT
BUPPORTB WHICH COUNCIL OBJECTIVEI YES NO
Explaln ell yes snswers on saparats shsst and attach to�resn shest
INITIATINO PROBLEM,133UE,OPPORTUNITY(Who,What,When,Where,Why):
ADVANTAGE3 IF APPROVED:
DISADVANTAOES IF APPROVED:
sv n i _
�e.,s6 7IJr� . _� �1 e.�,,.:c'..,.
DE� 1. 1 +���
_ ._. _._"..-ar
DISADVANTACiE3 IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION s COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDIWQ�SOURCE ACTIVITY NUMBER
FINANCIAL INFORWSATION:(EXPLAIN)
OFFICE OF THE CITY ATTORNEY��_��-14
T:motlry E. Marx, City Attorney
CITY OF SAINT PAUL Civil Division
Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710
15 West Kellogg Blvd. Facsimile: 612 298-5619
Saint Paul, �nnesota 55102
��
December 9, 1996
Nancy Anderson
310 City Hall
RE: Thursday, December 26, 1996 Council Hearing
Item for Consent Agenda:
1 . Smith Avenue Rental Hall
Nancy:
Attached are two resolutions relating to the Smith Avenue Rental
Hall; the first is the denial of a license to the Cameroon Group,
LLC, and the second is the conditional approval of a license to Mr.
Raymond Hessler, the property owner. Please schedule these for the
Consent Agenda for the Council Hearing on Thursday, December 26,
1996 .
Thank you.
Since ely
�
�'
Peter P. Pangbor �L��\
Paralegal
E:'�1�1��°�! �'?���►,��� �
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STATE OF MINNESOTA
.••''u�"••.. OFFICE OF ADMINISTRATIVE HEARINGS �� '� � ���
100 Washington Square, Suite 1700
100 Washington Avenue South
��. .ti•
Minneapolis, Minnesota 55401-2138
November 1 g, 1996
Fred Owusu
City Clerk
170 City Hall
15 W. Kellogg Blvd.
St. Paul, MN 55102
Re: In the Matter of the License Application of Raymond Hessler for
Rental at Smith Avenue Rental Hall; OAH Docket No. 62-2111-10764-3
Dear Mr. Owusu:
On November 15, 1996, Administrative Law Judge Mosman served the Findings
of Fact, Conclusions and Recommendation in the above-entitled matter. Enclosed is
the official record, including a copy of the tape recording of the hearing. Our file in this
matter is now being closed.
Very truly yours,
i;`� . �`G�fi�'�
���
ancy M. Thomas
Docket Clerk
Telephone: 612/341-7615
NT
Enc.
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative Law Section&Administrative Services(612)341-7600 �TDD No. (612)341-7346 � Fax No. (612)349-2665
q� -���q
AFFIDAVIT OF SERVICE
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
Richard A. Mosman of the city of New Brighton, County of Ramsey, State of
Minnesota deing duly sworn, says that on the 15 day of November,
1996, she/he served the annexed Order on Intervention upon:
City of St Paul West Side Organization
Attn: Ms. Virginia Palmer 625 Stryker Ave
400 City Hall St Paul, Minnesota 55107
15 W Kellogg Blvd
St Paul, Minnesota 55102 West Side Safe Neighborhood Council
Attn: Ms Sue Nipe
Mr. Raymond Hessler 209 W Page St.
% Mr. David Essling St Paul, Minnesota 55107
Attorney at Law
1217 W 7th St
St Paul, Minnesota 55102
Smith-Dodd Business Assn
Attn: Mr. Rick Aguilar
602 Smith Ave.
St Paul, Minnesota 55107
the parties or attorneys for the parties to the action herein, by mailing to the
named attorneys, and/or parties, copies thereof, enclosed in an envelope, first
class postage prepaid, and by depositing the same in the post office at
Richfield, Minnesota.
----1�'''-��-� /C� �
Richard A. Mosman
Subscribed and sworn to before me this
�,�"day of 1���.yr��,_ 19a1
;
_sl.1��1��1�.�-���-'-�'----
Notary Public
• �p��NNE,�SOTA
• DAICOTA COUNTY :�
•...• � My Commission Expires Jan.31,2000 ,
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' � OFFICE OF THE CI�uA�TORNEY
Timothy E. Marx, City Attorney �/_ � � G��
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CITY OF SAINT PALJL Civil Drvision
Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710
IS West Kellogg Blvd. Facsimile: 612 298-5619
Saint Paul, Minnesota 55102
�
November 5, 1996
The Honorable Richard Mossman
Administrative Law Judge
604 Richfield Bank
6625 Lyndale Avenue South
Richfield, MN 55423
RE : In the Matter of the License Application of Raymond Hessler
Dear Judge Mossman:
This matter is before you on the license application by
Raymond Hessler to operate a dance/rental hall pursuant to Saint
Paul Legislative Code §405 for the premises located at 627 South
Smith Avenue, Saint Paul, known as the Smith Avenue Rental Hall
( "Hall") . The property was originally owned by Shekinah Lodge No.
171, Ancient Free and Accepted Masons, and was sold on a contract
for deed to Raymond Hessler. Mr. Hessler operated the premises
until early 1994, when he sold it under a contract for deed to The
Cameroon Group. Cameroon Group operated the premises until early
in 1996 .
In July of 1995 the City of Saint Paul passed an ordinance
which required licenses for the operation of a public dance or
rental hall . The Office of License, Inspections and Environmental
Protection sent a notice to all premises or individuals likely to
be affected by the new ordinance notifying them that they would
need to apply for a license . Gregory Langason and the Cameroon
Group were at that time the tenants of the Hall, and they duly
applied for a dance hall license. At the time of the initial
license application, LIEP supported issuance of a license with
conditions attached to deal with a variety of complaints neighbors
had regarding noise, disruption, operation after hours, and
disorderly conduct by patrons . Neighbors opposed the grant of the
license and the matter was scheduled for an administrative hearing.
Prior to the initial hearing on Cameroon' s application LIEP changed
its recommendation because of evidence that the conditions which
Langason had agreed to were not being complied with. While the
action was pending on the license application by the Cameroon
�� I���
Letter Memorandum
November 5, 1996
Page 2
Group, Raymond Hessler started action to cancel the Contract for
Deed with Cameroon Group, and was successful in repossessing the
property.
The Findings of Fact, Conclusions and Recommendation of the
Administrative Law Judge in the license matter involving the
Cameroon Group went to a hearing before the Saint Paul City Council
on August 27, 1996, at which time the City Council denied the
license application. Because of the contract for deed cancellation
proceedings, Cameroon Group had physically been out of the building
for some time, and Mr. Hessler had applied for a license on May 26,
1996 . His license application was on the same Council agenda for
consideration. At the hearing on Mr. Hessler' s application there
was public testimony by neighbors in opposition to granting the
license, and the matter was referred to an Administrative Law
Judge.
At the public hearing before the City Council LIEP recommended
issuance of a license to Mr. Hessler, with the same conditions
which had originally been recommended for the license sought by the
Cameroon Group. By letter dated October 23 , 1996 the applicant was
informed that the recommendation of the Licensing Office had
changed because of information they had received that Mr. Hessler
had been operating the Hall without a license .
Pursuant to Saint Paul Legislative Code �310 . 06 (b) (6) , adverse
action may be taken against a license when:
a. The licensee or applicant (or any person whose conduct
may by law be imputed to the licensee or applicant) has
violated, or performed any act which is a violation of,
any of the provisions of these chapters or of any
statute, ordinance or regulation reasonable related to
the licensed activity, regardless of whether criminal
charges have or have not been brought in connection
therewith;
or
c . The licensee or applicant (or any person whose
conduct may by law be imputed to the licensee or
applicant) has engaged in or permitted a pattern or
practice of conduct of failure to comply with laws
reasonably related to the licensed activity or from which
an inference of lack of fitness or good character may be
drawn.
It is the position of the LIEP Office that Mr. Hessler has operated
the Hall prior to obtaining a license, in violation of Saint Paul
Legislative Code §405, and that together with his past conduct in
the operation of Highbridge Sports Club shows a pattern or
0��- 15��
Letter Memorandum
November 5, 1996
Page 3
practice of failure to comply with laws reasonably related to the
licensed activity. Additionally, his disregard of the licensing
requirements both in 1989 and prior to the hearing indicate that he
is not likely to take seriously the need to comply strictly with
conditions on the license.
Issue #1 : Did Raymond Hessler operate the Hall without a license
in violation of Saint Paul Legislative Code �405?
Saint Paul Legislative Code �405 . 01 (a) states : "No person
shall operate a public dance or rental hall in Saint Paul without
a license. " There is evidence in the record that Mr. Hessler
applied for a license to operate a rental hall in May, 1996 .
Neighbors testified about continuous operation of the Hall . Mr.
Hessler stated at the hearing that he was told that he could
continue renting the Hall and complete rentals first booked by
Gregory Langason. The Director and a senior license inspector from
LIEP both testified that they had not given Hessler authority to
operate without a license, nor had they agreed to let him continue
rentals booked by Langason. They further testified that they had
requested copies of the contracts for bookings, but had not
received that information. By letter dated September 10, 1996,
Hessler was told that he could not operate the Hall . His manager,
Karen Mishler, stated that she was told by Kristina Schweinler
that, despite the letter, they could continue rentals booked by
Langason. Ms . Schweinler testified that she did not make that
representation and that she had advised Ms . Mishler to speak to an
attorney. Sue Synstegaard testified that she called Smith Avenue
Rental Hall on October 22 , 1996 and was told that the Hall was
available for rental that weekend, Saturday or Sunday, October 26
or 27, 1996 .
Mr. Hessler stated on cross-examination that he did not know
that he needed a license to operate the Hall until the September
10, 1996 letter from Mr. Kessler, but admitted applying for a
license before that . He continued to deny knowing that there was
a requirement for a license for a dance/rental hall even though he
attended a hearing during the administrative law hearing process on
the former applicant . He also denied ever receiving his own copy of
the September 10, 1996 letter, and denied receiving copies of his
attorney' s correspondence on the subject . Mr. Hessler' s testimony
on cross-examination on these points was not credible . There is
ample evidence that he operated the Hall as a rental hall from the
time that he took the property back from Gregory Langason and the
Cameroon Group. He signed contracts with Elite Catering and
Harvest Fellowship Church, he honored bookings by Langason, and
neither he nor his manager ever complied with the requests from
LIEP to provide information about when events were booked, beyond
the faxes sent notifying LIEP of dates the Hall was rented. No
Letter Memorandum
�'�- r�lq
November 5, 1996
Page 4
information regarding the dates of the rental, the contracts
signed or other information was provided. Even if he had been told
that he could continue rentals booked by Langason, he failed to
provide any information that would show his rentals were limited to
prior bookings .
Issue #2 : Was Mr. Hessler entitled to rent the Hall without a
license because of its previous use as a rental hall?
The memorandum of law submitted by Mr. Essling seems to rely
on a theory that, because the premises at 627 South Smith Avenue
have been operated as a rental hall prior to the ordinance being
passed, that the hall can continue in operation without a license.
The cases cited deal primarily with the effects of zoning changes
and non-conforming uses . It is true that in the context of zoning
regulations, a use which lawfully exists may continue as a non-
conforming use . However, the facts at hand differ in two respects .
First, this is not a zoning issue, but a licensing ordinance, and
as such, is an exercise of the police powers of the municipality.
Second, while the hall itself may have been continuously operated
as a rental hall, it does not follow that Mr. Hessler, who did not
continuously own the hall, may operate it as such.
" [T] he right of an owner of property to use it in his own way
and for his own purposes is subject to the police power of the
state, under which new burdens may be imposed upon property and new
restrictions placed upon its use when the public welfare demands. "
McQuillan, Municipal Corporations, Vo1 . 6A, §24 . 05 . A property owner
whose business enterprise is prohibited by passage of an ordinance
is not deprived of his property. Murphy v. California, 225 U.S.
623 , 32 S .Ct . 697 (1911) (involving the challenge of a municipal
ordinance prohibiting the keeping of billiard and pool tables for
hire by the proprietor of an existing billiard hall and pool room) .
The propriety of ordinances designed to license and regulate
dance halls, pool and billiard halls or other public entertainment
places is well established. See, Town of Linden v. Fischer, 191
N.W. 901 (Minn 1923) . Most of the testimony of the neighbors
regarding problems with the hall make it clear that there are
concerns about noise of people coming and going, automobile doors
being slammed, people drinking outside, fighting, urinating on
yards and littering, all issues which support the City' s exercise
of the police power to enact a licensing statute that can attempt
to eliminate or limit these problems .
In enacting a licensing ordinance for rental halls, the City
has not in any way eliminated a pre-existing use, but has required
that in order to carry on that business there must be a license .
"To require a license as a condition precedent to the right to
" l� � ���� I
Letter Memorandum
November 5, 1996
Page 5
carry on a certain type of business is a legitimate exercise of a
city' s police power. " State v. Northern Raceway Corp. , 381 N.W.2d
526, 528 (Minn. App. 1986) , citing Lvons v. City of Minneapolis, 63
N.W. 2d 585, 588 (Minn. 1954) . Thus, Mr. Hessler is not entitled to
continue the rental of the Hall because it has been operated as a
rental hall prior to passage of the ordinance. Even if he had such
a right through Mr. Langason' s previous operation, that right was
effectively stopped on August 28, 1996, when Mr. Langason' s license
application was denied.
Issue #3 : Is Raymond Hessler a fit applicant for a dance/rental
hall license in view of his previous pattern or practice of failure
to abide by laws reasonably related to the licensed activity?
The neighbors and the City have had experience with Mr.
Hessler' s operation of the premises at 627 South Smith, when it was
operated as a "private billiard club" , and have reason to believe
that he will not abide by conditions designed to control the
problems a rental hall poses to the neighbors . Mr. Hessler, despite
his stated willingness to cooperate with the neighbors in enforcing
the conditions, has displayed a lack of willingness to comply with
the licensing laws . One witness testified that during his
management of the Highbridge Sports Club Mr. Hessler had stated
that he did not need a license and should be able to run his
business any way that he wanted. The property was the subject of
investigations for illegal activity and for unlicensed operation.
The City took action against the premises in the form of an action
for an Injunction. The Stipulation submitted as part of Mr.
Hessler' s own exhibits shows a settlement of the Nuisance Abatement
Action, but he testified that he only entered into the stipulation
because he planned to sell the property. Nonetheless, the
Stipulation is clear in Paragraph #4 that Hessler can rent the hall
subject to licensinQ requirements and in Paragraph #5 the
Stipulation says "Hessler shall comply with such requirements
before beginning any such other legitimate use . " (emphasis added) .
Despite the prior involvement with City licensing personnel
and his business background and knowledge, Mr. Hessler claims that
he did not know he could not operate the Hall before having a
license . Mr. Hessler appears to believe that his own interests are
paramount, and that he can bend the rules because he is doing the
neighborhood a favor by owning and operating a business there.
This attitude simply emphasized his disregard of the licensing
requirements, and shows that he is not a fit person to have a
license for a rental hall .
Letter Memorandum
�C� �/���
November 5, 1996
Page 6
Issue #4 : Is the location of the Hall in an area which is
inherently unsuitable for the proposed use and therefore likely to
cause conditions that unreasonably annoy, injure or endanaer the
safetv, health, morals, comfort or repose of any considerable
number of inembers of the public?
Merely because an application for a license meets the
standards of the applicable ordinance does not mean that a license
must be issued. In Country Liquors, Inc. v. City of Minneapolis,
264 N.W. 2d 821, (Minn. 1978) , the Minnesota Supreme Court upheld a
denial of an applicant' s request to transfer the location of a
liquor license based upon testimony of residents that the premises
to be operated were unsuitable as a location for a liquor store .
Neighbors testified of the projected ill effects on the
neighborhood if a liquor store was allowed at the location, which
was presumably correctly zoned for such an enterprise. In the
present case, neighbors testified that the location of the Hall and
the surrounding neighborhood made it an unsuitable location for the
business of a rental hall . Even with the numerous conditions
originally proposed to deal with the problems neighbors have had
over the years, the Hall is situated in an area with little or no
available parking, within several hundred feet of neighbors' back
doors, and surrounded by businesses which are primarily small,
local, daytime businesses . All of the neighbors who testified
indicated that it was the short-term evening rentals of the Hall
which caused them the most disturbance and that they had not
difficulty with the long-term tenants . Although this ground was
not raised by the City as a basis for denial of the license, it
appears to be the crux of the neighbor' s argument .
For all of the foregoing reasons, the Office of License,
Inspections and Environmental Protection for the City of Saint Paul
respectfully requests that you make Findings of Fact reflecting
that the applicant has violated Saint Paul Legislative Code §405 by
operating the Hall without a license, and denying him a license.
Sincerely,
-/ �J �,-,•c.�L
VirginG� Palmer
Assistant City Attorney
cc : David Essling
Rf��p���, �
ESSLING, LTD. L�� - � �� 1996
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(612)2244810 FA7c
November 4, 1996
Richard Mosman
Administrative Law Judge
604 Richfield Bank
6625 Lyndale Avenue South
Richfield, MN 55423
Re: Hessler Application for Rental Hall License at Smith Avenue Rental Hall
Dear Judge Mosman:
Enclosed is our Argument in favor of the license application of Raymond Hessler. I am sending a
copy to Virginia Palmer with the copy of this letter. �
Yours truly,
. � �
, , , �
David Essling
DE:aw
Enclosure
cc: Virginia Palmer
Raymond Hessler
, � .
�'�- ��'1�
In the Matter of the Application of
Raymond Hessler for a Rental Hall ARGUMENT IN FAVOR OF
License for the Smith Avenue APPLICANT HESSLER
Rental Hall
There is no dispute that the Smith Avenue Rental Hall has been regularly and consistently
used as a rental hall since 1962. The St. Paul ordinance requiring a license for rental ha11s was
passed in July of 1995. Under these circumstances, Raymond Hessler is entitled to a license, see
cases cited in Memorandum of Law submitted at the hearing and Tamarac Inn, Inc. v. Cit,�f
Lon�Lake, 310 N.W.2d 474, 477 (Minn. 1981); E.T.O. Inc., d/b/a"Fergie's Bar", 375 N.W.2d
815 (Minn. 1985).
Even if Hessler is required to apply for and obtain a license, there is no basis for denying a
license. The Notice of Hearing(City E�ibit 2) cited the neighbors contention that
the manner in which Hessler operated the premises in the past are an indication
that he is unfit or not of good character and should not be granted a license.
Since this is the only basis for denial cited in the Notice of Hearing, this constitutes the only issue
before the Court. The legal basis for this issue is Uniform License Procedure § 310.06(6)c.l (See
page 9 of Respondent's Exhibit 1). It is also noteworthy that the reference to an Administrative
Law Judge from the City Council did not specify what issue was to be decided by the
Administrative Law Judge. Apparently there was not even a written resolution by the Council.
There is no evidence that Mr. Hessler operated the premises"in a manner which indicates
he i� `unfit' or `not of good character'." Raymond Hessler has never been convicted of any act of
misconduct in connection with the rental hall. His only citation for alleged misconduct was in
1 At the hearing the City Attorney also cited § 310.06(6)a. However, this section is
essentially the same standard as § 310.06(6)c (contained on page 9 of Respondent's E�ibit 1).
' .
�C�� 15�'1
1989, and he was acquitted in that case.2 In 1991, the City of St. Paul in a settlement of a civil
suit with Hessler, agreed that Hessler"may use the Property for hall rentals for weddings,
receptions, dinners and similar purposes." (Page 54 of Respondent's Exhibit 1). The City agreed
at that time that there was no basis to deny Hessler a rental hall license is such a license was
required in the future. (Page 54 ofRespondent's Exhibit 1). Furthermore, the license application
of Mr. Hessler in this case was supported by the licensing division, subject to conditions, when
this matter was before the City Council on August 29, 1996.
The Court should also consider the following language in the licensing procedure
ordinance.
With respect to any license for activities entitled to the protection of the First
Amendment, notwithstanding the foregoing provisions, neither the lack of good
moral character or fitness of the licensee or applicant nor the content of the
protected speech or matter sha11 be the basis for adverse action against the license
or application. (Page 10 of Respondent's Exhibit 1).
The activities at the Smith Avenue Rental Ha11 include regular activities of the Church of Our
Lady of Guadalupe. In addition, the hall is the only facility used by Harvest Fellowship. Harvest
Fellowship holds its church services at the hall every Sunday. These religious activities are
"activities entitled to the protection of the First Amendment." Under the specific terms of the
uniform license procedures, the license cannot be denied.
The opponents of the license offered no specific examples of activities by Raymond
Hessler which would justify denial of a license. Any problems described by neighbors are simply
the result of traffic in and out of the hall, which traffic can be adequately controlled by the license
2 The City attempted to use citations to 3rd parties in 1989 as a basis for denial of the
license. We contend those citations are irrelevant, as the Court originally ruled.
-2 -
� .; „
�C� (S`7�1
conditions required by the license department. Furthermore, the testimony by John Nees of the
West Side Safe Neighborhood Council and Sandra Levine of Westco should be disregarded
entirely. The uniform license procedures prohibit ex parte contacts with council members, §
310.05 c-2. (Page 7 of Respondent's E�ibit 1). Both persons admitted such contacts in their
testimony, and City E�ibit 9 is a specific example of such a contact. Councilman Thune did not
announce his recusal in this matter until questioned by the Administrative Law 7udge.
Councilman Thune voted affirmatively on the reference of the license application to the
Administrative Law Judge.
Finally, at the hearing, the license department attempted to change its recommendation in
favor of a license to a recommendation against a license. The basis for this change was the license
department's claim that Hessler could not use the hall, even for previous commitments, during the
application process. This belated, arbitrary, and juvenile argument is not worthy of consideration
for the following reasons.
1. Hessler is entitled to a license under the cases cited dealing with grandfathered
rights.
2. The Notice of Hearing did not raise this as an issue.
3. The hall is entitled to a license because"the protection of the First Amendment."
4. There is noting in the uniform license procedures which prohibits rentals pending
applications. The uniform license procedure only allows sanctions after a license
has been denied or canceled, § 310.05(j). (Page 8 of Respondent's Exhibit 1).
5. Other applicants in the position of Hessler, including the Cameroons, were allowed
to operate while their application was pending.3 Hessler stepped into the shoes of
3 Other applicants were provided a letter to this effect by the license department. The
Court requested a copy of the letter. Assistant City Attorney Palmer promised to send the
undersigned a copy of the letter, but hasn't done so.
- 3 -
� � �i� -iS7�
the Cameroons when he canceled their Contract for Deed, took possession of the
property, and applied for a license.
6. The license department's change of position was based on Director Kessler's
mistake that a license had been issued to the Cameroons and then revoked. In fact,
no license was ever issued to the Cameroons. Kessler could not explain why it
was proper for Hessler to operate the hall until the Council referred the matter to
an Administrative Law Judge, but not after the referral.
For the foregoing reasons, we ask that the Court recommend to the Council that Raymond
Hessler is entitled to a rental hall license.
Respectfully submitted,
� ' f
Date: :/�-� � , 1996 ^�
� David Essling (27601)
Attorney for Raymond Hessler
1217 West Seventh Street
Saint Paul, MN 55102
-4 -
P�
OFFICE OF THE CITY ATTO���V 1� �p�
�mothy E. Marx, City Anorney Jp
r -'1�`I
Y�i f�- i�r #'.j,��_ �-y�
CITY OF SAINT PAUL � - � {�� ' Civil Division
Norm Coleman,Mayor ��} �(�� 2� ��� �!: `�� I S Wes�Kelllogg Bhd. Falc�mJle.•��2 9865619
� . _
Saint PauJ, �nnesota 55102
f;�..f ��I� t�t�, � �`�,,_
t�6�a ,,re�.,.
,�i�_ht�;il:t7;
October 25, 1996
VIA FAX AND U.S. MAIL
Judge Richard Mosman
c/o Louise Cooper
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, Minnesota 55401-2138
RE: License Application of Raymond Hessler d/b/a Smith Avenue Rental Hall for the premises
located at 627 Smith Avenue South, St. Paul
License ID No.:78764
Our File No.: G96-0429
Deaz Judge Mosman:
The purpose of this letter is to request a subpoena pursuant to Minnesota Rules, part 1400.7000
relating to the above-mentioned contested case hearing that is scheduled to be heard before you
on Tuesday, October 29, 1996. This request is made of behalf of Ms. Virginia Palmer, the
attorney assigned to this matter. In order to ensure this individual will be in attendance to testify,
the City of St. Paul requests from the State Office of Administrative Hearings a subpoena for the
following individual:
1.) Tom Oeistreich
Harvest Fellowship Church
627 South Smith Avenue
St. Paul, MN 55107
The hearing is scheduled to start at 9:30 a.m. on Tuesday, October 29, 1996, in Room 41, St.
Paul City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102.
If you need additional information or have any questions regarding this request, please do not
hesitate to contact me at 266-8776. Thank you for your consideration in this matter.
Sincer ,
° � j"z\
Peter P. Pangbo
Paralegal
` i �'��S_
STATE OF MINNESOTA � ! ` �
OFFICE OF ADM[NISTRATIVE HEARINGS
���1 ��q J
100 Washington Square,Suite 1700
100 Washington Avenue South
:' ':
Minneapolis,Minnesota 55401-2138
October 23, 1996
BY FAX AND BY MAIL
Sue M. Nipe, Director
West Side Safe Neighborhood Council
209 West Page Street
St. Pauf, MN 55107
RE: Smith Avenue Rental Hall v. St. Paul; OAH Docket No. 62-2111-10764-3.
Dear Director Nipe:
Per your correspondence of October 18, 1996, enclosed are the subpoenas you
requested.
Sincerely,
! �
� Ci L�'r �7 �'C��- r ,
LAVON REGAN
Legal Secretary
Telephone: 612/341-7448
LR:Ir
Enclosure
Providing Impartial Hearings for Government and Citizzens
An Equ�Opportuniry Employer
Administrative Law Section 8 Administrative Services(612)341-7600�TDD No.(612)341-7346�Fax No.(612)349-2665
STATE OF MlNNESOTA C�� ��7 - (
OFFICE OF ADMINISTRATlVE HEARINGS
100 Washington Square,Suite 1700
- 100 Washington Avenue South
:� ':
Minneapolis,AAinnesota SSd01-2138
No. of Pages �
(Including this Cover)
DATE: �D����Cl� TIME: /: /� ��
TO: �P /�. ��iO+Ei ; ,FAX NO.: �q� - .5' 7 -�1 Co
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copying of this communication is strictly prohibited. If you have received this
communication in enor, please notify us immediately by telephone and retum the
original message to us at the above address via 4he U.S. Postal Service. Thank you.
�'�����-� — �I�� J��l —
FR�M. TELE. N�. 7 �1�
RE: ��-n.� �eu �C�'-��� L�ftc-�E ✓, �L. ��t��
��lH /�o . �Od - ari � — to ���- 3
fF THERE ARE PROBLEMS RECEIVING THIS TRANSMISSION, PLEASE CALL:
at
Providing Impar�al Hearin�a for Government and Ci6zens
An Equal Opportunity Employer
Administrative Law Section 8 Administrative Senrices(612)341-7600�TDD No. (612)341-7346� Fax No.(612)349-2665
��- ����
< TRANSACTION REPORT >
10-23-1986CWED) 13:15
C TR ANSM I T ]
N0. DATE TIME DESTINATION STATION PG. DURATION MODE RESULT
14610 10-23 13:13 2985796 3 0°01'38" NORMAL OK
3 0°01'38"
��� � ��
,�>....��- STATE OF MINNESOTA
OFFICE OF ADMII�TISTRATIVE HEARIlVGS
; • HEARING SUBPOENA
TO: Sergeant Mark Kempe, St. Paul Police Department, 100 East 11th Street,
St. Paul, MN 55101.
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Richard A. Mosman of the Office of
Administrative Hearings of the State of Minnesota, at Room 220, City Hall - County
Courthouse, 15 West Kellogg Boulevard, in the City of St. Paul, Ramsey County,
Minnesota, on the 29th day of October, 1996 at �Q o'clock in the forenoon, to appear
as a witness in the matter of �mith Avenue Rental Hall v St Paul, OAH DockPt Nr,
f 2-2111-10764-3.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the
Honorable Kevin E. Johnson, Chief Administrative Law Judge, at
Minneapolis, Minnesota this� of October, 1996.
` �
KEVIN E. JOHNS
Chief Administrative Law Judge
612/341-7600
Subpoena Requested By: Sue M. Nipe
298-9727
1�1—�';'—I�=��=�6 I :�1�.'�_,P�1 FFUP:1 URL I I'•.I`.=i LAW L��I CE SE�I 1?L�' i='. 2
��' l ��q
Vlt ST SIDE
,
SAFEti
NEIGHBt,?RNOC)D
Ci�UNGIL
209 W.PAGE ST. ST. PAUL, MN 551Q7
(612) 28$-9727 FAX� (B12� 298-5796
�ctoher !8, 1996
Richard Mosman
Admiaisirative Law Jucige
604 Richtie3d Bank
6625 �.yndalc Avcnue 5uutt�
Rich6eld, MN S34z3
PAX: 861-1302
M�. MciQman:
Tht West Side 5afe Neighhorfia�d Council is c7pposing thd gt'3nting �f the dance and rentaf
hall licensc to the Smicb Avern�� Renrai Ha!], located at 627 Svuth Smith Avenue on the Wrsc
Siclt, by the City of St. Paut. This matter hsss hr�A BC�Cdtilecl }�Ui an a�tQiAjSVaUve 1aw he.�uing
hc#'ore you an Ocroner 2y, 1�Xi.
I jost found uut tltis m�x�ning thdt the city wi11 not subpvcna a poli�e vffiCer wha
r.oztciucted a n�id on e�o 5mith Avenue ltental Hal1 and during wt,ich ac�cral pec>pie were anestcd
on gumbling and prosticutivn charges and leter conv�ccr.el. A�yiatant Ciry Attarney Virginia
Paimer suid we nccdec! ro subpoerra t}►e officer if we want hun ro testify w what he saw dzat
ni�t. We tlelieve ihiS infx�rm�tion is rele�Arit t0 thc v►�uy thC halI hes bCCn mattaged and the
ptY�t+iems it hab cautted tor the neighbors. The oP'fflCd' al the time who wrote the report at+vvt the
raid is now Sgt. M$rk Kemp� wjth rfie Ss. Paul P�>>ice Dc�arcrn�c, 1U0 Ea•� !!th Scre�ec, Si.
Pau1, MN 3�IUi.
I contacted the Administr�ative Haaringv offlce ragarJing th� �m�czdurt for un to get s
sut�pocne. Attorney Mtuk Lewis cosd me this reqvest naalc�i tv ba approved by you and, in vrder
ta chake sure we hav� envugh time, everything could be faxed. Nc�waver, he t�ld me tu requesi
that yuu fax ycxtr xpprvYal of tbe ex�bpoena, if yuu approve it, to ttsc�r office, and indicatc r2r�t it
i.c ulray for them �o fax �C SU�OCRa tp uS. I would apprecia�c i� if you wvulc] bt willing w
ap�xove all of this through the faxing pmc�ss.
If you have yuestions nr ae�x! nxne infcmnaclon, pl�se f�nl frr,� to cont$ct me.
Sincecely.
, � � nr
s,�� M. r��� �
Directvr
FAX: Z9$-57yb
I��-2�'-1�=��=�6 1 :u i F'P 1 FF'Ut t O�L I P•.IS LAw UFF I GE $6 I 1=;�t�' F'. 1
��r I���
O�LYNS,NIOSMAN & ASSOC�ATES TEL�PkIONE
ATTOfL�E1'S a7 LAW (612)798-HELP
pETER T.ORL.INS 604 Rtcx�►�Ln B�;:h Bui��ir.c (612)861-3331
�I���XtD A,.A10SAL1N,Ltd. G625 L�'�n.�t�.A�'e�uE SourH
E2ICHFIL"LD,h�Tt��eSOT��55423-2390 FAX:(G12)861-130�
.
FAX TRANSMITTAL SHEET
aaTE: /� . �'
� �
Ta: ���� / �` c�!'-!��;.� •���%c�{'.:�-�
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�ax No: => �9�- -� 6�.,
FROM: ;�� � �/.I!) .�./���/u
�ax No. (612) 861-1302/Phone 861-3331
Number of Pages (inciuding this sheet) �
If you have any questions or problems with this transmittal, please contact
at the above-listed numbers. Thank you.
MESSAGE: �; `, •
�� �,.f,r ��?-E' �,/' ,�- � �':.•i�1"'i�-�-+-z.�r . .
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�c`�� � �- ���- l � / — ic���� `� �` � �v-X ����-- , `. -�-�� �,_.
This inforr-raation contained in this facsimile message may be
privileged and confidential. lt is intended only for the use di the
indivic3ual or Entity to whorn it is sent. If the recipient of this
transmittai is noti the intended recipient, or an ernployee or agent
responsible to deliver it to the intended r�cipient. any dissemination,
diskribution or copying of this communication is strictly pronibited. If
you have received this communication in error, c�lease immediatEly
�otify us by telephone, and return the original mess�ge to us at the
above addreJJ via the US Postal Service.
�l�� �5��'
< TRANSACTION REPORT >
10-22-1996(TUE) 14:08
C RECEIVE 7
N0. DATE TIME DESTTNATION STATION PG. DURATION MODE RESULT
14594 10-22 14:06 861 1302 2 0°01' 10" NORM.E OK
2 0°01' 10"
, t
� � 1���
In the Matter of the Application of
Raymond Hessler for a Rental Hall MEMORANDUM OF LAW
License.
The evidence will show that the building at 627 Smith Avenue South, Saint Paul,
Minnesota has been continuously operated as a rental hall since 1962. The St. Paul ordinance
requiring that rental halls be licensed was passed in July of 1995. Under these circumstances, the
operator of the rental hall is entitled to continue his preexisting use. A long line of cases
"recognizes that when a land use lawfully exists prior to the enactment of a restricting government
regulation, the landowner has a right to continue the use after the regulation comes into effect."
Anplication of Christenson, 417 N.W.2d 607, 614 (Minn. 1987) (citing County of Freeborn v.
Clausen, 295 Minn. 96, 203 N.W.2d 323 (1972)). The"uses must either be permitted to remain
or be eliminated by the use of eminent domain," Countv of Freeborn v. Clausen, su ra at 325.
The new ordinance may only preclude expansion of the existing use. Countv of Lake v.Courtnev,
451 N.W.2d 338 (Minn. App. 1990), see also, SLS Partnership v. City of Apple Valley, 511
N.W.2d 738 (Minn. 1994) (mobile home park); Hooper v. Citv of St. Paul, 353 N.W.2d 138
(Minn. 1984); State ex rel Krausman v. Streeter, 226 Minn. 458, 33 N.W.2d 56 (1948); 4
A.L.R.2d 662.
Respectfully submitted,
�_ � � �/� •
Date: /�� �� � , 1996 __� , � �,: � . ��
� David Essling (27601)
Attorney For Raymond Hessler
1217 West Seventh Street •
Saint Paul, MN 55102
(612) 224-4818
�-
�
G� - i5��
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
�,.. ..
HEARING SUBPOENA
TO: Tom Oeistreich
Harvest Feliowship Church
627 South Smith Avenue
St. Paul, Minnesota 55107
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Richard Mosman of the Office of
Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, Room 41,
15 West Kellogg Boulevard, in the City of St. Paul, Ramsey County, Minnesota, on the
29th day of October, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the
matter of the License ARplication of Raymond He����� d/b/a Smith Av n��p RPntal Hall
for the Premises located at 627 Smith Aven„p Sn„th� St Pa��l Minnacn4�,
Pursuant to the authority r��ar���d at Minn. Stat. § '14.51, �tness, the Honorable Kevin
E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this 2,$�of
October, 1996.
KEVIN E. JOH ON
Chief Administrative Law Judge
612/341-7600
Subpoena requested by:
Virginia Palmer
(612) 266-8710
�o�!,�`?�1
OFFICE OF THE CITY ATTORNEY
Timoth}�� tiitu:K City.Attun�v
�-�I�I Y Ui" J�N`l� i�A V L Civil Dnision
:�vrm C�leman, ,Llavor 400 C/n�Ha!! Telaphnne: 612 206-d'!0
1S {Pest 1:ellogs Blv,� F'acsnnile: 61:?9R-5614
S:zint Pat�l, hli�enes0�a 551!)«
FAX TRANSMfSSION
DAT�: Qctober 25, 1996
TO: Judge Richard Mosman FAX No.: 349-2665
clo Louise Cooper
Office of Administrative Hearings
NUMBER OF PAGES (including cover page): 2
FRQM: Peter Pangborn FAX No.: 298-5619
Paralegal
St. Pau{ City Attomey's Office
400 City Hall
If you do not receive aJl pages of thrs transmissior,, p/eQSe contdct:
Peter Pangborn Telephone No, 266-8776
T��',� ���9?r,h�r, i=�l �=iI��O '_�:!,.�hJ;��Jllf! :!,1!_i l.,l[i��� ���rbT ��r,r.T—„�'—l��G
'-�_i '� ��.-±liJl ��J���� /
prr[CE Or THE CITY ATTORNEY
Timot/n�E. hlarx, c;lry.�ttorxcy
CITY OF SA.Ti�tT PAUI, Cn•il Divrsion
Nnrm Colentar4 .'Nat'nr �IUO Crq•Hall Telephone 612�66-5"10
I S {f'�i•!Kellogg Blvd. Fcu.slmilr: Gl1:98•Sr,19
Saint Pazd, Alrnnesata SS10?
October 25, 1996
VYA FAX AND U.S. MAIL
Judge Richard Mosman
c/o I.ouise Gooper
Oftice of Adiz�imistrative Hearings
100 Wasliington Square, Suite 1700
Minx�eapolis, Muul�sota 55401-21�8
RE: License Application of Raymond Hessler d/b/a Smith Avenue R�;ntal i-�all for the premises
located at 627 Smith Avenue South, St. Paul
Liceiise ID No.:787b4
Our File No.: G96-04?9
�ear Judge Mosman:
The purpose of this Ietter is t� request a subpoena pursuant to Minnesota Rules, part 140Q.7(l00
relating to the above-mentioned contested case hearing that is scheduled to Lie heard before you
�n Tuesday, Octobzr ?9, 1996. This request is inade uf bel�alf of Ms. Virginia Palmer, the
attorney �.ssigned to tlus z�xatter. In order to ensure this individu�l wiXl be in attendance to testify,
the City of St. Paul requests fra�ri the State O�ce of Adxtzinistrativ� Hearin;�s a subpoena for the
followinn� individual:
l.) Tom Oeistreich
Hanrest Fellowship C'hurch
6Z7 South Smith Avenue
St. Paul, MN 55107
'T'he hearing is schcduled to start at 9:30 a.m. on Tuesday, October 29, 1996, in Room 41, St.
Paul City Hall, 15 West Kellogg Boulevard, St. 1'aul, MN 55102.
If you need additional i.nformation or have any questions regardin� tlus request, please do nat
liesitate to contact me at 266-8776. Thank yot� for your consideratiun in tlus matter.
. ,
Sincer %
s .�
,i� �"� , ���_
Peter P. Pangbo
Paralegal
=kt'�� ��'�,_��b'�r, i�l 3:_!1�.��=� =�:A,�1�l:���11H �.lI=:� �..�i i;�� '��:G'� '?r.��T—�=.-1_�0
�C�1���
< TRANSACT I ON REPORT � 10-25-1996(FRI) 14:52
C TRANSM I T ]
N0. DATE TIME DESTINATION STATION PG. DURATION MODE RESULT
14662 18-25 14: 11 612 296 8685 16 0°41'37" NORM.E OK
16 0°41'37"
- � � OFFICE OF THE CITY ATTORNEY
' Timothy E. Manr, City Attorney
IT'Y F ��D " � ���
C O SAINT PAUL Civil Division
Norm Coleman, Mayor 400 Ciry Hal! Telephone: 612 266-8710
IS West Ke/logg Blvd. Facsiniile:612 298-5619
Saint Paul, �nnesota SS101
�r
October 23, 1996 -
David Essling
Essling, Ltd.
1217 West Seventh Street
Saint Paul, MN 55102
RE: Dance/Rental Hall license application by Raymond Hessler .
627 South Smith Avenue, Saint Paul
Dear Mr. Essling:
This morning I was informed by my client, the Office of License,
Inspections and Environmental Protection, that they were changing
the recommendation on the license application filed by Mr. Hessler
based upon information that he is operating the premises at 627
South Smith without a license. At the time of the hearing, the
recommendation will be for denial of the license application
because of the continued illegal operation of the premises.
The facts upon which this recommendation will be made are as
follows :
Oa September 10, 1996 your client was sent a letter by
the Director of LIEP indicating that he was not licensed
to operate a dance/rental hall at 627 South Smith Avenue
while the license application was under consideration.
The letter further stated that continued operation could
result ia criminal prosecution or use of that evidence at
the administrative hearing.
Sue Synstegaard will testify that she telephoned the
rental hall the week of October 21, 1996 and was told
that she could rent the hall for $500.00 for either
Saturday or Sunday, October 26 or 27, 1996. Robert
Ressler will testify that neither the license applicant
nor the manager have cooperated with requests by
Licensing to provide lists of rentals at the hall and
that the long-term tenants are still operating from the
premises. -
� �
In Re the License Application of
— Raymond Hessler —
Citv's Exh. No. 3
!
�
�
'��7�
William Essling
October 23, 1996
page 2
If you have any questions regarding this matter, please feel free
to contact me.
Sincerely, •
��.c�.'.a�cl� � G��>�
_ �)
Virginia D. Palmer
Assistant City Attorney
cc: Robert Kessler, Director of LIEP
West Side Citizens Organization, Sandra Levine, Community
Organizer, 625 Stryker Avenue, Saint Paul, 55107
West side Safe Neighborhood Council, Sue Nipe, Executive �
Director, 209 W. Page Street, Saint Paul, 55107
Smith-Dodd Business Association, Rick Aguilar, Executive
Director, 602 Smith Avenue, Saint Paul, 55107
Richard Mossman, Administrative Law Judge, 604 Richfield Bank,
6625 Lyndale Avenue So. , Richfield, 55423
Nancy Thomas, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, 55401-2138
Nancy Anderson, Assistant Council Secretary
Christine Rozek, Office of LIEP
w
q��� � 5�
OAH 62 2111 10764 3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
for the
C1TY OF ST PAUL
----------------
In Re: The license application of
Raymond Hessler
----------------
By request received by the Administrative Law Judge on October 21, 1996, the
of the City of St Paul seeks a prehearing Order regarding intervention in the
above-captioned matter. The requests of the City are in accordance with the
Rules of the Office of Administrative Hearings and the fundamental concept
of notice and due process. Based upon the request and the supporting
documentation the Administrative Law Judge makes the following:
Order
1. Persons who desire to become Pazties to this proceeding, including
neighborhood or business groups, must file a Petition in Intervention with
the Administrative Law Judge in accordance with Minn. Rules 1400.6200.
The final date for filing a Petition in Intervention in this proceeding as a Party
is October 28, 1996. The Petition must state the interests of the petitioning
person or organization and contain a statement of the reasons the party
opposes or favors a grant of the license at issue and the evidence the party
would offer at the hearing to be held on October 29, 1996. Copies of any
Petition shall be served upon the City of St Paul, Office of the City Attorney,
400 City Hall, 15 W. Kellogg Blvd. St .Paul, Minnesota 55102 and Mr. David
Essling, Attorney at Law, 1217 W. 7th St, St Paul, Minnesota 55102
2. Persons who do not desire to become Parties to the proceeding, but who
may wish to offer testimony at the hearing may do so, in accordance with
Minn. Rule 1400.6200. In the event a non-party provides testimony at the
hearing which, in the interest of justice, requires additional time for the
Parties to respond, the hearing will be continued to allow such a response.
.
1�" ���
3. Persons having similar interests, including neighborhood and business
groups are urged to associate themselves together for purposes of this hearing
and intervene in this case as a formal Party and to consider being represented
by legal counsel.
4. All Petitions in Intervention and correspondence should be served upon
the Administrative Law judge as follows:
Richard A. Mosman
Administrative Law Judge
604 Richfield Bank Building
6625 Lyndale Ave. S.
Minneapolis, Minnesota 55423
5. This Order is effective unmediately and may be modified by the
Administrative Law judge on motion of the Parties and for good cause
shown.
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date � Richard A. Mosman
� Administrative Law Ju e
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AFFIDAVIT OF SERVICE
STATE OF MINNESOTA )
} SS
COUNTY OF HENNEPIN )
Richard A. Mosman of the cifiy of New Brighton, County of Ramsey, State of
Minnesota deing duly sworn, says that on the 21 day of October, 1996,
she/he served the annexed Order on Intervention upon:
City of St Paul West Side Organization
Attn: Ms. Virginia Palmer 625 Stryker Ave
400 City Hall St Paul, Minnesota 55107
15 W Kellogg Blvd
St Paul, Minnesota 55102 West Side Safe Neighborhood Council
Attn: Ms Sue Nipe
Mr. Raymond Hessler 209 W Page St.
Mr. David Essling St Paul, Minnesota 55107
Attorney at Law
1217 W 7th St
St Paul, Minnesota 55102
Smith-Dodd Business Assn
Attn: Mr. Rick Aguilar
602 Smith Ave.
St Paul, Minnesota 55107
the parties or attorneys for the parties to the action herein, by mailing to the
named attorneys, and/or parties, copies thereof, enclosed in an envelope, first
class postage prepaid, and by depositing the same in the post office at
Richfield, Minnesota.
l
," �
L�_'C_'�- - =t�-��
ichard A. Mos a
Subscribed and sworn to before me this
__day of _____�_, 19__
---------------------------
Notary Public
�S
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ORLINS,MOSMAN & ASSOCIATES
TELEPHONE
ATTOR�EYS AT LAW (612)798-HELP
PETER I.ORLINS (>O4 RICHFIELD BA1K BUILDING
(612)861-3331
RICHARD A.A'[OSD'IAN,Ltd. 6625 LYTDALE AVENUE SOUTH
RICHFIELD,Mi��ESOrn 55423-2390 FAX:(612)861-1302
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� ��- �� ��1
W ST SIDE
.
SAFE
NEIGH60RHOOD
COUNCIL
208 W.PAGE ST. ST. PAUL, MN 55�07
t612} 298-9727 FAX: (612} 298-5796
October 18, 1946
Richard Mvsman
Administrative Law Juclgr
604 Richfieid Banic
6625 Lyaclale Avenue Scwth
ttichftetd, MN 55423
FAX: 861-1j02
Mr. Moaman:
Thc We�t Side 5afe Neighhc�fia�d Cauncil is c�pposing the graating vf the dxnce and reasat
hsll licensc to the Smith Avem,e Reatai Hall. located at 627 South Sraith Avenu� on the West
Side, by the Ciry of St. I'au1. Thia matter t�as h�n �bech�lal far an adminlstraEive law hc�ring
t�fore yvu on Octoher 29, 1S?96.
1 just found out this mcuning that the city will noI �bpoen� y police officet wh�
con�eted a mid on q3e 5rilith AvCrn�e 1ZBAtAt Hall Atld �lltrfng which aCv�al pEOple weiC 8tt09t�A
on gambling and prostitutivn ct�rges and l�ter comictecl. Aaaiatant Ciry Attc�rney Y�rgini4
Pslmer suid we �edec! to subPoe� the offica if we want him w ustify tu what hr saw that
night. Wt belleve ttiis infvcmatioa is relevxrt to the way th�s hall hes be� manAged �sd the
psobloms it hsa caubed for the neighbors. The ofticer at the tune wtw wcote thc rcp�nt abvut the
raid is now Sst. iYtark iCemp�e with the St Paul Pc,lice Department, 100 East Ilth StreC� St.
Paul, MN 53101.
I contacted the Admiaistrative Hearing� c�ffice regarding the pr►�cedure for uu w gee a
sut+poer�. Attons�y M�u'k Lewis tald me d�ia request nCal�i e+r ba spproved by you and. in order
to malce sure we tuive enuugh tune, everythiqg eould be faxed• Hc�wevar, he told me tc� request
d�st ycw fax ycxa� appr�ral of tbe subpoena, if y�u approve it� to their office, and indicate that it
i�► utray f�ar tbem to fax the subpo�na to us. I wwld appreciate it if you wou1J be willing t�u
appc�ve all of ihis ttuough the fsxing pracess.
If you have yuestions vr nr,�x! m�m infcmnation, Pt�se fr.�l frcx to eont�ct ma.
Since�ely�
1�+� ' " � -
Sue M. 1�1ipe
Director
FAX: 298-5796
- ' OPFICE OF THE CITY ATTORNEY
Timothy.E. Marx. Cily A1lorney
CITY OF SAINT PAUL F`'���^`"�`�'h�''t`� `JI�0� I 5�9
Crvi!Division
Norm Coleman, Mayor �� a�� �� �M ��2 � �r00 Ciry Hal/ Telephone: 612 266-8710
I S West Kellogg Blvd. Facsrmile: 612 298-5619
�: , ;� �"'� Saint Paul, Minnesota 55102
f.��ii' ltetJ�fEil��±�1��'d i=.
�� �1:..Mii�t�`vll�
�eptember 30, 1996
Mr. David Essling
Essling, Ltd.
1217 West 7th Street
Saint Paul, MN 55102
NOTICE OF HEARING
RE: License Application of Raymond Hessler
Dear Mr. Essling:
This is to notify you that a hearing will be held concerning your
client' s application for a dance�rental hall license pursuant to
Saint Paul Legislative Code Chapter 405_at the following time, date
and place : �' �� -� � �����-
/
Date: October 29, 1996
Time: 9:30 a.m. �
Place: Room 220
City Hall-County Courthouse
15 W. Rellogg Boulevard
Saint Paul, NaT 55101
The hearing examiner will be an Administrative Law Judge from the
State of Minnesota Office of Administrative Hearings :
Name: Richard Mosman
Administrative Law Judge
604 Richfield Bank
6625 Lyndale Avenue So.
Richfield, I�i 55423
Telephone: 861-3331
The Council of the City of Saint Paul has referred the question of
whether to deny your client' s license application for a hearing in
accordance with the procedures of Saint Paul Legislative Code
§�310 . 05 and 310 . 06 . Under those provisions you are entitled to
notice and an opportunity to be heard.
The recommendation which the Director of the Office of License,
?nspections and Environmental Protection will present to the
l�-1���
Administrative Law Judge will be that your application should be
approved, and the license issued with conditions to reduce the
noise and disruption that its operation might cause the neighbors .
These are the same conditions which your client agreed to prior to
the public hearing before the Saint Paul City Council .
However, Saint Paul Legislative Code � 310 . 05 (c) permits an
Administrative Law Judge to hear "other interested persons" and
give them the opportunity to present testimony or otherwise
participate in such a hearing. It is anticipated that in this case
the West Side Citizen' s Organization, the West Side Safe
Neighborhood Council and interested neighbors will wish to
participate or intervene in this hearing. The following is a
general statement of what I believe their positions to be . The
Administrative Law Judge may require a more specific written notice
of the grounds upon which denial of your client' s application is
urged, and the factual basis for such grounds .
The license applicant ran the premises where he
seeks a license for a dance/rental hall between
1988 and 1994, opening it as the Highbridge Sports
Club in July of 1988. During its operation
neighbors voiced concerns about the manner in which
Mr. Hessler managed the premises. Mr. Hessler
operated the premises as a pool hall for over two
years without being licensed, police were actively
investigating the establishment for violations of
the licensing laws (Saint Paul Police Report CN
9018-882, 2/12/89) , the establishment was raided by
the police on 8/13/89 for violations of gambling
and prostitution laws (Saint Paul Police Report CN
9114-111) and there were complaints about noise,
litter, fighting, drinking in public and urinating
in public by patrons of the pool hall. Neighbors
believe that the manner in which Mr. Hessler
operated the premises in the past are an indication
that he is unfit or not of good character and
should not be granted a license.
The hearing will be conducted in accordance with the requirements
of sections 14 . 57 to 14 . 62 of the Minnesota Statutes, and such
parts of the procedures under section 310 . 05 of the Saint Paul
Legislative Code as may be applicable . At the hearing, the
Administrative Law Judge will outline the procedures for the
hearing, and consider any motions which the parties or interested
persons may present . Evidence is presented under oath, and
witnesses are subject to cross-examination. concluding arguments
may be made by the parties . Following the hearing, the Judge will
prepare Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council . The
City Council is the ultimate decision-maker.
You should bring to the hearing all documents, records and
witnesses you will or may need to support your position. Subpoenas
, - -
���5��
may be available to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Rules, part
1400 . 7000 .
Sincerely,
�
- "" ���;�-�.u�� 0 � ��.�,�
Virgin a D. Palmer
Assistant City Attorney •
cc : Robert Kessler, Director of LIEP
West Side Citizens Organization, Sandra Levine, Community
Organizer, 625 Stryker Avenue, Saint Paul, 55107
West Side Safe Neighborhood Council, Sue Nipe, Executive
Director, 209 W. Page St . , Saint Paul, 55107
Smith-Dodd Business Assn. , Rick Aguilar, Executive Director,
602 Smith Avenue, Saint Paul, 55107
Richard Mosman, Administrative Law Judge
Nancy Thomas, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, 55401-2138
Nancy Anderson, Assistant Council Secretary
Christine Rozek, Office of LIEP
• • , �� ►�l� e�
OFFICE OF LICENSE,INSPECTIONS AND � ��Iyl��
ENVIRONMENTAL PROTECITON
Robert Kessler,Director ���a��r;�� f'"��'.:�
�►�� l ��q
CITY OF SAINT PAUL LOWRY PROFESSION.4L Telephone:612•266-9090
Norm Coleman,Mayor BUILDING Facsimile: 612•266-9099
Suite 300 612-266-9124
350 Sc Peter Saeet
Saint PauJ,Minnesota 55102-IS10
�� DATE: September 19, 1995 �������,��
r
T0: Saint Paul Rental/Dance Halls
NOV 0� �ggg
FROM: Christine Rozek
Deputy Director/LIEP� ���'y �����NEY
266-9108
RE: Requirements for Licensure
On August 8, 1995, the Saint Paul City Council revised the dance hall
licensing ordinance to include the requirement that rental halls also
obtain a license. This ordinance, Chapter 405 of the Legislative Code
(attached) , became effective 9/12/95 and provides the following
definitions of halls:
RENTAL HALL - any building, room, premises, facility, or portion
thereof which is available for use by any person or persons upon
the payment of a fee.
PUBLIC DANCE HALL - any room, place or space open to general
public patronage in which is carried on dancing wherein the public
may participate, whether or not a charge for admission for dancing
is made, and a public dance is hereby defined to be one which is
or may be attended by the public generally, whether or not a
charge for admission for dancing is made.
It appears that your facility meets the definition of a hall that
requires licensure. These licenses do need City Council approval before
they are issued and will take at least 30 days to process.
For your convenience, a Class III license application is attached.
Please complete the application, attach payment for $164.00, and send
to:
Office of License & Inspections
350 St. Peter Street - Suite #300
Saint Paul, MN 55101-1510
If you question whether you need this license, or have any other
questions� please contact me at 266-9108 or Kris Schweinler at 266-9112.
Thanks in advance for your cooperation.
CAR/j 1
Attachments/Ordinance & Class III Application
cc: Robert Kessler
Kris Schweinler
� � � .,_�:_.,_,:��.�1.��_ ` ' ����� � � �a-�s
� _ , .. -�.:�:I:,l.t �. �'� council File � . .---.- -
L j r � �'� i �� I N � (, Ordinance # ��
,,,,,. , � � �
Green Sheet � ��� �
ORDINANCE
� CITY � AINT PAUL, MINNESOTA ��
Presented sy �
Referred To Committee: Date
An ordinance to amend Chapter 405 of the Saint
Paul Legislative Coc� perta.ining to Dance Halls;
allowing that rental halls be required to purchase
a license under certa.in circumstances and maldng
other modifications.
�
TIiE COUNCIL OF TfiE CITY OF SAINT PAUL DOFS ORDAIIV:
Section 1
Section 405.01(b) of the Saint Paul Lrgislative Code is hereby amended to read as follows:
,,,v:,,..... .�..>.....:..
"Chapter 405. Dance or;R�Tifa'1 Halls*
Siv.•M•iR•�•.vkvc:iSiYM
Sec. 40�.01. License required; deCinition; certain exceptions.
(a) License. No person shall ea�reE opeiz:e a public dance o�<�ieiita� hall in Saint Paul without a
t::::.;:.:..._.� :.:�„�.:.>:.::.;..>:..:;r
license. �Tbtwitfistandin' #he#`ore o no li�ense s�� #��`required;i3:iidei��.this��apter<"{��s.f:�e
:.:.:<:;..::..::....::::.:g. . g:...�t t., >.>.v<..:..:>:;::,;:..: .:>. ...
.��� ri Y`t� � / < T r �� a - Y> S 4 A ^S )yy .� .'.?
person propos�g to operate the dance or r�ntal �a� alreac3y Thas;an on-�ai�.u�toucat�ng liquar,
restaurant, hotel orsmotel, or en+teriainrueat i�cease fo� ihe pre.mises a#.wh�c� t�e dance ox reat
acur-�ties would take place or�u) if Lhe dznc�or rentzi ac�nues fo`r K�hich a�cerise would be
,.:; , , , ,} t. � �. , , > •
required would,take place on the campus or.�n ttie facilihes:of a tona fide eTemeniary or s^�ona�y
sch`oolt vecahonai or°trade sehool�colIege„or,u?ruvers�t�i,or like:educatio 1 in�tu�on�;
:.: . ...>4'.'irnv.m.M 41.v:?+nv..nSA.t::�.P�.i�OF:titSVVY��:t4�:N�4tt4%i.
(b) Definicions �
„,.>Y:....
"Public dance hall" s}ial� means and includeg any room, place or space open to general public
:�>:�:.
patronage in which is carried on dancing wherein the public may participate, whether or not a
charge for admission for dancing is made, and a public dance is hereby defined to be one which is
or may be attended by the public generally, whether or not a charge for admission for dancing is
made.
• � .'Ni+w' ! ti '+!'i1 4 M ?N +vV "YR M Y K^Y! N !H4 yn'• ♦ ?Y'� >'+/.i^'i�`^V'i'$
��Zental ��11;' s�.a1l m�an and .�nclude,any build�n;g; ropm, �rer�uses, .�ac�Iity, vr �o�t;on �hexeofR••
��}uch �s ava�lable for use by,any person or;persons upon the,payment a£a:�ee�
&r .a.,.n.:r.:a ...v..... ..,,n.v...........a.....:... ........ � v.s...:
• �
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s�aon 2
Section 405.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
"Sec. 405.02, Fee.
. . �:+�•: .� n < � xen r w
(a) The fee • s�ait b.° set.yby ozclinance accordmg to sectro� 3IOrfl9�b) �f�e
....>..,>.�:.w......:.,,.>...w..............� • .... ...... .... ., �...,...... ...<.��. . ....�w.. ..,...v... ,.�..v.., .........�,.> .......,,,, ......w
�eg�slat�v:e:Cod.e:� �
YiiYi'F+...ii::•rNiT>:<i!�:•i'v;:"ia:>i'r.::r:L:S:Y.
� • � • • •
) � . • • • • •
� � • • • • •
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Section 3
Secdon 405.03 of the Saint Paul Legisladve Code is hereby amended to read as follows:
"Sec. 405.03. Licensing requirements.
(a) Application. In addition to other required information, the applicant shall submit in #� �i:e
r:.�.:..s.
application the street number of the building and the floor area ��a€ wherein it is proposed to
<....,�.«...,....., »:.,.;.;..s
conduct said dance o;r;:rer�.Nta� hall; the occupation of the applicant for the year next preceding the
Y-.„..,M,,:..�.,:...
ma]dng of his application; whether or not the applicant has previously conducted a dance or;:r�ntal
x�..�.w,...���:.::;::.
hall, and, if so, when and where; whether or not the applicant has ever been convicted of violation
of Chapter 570, Laws of 1913, relating to public dance halls, and if convicted, when and where;
whether said dance hall or the stairs or p�ssageway leading thereto adjoins any place having so-
called '`private apartments" or '`private rooms" furnished for other than legidmate purposes, and
whether sa.id dance hall has direct communication with any room in which intoxicating liquors are
sold or given away.
(b) Investigation of premises. The proposed licensed premises shall be invesdgated by the director
of the ' ' ' ' 't}ffice of�r.cense`�Zn"°�"spect�aru and�`�nviron enta���ot c ion to
: M..nY�... hi�<4wa.5:..:C...w.H..�{�w.6.. n»nYn��x�4c{..ww.K..n�.iwJ.�•wiv�:.:444.4k•i%vw�ha•YRWi�WMi:O.W'M�4:4:ti�Kt+iF:wW �
determine whether the premises complies with all the requirements and other reguladons ss-Ee
� � of'�tie builaia�
. . . .
y.iwn....,.� „ • iv?iiN'w4iYrM"C4iNYiXJiiiiYTwi•.�
code.
���
" , _ _ _
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t'� (o'(o'��
' , ' Section 4 ����
Secdon 405.0� of the Saint Paul Legislative Code is hereby amended to read as follows:
"Sec. 405.04. Regulations; restrictions.
y+s}
(a) Reports to police. It is hereby made the duty of every owner or manager of a public dG►nnce ot
...,,......,. n......................... :::::.
,..,. ..:.. . ..::,.:.. :::....,..:,,..... . .
renta� hall to report to the central police st�tion all dances or_;concerts to be heId in said dance or
�• F
rental hall at least for�y-�igh� (4$) t�r-e� `-�—�,:r—� hours pnor to the holding thereof. �e
I�censee shaIi�cooperate'with the pol�ce ui prov�ding anformatlon to the police abouf �e eYent an�
#he arran�e�ents'for it for th� purpose�of f�l�tai�n�'such`secunty, traffic, and park�ng�mYeasure�
�;:< a
as may�easonablY�be;?e4u,.�md.:�Y:tE�er�ol���:.a'?d sha�:;corrr�?ly.,wrth such�requ}rer�ents�
�:>:...v:�»:�
(b) Not to admit certain persons. No person to whom a �� �iceuse has been issued shall permit
r,>:<.»».<.>,>,..
to be or to remain in any public ' ::. �'ance;:or;;r:e;ntal:;1�`a1� any intoxicated person, any
x:.:..::.:.:.::::..:...:...:.»::::>;..�::...:.:::.:
prosdtute, any person of }:nown immorality, or any unmarried person under the age of sixteen (16)
years unless such person is accompanied by a parent or guardian, nor any unmarried person more
than sixteen (16) and under the age of eighteen (18) years unless such is accompanied by a parent
;........,..,....,.. ...., M .w., ,.c�-,.,,.. :.,
or guardian or presents the written consent of his parent or guardian to Iicerise:;�i:o.3.d:e�
..•iYi..�Y.wtiW.�tw:.:�iii.w
1
� •
(c) Intoxicating liquor prohibrted. It is unlawful to sell, ' , ' any intoxicadng
liquor at or in connection with any public dznce, and no such dance shall be held or conducted in
any room or hall opening into or connected with any place where intoxicating liquors are sold or
dispensed.
(d) Hours. No public dance shall be held or conducted between the hours of 1�:00 a.m. �m'i�di►ig,�iyt�
and 6:00 a.m. of any day; provided, that no public dance shall be held or conducted on Sunday
during the hours preceding 12:00 noon thereof. T` '� " `" �-"' :' ''°�-'''� •�_ =�i 4.�
, �. .
� � o • d "
, �
.•.� _�
.
n
d b '
3 �v- �i-�S
Section 5 9� '"G 7� ,
This ordinance sha]1 take effect and be in force thirty (30) days from its date of passage, approval,
and publication.
Requested by Department of:
Yea Nays Absent
a e
uerin � Office of License. Insoections and
arris Environmental Protection
_ evar ��
e man
une �` -V-- �
rimm
O BY�
Adopted by Council: . Date
Adoption Certified by Council cretary Form Approved by City Attorney
.
gy; � BY; � . (v�(�•yj.
Approved by � or: Date l S
Approved by Mayor for Submission to �.
// � ' Council
By: G'�/l��-���!, �Ci ,���(/ �
BY� '"t�
a
���/S�e� �/�-9�
,� Are you going to have a manager or assistant in this business? _YES NO If the manager is not the same as the operator,
please complete the following information:
First Name Middle lnidal (Maiden) Last Date of Birth
Home Address: Street Name Ciry Statc Zip Phone Number
Please list yow employment history for the previous five (5)yeaz period:
Business/Emolovment Address
List all other officers of the corporation:
OFFICER TITLE HOME HOME BUSINESS DATE OF
NAME (Office Held) ADDRESS PHONE PHONE BIRTH
If business is a pazmership,please include the following information for each partner(use additional pages if necessary):
First Name Middle Initial (Maiden) Latt Date of Birth
Home Address: Street Name City State Zip Phone Number
First Name Middle Initial (Maiden) Last Dau of Birth
Home Address: Street Name City State Zip Phone Number
MINNESOTA TAX IDENTIFICATION NUMBER - Pursuant to the Laws of Minnesota, 1984, Chapter 502, Article 8, Section 2
(270.72)(Tax Clearance;Issuance of Licenses),licensing authorities are required to provide to the State of Minnesota Commissioner
of Revenue,the Minnesota business tax identification number and the social securiry number of each license applicant.
Under the Minnesota Govemment Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the
following regarding the use of the Minnesota Tax Identification Number:
- This information may be used to deny the issuance or renewal of yow license in the event you owe Minnesota sales,
employer's withholding or motor vehicle excise taxes;
- Upon receiving this information, the licensing authority will supply it only to the Minnesota Departrnent of Revenue.
However,under the Federal Exchange of Information Agreement,the Department of Revenue may supply this information
to the Internal Revenue Service.
Minnesota Tax Identification Numbers(Sales& Use Tax Number)may be obtained from the State of Minnesota,Business Records
Department, 10 River Pazk Plaza(612-296-6181).
Social Security Number:
Minnesota Tax Identification Number:
If a Minnesota Tax Identification Number is not required for the business being operated, indicate so by placing an "X" in
the box.
' ,
CLASS III CITY OF SAINT PAUL
LICENSE APPLICATION Office of License, �����
and Environmental Protection
350 Sc Peter St.Suiu 300
Saint Pwl,Minnaou SS 102
(612)266-9090 fax(612)26�9124
� THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC
PLEASE TYPE OR PRINT IN INK
Type of License being applied for:
Company Name:
Corporation/Partnenhip/Sole ProprieWrship
If business is incorporated,give date of incorporation:
Doing Business As: Business Phone:
Business Address:
Street Address City State Zip
Between what cross streets is the business located? Which side of the street?
Are the premises now occupied? What Type of Business?
Mail To Address:
Street Address City State Zip
Applicant Information:
Name and Title:
First Middle (Maiden) I.ast Tide
Home Address:
Street Address Ciry State Zip
Date of Birth: Place of Birth: Home Phone:
Are you a citizen of the United States? Native? Naturalized?
If you are not a U.S. citizen,you must have work authorization from t6e U.S. Immigration & Naturalization Service.
Have you ever been convicted of any felony, crime or violation of any ciry ordinance other than traffic? YES NO �
Date of arrest: Where?
Charge:
Conviction: Sentence:
List the names and residences of three persons of good moral character,living within the Twin Cities Metro Area,not related to the
applicant or financially interested in the premises or business, who may be referred to as to the applicant's character:
NAME ADDRESS PHONE
List licenses which you currently hold, formerly held, or may have an interest in:
Have any of the above named licenses ever been revoked?_YES _NO If yes, list the dates and reasons for revocation:
Are you going to operate this business personally? YES NO If not, who will operate it?
First Name Middle Initisl (Maiden) Lact Date of B'uth
Home Address: Street Name City State Zip Phone Number
i �. �
CERTffICA'TION OF WORKERS' COMPENSATTON COVERAGE PURSUANT TO MINNESOTA S'TATUTE 176.182
I hereby certify that I, or my company, am in compliance with the workers' compensation insurance coverage requirements of
Minnesota Statute 176.182,subdivision 2. I also understand that provision of false information in this certification constitutes sufficient
grounds for adverse action against all licenses held, including revocation and suspension of said licenses.
Name of Insurance Company:
Policy Number: Coyerage from to
I have no employees covered under workers' compensation insurance
ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SUBMITTED
WILL RESULT IN DENIAL OF THIS APPLICATION
I hereby state that I have answered all of the preceding questions,and that the information contained herein is true and correct to the
best of my knowledge and belief. I hereby state further that I have received no money or other consideration,by way of loan, gift,
contribution, or otherwise,other than already disclosed in the application which I herewith submitted.
Signature(REQUIRED for all applications) Date
Attsch to this application:
1) A detailed descriptioa of the design, location and square footsge of the premises to be licensed(site plan).
T6e following data s6ould be on the site plan (preferably on an 8 1R" z 11" or 8 1/2" z 14" paper):
-Name,address,and phone number.
-T6e scsle should be stated such as 1" =20'. ^N should be indicated toward the top.
- Placement of all pertinent features of the interior of the licensed facility such as sesting areas, kitchens,
offices, repair area,parking, rest rooms, etc.
- If a request is for an addition or expansioa of the licensed facility, indicate bot6 the current area and the
proposed expansioa.
2) A copy of your lease agreement or proof of owners6ip of the property.
� OFFICE OF LICENSE, TIONS AND
ENVIRONMENTAL PRO ON n � _� ���
Robert Kessler,Director `��
CITY OF SAINT PAUL LONRYPROFESSIONALBUILDING Telephone:611-266-9090
Norm Coleman.Moyor Suite 300 Focsimile: 612-266-9099
350 St Peter Street 612-266-912t
Saint Paul,Minnesota 55102-I510 '
�P
-= R�CEIV��
September 10, 1996 SEP 11 199�
; C�TY ATTORNEY
Mr. Raymond Hessler
10140 Adam Avenue
�
Inver Grove Heights, Minnesota 55077
RE: Application for a License at 627 South Smith Avenue
Dear Mr. Hessler:
As you know, the Saint Paul City Council considered your application for a rental hall license at
627 South Smith Avenue on August 27, 1996, and referred the matter to an administrative law
judge for a hearing. At the same meeting, the application for the previous tenant at the same
location was denied based on LIEP's recommendation.
Currently there is no license to operate a rental or dance hall at 627 South Smith Averiue. I am
writing to advise you that if you continue to operate a rental and/or dance hall.at that location,
that you are subject to being cited for operating without a license. Additionally, the �peration of
the premises as a dance/rental ha11 may be used as evidence at the administrati�'�Tiearing as a basis
for adverse action on your pending application.
This is a serious matter that requires your immediate attention. If you have questions regarding
, this matter please refer them to Assistant City Attorney, Ginger Palmer at 266-8719.
Sincerely,
1,�i'G� ����`���.
Robert Kessler
Director
RK:ss
cc: Ginger Palmer, Assistant City Attomey
Karen Mishler, Hall Manager
Sandra Levine, WSCO �
Sue Npe, Neighborhood Crime Watch
Rick Aguilar, Smith-Dodd Business Association
Ann Briseno, Riverview Economic Developme� ■
_ In Re the License Application of
Raymond Hessler —
Citv's Exh. No. 1
.. � '
�"�5��
STATE OF MINNESOTA )
) ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF R.AMSEY )
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on October 1, 1996, she served the attached NOTICE OF HEARING
on the following named attorney by placing a true and correct copy
thereof in an envelope addressed as follows :
Mr. David Essling
Essling, Ltd.
1217 West 7th Street
St. Paul, MN. 55102
(which is the last known address of said attorney) and depositing
the same, with postage prepaid, in the ' ted States mails at St .
Paul, Minnesota.
G
JO E G. CLEMENTS
Subscribed and sworn to before me
this lst day of October, 1996 .
�
Notary Public
� � � RITA M. BOSS.';�`;D �
�''� �:UTARY PUBUC-MI�:,.�SOTA
RAMSEY COUNTY
W►y c,omri.�►�dan.a�,2000�
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- ._ ���s.� C:A:�E 9619640 q� � � ���
CA:E TYPE CM :�TATUS T FILE L)EFN OOO�i090i
OFF DATE OS/13/89
INCIDENT ADDR 627 S :�MITH :�T f'AiJL MN
COMPLNT DT TIME C'OMPL # 89119111 ORI MN0620900
—OFFIC'ERS—
KEMPE MAkK C [VLTMBER OU0394650 TYYE APP REQ
AGENCY ST PAUL F'D NOTIFY
CITN NO C:HARGES LVL f'LEA/OT(:T1 DIV
GM--Sf'F'D O1 t �r� M PG
CLRK UATE
LHH 08/15/89 AFiRAIc�NMENT �JCIDt;E GOkI�UN SHZJMHKEk
CONTIN TU 08/22/89 13:15 (:'C �JLJDGE ' CTFtM AUC
MINlJTES: F'LEA/ATTY
AC:I) 08/16/89 O1 RLTLE 7 FILEI� HKNC;:
YF' 08/22/$9 CRIMINAL C:OURT �71JDc;E J THOMAS MUTT
CONTIN TO 09/29/89 10:0U GH JL1Uc�E UONALD C;ROSS c:'TKM
AC'D 08/2 89 02 CERTIFICATE OF kEPRESENTATION FILED HkNG:
LD �OMNIEiIJS HEARING Jl1DC;E ALRERTc:� MIERA
CONTIN Tc.) 10/27/89 09:00 AC' JLTDGE CTkM 1295
CHG 01 DISP: f'LEAI) GUILTY
09/29/89 SENTENC:E — (:'HG O1: $300.00 FINE $30.00 SC ;�0.00 SiJSP
SENTENCING JUDGE ALBERTO MIEItA $0.00 COSTS $0.00 REST
TIME: YR MO 030D CONFIN #: ' TIME :;L1;;P: Yk MO 030L>
NOTES: UAYS SS 1 YR COND 1—NO 2—::AME C)k SIM 2—F'AY FINE
MM 10/2 7/8 9 ADM CAL �T1 JDGE
CONTIN TO 09/09/9p 09:U0 AC JUUGE CTKM 1245
MINiiTES: YAID IN FTiLL $330 CONTINUED FOR RE(:' CK NAK
MM 10/27/89 PAYMENT — CHc� O1 PMT O1: $300.00 FIN $.i0.00 SC ;,0.00 CST
TMS 09/09/90 ADM CAL �71IUc.;E
MINLiTES: RECURD CLEAR — NO Fi.JRTHER AC'TION
—BALANCES— FINE PD FINE DiJE SC' F'U SC Dt.iE �:'C>STS PI� C'OSTS ULIE
C'HG O1 $300.00 ;�0.00 $30.00 ;�0.00 ;;0.00 $U.OU
TOTALS $300.00 $0.00 ;30.00 $0.00 ;�0.00 $0.00
—DISPLAY COMYLETED—
DAN IEL W.IUNDSTROM,Disbict CouR Admit�S6r�t�,
Ramsey County,State of Minr�esota�does hereby
ce�tify that t�e attached instwnent is a true and correc�
c�py of the origin�l on f le and of record in my offioe.
Dated this ay of Q G� .19��
DMtIEL W.LUNOSTROM,District CouR A�tm�ator
�r� " �h►
F1e No.
■ ■
In Re the License Application of
— Raymond Hessler —
- Citv's Ex�x. No. 5
STATE VS SIMONES, MAFtTIN Lc:�I.iIS !:'ASE 96:i9669 "1� �`��
('�ASE TYYE CM :">TATLJS T FILE I�EFN OOO��U i�Iy �� � �
OFF DATE 08/13/89
INCIUENT ADDR 627 SU :,MITH ST f'ALiL MN
COMPLNT DT TIME C'OMPL # 9119111 ORI MN0620900
—OFFICERS—
MARKCTSON JON O NUMAER 000993720 TYPE AF'P kEQ
AGENCY ST PAUL PD NC�TIFY
CITN NO CHARC;ES ' LVL PLEA/OTCT1 DIV
— O1 ENCAC�E IN PRC�STITLTTION UM
"_:�a�';Y}�
M Pc;
CLRK DATE
PP 09/20/89 CRIMINAL CG?TRT �7LiDGE ALLAN MAKKERT
CUNTIN TO lU/17/89 13:30 YT JCTUC;E ALLAN MARKEkT CTFtM
TMS ���RE—TRIAL JLTDGE ALLAN MAkKERT
CONTIN TO 11/O1/89 09:00 AC: ,TCJIIC�E �:'TkM 1295
MIN�JTE:�: Fc' PAY/Af'F'EAFc
CHG O1 OLITCOME: DISMI:;SEU DISF': DISM MUTION PkOSECti
10/17/89 SENTENc:'E — C:HG 02: $50.00 FINE $O.UO SC: ;�0.00 SUSP
SENTENC::INC� JUDGE ALLAN ��RT ,0.00 C0:TS ;�0.00 kEST
� '��t��� FC 11-1-89 PAY/AYF'EAFi
TMS 10/26/89 ADM C'AL �TUc�E
MINiJTES: FINE PAID IN FtiLL
TMS 10/26/89 PAYMENT — CHcr 02 F'MT O1: $50.00 FIN 50.00 SC ;�0.00 CST
TMS 11/O 1/8 9 ADM C'AL �71 JDc�E
MINUTES: PAID IN F'CJLL 10-26-89
—BALANCES— FINGE YU FINE`l DUE SC PD SC' DiJE CC>t>TS F^D/ C'O:TS DiJE
�RL �Z y`'Q�QD Y'V�00 ��.Q� y`Q��� ti'��11V 4'�.��
TOTALS $50.00 $0.00 ;�0.00 $0.00 ;�0.00 $0.00
—DISPLAY COMPLETED—
�ANIEL W.LUNOSTROM,DistriCt Cou�����'
RamseY Co�nty,State of Minr�eso�►.does herebY
ce�tify triat the attached mshume�►t is a�ue and�oared
�opy of the a�ginai on 'le and of record Y �
pated d�is
day of 19�
DANIEL W.L 11NOSTROM,Distt�t Co���
�Y
BY
Fie No.
� ■
In Re the License Application of
— Raymond Hessler —
City's Ezh. No. 6
_ �,,:.t0
. CASE 96:i9770 �S�' ����
CASE TYPE (.T4 STATUS T FILE UEFN 00051292 ���
OFF UATE 08/13/89
INCIDENT ADDR 627 50 SMITH ST F'AUL MN
COMFLNT DT TIME C:i)MPL # 9119111 ORI MN0620900
—OFFIC:ERS—
MARKUSON JON O Nt.TMBEk 000993720 TYF'E APP kEQ
AGENCY ST PALJL PD NC>TIFY
CITN NU C.:HAKC,ES LVL PLEA/OTC'M DIV
3-93168 01 DISORPERLY HOUSE — OPEkATE DM
�';� M YG
3-95071 03 ENGAGE IN F'kOSTITUTION UM
CLkK DATE
LO 01 A:',.;IC.;N APf'EAFt NUTICE PRINTED N YRNTU 09/22/89 HRNc,: 11/02/89
LO 02 ASSIGN APf'EAR NOTIC:E F'RINTEU N FRNTD 11/02/89 HkNG: 11/22/89
LKS 08/19/89 BAIL O1 TYPE: BONU $1500.00 RCPT #:
BOND: #ICT�I 20567
SAfi 09/20/89 CRIMINAL CULTkT JUDGE ALLAN MARKERT
CONTIN TO 11/02/89 09:00 PT JUDC;E JC�HN c:'ONNOLLY CTkM
MINUTES: kTILE 17 REC.EIVED
TMS 11/02/89 PRE—TRZAL JUUGE JOHN CUNNOLLY
CONTIN TO 11/22/89 09:00 F'T JLJDC;E JAME: CAMPBELL C:Tf(M
MINUTES: FC PRE—TRIAL (CLERKS SRID REC'EIVEP NO TAG� WITH
�-��)
LHH 11/22/89 PRE—TRIRL JI.iDGE JAMES CAMPBELL
CONTIN TU 02/28/90 08:30 �7T JUDc�E (:'TRM 801
ACP 12/09/89 03 Mc:>TION FILEI> HkNG:
ACD 12/09 „9 09 REQiTEST FOR DISCc)VERY FILEI� HTtNc;:
TMS JUkY TRIAL �JIIUGE JAMES C'AMPBELL
CONTIN TU 02/19/91 09:00 AC JLIDc:;E (:TkM 1295
MINUTES: Fc: RECc.�kD CHEC'K (NAR)
CHG O1 OUTCOME: DISMISSEU DISY: I)I�M MUTION F'RO.EC1.1
CHG 03 OiJTCOME: DISMISSED bISP: UISM Mi>TIC>N�'ROSEC'l.i
02/28/90 SENTENC'E — CHC; 02: $0.00 FINE $0.00 SC' ;0.00 SUSP
SENTENC::ING �NI�c,E .JAMES CAMPPELL ;�0.UO Cc7ST5 ;�0.00 REST
TIME: YR MO 005U CONFIN #: TIME SLJSP: Yk Mc:> 005I�
NOTES: 5 I)AYS — :;S TO ('OLlRT 1Yk C:ONU-1)FC)kFEIT THE MONEY
THE F'OLIC'E CONFISCATED 2)LA
FC 2-19-91 (NAR) RECORD CHECK
AC:P 03/O1/90 05 PET TO PLEAD GUILTY IN MISD FILED HKNC;:
Al`I� 03/08/90 06 ORL�ER FILEI� HKNc�:
LHH 02/19/91 AL)M CAL JCiUGE
MINIJTES: kEC CLEAR NO F'I.JRTHER ACTION;
—BALANC'ES— FINE YD FINE I)i.iE SC E'D SC DUE COSTS f'D COt;TS DiTE
TOTAL:, $0.00 ;�0.00 ;�0.00 ;�0.00 ;�0.00 ;�0.00
—UISPLAY CUMPLETEL)—
OANIEL W.LUNDSTROM�DisiriCt CouR Adndtristrd�.
Rams�y Coun;y,State of Minnesota,cbes herebY
ce�tify thai�tie attac�rd insVumerit is a iruue and corred
copy of the origin�l c i;►e Zn�of re�rc1 in my office.
Dated th�� ca�ct .�c� .19�
� DANIEL W.LUNOSTFO:1,Disirict Court AdminisUator
gY � ./� ,�—��� oepui�►
FlieNo. � ■
_ In Re the License Application of _
` Raymond Hessler
Citv's Exh. No. 7
� `
�s;��:.
�.�
_ ��
" �,�-r
�.r.
�i�
� ��- �. ���''p �%L�
�
q� �l��q
In the Matter of The Application
of Raymond Hessler for a Rental
Hall License
. � ��-�s�°�
INDEX
Page
% 1. Rental Hall License Ordinance Passed July 26, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
i
' 2. Uniform License Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 1
3. Standard Rental Hall Contract for Smith Avenue Rental Hall . . . . . . . . . . . . . . . . . 12-14
<�
'�`"� �� 4. Lease with Long Term Tenant Harvest Fellowship . . . . . . . . . . . . . . . . . . . . . . . . . 15-21
,
5. Lease with Long Term Tenant Elite Catering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-27
�6. Correspondence between City and Hessler Attorney Regarding
Use Pending License Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-33
7. Hessler Records Regarding Rentals August 1996 through
� September 1996, Faxed to Licensing Division . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-38
�� - 8. Ray Hessler Agreement of July 11, 1996, to Conditions
� Required by Licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39=40
'� 9�, Stipulation to Discharge Convictions (1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41-42
_�
� ��-- (10. 1990 Suit by City to Declare Nuisance— Complaint. . . . . . . . . . . . . . . . . . . . . . . 43-47
' '' ; Answer and Counterclaim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48-52
: ,���, ' Stipulation of Settlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53-55
� V
`11. ' Documentation Regarding Charge of Permitting Public
_ Nuisancein1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-57
l Z: 1994 Appraisal by Richard M. Parranto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58� ��
,_ -__
13. Memorandum of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � `�! �
�v
� � sEP-03-1996 16�33 CITIZEN SERVICE OFFICE 612 2 6 8 P.01i01
R � 1///y/��_ //'j�////��
. ' 'N��. . , . . �' � �.' -�� . ' l ���� • I
Sec.405s01.License required;definition;etrtain exceptions.
'�
:� (a)License.No persoa sha11 operate a public danee or rental
hall in Saust Paul without��llcense•Notwithstanding the foregoing,
no license shail be required under this chapter(i)if the person S �- �
proposing to operatc the dance or rentai hall already has an on-sale J��
intoxicating tiquor,restaurant,hotel or motel,or entertainment ('1 � , � �S
license for the premises at which the dance or rent activities would ��'' �
take place,or(ii)if the dance or rental activities for which a . .e�,�.��
lieense would be required would takc:plaee on the campus or in the�� �
facilities of a bona fide elementary or secondary school, vocational �
or trade school, college or university,or like edueational institutioa. �
�
(b) Definitions. "Public dance hall" sha11 mean and inelude
any room,place vr space open to general public paVonage in which
is carried on dancinE wherein the public may participate,whether
or not a charge for admission�or dancing is raadc, a�d a public dance
is hereby dEfined to be one which is or may be attended by the pubiic
gencrally,whethcY or not a charge for admission for dancing is made.
"Rental haU"shall mean and include any buiiding,roo�n,premises, �_
facility,or portion thereof,which is available for use by any person
or persons upon the payment of a fee.
(Code 1956, §�405.01, 404.01,404.08;C.F.No. 95-673, § 1, 7-26-95)
,� _
�
�ges� �
Os�
Note 767�
post 1r F� � F�w�+ ^�v� �r TY C
j� q o
c.�,lo�i� � P„°^@« 2 �O ��
��k F�
�
2b� r
��. �; ax« 3 -o�r5
�
� �
� ;
. „ ,�,1 �.�
R;
, �
G�`�'/S�°!
��g� §330.01
I
SUBTITI.E A IN GENER.AL Class I licensea means thoae licenses which can
be approved and issued or denied by the director,
subject to the procedures required by these chap-
Chapter 310. Uniform License Procedures ters• The following licenses are so classified, and
the numbers shown opposite them correspond to
Sec. 510.01. DeBnitions. �e�P����e Legislative Code pertaining to
each license:
For the purposes of tlus chapter,any chapter of
the Legislative Code pertaini.ng to licenses as here- Legislative
inafter meationed, and subsequently.enacted or- CO�
di.nances establishing or relating to the require- Class I Licenses Chapter
meats for Clasa I, Clasa II and Class III licenses Automobile Repair Garage and 315
under authority of the City of Saint Paul,the terms gady Shop
defined in this section shall have the meanings ��� Foods Manufacturing 316
ascribed to them: and Distributi.ng
Adverse action means the revocation or suspen- ��ement R,ides 31?
sion of a license,the imposition of conditions upon Mechanical Amusement Devices 318
a license,the denial of an application for the grant, B�POS�� 319
issuance or renewal of a license,the imposition of Bituminous Contractors 320
a fine, the assessment of the costs of a contested BO��g �d Roominghouses; 321
hearing, and any other discipliaary or unfavor- Dormitories
able action taken with respect to a license,licens- Bowling Alleys; Pool Halls 322
ee or applicant for a license. Adverse action in- �8���ee Sales 323
cludes aay of the foregoing directed at one (1) or Cigarettes 324
('� more licenses held by a licensee at any location in �°�"�t Sales 325
the City of Saint Paul. Adverse action also in- B��g Contractors 326
cludes disapproval of licenses issued by the State �'Y Cleaaing and Dry Dyeing 327
of Minnesota under statutory provisions wluch per- P��; ���es
mit the governing body to disapprove the issuance Electrical and Appliance 8epair 328
of the license. ���—�lephone Devices; 329
Apparatus Installers
Bond means a bond meeting the requirements ���� 330
of section 310.0?and indemnifying the City of Saint Food License 331
Paul against all claims,judgments or suits caused Fuel Dealers—Liquid Fuel 332
by, resulting from or in connection with any li- �el Dealers—Solid Fuel 333
censed business,activity,premises,thing,facility, Fumigatiag—Pest Control 334
occurrence or otherwise under these chapters. Gasoline �lling Stations 335
Private Fuel Pumps 336
Building official means the official in the office Ha�dware Stores 337
of license, inspections and environmental protec- House Sewer Contractors 338
tion charged with the responsibility of enforce- Ice Cream Processing and Dis- 339
ment of the building code. tributing
Mercantile Broker 340
Chapters and these chapters shall mean this Uni- M� 341
form License Ordinance, any chapter of the Leg- Oil—Bulk Storage 3�
islative Code pertaining to licenses as hereinafter Opticians 343
mentioned, and subsequently enacted ordinances pawn Shops 3�
establishing or relating to the requirements for P��e� 345
Class I, Class II and Class III licenses under au- Soliciting 3�
, thority of the City of Saint Paul.
'�.
Supp.No. 30 2026.3
�
� ,
� �`�� ����
�310.01 LEGI3LATIVE CODE -
Legislatiue Legislative
Code C1ass Ir Licensea Code
Class I Licenses Chapter �ty Gambling Permit Section 402.06
Pet Shops 347 Solicitiag Fands-1"ag Daya Chapter 391
Radio and T�levision Repairs 348 Zlemporary OnSale Beer Section 410.10
Rental of Clothing 349 Temporary Wine and Li- Section 409.Z�
Rental of Hospital Equipment 350 _ quor
Rental of Kitchenware 351
Rental of Trailers 352 . Class III licenses means those licenses wluch
Roller Rinks 353 can be approved or denied only by the couacil,
Sanitary Disposal 354 subject to the procedures required by these chap-
Secondhand Dealers 355 ters. The following licenses are so classified, and
Sidewalk Contractors 356 the numbers shown opposite them correspond to
Solid Waste 35? the chapters in the Legislative Code pertaining to
Sign and Billboard Construction 358 each license:
Sound Trucks and Broadcasting 359
Velucles Legislative
Public Swimming Pools 360 C�
1bw 1�ucks--Service Vehicles 361 Class III Licenses Chapter
Tree 1�imming 362 Auctioneers 400
Vending Machines 363 Motor Vehicle and Parts Dealer 401
Veterinary Hospital 364 B�go �
Window Cleaning 365 B�� H� 403 /
Block Parties 366 private Clubs 404 �
Tattoo Parlors 367 Dance Halls 405
Wrecking of Buildings 368 Game Rooma 406
Building�rades Business Licens- 369 Hotel 407
� Junk Salvage and Scrap 408
Buildiag Z�ades Certificates of 370 ��fficating Liquor 409
Competency Nonintoxicating Liquor 410
Finishing Shop 371 Entertainment 411
Z�re Recapping Plants 372 Conversation Parlors 413
Transient Merchants 373 Motion Picture Theatres 415
Therapeutic Massage Center 412 Motion Picture Drive-In Theatres 416
Therapeutic Massage Practitia 414 P�,�g� 417
ner Ta�cabs 376
Class II licenses means those licenses which must Gambling License 419
be approved or denied by the director, subject to '
the procedures required by these chapters. The Director means the director of the office of li-
following licenses are so classified, and the num- cense, inspections and environmental protection,
bers shown opposite them correspond to the chap- �ess otherwise deEtned in the specific chapter,
ters in the Legislative Code pertaining to each �on or subdivision referred to.
license:
Division means the office of license,inspections
Legislative and environmental protection as the successor to
Class II Licenses Code the former division.
Auctioneers—Short Term Chapter 390 Fee means and includes both the license fee and
License application fee unless otherwise provided.
Supp.No.30 2026.4 �
� �
, Z�_ /S ��
�
�� LICENSES �310.02
Inspector as used in these chapters means the quent, on any property,real or personal,situated
director of the office of license, inspections and within the City of Saint Paul and used in connec-
environmental protection or his or her designee. tion with the business operated under said li-
cense.
License means and includes all licenses and
permits provided for or covered by these chapters. Notwithstanding the previous paragraph, the
License also includes licenses issued by the State council,the director or the inspector may issue or
of Minnesota under statutory provisions which renew a license if it is found that:
permit the goveraing body to disapprove the issu- (1) The applicant has made an agreement sat-
ance of such licenses, for the purpose� of making isfactory to the Ramsey County attorney to
procedures in Chapter 310 of the Legislative Code pay delinquent taxes in periodic install-
applicable to the approval or disapproval of such
ments;
licenses.
(2) The applicant has properly commenced a
Person means and includes any persoa, firm, proceeding to contest the amount of tas due
corporation, partnership, company, organization, or the valuation of his property, and has
agency,club or any group or association thereof.It made all partial payments required by law
shall also include any eaecutor, administrator, in connection with such proceeding or
trustee, receiver or other representative ap-
pointed by law. (3) The business PropertY with respect to wluch
tazes are delinquent is not owned by the
Zoning administrator means the o�cial charged applicant, but by a lessor, and it would be
with responsibility for enforcement of the zoning inequitable to require the lessee to pay
code. such taxes.
� (Code 1956, § 510.01; Ord. No. 17303, § 3, 10-29-
� 85; Ord.No. 17569, § 1, 6-?-88; Ord.No. 17919, § �a license is issued or renewed because of the
1, 3-31-92; C.F. No. 93-1645, § 8, 12-30-93; C.F. �$�nce of an agreement as described in subsec-
tion (1) a bove, t he license may be revo k e d i f t he
No.94-46,§6,2-2-94;C.F.No.94500,§2,?-6-94; licensee defaults upon such agreement.
C.F.No. 94898, § 1, 7-13-94;C.F.No. 95-473, $ 1,
5-31-95) (c) Additional information. The inspector shall
prescribe the information required to be submit-
8ec. 310.02. Applicatioa. ted by each applicant in his application, in addi-
tion to that required by specific sections in these
(a) Form. All applicants for licenses or permits chapters, as may be necessary to carry out and
issued pursuant to these chapters shall make enforce any provision hereunder. He shall require
both original aad renewal applications to the in every case the applicant to submit his name;
inspector on such forms as are provided by the business or corporate name; names of partners,
division. Such applications shall not be received officers, directors, shareholders or trustees in-
by the inspector until completely filled out,accom- volved in the business; age; address; description
panied by all fees, insurance policies, bonds, de- or.bluepri.nt of the premises,if any,and the owner
posits, sureties, and indemnifications or certifi- thereof, and locations and addresses of other
cates required by these chapters, together with business locations in Minnesota.
the certification required in paragraph (b) below.
(d) No reapplication within one (1) year af'ter
(b) Taxes. No person shall be granted a license denial or revceation. No person may apply for any
or a renewal of a license required by the Saint license within one (1) yeaz of the denial or revo-
Paul Legislative Code unless, prior to and in cation of the same or similar license by the city
addition to any other requirements,rules or ordi- council, if such denial or revocation was based
nances heretofore or hereafter required,the Ramsey solely or paztially upon misconduct or unfitness of
County Department of Property Taxation certifies the applicant,evidence of violations of law involv-
' that said applicant has paid any and all taxes, ing licensed premises,evidence that the applicant
; real or personal, before said taxes become delin- had been involved in the operation of a nuisance,
Supp.No. 33 2026.5 G/
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�310.02 LEGI3LATIVE CODE
or fraud or deception ia the licenee application.A apply in any case where the applicant for a license
license is "similar," within the meaning of this must present a statement in writing ai��d by a
paragraph,if the basis upon which the revceation specified number or percentag�e of pezeons that
or denial of the original license was made would they have givea their consent to the grant of the
have been a relevant basis on which to deny or license.
revoke a license of the type aubaequently applied (Code 1956, � 510.02; C.F. No. 95-473, � 2, 5-31-
for. 95)
(e) Reapplication af�er denial; "interest" of ap-
plicant in nuoked license. An application by a �c. 510.03. Investigation and s�eview of new
person having an interest in,or whose sharehold- aPPlications,etc.
ers or officers have an interest in,any premises or �e inspector shall determine the sufficiency
enterprise whose license has been revoked or to �d accuracy of each new application and obtain
wluch a license has been denied shall be treated
as an application by the person whose license was $uch criminal history information as may be used
„. „ under Minnesota Statutea, Chapter 364, and is
denied or revoked.The term intereat, as used in
this paragraph, includes any pecuniary interest otherwise available by law. The inspector shall
in the owaership,operation,management or prof- make reasonable and appropriate investigation of
ita of an establishment,but does not iaclude:bona �e premises or personal property, vebicles or
fide loans;bona fide rental agreements;bona fide ����' � may be involved in or related to the
open accounts or other obligations held with or licensed activity, and shall request,where appro-
priate, the assistaace of other city divisions or
without security arising out of the ordi.nary and departments in maldng additional investigations
regular course of business of selling or leasing foF the purpose of determining whether the appli-
merchandise, fixtures or supplies to such estab- �t is or will be ia compliance with all applicable j
lishment; an interest in a corporation owning or ordinaaces and atatutes. The approval of such \
operating a hotel but having at least one hundred other divisions or departments is not required for
fiRy(150)or more rental units holding a license in �uance of a license unless otherwise required by
conjunction therewith; or ten (10)percent or less
interest in any other corporation holding a li- �fi� �O���Se chapters.All new appli-
cationa shall be reviewed by the zoning adminis-
cense. trator or his designee for compliaace with all
(fl Prohibition on reapplication;exception. The ��ments of the Saint Paul Zoning Code, and
prohibitioa on reapplication herein provided shall no new license shall be granted without full
not apply in cases where it is otherwise eapressly compliance with said requirements. All new ap-
provided by statute or ordinance. plications involving a premiaes,location,building
or structure shall be referred to the director of the
(g) Waiting period after filing of petition. Any department of fire and safety services and to the
petition required to be filed with the application building official for investigation and recommen-
for any license shall not be considered as officially dation.
filed and irrevocable until seven(7)working days (Code 1956, § 510.03; Ord.No. 17361, § 1,6-5-86)
after a petition is received in the inspector's office.
During the seven-day waiting period, any signa- 3ec. 310.04. Levels of approval; recommen-
tor of any petition may withdraw his name there- dations.
from by written request, and such request shall
be appended to the subject petition aad made a (a) Class I licen�s. Where an application for
part thereof. After the seven-day waiting period, the grant,issuance or renewal of a Class I license
signatures may not be withdrawn unless it is meets all the requirements of law, and there
shown they were obtained by fraud or duress. exists ao ground for denial, revocation or suspen-
Signatures withdrawn or obtained by fraud or sion of,or the imposition of conditions upon,such
duress shall not be counted in determining the license, the director shall grant, issue or renew
sufficiency of the petition. This subdivision shall said license in accordance with the application.
Supp.No.33 � 2026.6
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� �C�g� $310.06
H•
(b) Class II licenses. Where an application for eacept on the request of a councilmember,
the grant,issuance or renewal of a Class II license which request shall be incorporated in the
meets all the requirements of law, and there form a�a council resolution.Upon the pas-
effists no ground for denial,revocation or suspen- sage of such resolution, the director ahall
sion of,or the imposition of conditions upon,such give written notice of such hearing to the
license, the director shall grant, issue or renew affec.�ted neighborhood organizations. Such
said license in accordance with the application. public hearing dces not replace or amend
any of the procedures set forth in section
(c) CZass I and Class II licenses, if denied by 310.05 of the Legislative Code. If no re-
director. In the event the director, in�the case of quest for a public hearing is made before
both Class I and Class II licenses, determines the eapiration of any such license, and
that the application for grant, issuance or re- where there effista no ground for adverse
newal of the license dces not meet all the require- action, the director shall issue the license
ments of law�or that there effist grounds for in accordance with law
denial, revocation, suspension or other adverse �e) Appeal; Class I or Class II licenses. An
action against the license or the licensee, the ap�� � �e city council may be taken by any
director shall recommend denial of the applica- ��on aggrieved by the grant, issuance or re-
' tion and follow the procedures for notice and newal of a Class I or Class II license; provided,
hearing as set forth in section 310.05. however, that the appeal shall have been filed
(d) Class III licenses. �� �e city clerk within thirty (30) days after
the action by the director. The only grounds for
(1) Grant, issuance or transfer. Upon receipt of ap��g�be that there has been an error of law
a fully completed application and required � �e grant, issuance or renewal of the license.
( feea for a Class III license, and after the �e appeal shall be in writing and shall set forth
_ investigation required, the director shall �p���}�e alleged errors of law The council
notify the council.A public hearing shall be shall conduct a hearing on the appeal within
held on the grant or issuaace of all Class III ��y (30) days of the date of filing and shall
licenses. In any case where the director notify the licensee and the appellant at least ten
recommends denial of the grant, issuance (10) days prior to the hearing date. The proce-
or renewal of a Class III license, or where dures set forth in section 310.05, insofar as is
the council believes that there is evidence practicable,shall apply to this hearing.Following
which might result in action adverse to the �e hearing,the council may affirm or remand the
original or renewal application, the direc- matter to the inspector or director,or may reverse
tor on his or her own initiative, or at the or place conditiona upon the license based on the
direction of the council, shall follow the council's determination that the decision was based
pmcedures for notice and hearing as set on an error of law.The filing of an appeal shall not
forth in section 310.05.Where the applica- stay the issuance of the license.
tion for the grant,issuance or renewal of a
Class III license meets all the require- �fl No waiver by renewal. The renewal of any
ments of law, and where there effists no license; whether Class I, II or III, shall not be
ground for adverse action,the council shall deemed to be a waiver of any past violations or of
by resolution direct that the director issue �y �°�� for imposition of adverse action
such license in accordance with law. ��t such license.
(Code 1956,§510.04;Ord.No. 17455,§ 1,5-21-87;
(2) Renewal. The director shall in writing no- Qrd.No. 17551, § 1, 419-88; C.F. No.94500, § 1,
tify the council, and the affected neighbor- 7-6-94; C.F No. 95-473, § 3, 5-3i-95; C.F. No.
hood organization(s)established for citizen 95-1517, 1-31-96)
participation purposes, at least sisty (60)
days before the expiration date of all Class �• 310.05. Hearing procedures.
III licenses. A public hearing on the re- (a) Aduerse action; notice and hearing require-
' newal of any such license shall not be held ments. In any case where the council may or
Supp.No.33 2027
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�310.05 LEGI3L�lTlVE CODE
intends to consider any adverse action,including The council ahall consider the evidence con-
the revocation or suspension of a license, the tained in the record,the hearing esA*n;*+er's rec_
imposition of conditions upon a licenae, or the ommended findings �fact aad conclusions, and
denial of an application for the grant,issuance or ahall not consider any factual testimoay not pre-
renewal of a license, or the disapproval of a viously submitted to aad considered by the hear-
license issued by the State of Minnesota, the ing eaaminer. After receipt of the hearing
applicant or licensee shall be given notice and an ezaminer's findings, conclusiona, aad recommen-
opportunity to be heard as provided herein. The dations,the council shall provide the applicant or
council may consider such adverae actions when licensee an opportunitq to present oral or written
recommended by the inspector,by the director,by arguments alleging error on the part of the eaam-
the director of any esecutive department estab- iner in the application of the law or interpretation
liahed pursuant to Chapter 9 of the Charter, by of the facts, and to present argumeat related to
the city attorney or on its own initiative. the recommended adverse action. Upon conclu-
sion of that hearing, and after considering the
(b) Notice. In each such case where adverse record,the eaaminer's findings and recommenda-
action is or will be considered by the council, the tions, together with such additional arguments
applicant or licensee ahall have been notified in p�sented at the hearing,the council shall deter-
writing that adverse action may be taken against �e what, if any, adverse action shall be taken,
the license or application, and that he or she is which action ahall be by resolution. The council
entitled to a hearing before action is taken by the may accept,reject or modify the findings, conclu-
council. The notice shall be served or mailed a sions and recommendations of the hearing esam-
reasonable time before the hearing date, aad ��;
shall state the place,date and time of the hearing.
The notice ahall state the issues involved or (c-2) Ex parte contacts. If a license matter has
grounds upon which the adverse action may be been scheduled for an adverse hearing, council �
sought or based. The council may request that m e m b e r s s h a ll n o t d i s c u s s t h e li c e n s e m a t t e r w i t h
such written notice be prepared and served or ��other or with any of the parties or interested
mailed by the inspector or by the city attorney. Persons involved in the matter unless such dis-
. cussion occurs on the record during the hearings
(c) Hearing.Where there is no dispute as to the of the matter or during the council's final deliber-
facts underlying the violation or as to the facts ations of the matter. No interested person shall,
establishing mitigating or aggravating circum- with luiowledge that a license matter has been
stances, the hearing shall be held before the scheduled for adverse hearing, convey or attempt
council.Otherwise the hearing shall be conducted to convey, orally or in writing, any information,
before a hearing eaaminer appointed by the coun- argument or opinion about the matter, or any
cil or retained by contract with the city for that issue in the matter,to a council member or his or
purpose. The applicant or the licensee shall be her staff until the council has taken final action
provided an opportunity to present evidence and on the matter, provided, however, that nothing
argument as well as meet adverse testimony or herein shall prevent an inquiry or communica-
evidence by reasonable cross-egamination and tions regarding status, scheduling or procedures
rebuttal evidence. The hearing eaaminer may in concerning a license matter.An interested person,
its discretion permit other interested persons the for the purpose of this paragraph,shall mean and
opportunity to present testimony or evidence or include a person who is an officer or employee of
otherwise participate in such hearing. the licensee which is the subject of the scheduled
adverse hearing, or a person who has a financial
(c-1) Procedure;hearing examiner. The hearing iaterest in such licensee.
esaminer shall hear all evidence as may be pre-
sented on behalf of the city and the applicant or (d) Licensee or applicant may be represented.
licensee, and shall present to the council written The licensee or applicant may represent himself
findings of fact and conclusions of law, together or choose to be represented by another.
with a recommendation for adverse action.
Supp.No.33 2028 �
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. LICEN3ES �� ' ���� 310.05
�
(e) Recora�evidence.The hearing esaminer shall (j) If the council imposes an adverse action as
receive and keep a record of such proceedings, defined in section 310.01 above,a generic notice of
including testimony and eshibits, and shall re- such action shall be prepared by the license in-
ceive and give weight to evidence,including hear- spector and posted by the licensee so as to be vis-
say evidence,which possesses probative value com- ible to the public during the e$'ective period of the
monly accepted by reasonable and prudent persons adverse action. The licensee shall be responsible
in the conduct of their affairs. for taking reasonable steps to make sure the no-
tice remains posted on the front door of the li-
(fl Council action, nsolution to contain find- censed premises,and failure to take such reason-
ings. Where the council takes adverse action with able precautions may be grounds for further
respect to a license, licensee or applicant for a adverse action.
license,the resolution by which such action is tak- �k) Imposition of costs. The council may impose
en shall contai.n its findings and determination, upon any licensee or license applicant some or all
including the imposition of conditions,if any.The of the costs of a contested hearing before an inde-
council may adopt all or part of the findi.ngs, con-
clusions and recommendations of the hearing es- Pendent hearing examiner.The costs of a contest-
aminer,and incorporate the same in its resolution �hearing include,but are aot limited to,the cost
of the administrative law judge or independent
taking the adverse action. hearing ezaminer, stenographic and recording
costs, copying costs, city staff and attorney time
(g) Additional pra;edu�s where nquined.Where for which adequate records have been kept,rental
the provisions of any statute or ordinance require of rooms and equipment necessary for the hear-
additional notice or hearing procedures,such pra
ing, and the cost of expert witnesses. The council
visions shall be complied with and shall super- may impose all or part of such costs in any given
sede inconsistent provisions of these chapters.This case if (i) the position, claim or defense of the
� shall include,without limitation by reason of this
specific reference,Minnesota Statutes,Chapter 364 licensee or applicant was frivolous, azbitrary or
capricious,made in bad faith,or made for the pur-
and Minnesota Statutes, Section 340A.415. pose of delay or harassment;(ii)the nature of the
violation was serious, or involved violence or the
(h) Discretion to hear notwithstanding with- �at of violence by the licensee or employees
drawal or surrender of application or Zicense. The �ereof, or involved the sale of drugs by the lic-
council may,at its discretion,conduct a hearing or ensee or employeea thereof, and/or the circum-
direct that a hearing be held regarding revocation stances under which the violation occurred were
or denial of a license, notwithstanding that the ag�avated and serious; (iii)the violation created
applicant or licensee has attempted or purported a serious danger to the public health, safety or
to withdraw or surrender said license or applica- welfare; (iv) the violation involved unreasonable
tion, if the attempted withdrawal or surrender risk of harm to vulnerable persons, or to persons
took place after the applicant or licensee had been for whose safety the licensee or applicant is or
notified of the hearing and potential adverse ac- was responsible; (v)the applicant or licensee was
tion. sufficientl
, y in control of the situation and there-
fore could have reasonably avoided the violation,
(i) Continuances. Where a hearing for the pur- such as but not limited to, the nonpayment of a
pose of considering revocation or suspension of a required fee or the failure to renew required in-
license or other disciplinary action involving a li- s��ce policies; (vi) the violation is covered by
cense has been scheduled before the council, a �e matrix in section 409.26 of the Legislative Code;
continuation of the hearing may be granted by the ar(vii)the violation involved the sale of cigarettes
council president or by the council at the request � a minor.
of the licensee, license applicant, an interested
person or an attorney representing the foregoing, (1) Imposition of fines. The council may impose
upon a showing of good cause by the party making a fine upon any licensee or license applicant as an
the request. adverse license action. A fine may be in such
Supp. No.30 2029
�
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�310.05 LEGISI.ATNE CODE -.
amount as the council deems reasonable aad ap- (3) The Ticense was issued in violation of any of
propriate, having in mind the regulatory and en- tfie provisions of the Zoning Code, or the
forcement purposes embodied in the particular li- premises which are licensed or which are to
censing ordinance.A fine may be in addition to or be licenaed do not comply with applicable
in lieu of other adverse action in the sole discre- health, housing, fire, zoning and building
tion of the council. lb the egteat any other provi- codes and regulations.
sion of the Legislative Code provides for the im-
position of a fine, both provisions shall be read �4) The license or pernait was issued ia viola-
together to the eatent possible; provided, howev- �� of law, without authority, or under a
er,that in the case of any conSict or inconsistency, material mistake of fact.
the other provision ahall be controlling. � (5) The licensee or applicaat has failed to com-
(Code 1956,§510.05;Ord.No. 17551,§2,419-88; ply with any condition set forth in the li-
Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, cense, or set forth in the resolution grant-
$ 1,6-13-89;Ord.No. 17911,§ 1,3-10-92;C.F.No. ing or renewing the license.
94-46,§7,2-2-94;C.F.No.94898,§§2,3,?-13-94;
C.F.No.941340, §2, 10-19-94;C.F.No.95-473, § �6) a. The licensee or applicant (or any per-
son whose conduct may by law be im-
4,5-31-95) puted to the licensee or applicant)has
Sec. 310.06. Revocation;suspension;adverse �iolated,or performed any act whicIi is
a violation of, any of the provisions of
actions; imposition of condi- ��e chapters or of any statute, ordi-
hO�' � nance or regulation reasonably related
(a) Council may take aduerse a.ction. The coun- to the licensed activity, regardless of
cil is authorized to take adverse action,as defined whether criminal charges have or have
in section 310.01 above,against any or all licenses aot been brought in connection there- �
or permits, licensee or a licant for a license as ��
provided in and by these chapters. verse ac- b. The licensee or applicant has beea con-
tions against entertainment licenses issued under victed of a crime that may diaqualify
Chapter 411 of the Legislative Code may be initi- said applicant from holding the license
ated for the reasons set forth in subsection (b) in question under the standards and
below,or upon any lawfiil grounds which are com- procedures in Minnesota Statutes
municated to the license holder in writing prior to �apter 364; or
the hearing before the council. Such actions shall
be initiated and carried out in accordance with c. The licensee or applicant (or any per-
the procedures outline in section 310.05; provid- son whose conduct may by law be im-
ed,however,that the formal notice of hearing shall puted to the licensee or applicant)has
be used to initiate the adverse action without the engaged in or permitted a pattern or
use of prior procedural steps. practice of conduct of failure to comply
with laws reasonably related to the li-
(b) Basis for action. Such adverse action may censed activity or from which an infer-
be based on one (1) or more of the following rea- ence of lack of fitness or good character
sons, which are in addition to any other reason may be drawn.
specifically provided by law or in these chapters: �7� �e activities ofthe licensee in the licensed
(1) The license or permit was procured by mis- activity created or have created a serious
representation of material facts, fraud, de- danger to the public health, safety or wel-
ceit or bad faith. fare, or the licensee performs or has per-
(2) The applicant or one(1)acting in his or her formed lus or her work or activity in an
behalf made oral or written misstatements ��e manner.
or misrepresentations of material facts in (8) The licensed business, or the way in which
or accompanying the application. such business is operated,maintains or per-
Supp.No.30 2030
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/__ LICENSFS §310.06
mits conditions that unreasonably annoy, (12) The licensee or applicant has violated sec-
intjure or endanger the safety,health, mor- tion 294.01 of the Legislative Code, or has
als, comfort or renose of any considerable made or attempted to make a prohibited es
number of inembers of the public. parte contact with a council member as pro-
(9) Failure to keep sidewalks or pedestrian waqs �d� � $ection 310.05(c-2) of the Legisla-
reasonably free of snow and ice as required ��e Code.
under Chapter 114 of the Saint Paul Leg- The terms "licensee" or "applicant" for the pur-
islative Code. pose of this section shall mean and include any
(10) The licensee or applicant has shown by past Person who has any interest,whether as a holder
�misconduct or unfair acts or de ; h of more than five(5)percent of the stock of a cor-
��� p �� poration, as a partner, or otherwise,in the prem-
ical abuse, assaults or violent actions done �es or in the business or activity which are li-
to others, including, but not limited to, ac- cenaed or proposed to be licensed.
tions meeting the definition of criminal ses-
ual conduct pursuant to Minnesota Stat- With respect to any license for activities entitled
utes Sections 609.342 through 609.3451; �o the protection of the First Amendment,notw�ith-
segual abuse, physical abuse or maltreat- $��g the foregoing provisions,neither the lack
ment of a child as defined in Minnesota Stat- of good moral character or fitaess of the licensee
utes Section 626.556,subdivisions 2 and 10e, or applicant nor the content of the protected speech
including,but not limited to,acts which con- or matter shall be the basis for adverse action
stitute a violation of Minnesota Statutes Sec- ��t the license or application.
tions 609.02, subdivision 10; 609.321 (c) Imposition of reasonable conditions and/or
through 609.3451;or 617.246;neglect or en- ����� �en a reasonable basis is found to
C dangerment of a child as defined in Minne- �pOBe reasonable conditions and/or restrictions
sota Statutes Section 626.557, subdivision upon a license issued or held under these chap-
2;the manufacture, distribution, sale, gift, ��� �y one (1) or more such reasonable condi-
delivery, transportation, eschange or bar- tions and/or restrictions may be imposed upon such
ter of a controlled substance as defined in license for the purpose of promoting public health,
Minnesota Statutes Chapter 152; the pos- safety and welfare, of advancing the public peace
session of a controlled substance as defined and the elimination of conditions or actions that
in Minnesota Statutes Chapter 152 in such constitute a nuisance or a detriment to the peace-
quantities or under circumstances giving ful enjoyment of urban life,or promoting security
rise to a reasonable inference that the pos- and safety in nearby neighborhoods.Such reason-
session was for the purpose of sale or dis- able conditions aad/or restrictions may include or
tribution to others; or by the abuse of alca pertain to, but are not limited to:
hol or other drugs, that such licensee or �1) A limitation on the hours of o eration of
applicant is not a person of the good moral P
character or fitness required to engage in a �e licensed business or establishment, or
licensed activity, business or profession. on�particular types of activities conducted
in or on said business or establishment;
(11) The licensee or applicant has materially (2) Alimitation orrestriction as to the location
changed or permitted a material change in �� �e licensed business or establish-
the design, construction or configuration of inent whose [sic) particular type of activi-
the licensed premises without the prior ap- ties may be conducted;
proval of the city council in the case of Class �
III licenses,the director in the case of Class (3) A limitation as to the means of ingress or
II licenses, and the inspector in the case of egress from the licensed establishment or
Class I licenses, or without first having ob- its pazlang lot or immediately adjacent area;
tained the proper building permits from the (4) A requirement to provide off-street parking
I cit3'• in excess of other requirements of law;
Supp.No. 30 2031
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$310.06 LEGISLATIVE CODE �"'� I���
i
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(5) A limitation on the manner and means of (5) The extent to which adverse action againat
"advertising the operation or merchandise less than all of the licenses or applications
of the licensed establishment; would result in difficulty in enforcing and
(6) Any other reasonable condition or restric- m����g�e adverse actioa taken;
tion limiting the operation of the licensed (6) The hardslup to the licensee or applicant
business or establiahment to ensure that that would be caused by applying adverse
the business or establishment will harma action to all licenses or applications; and
nize with the chazacter of the area in wluch �7� �e bardship and/or danger to the public,
it is located,or to prevent the development. or to the public health and welfare, that
or continuation of a nuisance. would result from adverse action against
The inspector may impose such conditions on Class less than all of the licenses or applications.
I licenaes with the consent of the license holder,or (Code 1956,§510.06;Ord.No. 17584,§1,&25-88;
may recommend the imposition of such conditions prd. No. 17657, § 15,6-8-89; Ord.No. 17659, §2,
as an adverse action against the license or licens- �13-89;Ord.No. 17901,§§2,3, 1-1492;Ord.No.
es;the inspector has the same power with respect 17917, §§ 2, 3,3-31-92; Ord. No. 17922, § 1, 42&
to Class II licenses.The council may impose such 92; C.F.No. 94500, § 3, 7-6-94; C.F. No. 941340,
conditions on Class III licenses with the consent § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95)
of the license holder, or upon any class of license
as aa adverae action against the licenae or licens- �c. 310.0?. 1lermination of licenses; surety
es following notice and hearing as may be re- �n�� ��ace contracts.
quired. Such conditions may be imposed on a li-
cense or licenses upon issuance or renewal thereof, (a) Automatic termination, ninstatement; re-
or upoa and as part of any adverse action against sponsibilzty of licensee.All licenses or permits which
a license or licenses, including suspension. Con- must,by the prnvisions of these chapters or other f
ditions imposed on a license or licenses shall r� ordinances or laws, be accompanied by the filing \.
main on such licenaes when renewed and shall and maintenance of insurance policies, deposits,
continue thereafter until removed by the council guarantees,bonds or certifications shall automat-
in the case of conditions on Class III licenses or i�a11Y tera►inate on cancellation or withdrawal of
conditions imposed by adverse action, and by the said policies, deposits, bonds or certifications. No
inspector in the case of Class I and II licenses. licensee may coatinue to operate or perform the
(d) Standards for multiple license determina- licensed activity after such termination. The lic-
tion. In any case in which the council is autha ensee is liable and responsible for the filing and
rized to take adverse action against less than all maintenance of such policies, deposits, guaran-
of the licenses held by a licensee,or applied for by �$►�nds or certifications as are required in these
an applicant,the following standards may be used: chapters, and shall not be entitled to assert the
(1) The nature and avi of the acts or omissions of agents, brokers, employees,
gr ty grounds found attorneys or any other persons as a defense or
by the council to exist upon which the ad- justification for failure to comply with such filing
verse action would be based; and maintenance requirements. In the event the
(2) The policy and/or regulatory goals for the licensee reinstates and files such policies, depos-
particular licenses involved, either as em- its,bonds or certifications within thirty(30)days,
bodied in the Legislative Code or as found the license is automatically reinstated on the same
aad determined by the council; terms and conditions, and for the same period as
(3) The interrelationship of the licenses and originally issued.After thirty(30)days,the appli-
their relative importance to the overall busi- cant must reapply for a renewal of his license as
ness enterprise of the licensee or applicant;
though it were an original application.
(4) The management practices of the licensee �b) Bonds and insurance requirements:
or applicant with respect to each of such (1) Surety Companies: All surety bonds run-
licenses; ning to the City of Saint Paul shall be writ- �,
Supp.No. 30 2032 �� .
_ , .
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CONTB�CT FOB BENTAL OF SI�IITH �VE1�iQB BBNTAL HAI.L
THIS AGREEMENT, made and entered into this day of ,
19 , by and between Smith Avenue Rental Hall , 627 S. Smith
St . Paul , MN 55107, herein cal�led Lessor and
, herein called Lessee . In consideration of
the mutual promises contained herein, it is hereby agreed as
follows:
�
1 . Lessor hereby grants to Lessee the use of the
reception hall , subject to all terms and conditions
herein stated, situated at 627 S. Smith, St. Paul , '
MN 55107.
2 . The hall may be used by Lessee solely for
and f.or incidental purposes
related thereto for the period beginning at
a.m/p.m on and ending at 1 :00
a.m. on
3 . Lessee shall pay to Lessor the sum of for
the use of said hall , payable as follows:
One-half the said sum to be paid upon the execution
of this agreement and one-half shall be paid at
least sixty (60) days prior to the date set forth
in paragra�ih 2 . The Lessee shall not be entitle�
to any refund of the payment for failure to use
said premises .
4. Lessee agrees to pay the Lessor in full , 60 days
prior to the date of the event, as rent for the
above premises for the period of time set forth
in paragraph 2, the sum of:
' ��.��:,,�
��,�,5�t. � a. Damage Fee Depos i t $
b. Hall rental ,si�ownstairs $
c. Upstairs rental fee $
d. TOTAL �
e. Down Payment $
f. BALANCE DUE �
5 . Lessee also agrees to the following:
a. Seating for the event is
b. A damage deposit of $ must be.made 60
days before the date of rental. Damage
deposit to be refunded within thirty days
unless deductions have to be made for the
following: missing articles, breakage,
damage, or extra work by custodial service,
or extended hours.
c. A policeman is required if any alcoholic
beverages are served. A uniformed policeman
will be on duty from �8 :00 p.m to 12 midnight . �
d. A professional caterer must be used, unless
otherwise authorized. Caterer must provide /�
all of their own serving utensils, bowls , and �
mi }C1T�i:1 ts}r.n6 '118 . IJ(� f7i ' 1-',a.: t�'i 11 na nrn�ri �lari .
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e . Lessee is responsible for caterer' s cleanup of '
kitchen facilities. Lessee is responsible for
cleanup of the hall . (List of cleanup
responsibilities to be posted in hall . )
f . No decorations , cards, signs, etc. may be
attached to walls or ceilings without
permission of the manager. NO TAPE ALLOWED
ON CEILING OR WALL SURFACES.
g. All decorations, supplies , and property that
belong to Lessee shall be removed, including
band equipment from the hall by closing time.
h. NO LIQUOR OR SETUPS inJILL BE SOLD ON THE
PREMISES. A bartender is required. Lessee ,
must provide all liquor and setups. IT IS
ILLEGAL TO SERVE LIQUOR TO ANYONE UNDER 21
YEARS OF AGE. .
6 . Lessee assumes all responsibility and liability for
any harm or damage to persons or property during
the rental period and shall hold Lessor harmless
and indemnify said Lessor in the event of any such
damage.
7. Lessee shall not use premises for any , illegal or
immoral pt�rposes and shall comply with all applic-
able s�ate and local laws and ordinances. �
8 . Lessee understands and agrees that the music will
be stopped and the bar closed promptly at � 1 : 30 p.m.
midnight and premises vacated bya2 midnight.
RENTER ' S SIGNATURE PHONE
ADDRESS
Street City State Zip
HALL MANAGER ' S SIGNATURE DATE
PLEASE MAKE ALL CHECKS PAYABLE TO SMITH AVENUE RENTAL
HALL 627 S. Smith Ave. , St. Paul, MN 55107 298-1411
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CLEAN[TP OF S'I�iITH AVE BENTAL HALL V I�n -' J��"J
8 8 S P O N S I B ILITY OF LESSEE y� �
1 . ALL TABLES MUST BE CLEANED OFF AFTER DINNER HAS BEEN
SERVED.
2 . CATERER MUST LEAVE KITCHEN CLEAN (INCLUDING OVENS) AND
TRASH CONTAINERS MUST BE EMPTIED AND PUT IN CONTAINER
OUTSIDE ALONG BUILDING. ,.
3 . END OF EVENING LESSEE IS RESPONSIBLE FOR CLEARING OFF
TABLES, (WE WILL PROVIDE NECESSARY SUPPLIES FOR CLEANUP)
AND STACKING CHAIRS ON TOP OF TABLES. •
4. REMOVING ALL DECORATIONS, INCLUDING TAPE AND TACKS.
5. REMOVING ALL PERSONAL BELONGINGS.
6 . FAILIIBE TO COKPLY i�TITH CLE�NUP BESPONSIBILITIES i�iILL
RESDLT IN F08FEITQRE OF DAI�IAGE DEPOSIT.
SIGNATURE OF LESSEE DATE
*********FOR A FEE OF $100.00 LESSEE MAY WAIVE ABOVE
CLEANUP RESPONSIBILITIES ?1ND SMITH ****REN***
_ HALL WILL TAKE CARE OF ALL CLEANUP.
SIGNATURE OF LESSEE DATE
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REAL ESTATE LEASE
This Lease Agreement (this "Lease") is made effective as of May
18, 1996, by and between Raymond. J. Hessler, ("Landlord") , and
Thomas Oestreich/Harvest Fellowship-St. Paul, MN, ("Tenant") . The
parties agree as follows:
PREMISES. Landlord, in consideration of the lease payments
provided in this Lease, leases to Tenant The second floor main
meeting room plus two offices as well as the lobby area. On main
floor, the rental hall itself. (the "Premises") located at 627
SMITH AVENUE SOUTH, ST. PAUL„ MN 55107.
FURNISHINGS. The lease of the Premises includes the furnishings
listed on the attached exhibit. Tenant shall return all such
items at the end of the lease term in a condition as good as the
condition at the beginning of the lease term, except for such
deterioration that might result from normal use of the
furnishings.
STORAGE. Tenant shall be entitled to store items of �ersonal
property in The second floor offices: Office located in rear of
building on second floor to house musical instruments. Office
located up in front on right hand side to be used for day care
supplies, etc. Main lobbx upstairs to house information regarding
the Church and its functions. during the term of this Lease.
Landlord shall not be liable for loss of, or damage to, such
stored items. 7-f0
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TERI�I. The lease term will begin on May 18, 1996 and will
terminate on September 30, 1996. �C-��,�,(1 (,,�,�,�- ���,�,C� C'ih!'t�e�✓��
rw��
LEASE PAYMENTS. Tenant shall pay to Landlord monthly payments of
$1 ,000.00 per. month, payable in advance on the .First day of each
month, for a total annu�,l lease payment of � , 500.00 Lease �����
payments shall be made to the Landlord at 39 Stryker Ave. , -��
, St. Paul„ MN 55107, as may
be changed from time to time by Landlord.
LATE PAYMENTS. Tenant ;shall pay a late fee equal to $40.00 for
each payment that is not paid within Five days after the due date
for such late payment.
NON-SUFFICIENT FUNDS. Tenant shall be charged $20.00 for each
check that is returned to Landlord for lack of sufficient funds.
SECURITY DEPOSIT. At �he time of the signing of this Lease,
Tenant shall pay to Landlord, in trust, a security deposit of
$500.00 to be held and disbursed for Tenant damages to the
Premises (if any) as provided by law.
POSSESSION. Tenant shall be entitled to possession on the first
day of the term of this Lease, and shall yield possession to
�s
�1� -�5�9
Landlord on the last day of the term of this Lease, unless
otherwise agreed by both parties in writing.
USE OF PREMISES. Tenant may use the Premises only For their
church functions: Band practice on Satur mornings in upstairs
rental hall from 8a.m. to 11 a.m. for ban�ractice. Sunday
church services to be held upstairs in the rental hall from 8 a.m.
to 3 p.m. (includes use of all space available upstairs as needed)
as well as use of downstairs rental hall from 8 a.m. to 12 noon
for bible study classes, or lunches which are to be held the ist
Sunday of each month. The Premises may be used for any other
purpose only with the prior written consent of Landlord, which
shall not be unreasonably withheld. Tenant shall notify Landlord
of any anticipated extended absence from the Premises not later
than the first day of the extended absence.
MAINTENANCE. Landlord shall have the responsibility to maintain
the Premises in good repair at all times.
ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent
(which shall not be unreasonably withheld) , Landlord shall have
the right to enter the Premises to make inspections, provide
necessary services, or show the unit to �rospective buyers,
mortgagees, tenants or workers. As provided,by law, in the case
of an emergency, Landlord may enter the Premises without Tenant's
consent.
UTILITIES AND SERVICES. Landlord shall be responsible for all
utilities and services in connection with the Premises.
PROPERTY INSURANCE. Landlord and Tenant shall each be responsible
to maintain appropriate insurance for their respective interests
in the Premises and property located on the Premises.
DANGEROUS MATERIALS. Tenan� shall not keep or have on the
Premises any article or thing of a dangerous, inflammable, or
explosive character that.Ymight substantially increase the danger
of fire on the Premises,- or that might be considered hazardous by
a responsible insurance company, unless the prior written consent
of Landlord is obtained and proof of adequate insurance protection
is provided by Tenant to Landlord.
DEFAULTS. Tenarit shall be in default of this Lease, if Tenant
fails to fulfill any lease obligation or term by which Tenant is
bound. Subject to any governing provisions of law to the
contrary, if Tenant fails to cure any financial obligation within
10 days (or any other obligation within 10 days) after written
notice of such default is provided by, Landlord to Tenant, Landlord
may take possession of the Premises without further notice, and
without �rejudicing Landlord's rights to damages. In the
alternative, Landlord may elect to cure any default and the cost
of such action shall be added to Tenant's financial obligations
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under this Lease. Tenant shall pay all costs, damages, and
expenses suffered by Landlord by reason of Tenant's defaults. All
sums of money or charges required to be paid by Tenant under this
Lease shall be additional �rent, whether or not such sums or
charges are designated as "additional rent".
ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any
interest in the Premises, nor effect a change in the majority
ownership of the Tenant (from the ownership existing at the
inception of this lease) , without the prior written consent of
Landlord, which shall not be unreasonably withheld.
NOTICE. Notices under this Lease shall not be deemed valid unless
given or served in writing and forwarded by mail, postage prepaid,
addressed as follows:
LANDLORD:
Name: Raymond J. Hessler
Address: 390 Stryker Ave.
St. Paul, MN
55107
TENANT:
Name: Thomas Oestreich/Harvest Fellowship-St. Paul, MN
Address: 840 Ohio
627 Smith Ave. S.
St. Paul„ MN
55107
Such addresses may be changed from time to time by either party by
providing notice as set forth above.
ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the
entire agreement of the parties and there are no other promises or
conditions in .anx other agreement whether oral or written. This
Lease may be modified o� amended in writing, if the writing is
signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be
invalid or unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. If a court finds that
any provision o�.-this Lease is invalid or unenforceable, but that
by limiting such provision, it would become valid and enforceable,
then such provision shall be deemed to be written, construed, and
enforced as so limited.
WAIVER. The failure of either party to enforce anx �rovisions of
this Lease shall not be construed as a waiver or limitation of
that �arty's right to subsequently enforce and compel strict
compliance with every provision of this Lease.
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CUMUI�ATIVE RIGHTS. The rights of the parties under this Lease are
cumulative, and shall not be construed as exclusive unless
otherwise required by law.
GOVERNING LAW. This Lease shall be construed in accordance with
the laws of the State of MN.
ADDITIONAL PROVISIONS. Tenant agrees to clean up after each and
ever use of rental hall.
Tenant entitled to display church signs inside of building and
outside the building with the approval of Raymond J. Hessler.
Tenant agrees to work with Raymond Hessler on Sundays when the
rental hall downstairs has been booked by Mr. Hessler for a partx.
Landlord agrees not to allow customers in the hall on Sunday until
�� � �.m.
Tenant agrees to work together with Elite Catering if their
schedule overlaps Harvest Fellowship's schedule on Sundays.
Tenant has the option to rent additional time in rental hall, if
available, for an' additional fee.
TENANT WILL HAVE USE OF THE DOWNSTAIRS HALL FROM 8a./N.
until 3: 00 p.m. on the first Sunday of every month.
, --�
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FURNISHINGS �-" ✓ �`' ��
Tenants a1l.owed the use of tables and chai�s as needed. Tenants
allowed the use of the kitchen for their once a month lunches.
EXHIBIT 1
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LANDLORD:
Ra d J. Hessler
R d J essler
Ow e
TENANT:
Tho Oestreich/Harvest Fellowship-St. Paul, MN
T om s Oest c /Harves Fe ows ip-St. Pau , MN
Pa or
--�
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SMITH AVENi1E RENTAL HALL /��� '���
627 Sl�iITH AVENIIE SODTH ���
SAINT PAIIL l�T 55107
(612) 298-1411
LEASE AGREEMENT
Lessor : Smith Avenue Rental Hall
Lessee : �i Harvest �l�vvf5�'►�� - ST.Pa^%c--
Terms : One Year effective 10/O1/95 to 09/30/96
Monthly payment of $1 ,000.00 due on the
first of each month.
Conditions: Use of Upstairs Hall every sunday for
church services, 8am to 3pm.
Use of part of Downstairs Hall ��fa
��� available space upstairs for Sunday
/^ school and childcare, 8am to 3pm.
Band practice Upstairs Hall 8am to llam.
Permanent storage space in backroom west
end upstairs by stage.
� Lessee agrees to clean up after use.
Lessee entitled to display church signs
inside and outside the building with
approval of S.A.R.H.
Si �ture of essee Signatur� of Lessor
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rj��Z�.�2, \s, �.li'^—'� c'`'`�v�—
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Da e : Date:�J --'
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.,
��!�r:�.�✓Lt.� .�� �r� ��� (-a �' - � �� � a, �
i ( �"� ( Sf--`�J � �-�, � Q�-� � �o
;— � �.�
�� L�.r= -- �,g,.��, ..�c.-�� � � ��5,
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REAL ESTATE LEASE
This Lease Agreement (this "Lease") is made effective as of May
25, 1996, by and between Raymond J. Hessler, ("Landlord") , and
ELITE CATERING, ("Tenant") . The parties agree as follows:
PREMISES. Landlord, in consideration of the lease payments
provided in this Lease, leases to Tenant Kitchen space located at
627 Smith Ave. South, St. Paul, MN. IIncludes total Kitchen space
as well as 1 storage room located in� rear of rental hall, first
floor and available basement storage�. (the "Premise,s") locatec� at
627 Smith Av . S. , St. Pa 1, MN 551'07. �.s�?�v�� H�-�✓ ��"'��-
s�.�,� a�n a"� �.e,°°'' � �`�.`�' .
LEGAL DESCRIPTION. The legal description for the Premises is Lot
numbered eighteen (18) except the South eighty-eight (S.88) feet
and four (4) � inches thereof, and the North fifty-one (N. 51) ,feet
eight (8) inches of Lot numbered nineteen (19) , Marion Addition,
St. Paul, according to the recorded plat thereof on file and
record in the Office of the Registrar of Deeds in and for said
county. • ,
STORAGE. Tenant shall be entitled t'o store items of personal
property in Storage room located in rear of rental hall on first
floor as well as available space located in the basement of the
building located at 627 Smith Ave. S. during the term of this
Lease. Landlord shall not be liable for loss of, or damage to,
such stored items.
TERM. The lease term will begin on May 25, 1996 and will
terminate on January 15, 1997.
LEASE PAYMENTS. Tenant shall pay to Landlord monthly payments of
$450.00 per month, payable in advance on the 15th day of each
month, for a total annual lease payment of $5,400.00. Lease
paxments shall be made tc3 the Landlord at 390 Stryker Ave. , 627
Smith Ave. , St. Paul„ MN 55107, as may be changed from time to
time by Landlord.
LATE PAYMENTS. Tenant shall pax a late fee equal to $40.00 for
each payment that is not paid within $� .after the due date for
such late payment.
NON-SUFFICIENT FUNDS. Tenant shall �be charged $20.00 for each
check that is returned to Landlord for lack of sufficient funds.
SECURITY DEPOSIT. At the time of the signing of this Lease,
Tenant shall pay to Lancllord, in trust, a security deposit of
$450.00 to be held and disbursed for Tenant damages to the
Premises (if any) as provided by law.
POSSESSION. Tenant shall be entitled to possession on the first
day of the term of this Lease, and shall yield possession to
Landlord on the last day of the term of this Lease, unless
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otherwise agreed by both parties in writing. n�
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USE OF PREMISES. Tenant has full
use of the kitchen and its �facilities to prepare, cook and store
food as needed. The Premises may be used for any other purpose
only with the prior written consent of Landlord, which shall not
be unreasonably withheld. Tenant shall notify Landlord of any
anticipated extended absence from the Premises not later than the
first day of the extended absence.
REMODELING OR STRUCTURAL I1�ROVS[�NTS. Tenant shall have the
obligation to conduct any construction or remodeling (at Tenant's
expense) that may be required to uselthe Premises as specified
above. Tenant may also construct such fixtures on the Premises
(at Tenant's expense) that appropriately facilitate its use for
such purposes. Such construction shall be undertaken and such
fixtures max be erected only with the prior written consent of the
Landlord which shall not be unreasonably withheld. At the end of
the lease term, Tenant shall be entitled to remove (or at the
request of Landlord shall remove) such fixtures, and shall restore
the Premises to substantially the same condition of the Premises
at the commencement of this Lease.
MAINTENANCE. Tenant's obligation for maintenance shall include:
- Tenant agrees to clean after the� use the kitchen, i.e.
counters, sinks, stove, floor, cabinents. Tenant will provide
their own dishwashing, soap and cleaning supplies, i.e. gloves,
rags, bleach, for their clean up. Tenant will remove all garbage
and dispose of in container located outside the building.
Landlord's obligation for maintenance shall include:
- the roof, outside walls, and other structural parts of the
building '..
- the parking lot, driveways, and sidewalks including snow and ice
removal -.,
- the sewer, water pipes, and other matters related to plumbing
- the electrical wiring
- the air conditioning system
- the heating system
- Landlord agrees to maintain the kitchen in a sanitary manner
when their custoiners are using the kitchen area.
- all other items of maintenance not; specifically delegated to
Tenant under this Lease
ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent
(which shall not be unreasonably withheld) , Landlord shall have
the right to enter the Premises to make inspections, provide
necessary services, or show the unit'; to �rospective buyers,
mortgagees, tenants or workers. As provided by law, in the case
of an emergency, Landlord may enter the Premises without Tenant's
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consent.
UTILITIES AND SERVICES. Tenant shall be responsible for the
following utilities and services in connection with the.Premises:
� ,�- o . �� � .�., u��
- gas — i� Y�A.a.��'c' `2�c.� • •
� telephone service — 6�us,t. J�ri�
- Tenant agrees to carry own insuranceipolicy.
Tenant acknowledges that Landlord has fully ex�lained to Tenant
the utility rates, charges and services for which Tenant will be
required to pay (if any) , other than those to be paid directly to
the utility company furnishing the service.
Landlord shall be responsible for the following utilities and
services in connection with the Premises:
- electricity
- water and sewer
- gas
- heating
PROPERTY INSURANCE. �Landlord and Tenant shall each be responsible
to maintain, appropriate insurance for their respective interests
in the Premises and property located on the Premises.
�_ ` �,I ILI INS CE. e t sha aintain ility in ance '
��a to aggregat s of a le $ . 0. nant hall li
`1 i � appro iate eviden to Lan d as pr, hat ade e ins ce
���( is in rce. Lan o shall the r' to re th th
Land r eceive otic of y te ina ion u ins ce
poli ies.
INDEHIIdITY REGARDING USE OF PREMISES. Tenant agrees to indemnify,
hold harmless, and defend Landlord from and against any and all
losses, claims, liabilities, and expenses, including.reasonable
attornex fees, if any, which Landlord may suffer or incur in
connection with Tenant's use or misuse; of the Premises.
DANGEROUS MATERIALS. Tenant shall not; keep or have on the
Premises any article or thing of a dangerous, ,inflammable, or
explosive characte�.that might substantially increase the danger
of fire on the Premises, or that might� be considered hazardous by
a responsible insurance company, unless the prior written consent
of Landlord is obtained and proof of adequate insurance protection
is provided by Tenant to Landlord.
MECHANICS LIENS. Neither the Tenant nor anyone claiming through
the Tenant shall have the right to file mechanics liens or any
other kind of lien on the Premises andithe filing of this Lease
constitutes notice that such liens are; invalid. Further, Tenant
agrees to (1) give actual advance notice to any contractors,
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subcontractors or sup�liers of goods, labor, or services that such
liens will not be valid, and (2) take whatever additional steps
that are necessary in order to keep the premises free of all liens
resulting from constructions done by� or for the Tenant.
DEFAULTS. Tenant shall be in defaul� of this Leaset if Tenant
fails to fulfill any lease obligation or term by which Tenant is
bound. Subject to any governing provisions of law to the
contrary, if Tenant fails to cure any financial obligation within
10 days (or any other obligation wit�in 10 days) after written
notice of such default is provided by Landlord to Tenant, Landlord
may take possession of the Premises y�ithout further notice, and
without �rejudicing Landlord's rights to damages. In the
alternative, Landlord may elect to c�re any default and the cost
of such action shall be added to Tenant�s financial obligations
under this Lease. Tenant shall pay all costs, damages, and
expenses suffered by Landlord by reason of Tenant's defaults. All
sums of money or charges required to�be paid by Tenant under this
Lease shall be additional rent, whether or not such sums or
charges are designated as "additional rent".
ASSIGNABILITY/SUBLETTING. Tenant may not assic�n or sublease any
interest in the� Premises, nor effect 'a change in the majority
ownership of the Tenant (from the ownership existing at the
inception of this lease) , without the prior written consent of
Landlord, which shall not be unreasonably withheld.
NOTICE. Notices under this Lease shall not be deemed valid unless
given or served in writing and forwarded by mail, postaqe prepaid,
addressed as follows:
LANDLORD:
Name: Raymond J. Hessler
Address: 390 Stryker Ave. _
St. Paul„ MN �
55107
�
TENANT: '
Name: ELITE CATERING
Address: 627 SMITH AVE. S.
ST. PAUL, , NAJ
55107 �
Such addresses may be changed from time to time by either party by
providing notice as set forth above.
ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the
entire agreement of the�parties and there are no other promises or
conditions in any other agreement whether oral or written. This
Lease may be modified or amended in writing, if the writing is
signed by the party obligated under the amendment.
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SEVERABILITY. If any portion of this Lease shall be held to be
invalid or unenforceable for any reason, the remaining provisions
shall continue to be valicl and enforceable. If a court finds that
any �rovision of this Lease is inval�d or unenforceable, but that
by limiting such,provision, it would �become valid and enforceable,
then such provision shall be deemed to be written, construed, and
enforced as so limited. ,
WAIVER. The failure of either party �to enforce anx �rovisions of
this Lease shall not be construed as �a waiver or limitation of
that �arty's right to subsequently enforce and compel strict
compliance with every provision of this Lease.
i
CUMULATIVE RIGHTS. The rights of the parties under this Lease are
cumulative, and shall not be construed as exclusive unless
otherwise required by law. ±
GOVERNING LAW. This Lease shall be construed in accordance with
the laws of the State of MN.
, } ,
. ; .
-5-
��
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�
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LANDLORD:
i
Raymond J. Hessler
!
. ;
Ra n J. ler
Owner �
TENANT: '
ELITE CATERING �
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,E� `� '" ,
;EL E CATERING �
P sident/CEO
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OFFICE OF THE CITY ATT RNEY
, Timothy E. Marx, City Attorney '
�
CITY OF SAINT PAUL crv;�vrv;�;on
Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710
IS West Kellogg Blvd. Facsrmile: 611 298-5619
Saint Paul, �nnesom 55102
._�...._
October 23, 1996
David Essling
Essling, Ltd.
1217 West Seventh Street
Saint Paul, NIlV 55102
RE: Dance/Rental Hall license application by Raymond Hessler
627 South Smith Avenue, Saint Paul
Dear Mr. Essling:
This morning I was informed by my client, the Office of License,
Inspections and Environmental Protection, that they were changing
the recommendation on the license application filed by Mr. Hessler
based upon information that he is operating the premises at 627
South Smith without a license. At the time of the hearing, the
recommendation will be for denial of the license application
because of the continued illegal operation of the premises.
The facts upon which this recommendation will be made are as
follows :
Oa September 10, 1996 your clieat was seat a letter by
the Director of LIEP indicating that he was not licensed
to operate a dance/rental hall at 627 South Smith Avenue
while the license application was under consideration.
The letter further stated that continued operation could
result in criminal prosecution or use of that evidence at
the administrative hearing.
Sue Synstegaard will testify that she telephoned the
rental hall the week of October 21, 1996 and was told
that she could rent the hall for $500 .00 for either
Saturday or Sunday, October 26 or 27, 1996. Robert
Ressler will testify that neither the license applicant
nor the manager have cooperated with requests by
Licensing to provide lists of rentals at the hall aad
that the long-term tenants are still operatiag from the
preanises.
� �
� . �� ��5��
William Essling
October 23, 1996
page 2
If you have any questions regarding this matter, please feel free
to contact me.
Sincerely,
/,,. ,it��'_ � iQ,.��.
� �
c
Virginia D. Palmer
Assistant City Attorney
cc : Robert Kessler, Director of LIEP
West Side Citizens Organization, Sandra Levine, Community
Organizer, 625 Stryker Avenue, Saint Paul, 55107
West side Safe Neighborhood Council, Sue Nipe, Executive
Director, 209 W. Page Street, Saint Paul, 55107
Smith-Dodd Business Association, Rick Aguilar, Executive
Director, 602 Smith Avenue, Saint Paul, 55107
Richard Mossman, Administrative Law Judge, 604 Richfield Bank,
6625 Lyndale Avenue So. , Richfield, 55423
Nancy Thomas, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, 55401-2138
Nancy Anderson, Assistant Council Secretary
Christine Rozek, Office of LIEP
� �
i.
, , OFFICE OF " CITY ATTORNEY
Timothy E. Marx, .,.�y Attorney �/ � � I v�
v� �
>> �
CITY OF SAINT PALJL Civil Division
Norm Coleman,Mayor 400 Ci�y Hall Telephone: 612 266-8710
1 S West Kellogg Blvd Facsimile: 611 298-5619
Saint Paul, �nnesota 55102
�
September 17, 1996
Mr. David Essling
Essling, Ltd.
1217 West 7th Street
Saint Paul, MN 55102
RE: License applicatioa by Raymond Hessler
Dear Mr. Essling:
I have received your letter of September 16, 1996 regarding
the pending license application for a dance/rental hall license at
627 Smith Avenue. The matter has been referred to an
administrative law judge for a hearing as a result of concerns
voiced by neighbors at the Saint Paul City Council hearing on
August 28, 1996 .
As matters now stand, although the Office of License,
Inspections and Environmental Protection recommended the issuance
of the license subject to certain conditions, which Mr. Hessler
agreed to, the Saint Paul City Council has not approved the license
and has referred the matter for an administrative law judge to make
findings of fact and a recommendation for action. Thus, Mr.
Hessler does not have a license to operate as a dance/rental hall .
The City is not able to agree to allow Mr. Hessler to operate
without a license, so you must take whatever action you think
advisable . Mr. Kessler' s letter of September 10, 1996 states
LIEP' s position quite clearly. If Mr. Hessler continues to operate
without a license he is subject to either being cited for operating
the hall without a license or to that fact being used in the
administrative hearing or both.
A hearing has been scheduled for 9 :30 a.m. on Tuesday, October
29, 1996 . A more complete notice will be forthcoming within the
next day or so, which will outline the position of LIEP and of the
various interested parties who wish to intervene or be heard.
Sincerely, _
� ,
� )
, �' �
: c�'' u-C�� � -c`�l,-��i �,
Virgin�a D. Palmer
Assistant City Attorney
cc : Robert Kessler, Director of LIEP
��
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ESSLING, LTD.
G�i���a�r�d�oe�nao�ox at�,°aur�
DAVID ESSt.ING 1217 W&ST S srv&NT[i STRE6r
SA[NT PAV�.,MINNrsso'rA SS102
OF COUNSII.:
Wltd.rAM W.EsSI.tNG (612)2244818
(612)224-4810 Fnx
VIA FACSIMILE 298-5619
and
UNITED STATES MAIL
September 16, 1996
Ginger Palmer
Assistant City Attorney
City Hall, Room 400
15 West Kellogg Boulevard
Saint Paul, MN 55102
Re: Smith Avenue Rental Hall
Dear Ms. Palmer:
We discussed this matter the other day on the phone. I represent Ray and Katie Hessler, the
owners of the hall. Enclosed is a copy of Robert Kessler's letter to my client dated September 10,
1996.
We regard this as a serious matter and want to cooperate with the City. This building has been
operated as a rental hall for several years even prior to the license requirements. The license
division has recommended that a license be issued to Mr. Hessler, subject to twelve (12) written
conditions. The Hesslers have agreed in writing to those conditions.
The matter of issuing the license has now been referred to an administrative law judge. The basis
for that referral, and the issues to be determined by the administrative law judge, are entirely
unknown to me. In fact, when we discussed this matter on the phone, you indicated that you
were representing the license department and would probably be making a motion to clarify and
specify the issues to be determined by the administrative law judge. I would like to join in such a
motion. However, I am hampered in that respect by two (2) things. First, I do not know who is
opposin� the issuance of a license expect, apparently, unspecified "neighbors". Second, I have
not yet received any notice of the time, date, issues, etc., with regard to the hearing. You said
you would send me the notice when available.
The Hesslers are committed to rental of the hall on some occasions during the next few months.
� �
•.�. �
�:.__ .
Gin er Palmer " ✓ ����
g
Re: Smith Avenue Rental Hall
September 16, 1996
Page 2
We agree to not accept any additional rentals until the license issue is determined if the City will
agree that the Hesslers previous commitments can be honored. If we cannot agree on this, or
some other settlement, it will probably be necessary for us to seek some injunctive relief- a
proposition I would like to avoid.
I look forward to hearing from you with respect to the notice concerning the administrative
hearing, and the proposal set forth in this letter.
Yours truly,
, 1
� ,,
David Essling
DE:aw �
Enclosure
cc: Ray and Katie Hessler
��
�R�M : FRYMASTERiH+T COR?. r""� pHONE N0. : 227 3075 !^� Sep. 1� 1996 04:33�M P1
OFE'fCB OF UCE.�SE.i�SPSC'T10�S A.�D ��^� l 5��
E\V1RO�l�fE�TN.PR01'�C'I70� ���
Robert Kssrkr,Di•scror •
CITY OF SATIv"T PAUL lAii�ZYPROF�SS10?��Si.BU'LDi`!G ?aicphons:61:•i��o�o
J►ornr Cote�on.Alayor Suiis�00 raetim�:t: 611•166.9099
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September 10, 1996 � �^.� , � ,.`� (.0
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Mr. Raymand T-�essjer ��
14140 Adam Avenue °
Inver Grave Heights, Minnesota SS077 � � �� �S ,. ���' �
RE: Applicatian for a License at 627 South Smith Avenue
Dear Mr. Hessler:
As you know,the Sain�?aul City Council considered your application for a rental hall license at
627 South Sr.uth Avenue on August 27, 1996, and referred tl'ie matter ta an adrr.itistrative law
judge fbr a hearin�. At the sarne me�ting, the application for thc pre�ious tenant at the same
;ocation was denied based on LIEP's recommendation.
Currently there is no license to opesate a rental or dance hall at 627 So�th Smith 4venuc. I arn
writing to advise you that if you continue to operate a renta! andlor dance hali.at th�t locaiion,
that you are subject to being cited for operating without a iicense. Additionally, the operatioa of
the premises as a d�.-�cu'rencal hall may be used as evidence at the administs3ting hearing as a basis
for adverse action oa your oending applie�tion.
'I'his is a secious mattez that requires your immcdiate atiention. If you have quesiions regazding
, this matter please refcr them to Assistant City A�torney, Ginger Palmer at 266-8719.
Sincerel� �
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Rabert Kess}er
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cc: Ginger Palmer, Assistant City Attorney ' � �X � .
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� Sar,dra I.evine, WSCO °
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Sue Np�, Neighborhood Crirne Watch _ ' � � `�"�� *
Rick Aguilar, Smith-Dodd Business Association �� �f M a~
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,• , OFFiCE OF I]CEt.'SE,WSPECI70NS AIr'D
FNVIRONMENTAL PROTECI70N
RoberrlCculcr,Dirutor „ �/ �� �(n
VI °t
CTI'Y OF SAIlVT PAIJI. t.rc��.u�rD Tclsphone:61?•��so�o
Norin Cotcrno�,Moyo� A►SPiEC770NS Foulhtfk:612-?G6.9721
3S0 St.Psa�Sr,eet
Suirs 300
SalntPau�1►(frrncsota SSI02
+
July li, 1996
I agree td the follow�ing conditions being placed on the
Dance or Rental Hall Licen�e at 627 Smith Avenue Sauth as
follows: .
X. The Hall and the entire licensed premises must be
c3osed by 12:00 midnight each day of the week, and no
patrons, guests or member o� the public shal�. be on the
lxcensed premises after the 12:00 midnight closing.
2. The licensee, Raymond Hessler, shall be responsible for
makiag sure that patrans, quests .and members of the publ,ic
exiting the •Hall do sa in a quiet ahd orderly fashicn, so as
to nat disturb the adjacent neighbozs.
3. The licensee, Raymo�d Hessler, shall be responsible for
insuring that one or more security persons are o� duty at
alI functions taking place at the Hall. Said security shaYl
remain unti3:;a11 patrons, guests and members of the public
have left the area, and �shall insur�: that none leavinq the
Hall loiters ara�d or near the building.
4. Tbe licensee, ' Raymond Hessler, shall provide a
telephonic means to contaCt both the licensee and the on-
site manager at all times that the Hall is beir�q ,}�s�t The
numbers for cvntact are; on-site haXl manager, L y ��' /� 7
7iZ �� /�S �. �Phone) 7'J/��b���AtE
and owner, Mr. ymond Hessler �C�p�.����
— ��t — 2��ho��ii
5. There shall be no parking in the alley immediately
south of the building, by anyone associated with the Hall.
In addition, the City wi11 enforce the no parking ban for
residents as well.
6. The licensee, Raymond Hessler, shalZ be responsible for
clean-up of the outside area immediatPly adjacent to the
Hall, on a daily basis.
7. There shall be na sale of liquar or beer to anyone on
the premises at any time. The City w�.11 c�nsider the
callection of an entry fee ox admission charqe or donation
collected when alcohal is being served or consumed on the
premises, and suah sa].e will be deemed a violation of this ,�
ccndition. � �
Z0iti0'd bZti6 99Z ZZ9 � d3I'1 �Ildd 1S �0 JllI� SZ :I� 966ti-Zti-�flt
����'d �d101
, , Page 2 �
July 11, 1996
Affidavit �r^� I���i
l!� l
8. There shall be no sale, conswaption or possession of
Ziquor ar beer on the part of minors (anyone under the age
of 21 years) . Tl�e ].3,censee, Raymond Hessler, shall be
responsible for adverse license acti.on if a mi�or sells,
consumes or has in his/her possessian any alcaholic beverage
on the premises.
9. No alcoholic beverages, including beer, spirits or
wine, shail be allowed ta leave the Hall.
iU. The licensee, Raymond Hessler, shall pravide a list of
alI rentals on a monthly bas3s to both the Office of LIEP
and the Centr.al ��� C�an��/o the Saint�Pau� Poli� •./
De artme t. � j1t � '�i7 7v
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. T h e I i c e n s e e s h a 1 p rovi e a�Opy o f t his reso lu tion to
all parties zenting the Hall and shall pQSt a capy in a
place vis3.ble to all patro�s, guests and members of the
publio.
].2. Any violation of any of the foregoing conditions shal].
be grounds for adverse action� against all licenses held by
the see, • including suspension and revocation.
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
COURT FILE NO. CO-90-10671
Other Civil:
Public Nuisances
City of Saint Paul,
Petitioner,
vs.
Raymond J. Hessler, Highbridge Sports STIPULATION OF
Club, Inc. , Jeffrey R. Goldberg, and DISCHARGE OF CONVICTIONS
Shekinah Lodge No. 171, Ancient Free
and Accepted Masons, a Minnesota
corporation,
Respondents.
Pursuant to the stipulation of the parties, and at the request
of the respondents in order to permit removal of such convictions
from the Torrens record, petitioner hereby discharges and releases
to the extent permitted by law the following convictions which were
noticed and filed of record, to wit:
(a) Christine Ann Sneide, Indecent Conduct, File No.
4639770, dated February 28, 1990, (b) Valerie Lynn Lewis,
Engaging in Prostitution, File No. 4620831, dated March
30, 1990, (c) Michael Angelo Monita, Operating a
Disorderly House, File No. 4639761, dated November 3 ,
1989, (d) Martin Louis Simones, Visiting a Disorderly
House, File No. 4639664 , dated October 17, 1989, and (e)
John Joseph Scheuer, Operating a Disorderly House, File
No. 4619640, dated September 29, 1989. A notice of such
convictions was mailed pursuant to Minn. Stat. §617.81,
subd. 3 , by the Ramsey County Court Administrator by
first class mail on September 18, 1990, to the contract
for deed vendee of the property and all other interested
parties. Said Notice was mailed to the contract for deed
vendor on October 25, 1990.
The undersigned states that a certain Notice of Convictions, in the
above-entitled action, which has been pending in the above-named
Court, and which affected, involved and brought into question the .
��
, , �c� - ����
real estate, situate in the County of Ramsey and State of
Minnesota, described as follows, to wit:
"Lot numbered eighteen .(18) except the South eighty-eight (S.
88) feet and four (4) inches thereof, and the North fifty-one
(N. 51) feet and eight (8) inches of Lot numbered nineteen
(19) , Marion Addition, St. Paul, according to the recorded
plat thereof on file and of record Iin the Office of the
Register of Deeds in and for said Coui�ty",
and which was filed for record in the office of the Registrar of
Titles of said County of Ramsey on the 19th day of September, 1990,
and recorded as Document No. 931912, is hereby discharged and said
action has been dismissed so far as it pertains to the above-
described real property. The Registrar of Titles of said County is
hereby authorized and directed to discharge the same upon the
record thereof.
Dated this �`'� r`(.day of April, 1994 .
� •
Philip B. Byrne
Assistant City At rney
Atty. Reg. No. 13961
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102-1616
Attorney for the Petitioner
State of Minnesota)
County of Ramsey ) ss.
Subscribed and sworn to before me i y of '� 994.
(/ � � ;
. �
�o ar ic
Drafted by: .�o�►t�NE o. CtEw�riTs
Office of the City Attorney "��Y��"
4 0 0 C ity Ha 11 w oorw�ocw�s a�a
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102-1616 .
�/�
.
r.r- -
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF FtAMSEY SECOND JUDICIAL DISTRICT
COURT FILE NO. CQ-90-/O b ��
Other Civil:
Public Nuisances
City of Saint Paul,
Plaintiff,
PETITION AND
vs. COMPLAINT
Raymond J. Hessler, Highbridge Sports
Club, Inc. , and Jeffrey R. Goldberg,
Respondents.
Petitioner City of Saint Paul seeks injunctive relief pursuant
and orders of abatement pursuant to Minn. Stat. 1988, §§617.80-
.87, and for its complaint states as follows.
PARTIES
1. The City of Saint Paul, Minnesota (hereafter, "City") is
a municipal corporation under the laws of Minnesota.
2. Respondent High Bridge Sports Club, Inc. (hereafter, "High
Bridge") is located at 627 S. Smith Street in the City of Saint
Paul, as a tenant or occupant of such building. High Bridge has
made application for a Health and Sports Club license at that
location. The application is pending. The real estate, consisting
of land and buildings, on and in which High Bridge operates is more
particularly described in Exhibit A, which is attached to this
Petition. Respondent Raymond J. Hessler is the fee owner of the
rs-�l'✓!/��'� ��7�� �����" �
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property as indicated in said Exhibit A. Respondent Jeffrey R.
Goldberg is the Executive Director of the Highbridge Sports Club,
Inc.
CONVICTIONS
3. A Notice of the convictions for (a) Christine Ann Sneide,
Indecent Conduct, File No. 4639770, dated February 28, 1990, (b)
Valerie Lynn Lewis, Engaging in Prostitution, File No. 4620831,
dated March 30, 1990, (c) Michael' Angelo Monita, Operating a
Disorderly House, File No. 4639761, dated November 3 , 1989, (d)
Martin Louis Simones, Visiting a Disorderly House, File No.
4639664, dated October 17, 1989, and (e) John Joseph Scheuer,
Operating a Disorderly House, File No. 4619640, dated September 29,
1989, was mailed by the Ramsey County Court Administrator by first
class mail on September 18, 1990, to the owner of,the property and
all other interested parties pursuant to Minn. Stat. 1988, §617.81,
subd. 3 . See Exhibit B which is a copy of the Notice and its
attachments, together with the letter of transmittal and affidavit
of mailing which indicates the date of mailing and the list of
recipients of the Notice.
4 . The convictions noticed in Exhibit B were for acts or
offenses that occurred on the premises of the High Bridge Sports
Club, and are either acts of prostitution or related to
prostitution, or acts of keeping or permitting a disorderly house
within the building.
-f �
�lC�� �s�°�
NUISANCE
5. The foregoing facts constitute proof under Minn. Stat.
1988, §617. 81, subd. 2, of a nuisance. Such nuisance exists when
there are three or more misdemeanor convictions, or two or more
convictions when one of such convictions is a gross misdemeanor or
felony, within the previous two years for acts of prostitution or
prostitution-related offenses, or for keeping or permitting a
�
disorderly house, within the building involved.
6. Such convictions are those referred to in paragraph 3 (and
Exhibit B) of this Petition, and for which Notices were sent in
accordance with Minn. Stat. 1988, §617.81, subd. 3 .
RELIEF SOUGHT
7 . Petitioner seeks a permanent injunction and order of
abatement pursuant to Minn. Stat. 1988, §617.83 :
(a) permanent injunctive relief shall prohibit the owner
from letting the premises or any part thereof for any adult
use as defined in the Zoning Code, and for any use which may
reasonably be anticipated to involve prostitution or related
activities (a detailed proposed permanent injunction
will be submitted with moving papers therefor) ; and
(b) the order of abatement shall direct the closing of
the entire building located at the premises for a period of
one year, and shall direct the appointment of a receiver and
the sale of all movable property pursuant to Minn. Stat. 1988,
§§617 .83-.84 .
�1S
�
l�✓�����
8. Petitioner seeks such further legal and equitable relief
as the court may deem appropriate or necessary, including but not
limited to the award of damages, costs and attorney fees, and
orders providing for the relief and protection of the residents of
the neighborhoods surrounding the nuisance so abated.
9. Petitioner by its undersigned attorney hereby acknowledges
that costs, disbursements and reasonable attorney and witness fees
may be awarded to the respondents pursuant to Minn. Stat. §549. 21,
subd. 2.
This Petition is dated this 19th day of September, 1990.
Jane A. McPeak
City Attorney
. . �.
Philip . Byrne
Atty. Reg. No. 13961
Assistant City Attorney
647 City Hall
Saint Paul, Minnesota 55102
612-298-5121
Attorneys for the Petitioner
��
a��c��q
Verification of Petition
The undersigned states that he has read the allegations
contained in this Petition and believes them to be true and
correct. Such belief is based upon personal knowledge to the extent
that is possible. .,
�?•��`!�G���G.`���'�_.�
Robert Kessler
� Acting License Inspector
State of Minnesota)
County of Ramsey ) ss.
�/ v
Signed and sworn to before me this �d day of �� , 1990.
r
��,;� ��'�!����.
No ; �y�Public
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�t.y4H°u �dor�AV�A pp,4[�N L'tit+l,�r
� "l!:!..w DA�BUG'�►NI
<'y`^ ` M1;v��;,,t EXNrR 5���1y�oTA
ti�::�,,f JG.p�, � �
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSE'� SECOND JUDICIAL DISTRICT
Court File No. CO-90-10671
Other Civil:
Public Nuisances
City of St. Paul,
Plaintiff,
vs .
ANSWER AND
Raymond J. Hessler, Highbridge CCliNTERCLAIM
Sports Club, Inc . , �nd
Jeffrey R. Goldberg,
Defendants .
Defendant ' s for their Answe.r and Counterclaim to the
Petition and Complaint of the City of St. Paul, state as follows :
ANSWEF.
I.
Ueny each and every allegation in the Petition and Complaint
of Plaintiff except as hereafter specifically admitted.
ZI.
Admits the allegations in paragraphs 1 , `1 and 3 of the
Petition and Complaint except insofar as paragraph 2 alleges that
Raymond J. Hessler is ttie fee owner of the property. The fee
owner of the prcperty is Shekinah Lodge No. 171 , Ancient Free and
Accepted Masons . ltaymond J. Hessler is the vendee on a contract
for deed. Defendants also do not concede the accuracy of the
data contained in Exhibit B to the Petition and Complaint.
�
\`'• O
/
� q�� � 5�q
III.
Specifically deYiies paragraph 4 of the Petition and
Complaint and affirma.tively alleges that the convictions notice
in ExhiUit B were for acts or offenses that did not occur on the
the premises of the High Bridge Sports Club, which fact is, or
�hould be, well known to the plaintiff.
IV.
Specifically denies paragraphs 5 and 6 of the Sutnmons and
Petition.
V.
Affirmatively alleges the following defenses :
a. ) Plaintiff' s claim should be dismissed for failure
to join an indispensable pzrty, namely, Shekinah
Lodge No. 171 .
b. ) The Petition and Complaint, on its face, fails to
state a claim for relief.
c. ) Defendant Raymond J. Hessler was previously charged
with permit*_ing a public nuisance in violation of
Piinn. Stat. §609 . 745 . The basis for the charge
was the same as the facts set forth in the Petition
and Complaint herein. Raymond J. Hessler was tried
and acquitted on April 5, 1990 . Plaintiff's
Summons and� Petition are barred by the double
jeopardy clause of the United States and Minnesota
Constitutiori, Minn. Stat. §609 . 035 , and principals
of res adjudicata and collateral estoppel.
-2-
- �1 �
� � °���i��
d. ) None of the defendant 's named herein was a party
to the criminal proceedings d.etailed on Exhibit B
attached to Plaintiff' s Petition and Complaint.
All of those criminal charges grew out of a single
incident occurring on the evenirig of August 12-13 ,
19a9, at a private party in the downstairs rental
hall at 627 South Smith Avenue. At least three of
the convictions listed on Exhibit B are not acts
constituting a nuisance under Subd. 2 of Minn. Stat.
§617 .81 . The remaining two convictions appear to
be cases where the defendants agreed to plead guilty
and pay a small fine rather than incur the expense
and inconvenience of trial .
e. ) Minn. Statutes §617 . 80 to §617.87 do not apply
to the conduct described in plaintiff's Petition
and Complaint. Application of Minn. Stat.
§617.80 to §617.87 to the defendants and the
property described in the Petition and Complaint,
would constitute a taking of private property
without just compensation and without due process
of law.
COUNTERCLATM
� VI .
RAYMOND J. HESSLEP.
As and for his Counterclaim Raymond J. Hessler states that
the Summons and Petition herein constitute a slander on the title
to the real estate described in the Petition and Complaint herein
-3-
��
. � l� °��
which deprives Raymond J. Hessler of the opportunity to use,
develop, or sell the property in the manner he would otherwise be
entitled to.
VII .
As and for his second cause of action Raymond J . Hessler
states that the plaintiff herein, acting under color of state
law, is attempting to deprive defendant Hessler of rights secured
to tiim by the Constitution of the United States , namely the right
to due process of law aiid to just compensation for the taking of
his property. Defendant Hessler is entitled to damages pursuant
to 42 U.S.C. Sec. 1983 .
VIII.
HIGHBP.IDGE SPORTS CLUB, INC.
The Highbridge Sports Club rents the second floor of the
property described in the Petition and Complaint. The alleged
criminal activities described in the Petition and Complaint took
place in the first floor rental hall and had nothing whatever to
do with Highbridge Sports Club. Highbridge Sports Club has
applied for a license from the City of St. Paul to operate a
Health and Sports Club. The license department of the City of
St. Paul has investigated the premises and activities of
Highbridge Sports Club and have recommended approval. Certain
neighborhood residents have caused plaintiff to institute this
lawsuit to interfere with and delay the licensing process because
they do not want the license to be issued. The lawsuit
constitutes abuse of process which has damaged Highbridge Sports
-4-
��
, •
Club. Highbrid e S ort ��(��
g p s Club is also entitled to damages
pursuant to Minn. Stat. §549 .21 and Rule 11 of the Rules of Civil
Procedure.
IX.
JEFFREY GOLDBERG
For his cause of action, Jeffrey Goldberg restates the
allegations of paragraph VIII herein. Defendant Jeffrey Goldberg
is entitled to damages pursuant to Minn. Stat. §549.21 and Rule
11 of the Rules of Civil Procedure.
GIHEREFORE, defendants pray that plaintiff's Petition and
Complaint herein be dismissed and that defendants be awarded
damages on their Counterclaim together with costs and
disbursements and attorney fees .
�7
Date_ �/� `� � � �j ��i (,
avi Ess ing
1200 Minnesota Building
St. Paul, MN 55101
(612) 224-481f3
Attorney for Defendants
Reg. No. 47601
-5-
��
. __ . .
� -�- .
, ��/C��I/}i
(U' C��
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF R�MSEY SECOND JUDICIAL DISTRICT
COURT FILE NO. CO-90-10671
' Other Civil: ,
Public Nuisances
City of Saint Paul,
Plaintiff,
vs. i
STIPULATION
Raymond J. Hessler, Highbridge Sports R�'�c'�C�
Club, Inc. , Jeffrey R. Goldberg, and L �
• Shekinah Lodge No. 171, Ancient Free S�P
and Accepted Masons, a Minnesota 9 1991
corporation, - �l�� ��T�D �
Respondents. < <tN�� r
�
�
Petitioner City of Saint Paul (hereafter, "City") , Respondents '
�
Raymond J. Hessler, Iiighbridge Sports Club, Inc. , and Jeffrey R. �
Goldberg (hereafter, "Hessler") , and Respondent Shekinah Lodge No. �
171, Ancient Free and Accepted Masons (hereafter, "Lodge") , hereby
stipulate and agree to the following terms and conditions with
respect to the use of the property located at 627 So. Smith Street �
f
in Saint Paul, Minnesota, more particularly described as. Lot 18, �
,
except the South 88 feet and 4 inches and the North 51 feet and 8 �
inches of Lot 19, Marion Addition, St. Paul (hereafter, the `
�
�
"Property") . i
1. Hessler will not� operate a billiards parlor, pool hall �
or membership club of any kind on the Property, and will �
: • not promote or advertise or allow the rental or use of ';
any part of the Property for such purposes. _�� �
� 2. : The parties understand that � there are pool and/or '
� - . � billiard tables on the premises at the present ti�e, and �
: that such tables are subject to secured interests running •
in favor of :lenders. It is agreed that Hessler may retain .
and have available solely for the use of persons renting
,
��
b
� �. � , • ' ���r'�"y^
� / �
or using the Property for other lawful purposes, as an
adjunct to those purposes, the pool and/or billiard
tables now on the premises.
3 . For any activity on the Property which does not '
+ require a lic�nse, closing hours of at least midnight to
6: 00 a.m. shall be established.
�=. Hessler may use the Property for hall rentals for
weddings, receptions, dinners and similar purposes. To •
the extent that such use may now or in the future require
a license, Hessler shall make due and timely application
for such licenses, but shall not continue such uses after
being denied or refused any such license or licenses.�The
undersigned counsel for the City is not now aware of any
basis on which such license or licenses could be denied.
. 5. Hessler may also use the Property for any other
legitimate use consistent with this Stipulation and in
conformity with all applicable laws and ordinances,
�including applicable licensing, health, building, zoning
and life safety codes. Hessler shall comply with such
requirements before beginning any such other legitimate
use.
6. The Lodge, as the contract for deed vendor of the •
Property, hereby consents to the terms of this
Stipulation.
7. The City will not seek any orders, relief or abatement
under this lawsuit or under Minn. Stat. §§617.80-.87 as .
to the Property, so long as there is no breach of the
terms of this Stipulation. The City will dismiss its
action herein without prejudice November 1, 1991, if
there is no breach of the terms of this Stipulation.
8 . Each party hereto will bear his, her or its own costs
and expenses, including attorneys fees.
Dated this �i�day of June, 1991.
J
\ _
� I ��,�I .
Brian Kidwe 1 vid s i
O'Neill, Burke, O'Neill, Essling, Ltd.
Leonard & 0'Brien 1200 Minnesota Bui
800 Norwest Center 46 East 4th Street
55 East 5th Street Saint Paul, Minnesota
Saint Paul, Minnesota 55101 Atty. Reg. No. 27601
Atty. �Reg. No. Attorney for Hessler
Attorney for Lodge
_ � � �y
. _. . . . _ _ ..� _... ..._.. ,__..._.�, ..,�
' _ . � .
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. � ltcC 9-��-9� .
Philip B. Byr
Assistant City Attorney •
647 City Hall & Courthouse .
Saint Paul, Minnesota 55102
�Atty. Reg. No. 13961
Attorney for City
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ESSLING, L�v.
.CJrl��,s�st��s arra���ar��:tr�ira-a� �s�f
�Vu.i.IAM W. ESSLINc
I)A�'If)Eti,tiLING
SUITF 1200 A41NNFtiOTA�31)ILUING
�11AI2K F:SSI,I�G
4G En�-r 4rn S�n�eer
SAINT I�qU�„�TINNt„tiOTA J5101
(1i12)2Y4 481A
(Ii121 224-aAIU FAR
October 11 , 1990
rlar� F.11en Murray
District Court-Crimirial Divsion
12th Floor
Ramsey County Court�ouse
St. Paul, MN 55102
RE: State v. Ray-mond Hessler
Charge of Permitting a Public Nuisance
File No. 4639739
Dear Ms . Murray:
The above entitled case was tried before Judge Connelly on April
5 , 1990 . The verdict was r�ct guilty. For come reason S�our
coniputer records show tlie cliar�e was di_smissed, r�thE•r than a
finding of not guilty.
Would �ou please correct 3�our r�cords . We are cencerned because
there is an issue of double jeopardy in a subseauent suit .
I discussed ttiis with Judge Connolly and his clerk and they
confirm that the record should be corrected to show a finding of
not guilty .
__.__. Yours truly,
��� / _ � /� � :
� . .� r� ���-�
����
David Essling
�
DE: cl
cc : Iionorat�le John Connolly
�
�
R..M.PARRANTO &ASSOCIATES,INC. �(.(��1��
Real Estate Appraisers .
Industrial Realtors o
HAMLINE TWIN CITY R.EAL ESTATE COMPANY s�,�rr oF
� Residential Specialists o . REAlESTATf
REALTOR � � AriRA15ER5
APPRAISAL
OR MARKET VALUE ESTIMATE
CERTIFICAT� of: 627 South Smith Avenue
St. Paul, Minnesota 55107
for: Mr. Gregory C. Langason
4515 Fourth Avenue South
Minneapolis, Minnesota 55409
I hereby certify that I have personally examined the
property described as: The North 51 2/3 feet of Lot 19 and Lot
18, except the South 88 1/3 feet thereof, Marion Addition to St.
Paul,
and it is my opinion that the value of said property as of the 9th
day of March, 1994 is $200,000.
The property was appraised as a whole, owned in fee sim-
ple and unencumbered by any indebtedness.
I further certify that I have no present or contemplated
future interest in the property appraised or the result of this
appraisal and that this appraisal was made in conformity with the
Uniform Standards of Professional Appraisal Practice, by whom R.
M. Parranto has been designated a Certified General Real Property
Appraiser.
�� /�/� SRA
�_� Dat R . a r n o
Certified General Real
Property Appraiser
MN License #4000402
��T The highest price estimated in terms of money which a
VALUE property will bring if exposed for sale in the open market allow-
DEFINED ing a reasonable time to find a purchaser who buys with knowledge
of all the uses to which it is adapted and for which it is capable
of being used.
LIMITING The opinion of value expressed above is the result of
CONDITIONS and is subject to the data and conditions described in detail in
the accompanying report.
No responsibility is assumed for matters of a legal
nature concerning the appraised property, nor of questions of
survey.
No fractional part of this appraisal is to be used in
conjunction with another appraisal. Such use renders it invalid.
745 GFi�1ND A�, SiTITE 101 , ST. PAUL, I�T 55105 ��
I'AX: (612) 225--�74 T�L�PFIONE: (612) 225-�1090 C.%
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DATE AND PURPOSE: This appraisal is based upon a
reinspection of the property on
March 9, 1994, and has been completed for the purpose of
estimating the market value of the subject property as of that
date.
PROPERTY Subject property carries the street
IDENTIFICATION: Address of 627 South 5mith Avenue�
St. Paul, Minnesota 55107. The
property is on the west side of 5mith Avenue and borders the
south side of the alley between King Street and Baker Street.
RECORD DATA:
Property ID Number: 07-28-22-23-0100
Assessor's Opinion Land - $ 10�400
of Market Value: Bldg. - 92,900
TOTAL $103�300
1994 Taxes: $4,683.00 Homesteaded including an
assessment balance of $70.00 after
payment of 1994 taxes
Lot Size: 51 2/3 ft. x 103.66 ft. or 5,355
sq.ft.
NOTE: This is slightly larger than
original courthouse records of
5,200 sq.ft.
Date Built: 1921
Zoning: B-2 Community Business
Subject property conforms to this
zoning
AREA ANALYSIS: Smith Avenue is the westernmost
commercial strip on the West Side
of St. Paul. The West Side is so called because it lies on the
west bank of the Mississippi River from the rest of the city of
St. Paul , although it is directly south of downtown St. Paul.
Smith Avenue connects the West Side to the east bank of the
river by way of the Highbridge which was recently rebuilt as a
landmark bridge for the city. The replacement of that bridge
has greatly enhanced the commercial viability of Smith Avenue.
Homes in the neighborhood are well maintained but modest anc3 the
period when the old Highbridge had been demolished until the new
bridge was built proved that this neighborhood cannot support a
commercial strip without the automotive traffic generated by the
bridge.
S� �
�-8-�
� � ���-c���
The City of St. Paul is the capital city of the State of
Minnesota and had a census as of 1990 of 272�235 persons. The
city is also the county seat of Ramsey County which has a
population as of 1990 of 485,765. St. Paul forms a part of the
Twin City Metropolitan Area which passed the two and one-half
million mark in population in 1990.
The city, county and metropolitan area are enjoying an excel-
lent economic climate, with unemployment rates typically less
than the nation as a whole. The city has a strong, diverse
economic base. The prolonged focus ori neighborhood economic
development has resulted in a lesser degree of deterioration of
both housing and commercial development within the neigh-
borhood. There has been very active economic development in the
downtown, on the commercial strips and in the industrial parks.
One of those industrial parks is located on the West Side and
has generated additional economic activity for this part of the
city.
TAX ANALYSIS: Commercial properties have been
revalued recently by the county
assessor and generally lowered in real estate value for purposes
of taxation. The assessor's values are not a guide to actual
cash market value and cannot be used by an appraiser as a basis
of valuation for the market. The neighborhood has had
considerable improvements in the past five years as to roadways�
approaches to the High Bridge, and the general business activity
in the neighborhood has considerably increased to above the
levels prior to the closing of the High Bridge for complete
replacement in the late 1980s.
SITE ANALYSIS: As shown on the enclosed plat� the
subject site consists of portions
of two platted lots which are basically the back ends of two
lots facing Baker Street along the alley side. These lots are
contiguous and have 51 2/3 feet of frontage on Smith Avenue and
approximately 100 2/3 feet of depth along the alley. The
building completely covers the lots, except for a small portion
along the alley to allow for structural support that extends out
from the wall area. The sidewalk and alley adjoining the
building are relatively level. The site is served by a heavy
duty bituminous street that is used as a truck route and public
transportation bus route, a newer concrete sidewalk and curb,
and by streetlights. The site is also served by all utilities
including storm and sanitary sewer, ac3equate electricity� gas
and city water.
� �
..�-..
� � �`�-�s 7�
BUILDING The site is improved by a 73 year
DESCRIPTION: old, full masonry building and
contains two furnaces� one for each
floor, which handle air conditioning from the roof top
condensers, a new automatic gas hot water heater and the
electrical equipment. This area is also used for storage. The
electrical service is 200 amp three phase and has a separate
panel for 200 amp single phase. Thus there is heavy duty
electric for both lighting and adequate power for commercial
rated appliances.
The first floor has a lobby with stairs down to the sidewalk
level and men' s and women's bathrooms on either side of the
lobby. The lavatories are adequate for public use in a building
of this size and they are well equipped. The lobby leads into a
large meeting hall which takes up a major portion of the first
floor. The lobby and the meeting hall have vinyl tile flooring,
plaster walls and paper tile ceiling. There is a modern, up to
date kitchen behind the north wall of the ballroom meeting hall.
The kitchen is well equipped for catering and has been improved
by city inspectors. There is a janitor closet off of the
kitchen with a marble floor sink. There are two alcoves off the
meeting room, one of which is at the north wall and at the end
of the kitchen which is ideally situated for a bar area serving
the meeting room, and the other is on the west wall which is
suited for a stage area facing the main meeting room area.
There is also an office space in the northwest corner of the
first floor near the service stairway which could be rented
without disturbing the balance of the first floor operation.
There are two stairways to the second floor; one is the ser—
vice stairway just mentioned in the northwest corner of the
buildinq, and the other is the main stairway in the northeast
corner connecting the first and second floor lobbies. The
second floor lobby and meeting room are carpeted and otherwise
finished similarly to the first floor. There are a number of
small rooms between the main meeting room and the lobby which
are suitable for office use. The lobby has very nice furniture
and is jointly used by various tenants of the second floor. The
main meeting room on the second floor takes up the full width of
the building with seating on risers along the north and south
walls of the room, that is, the old theater style seating with
the swing down seats. The entire second floor has recently been
totally redecorated and refurbished at a cost of some $15,000
due to a very small fire. All of the seating has been cleaned
and sprayed with scotchguard. The light fixtures shown in the
enclosed photograph are temporary and were intended to be above
billiard tables which no longer are present. The roof has been
well maintained and repaired as recently as 1993. It is
reported to be in good condition and approximately nine years
old. The roof was not inspected.
The building is in excellent condition inside and out, is
exceptionally strong in its original construction, and has been
well maintained through the years.
— 10 — ��
, . q�� �5�1
�
EFFECTIYE AGE: The calendar age of the builc3ing is 73
years. Due to its excellent original
construction, its maintenance through the years and its
recent renovation, the effective age of the building is
estimated to be 50 years.
REMAINING The remaining economic life of the
ECONOMIC LIFE: structure on the site is estimated to
be 35 years.
ZONING: The subject property is zoned B-2,
Community Business District. This
zoning allows a wide range of commercial uses with the
intention that properties in this zoning serve a larger
customer base than the local business district. This
specifically includes "private clubs� fraternal
organizations, and lodge halls. " It also includes "theaters�
assembly halls� concert halls, or similar places of assembly
when conducted completely within enclosed buildings. " These
allowed uses include all of the most likely uses of the
subject property as it is presently configured.
- 11 - �
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HIGHEST AND Highest and best use is defined as:
BEST USE:* That reasonable and probable use that
supports the highest present value� as
defined, as of the effective date of the appraisal.
Alternatively� that use, from among reasonably probable and
legal alternative uses, found to be physically possible,
appropriately supported� financially feasible� and which
results in highest land value.
The definition immediately above applies specifically to the
highest and best use of land. It is to be recognized that in
cases where a site has existing improvements on it� the
highest and best use may very well be determined to be
different from the existing use. The existing use will
continue, however, unless and until the land value in its
highest and best use exceeds the total value of the proper ty
in its existing use.
Implied within these definitions is recognition of the
contribution of that specific use to community environment or
to community development goals in addition to wealth
maximization of individual property owners.
The highest and best use of the subject property is for use
by a promoter who would be able to keep the meeting hall
filled on a daily rental basis for the first floor space and
development of a private club or theater or concert hall on
the second floor that could generate a more steady income
stream than the first floor.
This highest and best use is recognized to generate a large
portion of its income from the promotion of the businesses
within the building rather than from the building itself.
Therefore, a larger portion of the income stream is
attributable to the promotion rather than to the value of the
building. However, this will still provide a better income
to the building than conversion of the building to another
use for rental.
The value of this property has been based upon normal market
rental income, the amount the promoter would pay a separate
owner with the difference providing an excellent livelihood
but not a proper basis for additional real estate market
value.
*REAL ESTATE APPRAISAL TERMINOLOGY, the American Institute of
Real Estate Appraisers, the Society of Real Estate
Appraisers, Ballinger Publishing Company, 1981, pp. 126-127.
— 13 — `� �
/
� q�- � ��q
APPRAISAL The estimate of value of this prop-
PROCEDURE: erty will be based upon the three
standard approaches to value. The cost
approach to value is a method in which the value of a
property is derived by estimating the replacement cost of the
improvements, deducting therefrom the estimated depreciation�
to which is added the market value of the land. This
approach is based upon the assumption that the reproduction
cost new normally sets the upper limit of the building value
provided that the improvement represents the highest and best
use of the land.
A second analysis wi11. be the market approach to value which
is an appraisal technique in which the market value estimate
is predicated upon prices paid in actual market transactions
or current offerings. The former reflects the lower limit of
value in a static or advancing market (pricewise) and re-
flects the higher limit of value in any market. The relia-
bility of this technique is dependent upon (a) the degree of
comparability of each property with the property under
appraisal, (b) the time of sale, (c) the verification of the
sales data, and (d) the absence of unusual conditions affect-
ing the sale.
A third method of analysis is the income approach to value,
an appraisal technique in which the anticipated net income is
processed to indicate the capital amount of the investment
which produces a net income. The reliability of this tech-
nique is dependent upon four' conditions:
1. The reasonableness of the estimate of the anticipated net
annual income.
2. The duration of the net annual income� usually the eco-
nomic life of the building.
3. The capitalization rate taken from adequate market data.
4. A method of conversion.
All of these must be based upon a thorough analysis of atti-
tude of buyers in the marketplace.
- 14 - �a'
� ��-is��
COST APPROACH: The first step in the cost approach
to value is the valuation of the
land as though vacant. This is accomplished by comparing the
subject site to similar sites that have sold as vacant land on
the basis of zoning, location� size, and the special influences
of each site.
Due to the fully developed nature of the City of St. Paul� sales
of vacant B-2 zoned land is uncommon. Many of the sales reflect
expansion of existing properties by purchasing adjacent
buildings for demolition to gain parking or building expansion
space. These sales would be directly applicable to the subject
if the highest and best use of the subject were as expansion for
a larger, adjacent property. Since that is not the case� the
higher prices paid in those cases would have to be heavily
discounted.
There have not been sufficient sales of vacant land in this area
to indicate market value. The appraisal in 1989 cited sales
that were considerably distant from subject property. Rather
than review sales away from the west side� your appraiser
prefers to use the typical value of land for single family
dwellings. This is because if the building were totally burned
out, it would be difficult to obtain a building permit for
another commercial building of this type. The neighborhood
community would probably prefer a duplex erected on the site and
therefore a duplex land value has been used in this report.
After consideration of neighborhood factors and the market
attitude for residential use in this immediate location, it is
your appraiser's opinion that this land contributes to the total
property value in the amount of $4.50 per square foot, rounded
to a conclusion of $21,500.
The reproduction cost of the building has been estimated by
using the cost figure from the 1989 appraisal� at which time the
Boeckh's Manual showed a cost multiple factor of 4.20. The
Boeckh 's factor for January, 1994 is 4.83, or a 15$ increase in
five years. The cost approach is as follows:
Building, 10, 262 sq.ft. @ $51.75/SF = $530,955
(this is an overall rate including
basement and specialty fixtures)
Less depreciation, 66� or 350,455
Depreciated Value of the Building - 180,500
Land Value - 21�500
VALUE INDICATED BY COST APPROACH: $202,000
DEPRECIATION Depreciation is based upon an
EXPLAINED: effective age of 50 years and
therefore the physical
deterioration is estimated to be 50�. Functional obsolescence
is due to overbuilding as to its cost and slight oversize for
its function, 10�. Economic obsolescence due to generally lower
rentals in this area than in #1 areas outside of the downtown
business district, 6�. Total depreciation used in this
analysis: 66�.
- 15 - 7�
�(� -« ��
MARRET DATA Your appraiser has chosen five
APPROACH TO VALUE: properties for direct comparison
with subject property. From each
of the five sales, a copy of MLS information is in the addendum
of this report, various indicators of value have been
considered. Adjustments have been made for condition� quality
overall, the structure itself and location. The five sales are
shown on the following page in the form of a comparable sales
adjustment chart. It is standard appraisal procedure to comment
on each of the properties and the comparison made:
1079 Rice Street
This property sold for $160,000 and was the North End
Improvement Club building which included a rental hall operation
used by the organization once a month. Because of the '
similarity of use, this is an excellent comparable. Adjustments
were made for superior quality of the original construction of
subject property, but the location adjustment is a negative
because the Rice Street location has better commercial
potential.
1190 James Avenue
This is a former Shriner's building and is even more similar to
subject than the Rice Street building. However, the James
Avenue location is not zoned for any commercial operation of any
kind. It is required to have continued use as club rooms or be
converted to residential use. One floor was extensive office
space and there were several tenants in there� which is somewhat
contrary to the zoning, but because the rental auqmentec3 the
Shriner operation, no fault was found. Subject property is
superior as to original quality of the building. Despite the
lack of office or commercial use allowed, the residential
quality of the James Avenue neighborhood one block from the
intersection of Randolph Avenue and Edgcumbe Road offsets the
commercial value because of its potential for high rent
residential.
961 West Seventh Street
This sale tends to indicate the value of subject property if it
were converted strictly for retail use. The building is nowhere
near the structural condition or quality of subject and also has
a negative for location because of inferior retail potential.
The overall adjustment of -20� may be slightly low.
1101-05 West Seventh Street
Again, this property is similar to the other property on West
Seventh and its sale price indicates a loss in value because of
inferior condition to subject as well as the same location
adjustment. Neither sale #3 nor #4 is considered for direct
comparison, but rather for broadening of statistics on which the
appraisal is based.
- 16 - ��
� � q�� 15�9
399 East Maryland Avenue
This property has a less or inferior quality construction
originally but has been well maintained similar to subject. Its
locational adjustment in that Maryland Avenue must be negative
because of lower purchasing potential of the surrounding
neighborhood.
Basically, this market value analysis is based upon the two
comparables that were meeting halls at time of sale. In both
cases, subject property is superior as to equipment, the
availability of two separate halls, and the office space
available for rental.
As a result of this analysis, the value indicated by the market
value approach is as shown on the adjustment chart� $205�200.
— 17 — ��
, � u� �q/
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INCOME APPROACH Your appraiser has been furnished
TO YALUE: the information prepared February
23, 1994 by the present owner to
advise the purchaser of the potential income of the property as
well as costs incurred for improvements in recent years. These
figures have been reviewed.
This information indicates the gross income receivable by an
operator of the building who would rent out portions of the
building on a daily basis for weddings� banquets� etc. The
majority of this income would be attributable to the risks taken
by the entrepeneur or manager, and the expertise of that person
in direct result from the quality of public relations employed
by that owner-operator.
The value of real estate must be based upon normal rentals in �
the marketplace. Therefore, your appraiser has selected rentals
that would be paid by the entrepeneur to a separate owner of the
building, which is estimated to be $5.00 per square foot for the
second floor and $6.00 per square foot for the first floor, for
a total gross rental of $57�700 per year. After a rental loss
of 5�� the effective stabilized rental is estimated to be
$49,115. On the following sheet will be shown the economic
approach to value from which the expenses of an absentee owner
are charged against the rental to show an effective net income
of $28,915. This amount, when capitalized properly� indicates a
value to subject property of $200,000.
The sales price or market value of the property that is built
for the production of income is based mainly upon the income
approach, but is limited to the values found in the other
approaches. It is therefore your appraiser's preference to
rely principally upon the economic approach to estimate the
value of subject property.
- 19 - ��
� ECONOMIC APPROACH �/_ �����
lQ
RENTAL VALUE P�R ANNUM $ 51,700 .
__ 4, 700 S.F rentable area per floor @ $5.50 average per S F
or 551,700 per year
ACTUAL RENTAL S TOTAL $ 10 5,6 0 0
Bv operatinq a rental per day business
Rentals used are market rents under annual lease to business
VACANCY AND RENT LOS S . . $ 2,5 8 5 (5�)
. . . . . . . .
EFFECTIVE STABILIZED RENTAL . . . . . $ 49�115
Note: If different from actual, explain in narrative.
OPERATION:
Real Estate Taxes $ 4,800
Insurance $ 1�800
Fuel or heat $ 4,000
Janitori�l Service $
Labor (other) $ 500
Repairs & Maintenance $ 2� 500
Elevator $
Reserves for Replace. $ 1� 200
Water $ 600
Electricity and gas $ 1,400
Miscellaneous $ 1�000
Management $ 2,400
$
$
$
$
$
$ $ 20,200
�FFECTIVE NET INCOME $ 28,915
Attributable to land _ 21 , 50(!� 9 % . .$ 1,935
flvailable to Buildings . . . . . . . . . . . . . . $ 26,980
Capitalized at �Z% rate equals . . . . . . . . ,$ 179�866
Add Land . , , , , $ 2T i 500
201,366, Say
TOTAL ECONOMIC VALUE _ .$ 200�000
- 19a - ��
� q� - �5��
CORRELATION: The values found in this report are
restated here:
VALUE INDICATED BY COST APPROACH: $202�000
VALUE INDICATED BY MARKET DATA APPROACH: $205�200
VALUE INDICATED BY ECONOMIC APPROACH: $200,000
CONCLUSION Based upon the data reported herein -
OF VALUE: and relying upon my experience in
the appraisal, sale and development
of this type property, it is my opinion that the market value of
subject property as of the 9th day of March, 1994 is $200,000.
* * * Two Hundred Thousand Dollars * * *
- 20 - �
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A D D E N D II M
- 21 - ��
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ADORESS �079 RICE ST ' AREp 7 �2 I ST►AUl. .
L TI N M�p
20NING C85 � � �
TERM : BU W R
MIN DOWp PAYA!FNT f 30000 STRUCTURE CORPORATON: BUILpING ONM
INTEREST 10 I FUII TIME EMPL 0 TIPE 07HER
YEARS 70 1 PARi TIME EMP� 0 PARKING OFF STREET
BALl00N S 0 OWNERS HOUR$/VYK 0 BIDG S2 /0%100 SF :
ENCUMBERANCES S . MANAGEMENT TOTMNTHLVRENT S 0
ASSUMABIEI YEARS ESTABUSHED 1!T DEPO5IT f 0
YEAItS BV R p TRM 0 YR ND 0
OESCHIPTION 25 29 2711 0158-7p0T9 RICE ST)&25 t9 YJ 110157.{►ApKING
L07 AUERBACH'S 8 HANO'S:�DDITION TO ST.PAUL IOTSl.S.i BLK ti
REASON FOR SAIE WILL lEASE BACK FOR 1 MEETWC A MONT11
DAYS PEN.At H R PE BI & D
INCLUDEO IN PRICE PEMTIONS� CASHFLOW .
E�UIPMENTS 0,' INCOME FOR : OWNERS$AURY f 0 .
INVENTORY S 0 ENDING IDATF�: PR�NGE BENEFITS S.0
LEASE HOLD IMPHOV S 0 �GROSS SALES S W000 OEPREqATipN S 0
SIGNS S 0 COST SALES S 0. INTEREST t 0
REAL ESTATE S 0 GROSS PROFRf 0 OTHER AGI S p000
O7HER S OPi•EXi f 0 ' OTHER ACR S 75549,�,
THER N TP TAX 0 T T H 271 1
COMAtENTS ORTMENDIMPROVEMENTCLUBWG�NOI�FPROf1T►BqICKBLpG.
SPLR�EVEL-IST FLR�8X52 HALLKRCH.I2X'C OBL STOVE/H000/OVEN/ '
FANJpISITYlASHER/NEFRIG/Y/ALKW CpOLEN/WET BAp�POP C00lER,2 WAII �� • �
NR COND.VENT FAN,FURNACE RM 1�X76 WRH H�W GAS MEAT,BAR AREA.
18X292 TOILETS4N0 FLR 38X65 HAtL15X1{Of i10E,15X15 STORAGE RM
19X20 STAGE CENT.AIR CE�UN FANS DRESSING AREA OFF STAGE STREET
BKR LENTSCH COMPANY 1 t192 AGN LLOYD BEXCUM . PH t89.p9(a .
COMPARABLE SALE #1
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108881 LAM•0 APT/RTL ,CSH L•S 198.000
01119/93 81.1w DAYS PTS•0 SO-8234"OLP� 198,000 S-S150,000
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MUN ST.PAUL ZIP 56106 �=p .
AR '760 SUB 2 DN COU RAMS SB S 0 ' ' ASP N
LOi.86X127 NE 0 N1 0 N2 0 N� 0 PRK ST yg� �92�
DIR 1 BlK NO.OF RANDOLPH AT CORNER OF EpGCUMBE RO. f 64741!
MULTI-USE BRICK BIDC HAS OFRCE SPACE�ARGE SOCIAL}�pLL yy1TH
COMPLETE KRCHEN•3000 50 FT AVORORIUM W/STACE•NEW ROOF IN
d3iERFECT FOR(�URCN,SCN LOOGE CLUB�CLOSE TO JbE AND BUS
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IU MO S/ANNS ANN EXP HEA ST/Gq p�0 10.2d2Y14-0i�S.7
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0 �0 /0 EL 600 - B$M p � PRM HWF NAT 220
0 �@+0 /0 S 260 . AT CONN RM CON
0@0 , /0 IN 220p,:$�yy CONN CS 0 . INT 0 y.
0 �0 /0 TR S00 •�fSZ �400 EXF� CA '00 0 . /SM N
0 �0 /0 MN 0 FSF l000 PIN S 0 • '� 2MC N 2MA H
0 �0 /0` CT 0 AGI 0 .
MS 0 /0 RP 0 AGE 0
TI 0 /0 �• TE 9150 ANI 0 SON 825 SDP 29?-0000
AGN SANDY AARON 698-�171 gg y, ��16 �
,OfFICE BURNET RFJILTY INC, �p a2�7 pH =27.8/tI /,p�{ygy«
COMPARABLE SALE #2
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r 07t06 lAM•110460 APT/RTL C/D • �.��p�,gpp
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' DEFINITION OF MARKET VALUE: The most probable price which a properly should bring in a competilive and open markei
under all conditions requisite to a fair sale, the buyer and seller, each actinp prudently;knowledgeably and assuminp the price is not
affected by undue stimulus. Impticit in this de(inition is the consummation oi a sale as ot a specified dale and ihe passing of tide from
seller to buyer under conditions whereby:(1)buyer and seller are typically moGvated;(2)both parties are well infortned or well advised,
and each acting in what he considers his own best interest;(3) a reasonable iime is allowed for exposure in ihe open ma�ket;(4) payment
is made in terms ot cash in U.S,dollars or in terms of financial arranQements comparable thereto; and(S)1he price represents the normal
consideration for fhe property sold unaffecied by special or creative financing or sales concessions*granled by anyone associated wiih ihe
sale. .
*Adjustments to the comparables must be made for special or creative financing or saies concessions. No adjuslmenis are necessary tor.
lhose costs which are normally paid by setlers as a resuli of lradition or law in a market area;these costs are readily identifiable since the
seiler pays ihese cosis in virtually all sales transaciions.Special or creative financing adjustments can be made io the comparable property
by comparisons to financing terms ofiered by a third party institutionai lender that is not already involved in the property or UansacGon. Any
adjustment should not be calculated on a mechanical dollar for dollar cost ot the financinp or concession but the dollar amount of arry
adjustment should approximate the market's reaction io the financing or concessions based on the appraiser's judgment.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiset's certification that appears in ihe appraisai report is subject io the
following condiiions:
1. The appraiserwill not be responsible for mailers ot a legal nature that aftect either the property being appraised or the Gtle io it. The
appraiser assumes that ihe tifle is good and marketable and,therefore,will not render any opinions about the iitle. The properiy is appraised
on the basis of it being under responsible ownership. �
2. The appraiser has provided a sketch in the appraisal reporl to show approximate dimensions of lhe improvements and ihe sketch is
included only to assist the reader oi the repori in visualizing the property and understanding the appraisers determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency(or other data
saurces)and has noted in the appraisal report whether the subject site is located in an idenGfied Special Flood Hazard Area Because the
appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination.
4. The appraiser will not give iestimony or appear in court because he or she made an appraisal of the properly in question,unless specific
arrangements lo do so have been made beforehand.
5. The appraiser has estimaied lhe value of the land in the cost approach at its highest and best use and lhe improvements at their
contributory value. These separate valualions of the land and improvements must noi be used in conjunction with any other appraisal and
are invalid if they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions(such as,needed repairs,depreciaGon,the presence of hazazdous
wastes,loxic substances,etc.)observed during the inspection of lhe subject property or fhat he or she became aware oi during the normal
research involved in performing the appraisal. Unless otherwise staied in lhe appraisal report,lhe appraiser has no knowledpe oi arry hidden
or unapparent condilions of the property or adverse environmenlal conditions (incloding the presence ot hazazdous wastes, toxic
substances,etc.) thal would make the property more or less valuable, and has assumed lhat there are no such conditions and makes no
guarantees or warranties, express or implied,regardinp lhe condition of the property. The appraiser will nol be responsible for arry such
conditions that do exist or for any engineering or tesling that might ba required to discover whelher such conditions exisL Because the
appraiser is not an expert in the field of environmental hazards,the appraisal report must not be considered as an environmental assessment
of the property.
7. The appraiser obtained the information,esiimates,and opinions that were expressed in 1he appraisal report from sources lhat he or she
considers to be reliable and believes them io be true and conect. The appraiser does not assume responsibiliiy for the accuracy of wch
items that were furnished by olher pariies.
8. The appraiser will noi disclose ihe contents of the appraisal report except as provided for in the Unitorm Standards of Professional
Appraisal Practice.
9. The appraiser has based his or her appraisal report and valualion conclusion for an appraisal that is subject to saiisfaclory compleiion,
repairs,or alterations on ihe assumption that completion of lhe improvements will be performed in a workmanlike manner.
10. The appraiser must provide his or her prior wrilten consent before the lender/client specified in the appraisal reporl can disiribute the
appraisal report(including conclusions about the property value,the appraiser's identity and professional desipnations,and references to
any professional appraisal organizations or the firm with which the appraiser is associaied ) to anyone olher than the bonower;the
mortgagee or its successors and assigns;the mortgage insurer;consultants; professional appraisal orpanizations;any slale or federally
approved tinancial institution; or any department, agency,or insirumentalily oi the United States or any staie or 1he District of Columbia;
except that the lender/client may distribute 1he property description section of the reporl only to data colleclion or reporting service(s)
wiihout having to obtain the appraiser's prior writlen consenl. The appraiser's wrilten consent and approval must also be obtained before
the appraisal can be conveyed by anyone to the public lhrough adveriising,public relations,news,sa;es,or other media.
Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 10048 6-93 ��
� APPRAISERS CERTIFICATION: The Appraiser certities and agrees 1haL•
1. I have researched the subject market area and have selecled a minimum oi three receni sales of prope�ties most similar and proximate ��_ ��'l�
io the subject property for consideration in ihe sales comparison analysis and have made a dollar adjusUnent when appropriate to retlect the
market reaction to those iiems of significant variation. If a significant item in a comparabie property is superior to,or more favorable than,
the subject prope�ty,I have made a negative adjustment to reduca lhe adjusted sales price of the comparable and,if a significant item in a
comparable property is inferior to,or less favorable than lhe subject properiy, I have made a po'siGve adjuslment to increase the adjusted
sales price of the comparable.
2. I have taken into consideration the factors that have an impact on vaiue in my development oi the estimale of market value in the.
appraisal report. I have not knowingly withheld any significanl informaGon irom the appraisa� report and I beiieve, to the best of my
knowledge,that all statements and informaiion in ihe appraisal report are true and correct.
3. I stated in the appraisal repart only my own personal,unbiased,and protessional analysis,opinions,and conciusions,which are subject
• only to ihe contingent and limiting conditions specified in this form.
4. I have no present or prospeciive inierest in the property that is the subject to this repori,and I have no present or prospeciive personal �
interest or bias wilh respect to the participants in ihe transaction. I did not base; eilher parlially or completely, my analysis and/or the
estimate of market vaiue in the appraisal report on the race,color,religion,sex, handicap,familial status,or naiional origin oi either the
prospective owners or occupants of the subject property or of the present ownecs or occupanis of the properties in ihe viciniiy of the
subject property.
5. I have no present or contemplaled Tuture interest in the subject property, and neither my currenl or fulure employment nor my
compensation for performing ihis appraisai is coniingent on Ihe appraised value of the property.
6. I was nol required lo report a predetermined value or direction in value ihat favors the cause of the client or any retated party, 1he
amount oi lhe value estimate, ihe attainment of a specific resull, or the occurrence of a subsequent eveni in order io receive my
compensalion and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation,a
specific valuation,ar the need to approve a specific mortgage loan.
7. I performed ihis appraisal in conformiiy with ihe Uniform Standards of Professional Appraisal Practice lhat were adopted and
promulgaled by ihe Appraisal Standards Board of The Appraisal Foundation and that were in place as of ihe effeclive date oi lhis appraisal,
with the exception of lhe departure provision of lhose Standards,which does not apply. 'I acknowledge that an esUmate of a reasonabie �
time for exposure in the open market is a condition in ihe definilion of market value and the estimate I developed is consistenl wilh ihe
marketing time noted in the neighborhood section of lhis reporl,unless I have otherwise stated in the reconciliation section.
8. I have personally inspected the interior and exterior areas of the subject property and ihe exterior of all properlies listed as comparables
in the appraisal report. I further ceriify that I have noted any apparent or knovm adverse conditions in the subjecl improvemenis, on ihe
subject site,or on any site within the immediafe vicinity of the subject property of which I am aware and have made adjuslments for these
adverse conditions in my analysis of the property value to the extent lhat I had market evidence to support them. I have also commented
about the effect oi the adverse conditions on the marketability of ihe subject property.
9. i personally prepared all conciusions and opinions about the real estate that were sei forlh in the appraisal repo�t. If I relied on
significant professional assistance from any individual or individuals in the perfortnance of the appraisal or the preparation ot ihe appraisal
report,I have named such individual(s) and disciosed ihe specific tasks per(ormed by ihem in the reconciliation section of this appraisal �
report. I certify that any individual so named is qualified to perform lhe tasks. I have not authorized anyone to make a change to any item in
the reporl;therefore,if an unauihorized change is made to lhe appraisal reporL I will lake no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal repo�,he or she certifies
and agrees that:I direclly supervise the appraiser who prepared the appraisat repo�,have reviewed Ne appraisal repo�,agree wiih fhe
statements and conctusions of the appraiser,agree lo be bound by the appraisers cerGficaGons numbered 4 through 7 above,and am taking
full responsibility for the 2ppraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: 627 Smith Avenue South, St. Paul
APPRAISER: " SUPERVISORY APPRAISER(only if required)
7
Signa ' Signature:
Name: ar rran o SRA Name:
DateSigned: March 9, 1994 DateSigned:
State Certificalion�: S1ale Cerlification#:
' or State License#: u0oou02 orState License�:
State: MN State:
Expiration Date of Certification or License: 8/_31/94 ExpiraGon Date ot Cerlification or License: '
❑ Did � Did Not Inspect Properly
Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 1004B 6-93 ��
v
APPf2AISAL QIIALIPICATIONS OP ��✓ ��� 1 • .
RIC�FtD M. PAFtFiANTO, SRA
745 Grand Ave., Suite 101
• St. Paul, Minnesota 55105
Phone: 612/225-4090 Fax: 612/225-8474
APPRAISAL EDUCATION
American Institute of Real Estate Appraisers
Minnesota Savings & Loan appraisal Procedures, 1949
Veterans Administration Appraisal Lectures, 1950-51-52
AIREA, Urban I, Real Estate, 1953 at St. Thomas College
AIREA, Urban II, Real Estate, 1954 at Hamline University
SREA Industrial Real Estate, 1974 at University of Oklahoma
Various symposiums, refresher courses and instructors' clinics
Realtors and Appraisers Continuing Education Courses for Recertification
APPRAISAL EXPERIENCE
President, Parranto Bros. , Inc. , Realtors, 1954-1979
President, R.M: Parranto & Associates, Inc. , Appraisers, since ,1979
President and Chairman, Hamline Twin City, Realtors, since 1979
Commercial - Industrial
Major buildings in downtown St. Paul and Minneapolis including
hotel, office, retail and bank buildings, and manufacturing
plants of all types. Recent assignments include: '
Saint Paul Athletic Club �
Downtown St. Paul YWCA
Control Data World Distribution Center, St Paul
Road Rescue Ambulance Mfg. Plant, St. Paul
Unisys Defense Headquarters building,
Unisys Semi-Conductor Research and Manufacturing Facility, and
Unisys Marketing Center, Eagan, MN; and plants in Jackson and
Rosevil•le, Minnesota and Eau Claire, Wisconsin
Montgomery Ward & Co. , St. Paul Retail & Distribution Center
Ideal Security Hardware Headquarters and Plant, St. Paul
Overland Express Terminals in Anoka, Ramsey and Dakota Counties
Ramsey County Park Lands and Golf Course; Assessment Appeal
Major Apartment Developments for Sale or Mortgage Purposes or
Condemnation
Riverside, Hartzell, Arlington, Victoria, Edgecumbe, Johnson
and other Schools
Industrial and Commercial Properties for Owners Appeal of Real
Estate Taxes, Ramsey County
Christ's Household of Faith, formerly St. Joseph's Academy, St.
Paul
�
ti
Multi-Family �/ �����
�Q
Appraisal of apartment complexes, condominiums, and apartment buildings
for investors, lenders, syndicators and sellers. Depreciation studies
for IRS purposes, sch�edules of rapidly depreciating components and
feasibility studies. Analysis of Real Estate syndicate offerings
for individual investors.
Development Land
Over 250 appraisals of subdivisions, raw land for subdivision, partial
takings of subdivisions for right-of-way purposes have been completed.
Experience includes developer, coordinator of development of the
following subdivisions: Parranto Bros. Addition, Normandy Park,
Tower Heights, Highland Heights, Eastwood Manor, Cedar Grove Addition,
and South Delaware Estates.
Condemnation
Commissioner in Condemnation on over 750 parcels in Ramsey County,
expert testimony before Commissioners in Condemnation on over 300
parcels, appearances as expert witness in Courts in several Districts.
Appraisal clients include almost all municipalities in the Metropolitan
SMSA, the St. Paul and South St. Paul Housing and Redevelopment Authorities,
Ramsey County Assessor's office, Ramsey County Attorney, seven independent
school districts, Metropolitan Waste Control Commission, and the
Metropolitan Airports Commission.
Farms • , •
Veterans Administration farm appraisals, County Assessor's farm appraisals,
appraisal of farms for owners concerning various utility rights-of-way;
appraisal of 80 farms in Pope County for United Power Association-Cooperative
Power Association.
�
AMEMBERSHIPS
Senior Residential Member of Society of Real Estate Appraisers since
1951; President St. Paul Chapter, 1968
President, St. Paul Board of Realtors, 1969, Member since 1955
Farm and Land Brokers NII�S, Commercial-Industrial I�,S, Twin City NII.S
Metro Confidential Data Exchange, a market data exchange
APPRAISAL TEACHING EXPERIENCE '
Instructor, Appraising Apartments, SREA course at Macalester College
Lecturer, Appraisal Principles, SREA course at Macalester College
Instructor, Introduction to Appraising, St. Paul Board of Realtors
Minn. License #4000402
�
Council File �
� ' �
Ordinance #
Green Sheet #` ��',��`�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA ��� I�
�
Presented By
Referred To Committee: Date
1 RESOLVED: That application (ID #78764) for a Dance or Rental Hall License by Raymond
2 Hessler DBA Smith Avenue Rental Hall (Raymond Hessler, owner) at 627 Smith
3 Avenue South be and the same is hereby approved with the following
4 conditions:
5
6 1. The Hall and the entire licensed premises must be closed by 12:00
7 midnight each day of the week, and no patrons, guests or member of the public
8 shall be on the licensed premises after the 12:00 midnight closing.
9
10 2. The licensee, Raymond Hessler, shall be responsible for making sure
il that patrons, guests and members of the public exiting the Hall do so in a
12 quiet and orderly fashion, so as to not disturb the adjacent neighbors.
13
14 3. The licensee, Raymond Heseler, ehall be responsible for inauring that
15 one or more security persons are on duty at all functions taking place at the
! 16 Hall. Said security shall remain until all patrons, guests and members of
� 17 the public have left the area, and shall insure that none leaving the Hall
18 loiters around or near the building.
19
20 4. The licensee, Raymond Hessler, shall provide a telephonic means to
21 contact both the licensee and the on-site manager at all times that the Hall
22 is being used. The numbers for contact are: on-site hall manager, 291-7167
23 and owner, Mr. Raymond Hessler, 228-1155, pager #908-1156, or the Rental Hall
24 �298-1411.
25
26 5. There shall be no parking in the alley immediately south of the
27 building, by anyone associated with the Hall. In addition, the City will
28 enforce the no parking ban for residents as well.
29
30 6. The licensee, Raymond Hessler, shall be responsible for clean-up of the
31 outside area immediately adjacent to the Hall, on a daily basis.
32
33 7. There shall be no sale of liquor or beer to anyone on the premises at
34 any time. The City will consider the collection of an entry fee or admission
35 charge or donation collected when alcohol ie being served or consumed on the
36 premiaes, and such sale will be deemed a violation of this condition.
37
38 8. There shall be no sale, consumption or possesaion of liquor or beer on
39 the part of minors (anyane under the age of 21 years) . The licensee, Raymond
40 Hessler, shall be respor�sible for adverse license action if a minor sells,
41 consumes or has in his/her possession any �alcoholic beverage on the premises.
42
43 9. No alcoholic beverages, including beer, apirits or wine, shall be
44 allowed to leave the Hall.
ns
� ■
_ In Re the License Application of
- Raymond Hessler ;
City's Exh. No. 8
�
� ���j �/
1 �' 10. The licensee, Raymond Hessler, ahall provide a list of all �entals o� a
2 monthly basis to both the Office of LIEP and the Central Team Commander of
3 the Saint Paul Police Department.
4
5 11. The licensee ehall provide a copy of this resolution to all partiea
6 renting the Hall and shall post a copy in a place visible to all patrons,
7 guests and members of the public.
8
9 12. Any violation of any of the foregoing conditions shall be grounde for
10 adverse action against all licensea held by the licensee, including
11 suspension and revocation. �
Yeas Nays Absent Requested by Department of:
B a ey
Guerin Office of License Insvections and
S Environmental Protection
Me ar -
Re ma
T une
Bostrom
By: c.�.� �. �
Adopted by Council: Date
Adoption Certified by Council Secretary
Form Approved by City Attorney
By. By: �// � � .
v
Approved by Mayor: Date
� Approved by Mayor for Submission to
By:
Council
By:
2
WEST SIDE ��D" � �-]
- . `7
SAFE
NEIGHBORHOOD
COUNCIL
209 W. PAC�E ST. ST. PAUL, MN 55107
(612) 298-9727 FAX: (612) 298-5796
Sep�ember 13, 1996
City� Council President Dave Thune
310 B City Hall _
15 �Nest Kellogg $oulevard
St. �Paul, MN 55102
Co�ncil President Thune:
At its September 3, 1996 board meeting, the West Side Safe Neighbor�ood Council
(WSSNC) discussed at some length the matter of the license application for the Smith Avenue
Rental Hall, 627 South Smith Avenue, by Raymond Hessler.
Of utmost concem is the nearby residents and business people who are affected by the
resu lts of short term rental of the hall. We are concerned about and want to support the long
ternc rental pf the hall by Harvest Fellowship and Elite Catering. Hvwever, the continuing
proi�lems, such as noise, litter, public urination, underage drinking, police calls and other
und:sirable problems associated with the short term rental of the hall have and continue to
affe�,t the qualiry of life, particularly on weekends, for the immediate property owners.
Additionally, Mr. Hessler, although he claims to have changed his practices, has in fact
den ed past problems and has given no substantive indications that his behavior and management
will change.
Based on this information, the WSSNC board voted to support denial of the license
appl.tc;ation to Mr. Hessler for the Smith Avenue Rental Hall. However, if, for some reason, Mr.
Hes;�ler is granted a license to operate the Smith Avenue Rental Hall, we will support the
app:ication only if the strictesi of conditions are imposed and adherence to tiiose conditions is
enfc�rced.
If you have any questions about this matter, please feel free to contact me.
Sin:erely,
_�� �.���
John Neess
Board Chairperson
222-4417
c: City Councilmember Janice Rettman
City Councilmember Mike Harris
City Councilmember Jerry Blakey
City Counciimember Roberta Megard
City Councilmember Dino Guerin
City Councilmember Dan Bostrom
West Side Citizens Organizatiun
Smith Dodd Business Association
�1 TN � � /
��- ���
ITEM 40
TO VIEW THE EXHIBITS, PLEASE SEE MARY ERICKSON OR
RACQUEL NAYLOR, 266-8560.
�
� OFFICE OF THE CITY ATTORNEY
Timorhy� Marx, City Anorney ��,� ���
� —
CITY OF SAINT PALTL Civil Division
Norm Coleman, Mayor 400 City Hall Telephone: 61?266-8710
15 West Kellogg Blvd Facsimile: 612 298-5619
Saint Paul, �nnesota 55102
i�
November 20, 1996
NOTICE OF COIINCIL HEARING
Mr. David Essling
Attorney and Counselor at Law
1217 West Seventh Street
Saint Paul, MN 55102
RE: License Application of Raymond Hessler d/b/a Smith Avenue
Rental Hall for the premises located at 627 Smith Avenue
South, St . Paul
License ID No. :78764
Our File No. : G96-0429 .
Dear Mr. Essling:
Please take notice that a hearing on the report of the
Administrative Law Judge concerning the above-mentioned license has
been scheduled for 4:30 p.m. , Wednesday, December 4, 1996, 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 argument 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 Judge and on the arguments made and
exceptions filed, but may depart from the recommendations of such
Judge as permitted by law in the exercise of its judgement and
discretion.
Sincerely,
1:/ �`'�-� � Q���
G� ,
Virginia D. Palmer
Assistant City Attorney
cc : Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Sandra Levine, Community Organizer, West Side Citizens
Organization, 625 Stryker Ave. , St . Paul, MN 55107
Sue Nipe, Director, West Side Safe Neighborhood Council, 209
W. Page St . ; St . Paul, MN 55107
,
, G�(�--C�`�°C
OAH No. 62-2111-10764-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
for the
CITY OF ST. PAUL
In the Matter of the License Application of:
Raymond Hessler FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
RECOMMENDATION
The above captioned matter came on for hearing before Richard A. Mosman,
Administrative Law Judge, acting as a hearing officer for the City of St. Paul, on
October 29, 1996, in the Ramsey County Courthouse, 15 West Kellogg Boulevard, St.
Paul, Minnesota. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West
Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of St.
Paul. David Essling, Esq., 1217 West Seventh Street, St. Paul, MN 55102, appeared
on behalf of Raymond Hessler.
The record in this proceeding closed on November 5, 1996, with the submission
of written arguments of counsel.
This report is a recommendation, not a final decision. The St. Paul City Council
will make the final decision after a review of the Record and may accept, reject, or
modify the Findings, Conclusions and Recommendations contained herein. Pursuant
to St. Paul Legislative Code, Section 310.05 (c-1), after receipt of this Report, the St.
��-(���
Paul City Council will provide an opportunity to present oral and/or written arguments
alleging error in this Report and to present arguments related to any recommended
adverse action.
STATEMENT OFISSUE
The issues in the case were two fold:
1. Whether the Applicant has engaged in or permitted a pattern or practice
of conduct or failed to comply with laws reasonably related to the licensed activity as
evidence of a lack of fitness or good character.
2. Whether the Applicant, in operating the proposed licensed premises,
maintains or permits conditions that unreasonably annoy, injure and endanger the
safety, health, morals, comfort or repose of a considerable number of inembers of the
public.
Based upon all of the proceedings herein, the Administrative Law Judge makes
the following:
FINDINGS OF FACT
1. Raymond Hessler, Applicant, is a business man who grew up on St.
Paul's "West Side" and who has become successful as a manufacturer's representative
and who owns and operates several business interests. He purchased the premises at
627 Smith Avenue, West St. Paul, from a Masonic Lodge in 1988, after the building had
sat empty and on the market for some time.
2. The Applicant operated the hall as a private club called the Highbridge
Sport Club, for a period of time and as a rental hall during a period when a dance/rental
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hall license was not required. In 1989, when the hall was being operated as a rental
hall, there was an incident in which arrests were made by the police during a raid on a
party held by a group who had rented the premises from the Applicant. (City Exhibit 4 -
7.)
3. The Applicant was not guilty of any criminal activity in connection with that
incident and the criminal convictions of the persons arrested in that matter where not
connected with the Applicant. (Page 41 and 42, Respondent's Exhibit.)
4. In connection with the settlement of civil litigation in 1991 to establish the
licensed premises as a public nuisance, the City of St. Paul stipulated with the
Applicant as follows:
"4. Hessler may use the property for hall rentals, for weddings,
receptions, dinners and similar purposes. To the extent that such
may now or in the future require a license, Hessler shall make due
and timely application for such licenses, but shall not continue
such uses after being denied or refused any such license or
licenses. The undersigned counsel for the City is not now aware of
any basis on which such license or licenses could be denied."
(Court File No. CO 90-10671, Stipulation, paragraph 4, page 53
and 54. Respondent's Exhibit.)
5. The City stipulated in 1994 that the arrests and/or convictions of any of
the individuals in the 1989 incident at the licensed premises are not a part of or
connected with the premises for purposes of establishing a public nuisance. ( Court
File No. CO-90-10671. Page 41 and 42, Respondent's Exhibits.)
6. The Applicant sold the licensed premises by contract for deed in 1994 to
the Camaroon Group, represented by Gregory C. Langason. The Camaroon Group
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operated the premises as a rental hall from early 1994, through the mid summer, 1996,
when Mr. Hessler canceled the contact for deed.
7. The Applicant had no business or financial connection or interest in or
with the Cameroon Group.
8. The St. Paul City Council passed an ordinance requiring dance/rental
halls to be licensed effective July, 1995. (Page 1 RespondenYs Exhibit)
9. The Cameroon Group submitted an application for a Dance/Rental Hall
License. While that license application was pending consideration, the Office of the
License Inspections and Environmental Protection (LIEP) by policy, allowed all
applicants, under the new license dance/rental hall ordinance, to continue to operate.
In the case of the Cameroon Group, LIEP attached 12 conditions to the provisional
license controlling the operation of the rental hall by the Cameroon Group.
10. After the Applicant canceled the contract for deed with the Cameroon
Group on the licensed premises, he submitted an application for the Dance/Rental Hall
License.
11. LIEP allowed the Applicant to continue to manage and operate the
licensed premises after he agreed to the same 12 conditions that had been previously
attached to the provisional license of the Cameroon Group. The Applicant agreed to
those conditions. (Page 39 and 40, Respondent's Exhibits)
12. On August 28, 1996, the St. Paul City Council considered both
applications for dance/rental hall license by the Cameroon Group and by Raymond
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Hessler. The application by the Cameroon Group was denied and the application by
Raymond Hessler was referred to an Administrative Law Judge for hearing.
13. The unwritten policy of LIEP is to allow Applicants to continue to operate
a licensed activity under an old license, pending consideration of a new license
application, provided there is a management agreement with the license holder.
14. LIEP advised the Applicant that he could continue to operate the rental
hall and could honor the contractual rental obligations entered into by the Cameroon
Group. As part of that agreement, the Applicant was obligated to provide to LIEP a list
of rental contracts and dates, Respondent provided the list of rentals for August and
September, 1996. (Page 36 to 38, Respondent's Exhibits)
15. LIEP notified Raymond Hessler on September 10, 1996, that "currently
there is no license to operate a rental/dance hall at 627 South Smith Avenue" and that
he would risk being cited if he continued to operate the premises as a dance/rental hall.
(City Exhibit 1).
16. The Cameroon Group entered into two long-term rentals, one with the
Harvest Fellowship Church, (Page 15 and 16, Respondent's Exhibits) and the other
with Elite Catering. The catering service has a lease term that runs to January, 1997.
(Page 22 to 27, Respondent's Exhibits). Both lessees wish to continue their leases
with the Applicant, Raymond Hessler.
17. The period that the Cameroon Group operated the hall was marked by a
lack of management and supervision. Little or no effort was exerted to control the use
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of alcohol on the premises or the noise or the activities of patrons in or around the hall.
For that period of time, the hall was often a source of irritation for the nearby residents.
18. At no time has the use of the hall by the long term lease tenants, the
Church or the Catering service, been objectionable to the neighbors living nearby.
They generally had no objection to the wedding and anniversary parties held at the hall
provided the hours of operation were controlled and the patrons' use of alcohol
monitored.
19. On September 30, 1996, Raymond Hessler was served a Notice of
Hearing scheduled for October 24, 1996 and advised that LIEP would be
recommending approval of the license with conditions. Even though they
recommended approval, LIEP indicated the grounds for their position was that
applicant had operated the premises in the past in a fashion that indicated he was "unfit
or not a good character and should not be granted a license." (City Exhibits 2 and 8)
20. On October 22, 1996, an employee of LIEP called the licensed premises
and inquired about the possibility of renting the hall for October 26th and 27th. She
was advised that the hall was available and told the terms of the contract, the price,
damage deposit and other conditions for renting the hall.
21. The Applicant's counsel was served on October 23, 1996 with a Notice
that LIEP would be recommending denial of the license application upon the grounds
that the hall had been offered for rent in violation of the letter sent by the director of
LIEP dated September 10, 1996. (City Exhibit 3)
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22. Since canceling the Contract for Deed with the Cameroon Group, the
Applicant has hired a manager to be present at all events taking place in the rental hall.
That manager supervises rental, decorating and clean-up on each event. The rental
contact provides, among other things, that no alcohol can be sold, that a uniform police
officer be present whenever alcoholic beverages are served on the premises and that
the premises be closed at midnight. (Page 12 and 13, Respondent's Exhibits).
Based upon the foregoing Findings of Facts, the Administrative Law Judge
makes the following:
CONCLUSIONS OF LAW
1. The St. Paul City Council and the Administrative Law Judge have
jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and § 310.05 (C-1) of the St.
Paul Legislative Code.
2. Section 310.05 (C) permits the Administrative Law Judge to hear "other
interested persons" and give them the opportunity to present testimony or otherwise
participate in the hearings, whether or not they have been granted the status of
intervenor.
3. Notice of hearing was in proper form and was validly served.
4. The Applicant, Raymond Hessler, has demonstrated that he is of good
moral character and has met the minimum qualifications for issuance of the Class 3
License for a Public Dance and Rental Hall in the City of St. Paul.
5. The Applicant had operated a dance/rental hall with documented approval
of the City prior to the passage of the ordinance now requiring licensure. Prior to 1991,
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there was nothing that would have disqualified him from qualifying for a license for a
dance/rental hall facility.
6. That since 1991 there have been no incidents that have indicated
Raymond Hessler was unfit or not of good character for purposes of holding a
Dance/Rental Hall License.
7. The City Council has the right to place reasonable conditions and/or
restrictions upon licenses issued. (St. Paul Legislative Code Section 310.06 (c))
8. The conditions initially required by LIEP for Applicant to operate the rental
hall during the application process were reasonable and were voluntarily agreed to by
the Applicant. (City Exhibit 8 and Respondent pg. 38 -39)
9. All issues regarding the incident in 1988 in which arrests were made at
the hall, were all resolved by litigation in favor of the Applicant and cannot be the basis
for adverse action against the Applicant at this time.
10. The issuance of a rental hall license to the Applicant at 627 Smith Avenue
South, St. Paul, will not unreasonably annoy, injure or endanger the safety, health,
morals, comfort or repose of any considerable number of inembers of the public, so
long as the conditions as provided in the LIEP's initial proposal are continued and
enforced. (City Exhibit 8)
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
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RECOMMENDATION
IT IS HEREBY RECOMMENDED, that the St. Paul City Council grant the
Dance/Rental Hall License application of Raymond Hessler, with the 12 conditions
contained in the City Exhbit 8.
Dated: /� / 1996.
Richard A. Mosman
Administrative Law dge
Reported: Tape
Notice: Under Minn. Stat. § 14.62S subd. 1, the �ty Council is respectfully requested
to provide a copy of its final decision to the Ad ' istrative Law Judge by first class mail.
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MEMORANDUM
LIEP's position in this hearing was that the applicant should be denied the
dance/rental hall license because of evidence of unfit character, in part because of the
1989 police incident or because he continued to operate the rental hall after the
September 10th letter from Robert Kessler, Director, LiEP. Their basis was not well-
founded.
Following the 1989 incident, the City and all parties involved had an adequate
opportunity to scrutinize, evaluate and litigate in two proceedings, Mr. Hessler's
involvement and position in connection with the events that took place at the hall. In
those two lawsuits, all of the issues related to Mr. Hessler's involvement were resolved
in that litigation in his favor. In the stipulation that settled one of the lawsuits in 1991,
the City agreed that there was nothing at that time that would have prevented Mr.
Hessler from obtaining a license to operate the dance/rental hall, had there been a
requirement for him to have one. There is no evidence that his fitness or character had
changed between the date of the stipulation in 1991 and his application for the
dance/rental hall license in 1996.
Mr. Hessler grew up on the west side of St. Paul and feels an affinity to the
community. He purchased the building at 627 Smith, restoring it to use after it had
been vacant for some time. During the period of his ownership, there was evidence
that he had gratuitously offered the hall for use by scouting organizations, church and
for charity functions. One witness testified that, without knowing her or her family, Mr.
Hessler offered the use of the hall for free for a fund raiser when her family had been
severely injured in an automobile collision.
. � a� -� ��9
Councilmember Thune testified that although Mr. Hessler was not managing the
building at the time, he went to the premises and cooperated with the councilman in
attempting to defuse a well-publicized confrontation that occurred when the Cameroon
Group rented the hall to a nazi group.
Those instances demonstrate Mr. Hessler's community consciousness, and
together with the use of the hall by the Festival Harvest Church and the catering
service creates a hall that has value to the community and the organizations utilizing it.
The demand for the use of the hall for wedding and anniversary parties indicates a
need in the community that the continued operation of the rental hall can fill.
The members of the neighborhood who testified had no objection to any of the
activities just mentioned. Their complaints were primarily related to alcohol use and
late-night hours that the Cameroon Group allowed during their tenure.
It is the belief of the ALJ that the 12 conditions originally imposed upon Mr.
Hessler's operation of the hall have proven to be effective. The hall, if properly
managed, can be a true asset to the west side community. Although those who live in
this neighborhood will never be able to escape fully the sounds and activity of the City,
it is believed that the rental hall at 627 Smith can be functional and operated without
adversely affecting those who chose to live in the west side community. To deny this
license under these circumstances would deprive the community of a hall, a church and
a catering service, all of which create activity that benefits the community and the
businesses surrounding it.
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The other basis urged as a reason for denying the license was that Mr. Hessler
disobeyed LIEP's instructions regarding operation of the rental hall after September 10,
1996. The testimony was somewhat conflicted on the issue of what LIEP told Mr.
Hessler regarding the extent to which he could operate the rental hall pending the
application process. It is clear that LIEP had a policy of allowing a new applicant to
continue to operate a licensed activity under a management agreement with an existing
selling license holder.
In July, 1996, Mr. Hessler agreed to the 12 conditions LIEP proposed in
connection with his operation of the hall after the Cameroon Group left. It is clear that
both parties understood that the hall would continue to operate under those conditions
during the application process. LIEP understood that Mr. Hessler would be operating
the hall under conditions even though the Cameroon Group had not been granted a
license.
The problem is to determine the extent of the operation of the rental hall that had
been granted administratively to Mr. Hessler. No documents evidence the agreement
other than the license conditions LIEP proposed and to which the applicant agreed.
Those clearly indicate an understanding that the hall would continue to host rental
groups. At least at the beginning, there was no clear evidence on what, if any,
restrictions beyond the documented operating conditions were agreed to or imposed
regarding Mr. Hessler's operations of the hall; certainly no evidence of any restrictions
that would amount to a preponderance of the evidence.
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The letter of September 10 states only the obvious, that the applicant did not
have a license. It did not address the issue of the long-term leases or the prior rental
contracts of the Cameroon Group. The letter offered no explanation to resolve the
conflict between the September 10 letter and the prior understanding between LIEP
and Mr. Hessler. There was room for misunderstanding at the least as to the status of
the long-term lease tenants.
The testimony indicated that Mr. Hessler travels a great deal and that he did not
always closely track correspondence related to this matter. The responsibility for day-
to-day operation falls on Katie Hessler, his wife, who is also quite busy, and Karen
Mischler, hall manager, upon whom she relies heavily. A busy schedule does not
excuse a failure to deal with or to responsibly monitor activities at the rental hall. This
is particularly true when the applicant has had a rich litigation history with the City over
the activities of the hall and during the time his application is pending. If he cannot
dedicate sufficient time to manage this hall as a well-run business, he should consider
lightening the demands on his time.
Mr. Hessler had operated the premises as a rental hall and private club prior to
selling it to the Cameroon Group in 1994. The nature and character of the operation of
the hall did not change when he took back the possession of the premises in 1996.
The historic character of the hall and sanctioned continuation of its use for rental
purposes justified Mr. Hessler's reasonable expectation that his application for a
license would be granted.
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Although there is no "grandfather clause" which permits continued operation of
rental halls which were in existence prior to the passage of the ordinance, LIEP had, as
a matter of policy, allowed the continued operation of rental halls during the period the
applications were pending approval. The Minnesota Supreme Court has held that
persons seeking renewal of their liquor license do have a "reasonable expectation of
the continuing receipt of the benefit conferred by a license" as a result of their
investment and because they have a reasonable expectation of the continuing receipt
of the benefit conferred by a license. Tamarac Inn. Inc. vs. Citv of Lonq Lake, 310
N.W.2nd 474 (Minn. 1981). In Tamarac, the city council had refused to renew the
license of the Inn due to a new zoning law and for alleged liquor ordinance violations
that were no more serious than others in the City. The Minnesota Supreme Court held
that the city council's action in denying the renewal was arbitrary and capricious.
Mr. Hessler has a significant investment in the premises and there is no
evidence that he is not of good character and should not have been allowed the
administrative authorization to continue to operate the rental hall beyond September
10, 1996. Although there is not an official grandfather clause in the case at bar, the
rationale of the Tamarac case does apply. Mr. Hessler had a property interest and a
reasonable expectation that his license would be granted. Whether he simply
continued the contractual obligations of the Cameroon Group or entered into new rental
contracts is irrelevant to this case.
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The City has not proven Mr. Hessler to be of unfit character or that he violated
any reasonable conditions or regulations in connection with the operation of his rental
hall. The license should be granted.
RAM
vault/ram/heslrmem.doc/jh
6