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96-1580 � Council File # ��U Green Sheet # �U�� RESOLUTION TY O SAINT PAUL, MINNESOTA �� 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 a contested case hearing relating to the license application of 7 Cameroon Group LLC, d/b/a Smith Avenue Rental Hall, 627 South Smith Avenue, Saint 8 Paul, Minnesota for a Class III Dance/Rental Hall License; and 9 10 WHEREAS, an administrative hearing was held before Administrative Law Judge 11 Phyllis A. Reha on May 10 and May 24, 1996, with Albert Isiaka Usumanu, Esq., appearing 12 on behalf of the license applicant Gregory Langason, Manager and Shareholder of Cameroon 13 Group, and Virginia D. Palmer, Esq., appearing on behalf of the Office of LIEP; and 14 15 WHEREAS, oral testimony and documents were submitted into the record at the time 16 of the hearing and the matter was then taken under advisement; and 17 18 WHEREAS, the Administrative Law Judge submitted her Findings of Fact, 19 Conclusions of Law and Recommendation to the Council of the City of Saint Paul on July 25, 20 1996, and recommended a forty-two day suspension of the applicant's license; and 21 22 WHEREAS, a public hearing was held on August 28, 1996 to consider the 23 Recommendation; and 24 25 WHEREAS, the attorney for the Office of LIEP filed and served 26 written Exceptions to the Findings of Fact, Conclusions of Law and Recommendation of the 27 Administrative Law Judge; and 28 29 WHEREAS, the attorney for the license applicant appeared at the public hearing on 30 August 28, 1996 and presented testimony on the recommendation; now, therefore, be it 31 32 RESOLVED, that the Council of the City of Saint Paul, after due deliberation based 33 upon all of the evidence contained in the files, records and proceedings herein, including the 34 documents and exhibits submitted to the Administrative Law Judge, the Findings of Fact, 35 Conclusions of Law and Recommendation of the Administrative Law Judge, the Written 36 Exceptions of the attorney for the Office of LIEP and the argument of counsel at the public 37 hearing, and the deliberations of the Council in open session on August 28, 1996, does hereby 38 deny the application for a Class III Dance/Rental Hall license by the Cameroon Group, LLC, 39 d!b/a Smith Avenue Rental Hall; and be it 40 41 FURTHER RESOLVED, that the Findings of Fact and Conclusions of Law contained 42 in the ALJ Report in this case, dated July 25, 1996, are expressly ratified and adopted as the 43 written findings and conclusions of the Saint Paul City Council, except as modified below. 1 The reasoning of the Memorandum of the ALJ attached to the findings and conclusions is no� �� 2 adopted. The recommendation of the ALJ as to the appropriate adverse action is also not 3 accepted. 4 5 FURTHER RESOLVED, that the following amendments to the ALJ Report are hereby 6 adopted: 7 8 1. Finding of Fact No. 30 is hereby amended to read as follows: 9 10 "30. The Applicant concedes that there have been problems in the past, which 11 he alle e� s are primarily due to the consumption of alcohol by party goers. It is 12 the Applicant's intent to make the Rental Hall an alcohol free establishment 13 beginning in 1997. The Applicant believes he must honor the contracts that he 14 has already entered into for 1996. Mr. Langason indicates that he has made 15 good faith attempts to have those renting the facility to abide by the conditions 16 which he has voluntarily agreed to."; 17 18 2. A new Finding of Fact No. 31 is hereby adopted to read as follows: 19 "31. The attempt made b t�he Applicant to have renters of the facility abide by 20 the conditions have been inadequate to deal with the on��problems there." 21 22 3. Conclusion of Law No. 5 is hereby amended to read as follows: 23 24 "5. The Applicant�g operated a dance/rental hall prior to the passage of 25 the ordinance now requiring licensure ' . The 26 St. Paul City Council acted properly by allowing the Applicant to continue 27 operating the Rental Hall pending consideration of its license application, and it 28 acted properly when it placed conditions upon its continued operation. 29 30 4. Conclusion of Law No. 6 is hereby amended to read as follows: 31 32 "6. The City council may consider adverse action, including the revocation or 33 suspension of the Applicant's license, the imposition of�� conditions 34 upon t�a� a license, the denial of an a�plication for the �rant, issuance or 35 renewal of a license, and the imposition of fines and costs consistent with St. 36 Paul Legislative Code §310.05. 37 38 5. Conclusion of Law No. 14 is hereby amended to read as follows: 39 40 "14. The �� grant of the rental hall license to the Applicant at 627 Smith 41 Avenue South in the City of St. Paul will � unreasonably annoy, � injure 42 or endanger the safety, health, morals, comfort, or repose of any considerable 43 number of inembers of the public se-�e�s- unless the conditions as provided 44 in the January 31, 1996 resolution of the City Council are continued and 45 enforced. 46 47 48 6. Conclusion of Law No. 15 is hereby amended to read as follows: 49 50 "15. , 51 . The Applicant 52 has not been able to effectivelv enforce the conditions on the license to which Q�—��sc� 1 he a�reed and which were desi neg d to prevent on��problems the operation 2 of the Hall caused to the comfort and repose of the neighborhood surrounding 3 627 South Smith Avenue. 4 5 7. A new Conclusion of Law No. 16 is hereby adopted to read as follows: 6 7 "16. As a conseauence of Conclusions 5 through 15, it is appropriate to denv 8 the license application of the Cameroon Groun, LLC, d/b/a Smith Avenue 9 Rental Hall. 10 11 12 13 A copy of this Resolution, as adopted, shall be sent by first class mail to the 14 Administrative Law Judge, and to the applicant's attorney, Albert Usumanu. 15 16 Yeas Navs Absent Requested by Department of: a e � os trom .�- Harris r uerin v e ar -� Re tman r une ✓ BY� Form Approved by City Attorn�y Adopted by il: t / �!G .�' Adop 'on Certified by C �il Secretary B�,. :�/., � --� / (, By� � Approved by Mayor for Submission to /;i Council Approved b Mayor: Date � �t� By: �� r��J',(�, BY: ��J �i, -\��O DFP�Rl1ENTlOFFICE/COUNCIL DATE INITIATED �� Robert Kessler GREEN SHEET CONTACT PERSON 3 PHONE INITIAI/DATE INITIAUDATE �DEPARTMENT DIRECTOR �CITY COUNCIL LIEP AS81(iN �CITYATTORNEY �CITYCLERK NUMBER FOR MUST BE ON COUNCIL AQENDA BY(DATE) ROUTING �BUDGET DIRECTOR �FIN.8 MpT.SERVICE3 pIR. ORDEA MAYOR(OR A3SI3TAN'n December 26, 1996 � ❑ TOTAL#OF SIGNATURE PAGES (CLiP ALL LOCATIONS FOR SIGNATURE) ACTION REOUESTED: Finalizing Council action taken on August 28, 1996 denying the application for a license by the Cameroon Group, LLC, dba Smith Avenue Rental Hall, 627 Smith Avenue South. RECOMMENOATIONS:Approve(A)or ReJect(R) PERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUE8TIONS: _PUINNINO COMMISSIQN _ CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a coMra6t for this depertment? T.ae coMMirree _ ves No ,_„_$TAFF 2. Has this person/Nrm ever been a city employee? � — YES 'NO _„_DISTRICT COURT _ 3. Does this erson/firm p possess a skill not normally poasessed by any current city employee? 8UPPORTS WHICH COUNCIL OBJECTIVET YES NO Explaln ell yss anawers on ssparat�shest and sttach to presn�hest INRIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,Whet,When,Where,Why): �..i- ADVANTA(iE3 IF APPROVED: DISADVANTACiES IF APPROVEp: DISADVANTA(iES IF NOT APPROVED: �s. L-, y� ,, g� a� �e�`��,P" �P.tq.id�+ e S ,,., '.�?�Ii �J'i:lia�i;.,l L�l, 11 f��6 TOTAI AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDIWO SOURCE ACTIVITY NUMBER FINANCIAL INFORFlATION:(EXPLAIN) ROUTING ORDER: Below are correct routings for the five most frequent types of documents: CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION(Amend Budpets/Accept.(3renfs) 1. Outside Agency 1. Department Director 2. Department Director 2. Budget Director 3. Ciry Attomey 3. City Attomey 4. Mayor(for contracts over$25,000) 4. MayodAssistant 5. Human Rights(for contracts over$50,000) 5. Ciry Councl 6. Finance and Management Services Director 6. Chief Accountant,Finanoe and Management Servioes 7. Finance Acxounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION(all otMro,end Ordinances) 1. Activiry Manager t. Depertmant Director 2. Department Accountent 2. City Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTAATIVE ORDERS jall others) t. Department Director 2. City Attomey 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#�of pagea on which signatures are required and pepsrclip or flap ssch of these payes. ACTION REQUESTED Describe what the projecUrequest seeks to accomp8sh in either chronologi- cal order or order of importance,whichever is most appropriate for the issue.Do not write complete sentences.Begin each item in your list with a verb. AECOMMENDATIONS Complete if the issue in question has been presented betore any body,public or private. SUPPORTS WHICH COUNC{L OBJECTIVET Indicate which Council objective(s)your pro�ect/request supports by listing the key word(s)(HOUSING,RECREATION, NEIGHBORHQODS, ECONOMIC DEVELOPMENT, BUDGET,SEWER SEPARATION).(SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This in(ormation will be used to determine the ciry�s liabiliry for workers compensation claims,taxes and proper civil serv�e hiri�g rules. INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditfons that created a need tor your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens wili bene(it(rom this projecVaction. DISADVANTAGES IF APPROVED What negative eHects or major changes to existing or past prxesses might this projecUrequest produce if it is passed(e.g.,traffic delays,noise, tex increases or assessments)�To Whom?When?For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences it the promised action is�ot approved?Inability to deliver service4 Continued high traHic,noise, accide�t rate?Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions:How much is it going to cost4 Who is going to pay� OFFICE OF THE CITY ATTORNEY Timothy E. Marx, Ciry A1lorney �� 1580 � CITY OF SAINT PALTL CIVlI DlVISIOq Norm Coleman, il9ayor 400 City Hall Telephone: 6l1 266-8710 I S West Kellogg Bbd. Focsrmile: 612198-5619 Saint Paul, Minnesom 55102 �r August 7, 1996 NOTICE OF COUNCIL HEARING Albert Isiaka Usumanu Attorney at Law 4018 West 65th Street, Suite 111 Edina, Minnesota 55435 Re : License Application of Cameroon Group, LLC d/b/a Smith Avenue Rental Hall Dear Mr. Usumanu: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license application has been scheduled for 4 :30 p.m. , Wednesday, August 28, 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, �J� �u-�_ �t� (/ \ �� 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 • - OFFICE OF THE CITY ATTORNEY Timothy E. Marx, City Attorney /� � ►5 CITY OF SAINT PAUL Civil Division Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710 I S West Kellogg Blvd. Facsimrle: 612 298-5619 Saint Paul, Minnesota 55102 � August 6, 1996 Ms. Nancy Anderson Secretary to the City Council 310 City Hall 15 W. Kellogg Boulevard Saint Paul, MN 55102 RE: License Application of Cameroon Group, LLC d/b/a Smith Avenue Rental Hall Council Hearing - August 28, 1996 Dear Ms. Anderson: Enclosed for filing, and for inclusion in the agenda materials furnished to the Council in connection with the hearing on the above matter, are the Written Exceptions of the license office to the ALJ' s report . Sincerely, �/ � �� Vir iniG�Palmer g Assistant City Attorney cc : Bob Kessler, Director of LIEP Albert Isiaka Usumanu 4018 W. 65th Street, #111 Edina, N!N 55435 Attorney for the Licensee � �� STATE OF MINNESOTA OFFICE OF ADMINISTR.ATIVE HEARINGS FOR THE CITY OF SAINT PAUL Case No. 9-210110386-3 In the Matter of the License Application of Cameroon Group, LLC d/b/a Smith Avenue WRITTEN Rental Hall EXCEPTIONS I. Recommendation of the ALJ The ALJ has recommended that the City Council suspend the dance/rental hall license of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall for a period of forty-two calendar days. The basis for the ALJ recommendation is that 1) the Applicant, Gregory Langason, has demonstrated that he is of good moral character and has met the minimum qualifications for issuance of a Class III license for a public dance or rental hall in the city of Saint Paul; 2) that the Applicant, having operated a dance/rental hall prior to the passage of the ordinance which requires license is not a new applicant, but is seeking renewal of his license; and 3) that the renewal of the rental hall license 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 January 31, 1996 resolution of the City council are continued and enforced. II. LIEP Position The Office of License, Inspections and Environmental Protection (LIEP) believes that the evidence in the record supports a recommendation of denial of the license application of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall to operate a rental hall at 627 South Smith Avenue. The City Council is requested to adopt the amended or new Findings of Fact and Conclusions attached hereto, and to deny the license application. III. Issues A. Has the Applicant violated the conditions of a "provisional license" to operate a dance/rental hall at 726 South Smith Avenue ��15� by failinct to comply with the conditions set forth in the City Council resolution of January 31, 1996? The ALJ erroneously found that this proceeding was akin to a renewal of a license because of the fact that Gregory Langason was permitted to continue operating his existing dance/rental hall at 627 South Smith between the time that a new ordinance was passed requiring such businesses to be licensed and the action taken on his license application. Nonetheless, the ALJ also found "that there were clear violations of the license conditions" which had been set for the continued operation of his business both by LIEP and by City Council . Licensee violated the conditions on three occasions between December 31, 1995 and March 2, 1996, resulting in the sale of alcohol on the premises, being open after midnight, and failing to ensure the quiet and orderly exit of patrons from the Hall premises . These violations should be determined to be sufficient to deny the license application because they indicate the inability of the Applicant to operate the business in an orderly manner which will not disturb the comfort and repose of the neighborhood. The Applicant in this instance was operating the premises at 627 South Smith as a dance/rental hall prior to the passage of the ordinance which required such activities to be licensed. This does not prevent the City from enacting an ordinance which regulates such activity. " [A] n ordinance which validly prohibits a certain business, activity or building, the prohibition being within the police power of the city, can by its terms be made to operate retroactively with respect to outstanding licenses or permits where vested rights are not involved. " Silco Automatic Vending Co. v. Puma, 251 A.2d 147, 158 (N.J. 1969) Although the ALJ asserts that the Applicant has a property interest in the issuance and renewal of a rental hall license, the Minnesota Supreme Court has said that a "City Council is vested with broad discretion in determining whether or not to issue or renew a liquor license. " Country Liquor v. City Council of City of Minneagolis, 264 N.W.2d 821 (Minn. 1978) . The case of Tamarac Inn, Inc. v. City of Long Lake, 310 N.W.2d 474 (Minn. 1981) , cited by the ALJ, acknowledges the discretionary authority of the city council in a decision not to renew a license . In that instance, the court found that the council had been "arbitrary and capricious" in using some minor liquor violations as a means to dispossess a use recently made non- conforming by a zoning change . Unlike the Tamarac case, there is substantial evidence in the record that the Applicant is not an appropriate person to have a license because of the manner in which the business has been operated. A decision to deny the license would be supported by the evidence, and not arbitrary or capricious . See, Ukkonen v. Gustafson, 244 N.W. 2d 142 (Minn. 1976) . The ALJ report indicates (Report page 11) that adverse action is appropriate for the violations of the conditions, and recommends a seven-day suspension for each violation of the conditions and the costs of the contested case hearing. Where, as here, there has ��O'(��b been no license to operate the business, and the Applicant is unable to meet the conditions deemed necessary to protect the concerns of the neighborhood while awaiting a decision on his application, the proposed adverse action is not sufficiently severe. The Applicant was fully on notice that the manner in which the Hall was being operated was disturbing the neighbors. He first met with LIEP and agreed to conditions to be in place while the license was being processed. There were violations of these conditions within less than a month when the police and LIEP staff responded to problems at the building on December 31, 1995 . On January 31, 1996, Applicant agreed in front of City Council to abide by conditions that were made a part of the resolution sending the application to a contested case hearing. Applicant violated those conditions within a matter of four days, with the February 3 , 1996 rental, and again on March 2, 1996 . In Conclusion #14 the ALJ has stated that renewal of the rental hall license will not be a violation of Saint Paul Legislative Code §310 . 06 (b) (8) "so long as the conditions as provided in the January 31, 1996 resolution of the City Council are continued and enforced. " The City has demonstrated that the Applicant either cannot or will not abide by conditions to prevent problems at the Hall; he has not done so in the past, when he understood that approval of his license depended upon it, and there is nothing in the record to show that he can or will abide by conditions in the future. Therefore, it is appropriate to deny his application for a license, or, in the alternative, to revoke his "provisional license" and refuse to renew his application. B. Has the Applicant maintained or permitted conditions in the operation of the dance/rental hall at 627 South Smith Avenue which unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public in violation of Saint Paul Leaislative Code §310 . 06 (b) (8) ? The ALJ erroneously ruled in the negative. (See ALJ Report page 12) . The Administrative Law Judge found that the City did not show "that the Applicant has permitted conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public. " This finding is contrary to the evidence presented throughout the hearing that Mr. Langason' s operation of the establishment at 627 South Smith Avenue was an unreasonable disruption of the peace, comfort and repose of the neighborhood, which initially led to conditions being placed on the operation of the establishment . Prior to the license application being processed, neighbors _ q� - 1580 had complained to City officials regarding noise, litter, parking and after-hours drinking at the Hall [Finding #7l , which had resulted in neighbors being kept awake, having problems with parking, having to clean up litter in their yards from parties at the Hall and being generally unable to fully enjoy their homes and neighborhood. The West Side Safe Neighborhood Council wrote a letter in opposition to the granting of the license [Finding #27, City Exh. #3] which was based upon the neighborhood' s opposition to the establishment because it was a source of noise, traffic problems, public drinking and litter. The letter states that "residents around the hall have been regularly affected by late weekend night disturbances at the hall . " [Exh. #3] . Conditions were established which were designed to address the concerns voiced by neighbors until the license application could be process . On December 4, 1995 LIEP discussed the conditions with Mr. Langason, who signed them. [Finding #7] The City presented testimony of police, neighbors and LIEP staff that the conditions were violated on December 31, 1995 in that liquor was sold and the Hall was not closed by midnight, that the conditions were violated on March 2, 1996 in that alcohol was sold on the premises, that the conditions were violated on February 3, 1996 that alcohol was sold on the premises, the Hall was not closed by midnight and the licensee did not ensure that the patron, guests and members of the public exit in a quiet and orderly fashion. The Administrative Law Judge concluded that each of these violations occurred. [Conclusions #8, #9, #10, #11, #12 and #13] . The City further established that on December 31, 1995 that the neither the onsite manager responsible for the operation of the Hall or the renter had any notice of the conditions established for the Hall . On the occasion of the March 2, 1996 fundraiser, the renter testified that there were no violations of the conditions, despite police reports that there was a cover charge for all the alcohol you could drink. Mr. Langason himself testified that he could not be sure what the conditions surrounding the serving of alcohol were. Under these facts, it is difficult to see how Mr. Langason could effectively enforce the conditions set, and in fact the testimony presented at the hearing supports a conclusion that he was not able to do so, nor was there any management on the premises to do so. Summarv The facts support a determination that the manner in which Gregory Langason operated the Smith Avenue Rental Hall was such that it unreasonably annoyed, injured or endangered the safety, health, morals, comfort or repose of any considerable number of members of the public, and that even the imposition of specific conditions designed to alleviate the problems to the neighborhood were unsuccessful in dealing with the noise, serving of alcohol, traffic, litter, after-hours operation and disruption to the +J i�7�j� "C. neighbors, because of repeated violations of the conditions. This behavior constitutes a violation of Saint Paul Legislative Code §310 . 06 . (b) (8) , and justifies denial of the license application. Dated this 5th day of August, 1996 . (/ � � Virgi a D. Palmer Assistant City Attorney 400 City Hall 15 W. Kellogg Boulevard Saint Paul, MN 55102 (612) 266-8710 Attorney for LIEP _ . Ca-�� °1 PROPOSED AMENDED FINDINGS OF FACT AND CONCLUSIONS FINDINGS OF FACT: 30 . The Applicant concedes that there have been problems in the ...................................................................................... past::>':::>:`s:`:��i�:�"��<:::::::�::.::<:>::::�i::::::��'`''��:�'�::�`;"::`:�'.: rimaril due to the consum tion of ;�:.;:.;:.:;.:.;;>:.;:.;:.;:�:.;:.;:.;:.;:.;:.;:.�.::.::.::.:.::��,�.'.:.;:.;�.;:.;:;�:.;:.;:� P Y P alco�o��y��party��goers�: Tt��is the Applicant' s intent to make the Rental Hall an alcohol free establishment beginning in 1997. The Applicant believes he must honor the contracts that he has already entered into for 1996 . Mr. Langason indicates that he has made good faith attempts to have those renting the facility to abide by the conditions which he has voluntarily agreed to. ............................................................................................................................................................................................................................... ....:::::.::.;:.::::.:..:.:...::::.;�::.;�:::��.;::::.;:.;:.;:::.:.... :.:.::::.::::::.�. ...:.:. . .:............................................. ............... ........ ... . ... . : . . .. .. .. 31 . ° :::::>:::tt�" '»>::>��;�'.:::::::>:•°`��`�:»::> ��:�.':�.::::<:.�::';:' :.:::':�>:::::::�.<.:;:::::;::'::.:..�.......,.::.,.:..:..:.;..::.;..::�'��:'�<€::<::::•::..:;::»::;;::��: �':��:::;:::;��:�'�t�:�;�:.�.........�:�:�.....7�: ......�...£,�........ .. ..��.�.�1t�.�:....:��....:�....�:.:..�:'��.��.....c��....:��.�.�. ::::::::::::.:::::::::::::::.�:.:.��:::::::::::::::::::::::::::::::.::�:�.:::::::::::::::::::.��::::::::::::::::::::.�.:�::.:�:::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.�:::::::::::::::. �:a': iiiiii?i:4}:'.i}Y.i'Xiti^iiiiiii::•iiiX•ii:'•:Q:�ii:iiiiiiiiii'ii:v.iiiiiiiiiiiiiiiiiii:.i i:b:�::ii:��ii:.i:.ii}iiiiiiii'•iiiiiiiiiiiiiiii:iiiii:iiiiiiiiii:i)iiiiiiiiii: n}i:^::iiiiiii::••iiiiiiiii'}iiiiiiii}i i:Jii:iti:}i}iiiii}i�i:+ii'?i ;.>: ��€:>�:::�:�::.�.::::::::a��:��:::::>>.:.�:::>::::��:�:::::::�:�n�:�::::�:�::ca�a�:::::::�:�:��:::::::�e:�n:::::::�:zx�x��:�:.��:�:�:::>:::�:a::>::�:��:�:::>:>�a:�;::�� ::::::::::::::::::.�::::::::::::.:::::::::::::�:::::.:::::::::::::::.::.�::::::.�:::::::::::::::::::::::::::::.::::::::.::::::::::::::.�:::::.::::.::._:::::::.::�.::::::::::::.::::::::::::::::::::::::::::.:�::::::::::::::. :>:.:�»:>:::::>:::>:::.::::>::>.::::>�:>�:::::::�:.<:�::>:::::>�:>�:>::<::«:,::::.:::>:.:::::�<:><>::»>::::::::.::::.�::::::::::.:::::::::::::::.:::::::.::::::.�:::::::::.:::::::::::::.::.::::.::::::::::.::.:::::::::::::::::::.:::::::::::::.�. :�:��:»>'��:�:�:�:�: :::::>:��::��:�:;:��::::::<��::::::: .......................�........::.�...�....................:..............:....:............ CONCLUSIONS OF LAW 5 . The Applicant� operated a dance/rental hall prior to the passage of the ordinance now requiring licensure i-s ��` � ��: �p��rc-�x�rt�e~- ' � ��~�••~� . The St . Paul City Council acted properly by allowing the Applicant to continue operating the Rental Hall pending consideration of its license application, and it acted properly when it placed condition upon its continued operation. 6 . The City Council may consider adverse action, including the revocation or suspension of the Applicant' s license, the impos.it.ion i: .-: ,..�,.,� �>::»:::>�x::;;:>. ::::<.;:.;�::.;� ;:.;::::;::::.: of a�� conditions u on �� license;:�::::::::::t�::>::::;d:�:�;:�a;�::::::;::;?��::::::;:::� P ........................................................................ ��<,;,::�::.��;��`�::::::�::��::::>:>�;:�::�'.:>::>`:::>:::';:':::;;�;::.>:::::''�:�`'<:"�`':`>'�»»:::� �::�;:..�u:;::;':::::`:��:�<::::';`�?�::::>::�� '��:�i:::�:::::::::::�: :::::>:::�;:::<:::>��::°�:::':.::,::;:::<::<::>�:>::::;::::::<.;�.:_.arid :��: ..�.....��.........x�.....��'....��:�..... �'��.......,��........��.....c'�............��t�t............�,........�....�:.....�..�,.��... :::..��.:::::::::::::::::::::::.:�::::::.::::::::::.::::::::::::::::::::�'::::::::::::::::t.:::::::::::::::::::::::::::::::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::::._.t.. :.::.:............,....:...::::::::::.�:::::..�::::::::::::::::::::. ,....:.............::::::.:::: :...:...::::::..�:::::::.....::::.:..........:......... .... ....... ... . t�ie��imposition o � �� iries �� an �� costs ��consisten��wi�� St�:�� Paul Legislative Code §310 . 05 . ................ 14 . 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STATE OF MINNESOTA �i_ _ � �Qo ; ��un�"••. ��`� ��'-GI� OFFICE OF ADMINISTRATIVE HEARINGS �U t� 100 Washington Square, Suite 1700 100 Washington Avenue South `�i':• .r. Minneapolis, Minnesota 55401-2138 RECEIVEC� .luly 25, 1996 JUL 2 9 1996 CITY CLERK Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 RE: In the Matter of the License Application of Cameroon Group LLC d/b/a Smith Avenue Rental Hall; OAH Docket No. 9-2101-10386-3. Dear Mr. Owusu: Enclosed and served upon you is the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitled matter. Also enclosed is the official record , with the exception of the tape recording of the hearing. If you would like a copy of those tapes, please contact our office in writing or telephone 341-7642. Our file in this matter is now being closed. Sincerely, � � �- �--Q-¢- ��'`� : � PHYLLIS A. REHA Administrative Law Judge Telephone: 612/341-7602 PAR:Ic enclosure cc: Virginia D. Palmer Albert Isiaka Usumanu 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 �� RECEIVED JUL 2 9 1996 STATE OF MINNESOTA) CITY CLERK ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Louise C. Cooper, being first duly sworn, hereby deposes and says that on the 2�tb. of ,l�11�[, 1996, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION; OAH Docket No. 9-2101-10386-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk Virginia D. Palmer 170 City Hall Assistant City Attorney 15 West Kellogg Boulevard Civil Division St. Paul, Minnesota 55102 400 City Hall 15 West Kellogg Blvd. Albert Isiaka Usumanu St. Paul, Minnesota 55102 Attorney at Law 4018 West 65th Street, Suite 111 Edina, Minnesota 55435 �l�a.�- � _ �a,o�...� Louise C. Cooper Subscribed and swom to before me this 25th day of,l�JX, 1996 G� ' r�� ` -r, Notary Public U►VON REGAN � NOTAflY PUBUC-MINNESOT� N�IEPIN COUNTY I�r ponn�.F.�pns.lan.a�.2000� S q(� �l 5g0 9-2101-10386-3 STATE OF MINNESOTA RECEIVED OFFICE OF ADMINISTRATIVE HEARINGS JUL 2 9 1996 FOR THE CITY OF ST. PAUL CITY CLERK In the Matter of the License Application of FINDINGS OF FACT., Cameroon Group LLC d/b/a Smith CONCLUSIONS AND Avenue Rental Hall RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge Phyllis A. Reha, acting as a hearing officer for the City of St. Paul on � May 10, 1996 at 1504 City Hall Annex, 25 West Fourth Street, St. Paul, Minnesota, and on May 24, 1996 in Room 41, Ramsey County Courthouse, 15 West Kellogg Boulevard, St. Paul, Minnesota. Virginia D. Palmer, Assistant City Attorney, Civil Division, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, appeared on behalf of City of St. Paul. Albert Isiaka Usumanu, Attorney at Law, 4018 West 65th Street, Suite 111, Edina, MN 55435 appeared on behalf of Cameroon Group LLC d/b/a Smith Avenue Rental Hall and Gregory Langason, its Manager and shareholder. The record of this proceeding closed on June 17, 1996, the last for the receipt of reply briefs. This report is a recommendation, not a final recommendation. The St. Paul City Council will make the final decision after a review of the record, which may accept, reject or modify the Findings, Conclusions and Recommendations contained herein. Pursuant to 310.05 (c-1) of the St. Paul Legislative Code, after receipt of this report, the St. Paul City Council will provide an opportunity to present oral or written arguments alleging error in this report and to present argument related to any recommended adverse action. STATEMENT OF ISSUES The issues in this proceeding are two-fold: 1. Whether the Applicant violated the conditions of his provisional license to operate a dance/rental hall at 926 South Smith Street in St. Paul, Minnesota by failing to comply with any of the conditions set forth in the resolution granting a provisional license; and, if so, whether the City Council can take adverse action as set forth in section 310.06 (a) and (b). t �.C�' C�� 2. Whether the Applicant has maintained or permitted conditions in the operation of the dance/rental hall business at 926 South Smith Street in St. Paul, Minnesota such that it unreasonably annoyed, injured or endangered the safety, health, morals, comfort or repose of any considerable number of members of the public in violation of St. Paul Legislative Codes Section 310.06 (b) (8); and if so, the appropriate sanction to be imposed for the violations established. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Gregory Langason is a permanent resident alien and a native of Cameroon, Africa. He resides at 4515 Fourth Avenue South, Minneapolis, Minnesota. Mr. Langason is manager and shareholder of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall. Mr. Langason (hereinafter "Applicant") has been renting the Smith Avenue Rental Hall (hereinafter "the Rental Hall") for approximately two years. Prior to that he was a client renting halls from others. 2. The Applicant rents out the Rental Hall for fund-raisers, weddings, religious meetings and private parties. He enters into written contracts with clients or groups wishing to rent the premises for such events. 3. In July of 1995, the City of St. Paul adopted a new ordinance which regulated, for the first time, dance and rental halls. On July 26, 1995, the City Council adopted Section 405 of the St. Paul Legislative Code relating to dance or rental halls. It provided that no person shall operate a public dance or rental hall in St. Paul without a license. 4. In October of 1995, the St. Paul Office of License, Inspections and Environmental Protection (hereinafter "LIEP") notified the Applicant of the Ordinance now requiring licensure of dance/rental halls. On or about October 16, 1995, Applicant submitted to LIEP a license application for a Class III dance/rental hall pursuant to Section 405 of the St. Paul Legislative Code. The application completed by Mr. Langason provided all the necessary information for consideration by the City Council. 5. Information provided on the license application indicated that the Applicant Gregory Langason, would operate the business personally. 6. A public hearing before the St. Paul City Council concerning the application was originally scheduled for November 22, 1995. The office of LIEP mailed notices of the public hearing to the Applicant and interested members of the public on October 31, 1995. 7. Prior to the license application, there had been a number of complaints filed with police and the Mayor's office concerning noise, litter, parking and after- hours drinking at the Rental Hall. As a result of these complaints, the Director of 2 , � c�' 1�� the Office of LIEP prepared a number of license conditions which were presented to Applicant. Applicant was advised that violation of any of the restrictions could be grounds for adverse action against the license of the establishment. Upon signature of the license conditions, Applicant was permitted to continue operating the Rental Hall pending St. Paul City Council's approval or disapproval of the license application. Mr. Langason agreed to the license conditions by signature dated December 4, 1995. 8. The license conditions for the Rental Hall provide: 1. The Hall must be closed by 12:00, midnight, and all patrons, guests and members of the public shall NOT be on the licensed premises, after the 12:00 midnight, closing. 2. The management of the Hall shall be responsible for making sure that patrons, guests, and members of the public exiting the Hall do so in a quiet and orderly fashion so as not [to] disturb the adjacent neighbors. 3. The management of the Hall shall provide a telephonic means to contact both the owner of the hall and the on site manager at all times that the hall is being used. The numbers for contact are: On site hall manager; 298-1411 and owner, Mr. Greg Langason, digital beeper; 643-5468. 4. There shall be no parking in the alley south of the building, by anyone associated with the hall. In addition the City will also enforce the no parking ban for residents as well. 5. The management of the hall shall be responsible for the clean up of the outside area immediately adjacent to the hall. 6. There shall be no sale of liquor or beer to anyone on the premises at any time. The City will consider the collection of an entry fee or admission charge or donation as a sale of liquor or beer, if such a fee is charged or collected when alcohol is being served or consumed on the premises. 7. There shall be no sale or consumption of liquor or beer on the part of minors (anyone under the age of 21 years). 8. No alcoholic beverages including beer, spirits, or wine, shall be allowed to leave the establishment. 9. The owner or manager of the hall shall provide a list of all rentals on a weekly basis to both the Office of LIEP and the Central Team commander of the Saint Paul Police Department. VIOLATIONS OF ANY OF THESE RESTRICTIONS COULD BE GROUNDS FOR ADVERSE ACTION AGAINST THE LICENSE OF THE ESTABLISHMENT. 3 ��kl / 4��O 9. Consideration of the Appiicant's application for a dance or rental hall license by the St. Paul City Council was rescheduled to January 31, 1996. The Applicant and interested members of the public were notified of the cancellation of the November 22, 1995 hearing on November 8, 1995. A Notice of the rescheduled hearing before the St. Paul City Council was mailed to the Applicant and interested members of the public on January 4, 1996. (City Exhibit 7). 10. On December 29, 1995, Sergeant Daniel Anderson of the St. Paul Police Department received information that the Rental Hall was rented for a New Year's Eve's party. He was also provided with a copy of the license conditions for the Rental Hall. On December 31, 1995 at approximately 9:00 p.m., Sergeant Anderson stopped at the Rental Hall. He observed 40 to 50 people attending a party. A $15.00 admission fee was being charged to people entering the Rental Hall. People paying this admission were then given a red ticket. The red ticket entitled them to get alcoholic beverages all evening for no extra charge. (City Exhibit 2). 11. Sergeant Anderson spoke with the site manager, Diana Young who then showed Sergeant Anderson a rental contract which stated that alcoholic beverages could not be sold, but could be served at the Rental Hall. The person in charge of the party and who had signed the rental agreement, and Ms. Young were told by Sergeant Anderson that he would not shut down the party, but would prepare a report and submit it to the Office of LIEP. Sergeant Anderson also advised the site manager that if the police were called to the Rental Hall for any fights, noise complaints, or other illegal activity, the party would be immediately shut down. There were no police calls to that address for the entire evening. (City Exhibit 2). 12. Sergeant Anderson prepared a general report of the December 31, 1995 incident and sent a copy to the Office of LIEP. 13. On the same New Year's Eve evening of December 31, 1995, Senior License Inspector from the office of LIEP, Kristina Schwenler went to the Smith Avenue Rental Hall at approximately midnight. She observed a party going on "full blast". It appeared to Ms. Schwenler that a cover charge was being charged at the door and a full bar was in operation. She informed security that one of the conditions for the Rental Hall was that parties be closed by midnight. 14. Ms. Schwenler contacted Mr. Langason informing him of her view that he had violated several license conditions. Specifically, the conditions requiring that the Rental Hall be closed by 12:00 midnight, and that there be no sale of alcoholic beverages. Ms. Schwenler advised the Applicant to be more aggressive in enforcing these conditions. 15. On January 31, 1996, the public hearing on Applicant's license was heard by the St. Paul City Council. Mr. Langason was in attendance as were a number of neighbors and representatives of neighborhood organizations who objected to approval of the license application. 4 �� 5� 16. Based on the public hearing and the record received by the City Council on January 31, 1996, the City Council on its own initiative found that there was a rational basis to refer the matter to an Administrative Law Judge for consideration of adverse action concerning the license application. The City Council further resolved that during the period of time prior to the final decision by the City Council regarding the license, the Applicant would be allowed to continue operation under specified conditions. (City Exhibit 3). In a resolution dated January 31, 1996, the City Council adopted most of the license conditions previously imposed by the office of LIEP with a few amendments. Most notably, the Applicant was responsible for ensuring that one or more security persons are on duty at all functions that take place at the Rental Hall. In addition, the City Council required Mr. Langason to provide a copy of the conditions to all parties renting the Rental Hall and to post a copy in a place visible to all patrons, guests and members of the public. Furthermore, Gregory Langason was named as the person responsible for complying with the specified conditions. 17. On January 31, 1996, the Applicant agreed to these conditions in order to continue to operate the Rental Hall. City Council resolved, and Applicant acknowledged "that any violation of the conditions could be grounds for adverse action, including suspension and revocation of the license." The resolution was approved by the Mayor on February 6, 1996. (City Exhibit 3). 18. On March 2, 1996, two St. Paul police officers were instructed by Police Sergeant Coyle to investigate a report of a party at the Smith Avenue Rental Hall. A complaint had been made to City Councilman Dave Thune by a constituent suggesting that people attending the party were charged a cover charge and permitted to drink all the beer they could. (City Exhibit 4 and 6). 19. Sergeant Coyle instructed Officers Axtell and Bandemer to enter the Rental Hall in plain clothes and attempt to pay a cover charge and procure alcohol at the premises. At approximately 9:30 p.m., the two officers entered the Rental Hall. At the interior door, a man in his early 20's, upon seeing the two men, said, "Five dollars a piece." Officer Axtell stated, "What's that cover". The man replied, "All the beer you can drink." O�cer Axtell gave the man a $20 bill and the man gave him back two five dollar bills change for Officer Axtell and the second officer, Officer Bandemer. The man then stamped both Police Officers hands which read "Paid" in red. The two officers then went into the bar area where the two officers were served finro tap beers at no additional cost. A short time later, the officers returned to the bar area and each ordered another beer. They were not charged for the second beers as well. The police officers did not see the bartender accept any money for alcohol being served other than what was put in a "tip jar". (City Exhibit 4 and 5). 20. Officers Bandemer and Axtell advised Sergeant Coyle of their findings and at approximately 10:15 p.m. St. Paul Police Sergeant LaBossiere and Officer Schwartz went to the Rental Hall arriving at approximately 10:40 p.m. Upon entering the Rental Hall, the officers spoke with the doorman and the 5 1�'�� bartender, obtained their names and dates of birth, and determined that the band playing at the party was making a compact disc for Castilla Productions. The crowd was described by the police officers as "orderly". A copy of Sergeant La6ossiere's police report dated March 2, 1996 was provided to vice investigations and to the office of LIEP. 21. Cary Kimmel lives on West Baker Street which is around the corner and south of the entrance to the Rental Hall. His property adjoins the rear of the Rental Hall. Mr. Kimmel has lived in the neighborhood since 1987. Mr. Kimmel has documented problems that he has observed at the Rental Hall for approximately two years. He has documented loud noises, honking horns, screeching brakes, empty beer cans and champagne bottles outside of the Rental Hall, evidence of urinating in the snow, and parties continuing after 12:00 midnight. Many of these activities occurred prior to the current license application and licensing conditions placed upon the Applicant. 22. Mr. Kimmel observed a poster in the window of the EI Borrito Market advertising a dance at the Smith Avenue Rental Hall on February 3, 1996. The poster indicated an admission price of $15.00 in advance and $20.00 at the door. The poster also indicated that the event would start at 7:00 p.m. and last until 12:30 a.m. (City Exhibit 11). 23. Mr. Kimmel began monitoring his observations of the event on February 3, 1996. (City Exhibit 12). During the period from approximately 10:30 p.m. until 1:28 a.m., Mr. Kimmel documented honking horns, loud voices, screeching tires, the sound of a loud shot or firecracker, the presence of two police squad cars, and evidence of the event continuing past the 12:00 midnight hour. At approximately 1:47 a.m., Mr. Kimmel toured the area in his car and observed beer cans in the gutter and snow bank and cars still parked in front of the Rental Hall. (City Exhibit 12). 24. On the evening of February 3, 1996, there was a police call made complaining of disorderly conduct at approximately 11:00 p.m. A police squad was dispatched to that location at approximately 12:10 to 12:30 a.m. 25. The neighborhood around the Rental Hall is described as a quiet commercial and residential neighborhood. The commercial establishments include a bank, an insurance agency, a cafe, a printing business, a hair salon which all are located on Smith Avenue. The side streets adjacent to Smith Avenue are primarily residential. 26. The West Side Safe Neighborhood Council (hereinafter the °Council") is a neighborhood association made up of area residents and business owners. The Council is devoted to crime prevention, violence prevention, safe neighborhoods and educational efforts. The Council sponsors neighborhood events. The West Side Safe Neighborhood Council was formerly the Riverview Safe Neighborhood Association and has been in existence since September of 1992. 6 ��`'i�� 27. On January 25, 1996, John Neess, the chairperson of the Council's board wrote a letter to St. Paul City Council President, Dave Thune stating that the Board of Directors "believes it would not be in the best interest of the community to grant a dance or rental hall license to the owner of the Smith Avenue Rental Hall." (City Exhibit 3). Mr. Neess indicated that neighborhood residents would be attending the hearing concerning the license application on January 31, 1996. 28. On February 27, 1996, the Council held a public hearing at the Cherokee Bank on the west side in St. Paul at which 19 people attended. Mr. Langason was also in attendance at that meeting. The Council board heard comments from attendees which were described as mostly "unfavorable" and opposed to the grant of a license application to the Applicant. 29. Tom Oestreich is the pastor for Harvest Fellowship located at 840 Ohio Street in St. Paul. Pastor Oestreich has rented the Rental Hall for worship and church services. He serves no alcoholic beverages. The Harvest Fellowship would like to continue to have the opportunity to rent the premises for these purposes. 30. The Applicant concedes that there have been problems in the past primarily due to the consumption of alcohol by party goers. It is the Applicant's intent to make the Rental Hall an alcohol free establishment beginning in 1997. The Applicant believes he must honor the contracts that he has already entered into for 1996. Mr. Langason indicates that he has made good faith attempts to have those renting the facility to abide by the conditions which he has voluntarily agreed to. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 (1994) 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 hearing, whether or not they have been granted the status of intervenor. 3. The Notice of Hearing was proper in form and was validly served. 4. The Applicant, Gregory Langason, has demonstrated that he is of good moral character and has met the minimum qualifications for issuance of a Class III license for a public dance or rental hall in the city of St. Paul. 7 � q� -��o 5. The Applicant, having operated a dance/rental hall prior to the passage of the ordinance now requiring licensure is not a new applicant for licensure. The St. Paul City Council acted properly by allowing the Applicant to continue operating the Rental Hall pending consideration of its license application, and it acted properly when it placed conditions upon its continued operation. 6. The City Council may consider adverse action, including the revocation or suspension of the Applicant's license, the imposition of additional conditions upon that license and the imposition of fines and costs consistent with St. Paul Legislative Code § 310.05. 7. The conditions placed upon the continued operation of the Applicant's rental hall license are reasonable and were voluntarily agreed to by the Applicant. 8. On December 31, 1995, the Applicant violated a license condition which prohibited the sale of liquor or beer to anyone on the premises at any time. The collection of an entry fee or admission charge or donation is deemed to be a sale of liquor or beer as specified in the license conditions agreed to by the Applicant on December 4, 1995. 9. On December 31, 1995, the Applicant violated the license condition that the Rental Hall must be closed by Midnight. 10. On February 3, 1996, the Applicant violated the license condition that there be no sale of liquor or beer to anyone on the premises at any time. The collection of an entry fee or admission or donation is deemed to be a sale of liquor or beer if such a fee is charged or collected when alcohol is being served or consumed on the premises consistent with the license condition agreed to by the Applicant on December 4, 1995, and on January 31, 1996. 11. On February 3, 1996, the Applicant violated the license condition that the rental hall be closed by 12:00 Midnight. 12. On March 2, 1996, the Applicant violated the license condition that there be no sale of liquor or beer to anyone on the premises at any time. It was proper to consider the collection of an entry fee or admission charge or donation as a sale of liquor or beer as such fee was charged or collected when alcohol was served or consumed on the premises as specified in the license condition agreed to by the Applicant on December 4, 1995, and on January 31, 1996. 13. On February 3, 1996, the Applicant violated the license condition to ensure that patrons, guests and members of the public exit the Rental Hall in a quiet and orderly fashion so as not to disturb the adjacent neighbors. 14. The renewal of the rental hall license to the Applicant at 627 Smith Avenue South in the City of St. Paul will not unreasonably annoy, injury 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 January 31, 1996 resolution of the City Council are continued and enforced. 8 �(�i�g� 15. As a consequence of Conclusions 8 through 13, it is appropriate to impose a license suspension of a moderate duration on the Applicant. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED that the St. Paul City Council suspend the dance/rental hall license of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall managed by Gregory Langason at 627 Smith Avenue South, St. Paul, Minnesota, for a period of seven days for each violation, for a total of 42 calendar days. Dated this 25th day of July, 1996. ��.1�� j� Ct �� PHYLLIS A. REHA Administrative Law Judge Reported: Taped NOTICE Under to Minn. Stat. § 14.62, subd. 1, the City Council is respectfully requested to provide a copy of its final decision to the Administrative Law Judge by first class mail. 9 �c��5�� MEMORANDUM Normally, the burden of proof is upon an applicant for license to affirmatively establish that he meets the minimum qualifications for licensure. In this case, however, the Applicant had an ongoing business prior to the passage of the ordinance which required dance/rental hall licensure. Thus, this proceeding is more in the nature of an enforcement action proposing revocation or suspension of an existing license. Thus, the burden of proof is on the City to establish by a preponderance of the evidence that the licensee has violated conditions of his Rental Hall license and that revocation or suspension of the license is warranted. There is no "grandfather clause" which permitted continued operation of rental halls which were in existence prior to the passage of the ordinance. However, in this case, the Applicant has a property interest in the issuance and renewal of a rental hall license. The Minnesota Supreme Court has held that persons seeking renewal of their liquor licenses do have "a reasonable expectation of the continuing receipt of the benefit conferred by a license" as a result of their investment and because the licenses are generally renewed "as a matter of course". Tamarac Inn, Inc. v. Citv of Long Lake, 310 N.W.2d 474, 477 (Minn. 1981). See also, Greater Duluth Coact v. Citv of Duluth, 701 F.Supp. 1452, 1456 (U.S. Dist. Ct. Minn. 1988). In Tamarac, the Long Lake City Council refused to renew the license of the Tamarac Inn due to a new zoning law that had been adopted to prohibit liquor licenses in the area where the inn was located, and due to alleged liquor ordinance violations that were actually no more serious than those at other establishments. The Minnesota Supreme Court held that the City Council's action in denying the renewal was arbitrary and capricious. Tamarac, 310 N.W.2d at 478. In E.T.O.� Inc., d/b/a "Feraie's Bar" v. Town of Marion, 375 N.W.2d 815, the Minnesota Supreme Court held that an applicant for a liquor license renewal was excluded from a statutory limitation prohibiting the sale of liquor within 9,500 feet of a school outside of the municipality, because the establishment had been in existence some 15 years prior to the legislative amendments. In Fergie's Bar case, businesses holding liquor licenses prior to the legislative amendment were protected under a grandfather clause from the 15 foot limitation. While there is no similar grandfather clause in the case at bar, the same rationale applies. In this case, the Applicant had a property interest in renewal of his license under the ordinance which now requires rental hall licensure. Th� City alleges that the Applicant has violated several of the conditions of his provisional rental hall license and thus, denial (i.e. revocation) of the license is warranted. The City has met its burden of proof to establish that there have been violations of the reasonable conditions placed upon the continued operation of the Rental Hall. The testimony in evidence provided at the hearing 10 , �� by police officers, city officials and neighbors provide eyewitness testimony that there were clear violations of the license conditions. Thus, the Administrative Law Judge has concluded that adverse action against the license of the Applicant is appropriate. The Applicant agreed to the conditions developed by the Director of the Office of LIEP on December 4, 1995. The Applicant was on notice that those conditions must be adhered to and enforced. As the Findings and Conclusions of this Report reflect, license conditions were violated on December 31, 1995, February 3, 1996, and March 2, 1996. The St. Paul Legislative Code gives little guidance as to the specific sanctions which should be applied for violation of any license conditions. The courts have recognized the discretion allowed local officials in imposing sanctions. St. Paul Legislative Code, § 310.05(k) permits the City Council to impose upon any licensee or license applicant some or all of the costs of the contested hearing before an independent hearing examiner. Section 310.05(I) also permits the City Council to impose a fine upon any licensee or license applicant as an adverse license action. Such fine may be in such amount as the council deems reasonable and appropriate, having in mind the regulatory enforcement purposes. And finally, revocation, suspension, and other imposition of conditions is permitted by § 310.06. In this case, the Applicant has failed to comply with conditions set forth in the provisional license and as set forth in the resolution granting that provisional license. Thus, any or all of the above sanctions may indeed be appropriate in this case.. Under the circumstances of this case, a seven-day suspension for each of the enumerated violations is seen by the Administrative Law Judge to be reasonable. The City Council may also want to consider imposing as an adverse action the costs of this contested case hearing. The seven-day suspension for each violation is based upon review by this Administrative Law Judge of previous adverse actions imposed upon on on-sale liquor licensees. See e.g., In the Matter of Licpnses held by VH & M. Inc., d/b/a Born's Dutch Bar fo the premises located a� 899 Rice Street, (Docket No. 2-2101-8387-3) wherein the Administrative Law Judge recommended suspension of all of the St. Paul City licenses applicable to Born's Dutch Bar held by the corporation for a period of seven days for one incident. The Administrative Law Judge, in that case, took into consideration the fact that Mr. Born was not present in the bar at the time of the occurrence. A three-week suspension of the bar's license, as recommended by the City in that case, was determined by the Administrative Law Judge to be too severe under those circumstances. 11 q(� -l �� Finally, the Administrative Law Judge believes that the City did not establish by a preponderance of the evidence that the Applicant has maintained a nuisance in violation of the St. Paul Legislative Code, § 310.06(b)(8). It was not shown that the Applicant has permitted conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public. P.A.R. /' ��v 12 � r � OFFICE OF 'THE CITY ATTORNEY Timothy E. Marx, City Atlorney CITY OF SAINT PAUL Civil Drvrsion f v � �,J oO Norm Coleman, Mayor 400 Ciry Hall Telephone: 612 266-8710 I S West Kellogg Blvd. Facsimile: 612198-5619 R[�C E�V E D Saint Paul, Minnesota 55102 C r .lUL 2 9 1996 �' � �-r � �� 17Y CI.ERK �� , ;;� February 20, 1996 �J r�-�.;e�- �v C'3 ��' '� �%'� y� .c' G��'^° � ,-,? Mr. Gregory Langason 'f= .._, .�: c� ;_,� Smith Avenue Rental Hall r-: 627 S. Smith Avenue � � Saint Paul, MN 55107 NOTICE OF HEARING Re : In the Matter of the License Application of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall Dear Mr. Langason: This is to notify you that a hearing will be held concerning your application for a dance/rental hall license under Chapter 405 of the Saint Paul Legislative Code at the following time, date and place: Date: March 28, 1996 Time: 9:30 a.m. Plaae: 1504 City Aall Annex 25 West Fourth Street Saint Paul, 1rIId 55102 The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings : Name: Phyllis A. Reha Office of Administrative Hearing 100 Washington Square, Ste. 1700 Minneapolis, NII�i 55401-2138 Telephone: 341-7600 The Council of the City of Saint Paul has referred the question of whether to deny your license application for a hearing in accordance with the procedures of Sections 310 . 05 and 310 . 06 of the Saint Paul Legislative Code. Under those provisions you are entitled to notice and an opportunity to be heard. The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge will be that your application should be ' I 1 ��"�� approved, and the license issued with certain conditions . However, 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 such a hearing. It is anticipated that in this case there will be one or more requests for "interested persons" to participate or intervene in the hearing. The Administrative Law Judge may require such persons to provide written notice of the grounds upon which denial of your application will be urged, and the factual basis for such grounds . Motions will be made to determine the issue of intervention and notice in advance of the hearing date. You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The 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 may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400 . 7000 . Sincerely, "�ck � � �a-�'''�-� . � Virgin�. Palmer Assistant City Attorney cc : Robert Kessler, Director Officer of LIEP Nancy Thomas Office of Administrative Hearings Sue Nipe, Director Riverview Neighborhood Crime Watch Sandra Levine, Community Organizer West Side Citizen' s Organization '-. ' OFFICE OF THE CITY ATTORNEY Timothy E. Marx, City Attorney �� , � � ` CITY OF SAINT PALTL �?'=��-'� �','��: �� Civi/Division �� `1�b d Norm Coleman, Mayor 9� {d�p � � 400 City Nall Telephone: 612 266-8910 r�� ti � ��: Q'�1 S West Kellogg Blvd. Facsimile: 612 298-5619 P�-,�i'�ii�� '_ ,. . ,1 , Saint Paul, �nnesota 55102 �� N��,J;E;�;S I e� March 8, 1996 Mr. Gregory Langason Smith Avenue Rental Hall 627 So. Smith Avenue Saint Paul, MN 55107 AMENDED NOTICE OF HEARING - Re: In the Matter of the License Application of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall Dear Mr. Langason: This is to notify you that a pre-trial hearing will be held concerning your application for a dance/rental hall license under Chapter 405 of the Saint Paul Legislative Code at the following time, date and place: Date: �� , 1996 Timei 1:30 p.m. Place: Room 41 Ramsey County Courthouse 15 West Rellogg Boulevard Saint Paul, l�i 55102 The Administrative Law Judge assigned to hear this matter at trial will preside at the pre-trial hearing. The hearing was scheduled to deal with the consolidated prehearing motions riled by tne City. You will have an opportunity at that hearing to determine the grounds on which denial of your license is sought by other participating parties, and the factual grounds therefor. The hearing on your application for a license is still scheduled at 9 :30 a.m. , on March 28, 1996 in Room 1504 of the City Hall Annex, at 25 West Fourth Street, Saint Paul, l�T 55102 . Based upon newly discovered facts, the recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge will be for the denial of the issuance of a license. Evidence will be presented to the judge in support of the recommendation for denial as follows : ��✓�� On January 31, 1996 Gregory Langason was given a copy of eleven conditions for the operation of 627 S. Smith, which he agreed to abide by while consideration of the issuance of a license was pending. Condition #7 stated that "There shall be no sale of liquor or beer to anyone on the premises at any time. The City will consider the collection of an entry fee or admission charge or donation as a sale of liquor or beer, if such a fee is charged or collected when alcohol is being served or consumed on the premises, and such sale will be deemed a violation of this condition. " On March 2, 1996 a party took place at Smith Avenue Rental Hall during which people were charged a $5 . 00 cover fee and were allowed to drink all the beer they wanted. Sincerely, � � � � �� `Z/� .� k(�� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler Director of LIEP Nancy Thomas Office of Administrative Hearings Sue Nipe Director, Riverview Neighborhood Crime Watch Sandra Levine, West Side Citizen' s Organization Pastor Tom Oestreich Harvest Fellowship � Rick Aguilar Smith-Dodd Business Association Cary Kimmel OFFICE OF THE CITY ATTORNEY �� Timothy E. Marx, Ciry Alrorney CITY OF SAINT PAtJ�t y}✓ �~�,' ��'�� Civrl Division `� ��"O NormColeman, Mayor C�� fl —� �� t ��,} 400CityNall Telephone: 612 266-87I0 1 S Wes!Kellogg Blvd. Facsimile: 612 798-56I9 �"{�i � o��y�;.�y`{��v�, Saint Paul, Minnesota 55102 � I.{�N�J��GS March 29, 1996 Mr. Albert Usumanu Attorney at Law 4018 W. 65th Street, #111 Edina, MN 55435 AMENDED NOTICE OF HEARING Re : In the Matter of the License Application of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall Dear Mr. Usumanu: This is to notify you that the hearing concerning Gregory Langason' s application for a dance/rental hall license under Chapter 405 of the Saint Paul Legislative Code has been rescheduled to the following time, date and place : Date: May 10, 1996 Time: 9:30 a.m. Place: 1503 City Hall Annex 25 West Fourth Street Saint Paul, 1�II�T 55102 The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings : Naxne: Phyllis A. Reha Office of Administrative Hearing 100 Washington Square, Ste. 1700 Minneapolis, NII�T 55401-2138 Evidence will be presented to the judge which may lead to denial of Mr. Langason' s application for a license, or other adverse action, as follows : On March 2, 1996 a party took place at Smith Avenue • Rental Hall during which people were charged a $5 . 00 cover fee and were allowed to drink all the beer they wanted. This was in direct violation of a condition agreed to by Mr. Langason while consideration of issuance of a license was pending; to wit that "There shall be no � ,. .. �'�� sale of liquor or beer to anyone on the premises at any time . The City will consider the collection of an entry fee or admission charge or donation as a sale of liquor or beer, if such a fee is charged or collected when alcohol is being served or consumed on the premises, and such sale will be deemed a violation of this condition. " Notice of the conditions was to be posted in the hall and was to be provided to all persons renting the premises . On December 29, 1996 there was a similar violation of this condition and police noted a $15 admission fee being charged for a red ticket which then entitled people to free alcoholic beverages for the evening. The site manager on duty denied being aware of the conditions agreed to by Mr. Langason. The operation of the premises as a ctance or rental hall is a general nuisance to the neighborhood in that there are ongoing noise problems, fights, instances of people refusing to leave the hall in a timely manner, littering and urinating in public by people leaving the hall . The ongoing nature of these problems demonstrates a lack of control of the premises by the applicant for the license. Sincerely, °/ \, �� 7/�k�ti;�c,c�`` /J \, �.Q,�,¢-t Virginia D. Palmer Assistant City Attorney cc : Robert Kessler Nancy Thomas Office of Administrative Hearings Sue Nipe Director, Riverview Neighborhood Crime Watch Sandra Levine West Side Citizen' s Organization Pastor Tom Oestreich Harvest Fellowship Rick Aguilar Smith-Dodd Business Association Cary Kimmel OFFICE OF THE CITY ATTORNEY Timothy E. Marx, City Attorney , . . ,� q� - 15g0 CITY OF SAINT PAUL '_. �' r"_ I��' : cN,t Drv�,on Norm Coleman, Mayor �':, �?��' � � �!.j� 400 City Hall Telephone: 612 266-8710 I S West Kellogg Blvd. Facsrmile: 612 298-5619 �u i'i{i�,S 1 r:i Saint Paul, Minnesota 55102 �� NEAF�;�:� May 14, 1996 Judge Phyllis Reha Office of Administrative Hearings 100 Washington Square, Suite 1700 �' Minneapolis, MN 55401-2138 Mr. Albert Usumanu Attorney at Law 4018 W. 65th Street, #111 Edina, MN 55435 RE: In the License Application of Cameroon Group LLC d/b/a Smith Avenue Rental Hall Dear Judge Reha and Mr. Usumanu: Pursuant to the telephone conference call with your Honor and Mr. Usumanu on the afternoon of Friday, May 10, 1996, we have scheduled a room for a continuation of the administrative hearing in the above-entitled matter. Date: May 24, 1996 Time: 9:30 a.m. Place: Room 41 Ramsey County Courthouse 15 West Rellogg Blvd. Saint Paul, NII�T 55102 It is my understanding that Mr. Usumanu will be reviewing the tapes of the hearing from the morning of May 10, 1996, and based upon that review, will determine whether he needs to recall any of the witnesses. If he chooses to do so, he will call them as witnesses, and subpoenas will be available if necessary. He will also have an opportunity to present testimony through other witnesses, and the City will be able to cross-examine those witnesses . I assume, although it was not discussed during the conference call, that if the need for rebuttal witnesses by the City arises, that I would be permitted to call them as well . Additionally, we discussed the fact that, should the ownership of the building cause this hearing to be unnecessary, Mr. Usumanu will � � - �s�� notify the judge and the City of that fact . If I have misstated any part of the conversation, or this is not your understanding, please let me know. Sincerely, ,J/ , /\ � i��Q��cGCti�u �c�C .1 Virginia D. Palmer Assistant City Attorney cc : Robert Kessler, LIEP FEE-`'��-1'�'�6 1�� 11 FF:Oh'1 !_:I T'r' HTTi iF'fJE`r"=: I_IFF!i=.E Ti� '�+1.1'�=r.r,�. F'.�_�1 • • Post-It`"brand fax transmittal mema 7671 �o+Pa9es ► �, - ` � � To � From �� Co. Co. § 310.O;i . .'. p��, Pho�e N -.. �x� 7 1 �%b �ax" pt on the request of a counc�lmemher, tt vch request shall be incorporated iu thc� ri1e�G5 dtt �ne reywremcn[s oT iaw, ana �t�ere e�:• torm of a counciI resolutzon. lipon thE� pa� ists no ground for denial, revocation ar suspen• sage of such resolution, Lhe director sh:�ll sion of, �1' the imposition uf cond.itions upon, such d��e �ritten notice of such hearin� t.o th�� license, the d.irector shall grant, issue or renew a�'ected neighborhood or;;anizations Suc}� said license izz accordance ��ith the application. public hearing does ��ot rc�pEacc� oc acrif:cicl any of the procedures set forch in sF•�tion (c) Cluss 1 and Class 11 licenses, i� c�enied by 310.05 of the I,ed slaLi��e Codc�. lf n�� re•- director. In the event the director, in the case of quest for a public he:�rin� is fnade �e�for�� both Class F and Ctass II licenses, determines that the espiration of an�such licc�nse,and w�herr t.he application for gra�at, issuance or renewa] of there exissts no hround for ad��c�r,c� ,iction, the license does not meet ali the requirements of the council Ghall bv re,olution ciirect that law or that there e�ast gtounds for deni:�l, re�•o• the director issue the licE�nse in a��ord��n�«� cation,suspension or other adverse action abainst v��th la�v. the license or the licensee, the director shall rec- ommend denial of the application and follow the �e) Appeul; Cl.a_�s I or Class II licenses. An ap- procedures for notice and hearing as set forth in Pea] to the city council may be taken by any per- section 310.05. son aggrie��ed by the grant, issuance or renewal of a Class I or Class II license; provided, howe��er, ld) Cla.ss III lr:censes. t.hat the appeal shall ha�•e been filed K-ith the city clerk within thirty (301 days after the action by (11 Grant, i.ssu•ance or trancf�r. Upon receipt of Lhe director. The oaly b ounds for appeal sha.11 be a fiilly completed application and required that there has been an error of law in ihe granc, fees fox a C•lass III license, and after the issuance or renesval of the license.The appeal shall investigstion required,the director shall no- be i.n �rrititlg and shall set forLh i.n particular t,he tify the council. A public hearing Shall be aj]eged errors of law. The council shall conduct a held on the grant or issuance of a1] CIasG III hearing on the appeal within thi.rt:y (301 days of licenses. In any case where the director rec- the date of filing and shall notify the licensee and ommends denial af the gra.nt, issuance or the appellant at least ten (10) days prior to the rene�ya] of a Class III license, or where the hearing date. The procedures set forth in section council believes that there is evidence K�hich 310.05, insofar as is practicable, sha11 apply to might result in action adverse to Ehe origi- this hearing. Following the hearing, the council nal or rene�•al application, the director on may affirm or remand tbe matter to t�e inspector lxis Oz'her o«�n initiative,or at the direction �r director,or may re�erse or place condition.5 upon of the council, shal[ follow the procedwes Lhe license based on the coun�il's dPt;erminatior� for notice arid heari�tg as set forth in sec- that the decision was based on an c�rror c,f� la�•. tion 310.05. Where the application for the The filinh of an ap�.�eal stiall not st.�y t11e i�tiu:�ncf� grant, issuance or renewal of a Class III ot'the license. 13cexxse meets all the reqvirements of law, and where there eaZSts no ground for ad- �� waiver by rcneu�al. T'Y�e renE�w:�l ot� an� verse action,the council shall by r�satution license. ��hether Class I, II or III, ::hall n�c bc• direct that the director issue such license deemed to be a waiver of a�y past �iolatiun� ur �if� in accordance with ]aw. any graunds for imposition of adverse �ct.ion against such license. (2? Renewa.l. The director shall in writing no- tCode 1956, §510.0�; Ord. Ivo. 17��5, � I, 5 21-8i, tify the council, and the affected neighbor- Ord. '.�io. 17551, � ], 4-19-88; C.F. No. 9�-500, � 1. hood organizati�n(s)established for cit.izen 7-6-94; C.F. No. 9�-4 i 3, § 3, 3-31-9�1 participatio�n purposes, st ]east si�ty (60) days before the ea�piration date of al] Class Sec. 310.05. Hearing procedures. ' III lieenses.A public hearing on the rene��- (a) Aduerse ac.tiorr; notice and hearing require- '_ al of any such license shall not be held ea- ments. In any case where the council ma� or �n- �� , Supp. No. 30 202? FEE�—��-1'?'?r� 1�� 1� FF'�]f'I CtT''r' i�TT�=1F'IJE'�'_� ��FF[CE TQ + ,-I':a_:'r.t,`:. F'.�.�;_� G� �� ' . OA5 LEGTSIr'.TI�'E CUDE " , � 3x tends to cox�sider any ad��erse acfion, including The council shall consider the evidence con- the re��ocation or suspension of a license, the im- tained in the record, the hearing examiner's rec- position of cunditians upon a license,ox t.he denial omxnended findings of fact and conclusions, and of an application f4x the grant,issuance or rene��- shall not consider any factual testimony not pre- al of a license, or the disappro�'al of a license is- �-iously submitted to and considered by' the hear- Sued by the State of A4innesot�, the applicant or �g ex�miner. 11fter receiQt of the hearing eaam- licensee shall be e ven notice and an opportunit:v �er's findings,conclusions,and recon�mendations, to be heard as provided herein. The cocu'►cil may the council shall pro��de the applicant or licensee consider such adverse actions when recommend- � opp��h; to preseut oral or writt.en argu- ed by the inspector,by the director.by the director ments alleging error on the part of ttie examiner of any execuLz�•e department established �,ursu- � the application of the law or interpret��tion of ant to Chapter 9 of the Charter, by t.hF citr- attor- the facts, and to present aro n�ent relat.�� t.�i thc� ne� or on its o«rn ix�:itiative, recommended adverse action. Lpon conctusion of / (b) Norice. In each such case wherc+ adverse ac- that hearinh,and aft.er considenng Che recc�rd,L}lE' '/ tion is or will be coz�sidered by the council, the ehaminer's findings and recommenc�ati�nG,togeth- applicant or licensee shal] ha��e been notified in er r�ith such additional arguments present.ed Kt writing that adti•erse action may be taken against the hearing, the council shall determine ��hat, if the license or �pplication, and that he or she is �ny, ad�•erse actinn ,hall be Caken, which action entitled to a hearing before action is taken by the shall be by resolution. The council may accept, cou»cil. The notice shall be sen�ed or mailed a reject or modify the findinrs, conclusions and rec reaeonable time before the hearing ciate,and shall ommendations of the hearing ex:�miner. state the place, date and time of the heaz-ing. The notice shall state the issues involved or grounds (c-2) Ex-parte contacts. If a license matter hf►s upon which the adverse action ma� be sought or been Scheduled for ao ad�erse heari�g, council based. The covncil may request that such w-ritten ruembers shall not discuss the Lcense matter wit.h notice be prepared and served or mailed by the each other or wiLh an1�of the parties vr interested inspectur or by the city attorney. persons invol.�ed ix� the marter 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 cuuncil's final deliber- �acts underlying the ��iolation or as to the facts ations of the matter. No interesf,ed pErson shall, establishing mitibating or aggravat.ing circum- wzth �ov�:ledge thst a license matter has been,. st.ances,the hearing shail be held before the coun- scheduled for adverse hearing, convey or attempt cil. Otherwise the hearing shall be conducted be� , to con�ey, orally or in writing, any information, fore a hearing examiner appointed by the c4uncil or ret ' ed tiy contract with the city for that pur- argunnent or opinion about the matter, or any is- pqse�T he appiicant or the licensee shall be pro- sue in the matter, to a counci] member or his or �zdeH an o ortunit to resent evidence and ar- her staff until the counciI has tal:en final artian �p y p on the matter; �rovided, however, that nothinh wment as well as meet ad��erse testimony or evidence by reasonable cross-exam' e_ herein shall pre��ent an inquiry or communica buttal e�zdenc e hearing eYaminer may in its ��ns regarding status, scheduling or procedt�res scre on permit other interested persons the op- concerning a license matter.�1n interested perGOn, porhuiity to present testimon��or e��idence or other- for the purpose of this paragraph, shall meao and wise participate in such hearin . include a person v��ho is an officer or employee of the licensee w•hich is tbe subject of Che sched��ip�l (c-1? Procedure:hearing exa.miner. The h�aring sd�erse hearing, or a person �vho has a financ�al ekaminer sh�.11 hear all e�-idence as may be pre- interest in such licensee sent.ed on behalf of the city and the applicant or licensee, and shall present to the council w-ritLen (d) Licensee or applicnnt mny be rEPrESP.ftlP,C�. findin� of fact and conclusions of law•, together The licensee or applicant may represent himself Kith a recommendation for adverse action. or choose to be represented by another. Supp.No. 30 20� FEE,-�f.-1'�'?�� 1�� 1� FF'i if�l i=[T`r' HTTi iF'►�E•��,_, i=iFF 1�=E Ti i + ��+��r �:�_ F-, �j ; . �\ a�;�,� U LICG\SGS � ;;�O p�, (e) Recorn!;eui�.'errce. Thehe:anmgexanunershall (j) Tf the council imposes ::.t� adv�rse �icti��►� ;�:: receive and keep a record of such proceedings, defined in section 310.01 a�ove. a ��eneric noticr uf including testimony and eshibits, and shall re- such action sh�lt be prepared by� Lhc� lic�ns�� in- ceive a.��d give weight to evidence,inciuding 6ear- spector and posted bv tt►e licer►;:c•e ::o �:�: t.c� bc� ��is• say evidence,wkuch possesses probative�alue com- ible tu the public durin;the effiecti�•e p��ncid c>f thr� monlyacceptedbyreasonableandprudentperson� a��'Pr.e a�t.i�n The licensee s�i�tll be rf��:pcm�-ihlr u► t,�ae conduct of lheir �airs. for t�ng ressonable stcps to rnake ;:u:f� th�� no tice remains posted on the ;ront door of t.l�t� 1i (� Council actinn, resolution to contai�z frnd- cPnsed premiGeG. and failur� t�� takt� suc}i rea�ori iiigs. V1��ere t.}ie cuur►cil t�es ad��erse dctiun H�iL}� able precautions may be grotinds for furttier respect to a iicense, Iicensee or applicant for a ad��erse action. license,the resolution by«�hich such action is tal�- �� I��positiai ojc.osts. The council ma�impnse en sha31 contain its findiri;s arad determuiation, upon any licensee c,r license applicant some or all including the imposition of conditions, if any. The of the cost..S of a contested hearing before an inde- counci] may adupt a]1 ar part of the fi.zidings, con- p�ndent hearing examiner. The costs of a contest- clusions and recommendstions of the hearin� ex- ed hesrir►� include, but are not liozited to, the cost ami.ner,and incorporate the same in its resolution �f the administrati�•e law judge or independent takine the ad�-erse acti�n. he�ring examiner, st.enob aphic and record�n� costs, cupying costs, city staff'and attornev time (g) Addt:ti.onal proc�dures cchere required.V4�here for w•hich adequate records have been kept, rental the pro«sions of auy statute or ordinance require of rooms and equipment necess� for the hear additional notice or heari.ng procedures, such pro- ��, �d the cost of expert witnesses. 'f'he counci! �zsions shall be complied with and shall super- m3�• impose all or part of such costs u► :uiy gi�•en sede inconsistent.pr��i�iqns of these chapters.This �d�e if (il f.l�e �u�ition, claim or defc�n.e of t.}te shall include, without limitation by reason of this licensee or applicant �v;�� frivolous, arbitrary ur specifc reference,Minnesota Statutes,Cbapt�r 364 capricious, made in bad faith,or made for tt�c:pur and Minnesota Statutes, Section 340A.415. ppse of delay or hara;smez�t; (ii) thr i�:at,iire of tl�e� violation was serious, or i.n�•olved violerice or Lhc� (h) l�iscreti.on to hear notu�ithstanding with- threat of violence b�' the licensee �r employec�:: drawal or surren.der oFQpplt:cation or license. The thereof, or involved the ,ale of dn�hs by ttie iic council may,at its discretion,conduct a hearing or ensee or employees tbereof, ancifor the cir�um- direct that a hearing be held regardi.ng re�•ocation ;tances under which the v�otation occurred �•ere or denial of a license, notwithstandi.ng that the a��ra�ated and _.crious; tiii) the �-zolatic,n create�i applicant or licensee has attempted or purported ;� tieriou� danger to the public he,aith, safc�ty or to withdraw or surrender said license or applica- wtlfare; livl the violaiion involved unrcacc�nable tion, if the att�mpted w-ithdrawal ot surrender ris� of hArm to vulnerable persons, or to per��on�. took place after the applicant or licensee had heen (or whose safeLy the t;ceiisee ur tiE��lic:int ia or notified of the hearing and potentis] adverse ac- was responsible, (v) the applicant or� lice�t;c�e ti�� tion. sufficiPntly in c�ntrnl of the situation and there� fore cuuld ha��e reasonably aLoitled the viol:�tion, (i1 Continua�:ces. W`here a hearing for the pur- such as but not limited to, the nonpa�-ment o(' a pose of consSdering retiocation or suspension of a required fee or the failure t� rPn�w YPquired ui- hcense or other disciplinary action invol�-ing a li- surance policies; (��) th� .iolation is covered b�� cense has been scheduled before the council, a the matrv:in sectian 409.'?6 of ihe Legislative Code; continuat.ion of the hearing may be�anted by the �r(vii)the��iolati�n invoh•ed the sale of c��arett.<�� council president qr by the council at the request tu a minor. of the licensee, license applicant, an interested persun or an attorne�� representin�the foregoinb, (il Impositivn o�f�nes. The �ouncil may impuse upon a sho�ving of�ood cause by the party makzng a fine upon an��li�ensee or license applicant a� an - t11E reqUest. adverse license action. A fine may be in such Supp. No. 30 `L029 FEB—�b-1'�'�6 1�'� 1^ FF.'Llhl i=t T'r' HTTOF'I IE'r'=. UFF[i=E TO '?;-1'?=•r",r,�. F',i t.1 . (�� c�� $310A5 L�GISLP,TIVE CODE amount as the council deems reasoneble and ap- (3) The license was issued in violation of anr of propriate, having in mind the regulatory and en- the provisions of the Zoning Code, or the forcement purposes embodied in t.he particular li- premises�+�hich arE licensed or w•hiCh aze to censing ordinance.Afi.ne ma�•be in 3ddition to or be licensed do not comply �•ith applicable in Iieu of other adverse action in the sole discre- health, hou�ing, fire, wninr aod buildin; tion of the council. io the extent any other pro�-i- codes and rewl3tion� sion af Lhe Lerislati�e Code pro�-ides for the im- position of a fine, both pro.�i;ions shall be read ��? The licen�e or permit was issued in ri<,la- toget.her to the eatent possible; pro�7ded, hou�e�'- tion of law, ��thout authoritv, or under a er,that in the case of any cun�ict or inconsist.ency, material mistake of fact. the uther pro�zsion shall be controllina. r5� The licensee or applicant has failed t.�com- (Code 1956, � 510.05;Ord. I``o. 17551, § 2,4-19-8b; ply w�th any coociition set fc�rth in �he li- 4rd. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 176�9, cense, or set fortb in the resolutio❑ Prani.- § 1,6-13-89; Ord. No. 17911, § 1. 3-10-92; C.F. I�To. ing or rene��-ing the licen::E�. 94-46,§ 7,2-2-94;C.F. No. 94-g98,��2, 3, 7•13-94; 16) a. The licensee or a licant (or any �c r C.�'. No. 94-1340, § 2, 10-19-94: C.F. No. 97-4i3. � san whose condu l may by lt3w beFim- 4, 5-31-95) put.ed to the liceosee or applic.a-nt} has ��olated,or performed any act r��hich is Sec. 310.06. Revocation;suspension;adverse a violation of, any or t.hP pro�zsions of actions; imposition of comdi- these chapters or of az3y statute, ordi- tions. n3nce or reb ilatian reasonably related (a) Coun.cil may ta.ke a.clUerse o.ction. The coun-- to the licensed activity, regardless of cil is suthorized to take adverse action, as defined < Whether criminal charges have or ha�•e i�u sect'ion 310.01 above,a�ai.nst any or a]]licensea not been brought in connection there- or permits, Iicensee or�applicant for a license, as� with; provided,in and by these chapters. Adverse ac- b. The licensee or applicant.has been con- tions against entertainment licenses issued under victed of a crime that may disqualify Ghapter 411 of the Legislative Code may be initi- said applicant from holding the license ated for the reasonS se't forth iz1 subsecLion (b) in question under the standards and below.or upon any lawful grounds which are com- procedures in n4innesota Statutes municated to the license holder in�-iting prior to Chapter 364; or the hearing before the council. Such actions shall � be initiated and carried out in accord3r►ce with �- �e lzcensee or applicant (or any per- the procedures outline in section 310.05; pro�-id- son «hose condu�t may by law be im- ed,however,that the formal notice of hearing shall puted to the licensee ox applicant) tia� be used to initiate the adverse action ��ithout the engaged in or permitted a pattem or use of prior procedural steps. practice of conduct of failure to cornply with laws reasunablv related to the li- (b) Basis for actiwa. �Such"adverse' action "may� censed activity or from which an inPer- be based on:one�(X) or viore of the following rea- , ence of lack of fitness or good charact.�r sons, which are in addition �t.o an�• other reason may be drawn. specifically provided by law or in these chapt.ers: c7? �-,e acti�7ties ofthe licensee in the IicE�ns��l (1) The license or permit v��as pro�ured by mis- acti�-icy created or have creat.c�d :i sf�rious represe.nta�ion oi'material facts, fraud, de- danger to the public health, s�fety or wel- ceit or bad faith. fare, or the Lcensee performs or has �e�- (2) The applicant or one i 1) acting in his or her formed his or her work or acti�ity in �,n behalf made oral or«-it.t.en misstatements unsaf'e manner, or misrepresentations of material facts in (3) The licensed busines�, or the �vay in whicF� or accompany-in� thE application. such business is c,perated, maintains or per Supp.No. 30 `L�$0 FEE,—�r�-1'�'�+r, 1�� 14 FF'C�I°1 �: (T'r' fiTTi=iF'IdE`r'c; OFF1�=E T[i �=+-_J�=+��t�t�`. F�,i:i`�. q�- � �g0 1.icehsES . ;�e c+�, � '� mits conditions that unreasonably anr►o��, (12) The licensee or applicant has �•iol�ted �ec- injure or endanger the safet,y, health, mor- tio❑ 294.01 of the l�e�islati��er Code, c�r has als, comfort or repoce of any considerable made or attempted to ma6e a prut►lhit<�d E�a number of inembers of [he public. parte contact�-ith a council member aG pro• ��ided in section 3I0.05(c-2) of the Lr;isla- (.9) Failure to keep sidewalks or pedestTian waSrs tive Code. reasonably firee of snow and ice as required under Chspter 114 of the Saint. Paul Leg- The terms "licensee° or "applicant" for lhe pur- islative G�de. �ose of this section shall mean and incl�de an}• person x•ho has any int.erest, wliether as � hulder (10) The licensee or applicant has sho�rn by past of more than fi�•e (5) percent of the stock of a cor inisconduct or unfair scts or dealings: phys- � ical abuse, assaults or �-iolent actions done poration, a� a �artper, or otherwise, in the prc m iscs or in the buainess ur acti�ztv �chich ar�� li- to �thers, including, but not limited to. ac- cenGed or proposed to be l�cecsed. tions meeting the de5nition of criminal,�e�- ual conduct pursuant t.� Muinesota Stat- WZth respect to any license i`or a�ti��ities eatit.leci utes Sections 609.342 through 609.34:i1; to the prutection of the First�meadment,n�t.�-ith sEr.tial abuse, phy�ical abuse or maitreat- st�nding the foregouig pro��isions,neither thr lack ment of a child as defined in :ltinnesota Stat- of good cnors] character or fitness of ttie E icE�nsec• utes Section 626.556,subdivisiuns 2 and 10e, or applicant nor the content of the proterted 5p��ch including,but not linuted to,acts which con- �r matter shall be the basis for �dverse actaon stitut�e a viUlation of Min.necota Statutes Sec- d��st the license or applicAtion. tions 609.02, subdi�-ision 1.0; 609.321 �c) Imposition ojreQ.son�ble condat.cons on�f/or through 609.34�1;or 617.246;neglect or en- restrictions. �'hen a reasonable hacic i� fuun�l t�� dangerment of a child as defined in :vlinne- �mpose reasonable conditions and/or restrictivns sota Statutes Section 626.557, subdivision ��n a license issued or held undf�r these chap 2; the manufacture, diGtribution, sale, gift, ters, any one (1) or cnore such rEasonril�le condi- delivery, tra.nsporLation, exchange or bar- ��ns�d/or re�trict�ons ma�•ix�im�sed u��c�n �uch ter of a controlled substance as defined in Iicense for the purpo�e of promoiin� public healtti, A2innesota Statutes Chapt.er 152; Ehe pos- s;�fety and welfare, of ad��ancin� tl�e puhlic pc�.�cc session of a controlled substance as defined �d the eliminati�n of Condi[ions or aciions th�,t in A4innesota Statutes Chapter 152 in such con�titute a nuisance or a detrirnent tn the peac�� qaantities or under circumstances r vin; ful en,joyment of urban life, or proniot�n� secunty rise to a reasonable inference that the pos- and safety in nearby nei�htx�rhnc�c�s �uch r��ason SESSion was for the purpose of sale or dis- able conditions anci/or restrictions may incJude or tribution to others; or by the abuse of alco- pertain to, but are not liroited to: hol or other drugs, that 5uch licensee or applicant is not a person of the good moral �I) A limitation on tl�e tiuurs uf oNeration of character or fitness required to engage in a the licensed business or establi�hment, or on particular typP. �f �cti��ities conducted licensed acti��ty, 6usiness or profession. in or on Gaid business or esLablishmeot; (11) The licensee or applicant has materiaily (�� A limit:�tion or restriction as t.o the location changed �r permitted a material change in �v�thin the licensed t�usiness or estahlish- the design, const.n�ction or confi;uration of inent �+�hose (sicl particular ty�pe of act��i the ticensed premises w=ithout.the prior ap- ties may be conducted; prova]of the city council in the ca=e of Glass III licenses,the director i.n the case vf Class �31 A limitation as to the mean� ��f iniarF�ss c�r I1 licenses, and the inspector in the case of egress f'rom the l�censed establishn�c�nt or Class I licen3es, or��ithout first having ob- �ts P��g 1ot or immediatEly adjacent arc�; • t.ained the pr�per building permits from the 14) A requirement tu pra�iae uQ'-sl.rr�t, parkin� . city_ in excess of other requirements uf la��, Supp. I�o. •3p 2U31 FEE��'S-1'�'�6 1�� 1� FF'i�f'1 C I T'r' HTTi iF'I IE'i"=� L�FF I CE Tt=� '�!_:l��r,r�. F�,[�r� a�o-�� ? 31U.UG LEGISLATfI� CODE (5) A limitation on the manner and means oi' (5'► The extent t� which a��•er�e ;��t.i�n aq;�inst. advertisinb the operation or merchandise less thsn all of t��e licen�es ur a�Nlical.iuns of the licensed establishment.; K�ould result in difficulty in enforcing and l6) Any other reasonable condition or restric- mUnitoring the adverse action taken; tion limit.in� the operation of the 3icensed i6) The hardship to the licensee or applicant busi�iess ar establishment. to ensure that t.hat would be c3used by appl��ing adv�r�c, the business or establ�stunent wzll harmo- action to all licenses �r applicatio��s; and nize a-ith the character of the area in which �;� The hardship and/or dan�er to ihe public, it is located, or to pre�•ent the development or conti.nuation of a nuisance. or to the public health and µelfare, tt�at r�•ould recult froni adverse action again::t The inspectur may impose such cunditions on Class less than all of the licenses or applications. I licenses�vith the consent of tbe license holder,or (Code 1956, � �10.06; Ord V o. 1'�`�84, � 1,8 2� �f;; may recommend the impo3ition of such conditions Ord. No. 17657, � 15, 6-R-F�9; (�rc1. '�n 17F;;q, � ?, ,s an ad��erGe action against the licPnse ur licens- �,.�3-89: Ord. No. 17901, §§ 2. 3, 1•1-3-92; Orc�. N�� es;the inspector has the same power tivith respect 17917, §� 2, 3, 3-31-92; Ord .1'0 �792`l, S 1, �-2r3 to Class II licenses. The council may impose such g�; C.F. No. 94-500, § 3, 7-6-9-1; C.�'. tio. 94 13�30, cvnditiu�as on Glass III licenses w�ith the consent § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-9�1 of the license holder, ur upon any class of license as an adverse action against the license or licens- Sec. 310.07. Termination of licenses; surety es fallo�ving n�tice and hearing as may be re- bonds; insvrance contracts. quired. Such conditions may be imposed an a li- cense or licenses upon issuance ar reuewal therEOf, (a) Automatic ter»�.rnatio�, reinstatement; re- or upon and as part of any ad��erse action against sponsibili.ty of licen,see. All licenses or permits�•hich a license or licenses, including suspension. Con- must, by the pro��sions of these chapters or other ditions imposed an s license or IicenseG shall re- ordinances or law•s, be accompanied by the &ling main on such licenses when reneK�ed and shall azid maint�nance of insurance policies, deposzts, continue thereafter u.ntil remo�'ed by the council guarantees,bonds or certific.ations shall automat- in the case of conditions on Class III licenses or ically term.inate on cancellation or withdrawal oC conditions impused by ad�erse action, and by the s�� po[i�ies, deposits, bonds or certi&cation.5. No inspector in the case of�Ctass I and II licenses. licensee may continue to operate or perform �he (d) StandQ.rds for multiple license deter�nina- licensed activity aR.er such tc:rmination. The lic� ti.on.. Iq an,y case in which t.he council is autho- en`ee i$ liable and responsible fur Lhe filing and-_ rized to t�e adverse action against less than all ��tenance af such policies, deposits, guaran of the licenses held by a licensee, or applied for by �es,bonds or certifications as are required in thes� an applicant,the following standards may be used: chapters, and shall not be entitled to asset•t tlie acts or omissions of agents, brokers, employ�E�s, (11 The nature and gravity of the grounds found attorneys ur any other �c-�uu: .ib a defense or by the counci] to eaist upon �vhich the ad- justificstion for failure to comply with such Filing verse action v�ould be based; and maintenance requirements. In the event. t.hr, (2.) The policy and/or regulatciry goals for the IlCPr1CP.P YP.1T1St2tP5 aIICI fl�E'S SllCF1 �(�I�CIE'S, depo� particular licerlses in�•olved, either 8S em- its, bonds or certifications v�•ithin thirtiy (30) days, bodied in the Leb slative Code or as found the]icence is automahcally reinstated on the sam� and determuied by t.he council; tern�s and conditions, and for the same penod a� originally issued.After thirty t30)days, Lhe ap�li- (3) The interrelationship of the IICP.TIRQS and cant must reapply for a renewal o{ }us licen:;c,• a. their relatit�e importance to the overall busi- though it were an origina] application. ness enterprise of the licensee or applicant; (4) The management practices of the licen.ee �b) Bonds and insurance requ�rements: or applicant ��ith respect to each of such (1) Surety Compazues: All surety bonds nin- lirenses; nicig to t}ie CiLy of Saint Paul shalt be��rit- Supp. No. 30 2032 T�-1Tf�L F'.l)r.:, _ ��1�� < TRANSACTION REPORT > 02-25-1996<SUM 23:25 C R E C E I VE ] N0. DATE TIME DESTINATION STATION PG. DURATION MODE RESULT 11349 2-25 23:20 612 298 5619 6 0°04'SS" NORM.E OK 6 0°�4'S5" Page �of� • ST P GE ERALE EPORT MENT • �� - ` FJ�� Day Month Date Yea� Time: Squad: Team: Offense: �, o . : �3 ..�� ,� ay � C'� !��0 1� � � � � �� Class: _` Location of CaU:_ __ l tion of Crime Scene: Time of Anes U GJ � Q - s . n, f,U o� 7 S- �i i'�l Time&Date of Occurrence: 'l Bus.P Home Phone: Oxurred ❑ At Between:�� hrs.on �.�O��S and �'3l� hrs.on i�.��..�� ComplainanYs Name(Last,First,Mlddle): Address: ap sr► Articles Recovered: Disposition: � Reco ri �C m L�l� � o e oom , , , , ,; ; � : _ ' ::: :j �: -��< :.,.: � ��:: .... ; . ;..:. :::.:: �.:: �.a . >.:�3u'�#�X�a��..r,»�> �� .::: . �.::�:� �` �� . .; .. .;.; ..;' . . ..,:; ...:... . Arrest Number Last Name First Middle Address DOB Age Sex Race .�,,,A9 0?�� /1�fFFE,e%� We.� .s�-�i %� �v�7.S. .�•r��i�/ 1'�/6 s/1�r� s�fi C __- ,l _ �/�0« TU /�EF'T 1��-v<,'�,n�� dvE �f ON �.� ��° . � , .� ,�t�i»,<��./r!/j�/. ---'-°--_,�,,..�.. / �".� � �ai��l,D �� 5�:,� SfvE�.O� EGPc6 l�Arr,:vc j.G� ,0l1: ��Va-� 1'.U6 ��•�i a�o�. �v�Os GQ6.cJ +��:, ,��»�.... �--�`�. _��`�..�rd�� `; �'��".� �' ��'•'� T.�/6 �G,oCE .Cf:GUi.(��' %�(/6 �4[� L�F2E �G�.:r.�� ,,��N� ,Gr �.��u o;�6� ,S T,�6�> �-� � /�,E% !u r7'� �i,uc��24.tJ l'.!/�/vF �1.'�/Z� 1� /�G'� �/G�C6�✓ i�'✓/'�lr f1Efa� ��+OU% °�(/6 .��sf �.G.'�X�•vd N.v� 1,��k Of .�Ec�Rit`T r�,��f .�/ �� .-�S�C�, .�Q�,al N�'Q ,06� S6-fi�' Tv �� S- �ryi//'�l ;a.�c.ER �ti T�li� �6v��G O,v Q PTfOa2iGp f6�/i �.d�0 Uj1��p�"eL`� �GPL6 e1�r''f�D6 DF/�� . n . ? ��I�. � - W�.,.�!I�;�'�b�:'_�i�1'��"�� ?°±�1� Qi` %�6 ��j'/.s� �4r°�.5� /-!V�l� . +r � . .. .. �:�..W..�,� �- _ ° ,� � ^ '. '- �y eY': ,Q '.:. �..AS !� , l�GG�4S�"l'S ��,�`r� ir��U�i�'f �' �� Q � ' - � . • Q . � 90090T56 �� IIII IIII IIIII III�)IIIII IIII�II�II IIIII IIIII(IIIII I Assisting Officer: Emp.No.: Repo ' cer r 'I Emp.No.: Ja V Report Reviewed By: Emp.No.: O.T.: Typi R Code: Na �Yes No " ❑Hom ❑Rob ❑Juv ❑Coord ❑ID ❑Lab �Rec eam � ❑ D/C ❑Burg ❑Theft Q Prop ❑CAU ❑F&F❑Auto ❑ DAO ❑CO � Re The License AQplication of Camernon - �ronp, LLC d/b/a Smrth Avenue Rental Ha�i' City's Ezh. No. 1 � ST. PAUL POLICE DEPARTMENT � Page %�� ot � • GENERAL REPORT ' ;�� 0 Month DatQ Year Time: Squad: Team: Offense: . ��`� '�. �i�� f� C � .�� a %- L,� �, •.� ..� Class: Location of CaR;_.__ Location of Crime Scene: Time of Arre : �� . 0 � a �. ss,�,�f Time 8�Date o!Occurrence: Bus.Phone: Home Phone: Occurred At❑ Between: ��d hrs.on �°Z�j�9S and hrs.on Complainan s Name(Last,First,Middle): Address: ' Articles Recovered: Disposition: � Records � Crime Lab Lxker �Crime Lab � Property Room ;: ;. ':`:.. '.;.. � ': :; ;� s r __._....... _.. .. ......... . _ ,.: :�: _ . .; _ _,<.; 9 ,:...:. Arrest Number Last Name First Middle Address DOB A e Sex Race __ _- _ _ _ _ ... . _ �., _ _ � ��-r- ,,�'',�i%!Z�� -- - .__. _ __. . _ __. __ _. _ _ _... _._ __ _ ____- . _ _ ___ _ _ _ __ __. _.._ _ _--- _...._.... _. _ _ _ __ _ _ __ _ __ _ _. ,..--_____ _ __ __ __ __ __ __ _ _ _ _ __ _ _ _._. _ _.__ _ _ _ _ --— --- — - - _ �� __� _ _ _ _ . _ __ _ __. __ �AR 21_199.6_ " , . __ Z ------ ---- __ _ ____ _----------- . __ __------- �'��-- �� _ v� ___ __._ ____ _ _ _. � � _ � . � _ _ _ ___ � . � _ _ _ _ _ __ _ _ _ � S69L6T56 \,� . . IINIIilill�llllllll�llllillllllll�l�llllll�l '„ . _ __ _ _ _ _ . _ _ _ _ � Assisting Officer: Emp.No.: Repo�ting Offi Emp.No.: '�_ �� O/�2 � M��.�. Report Reviewed By: Emp.No.: ❑O.T.: � ypist: �� Code: o.Eqtry: Yes o 7L�. ❑Hom ❑Rob ❑Juv ❑Coord ❑ID ❑Lab �ft"ec �'Te� ❑ D/C ❑Burg ❑TheR ❑Prop ❑CAU ❑F8F�Auto ❑ DAO ❑ CO In Re The License A�plication of Cameroon 2R - �roup, LLC d/b/a Smith Avenne Rental H�It �a` - City's Ezh. No. 2 � CONTINUE NARRATIVE HERE • On December 29, 1995 I receiv�ed informatia�that the hall at 627 S Smith was rent�ed out for a � `:a also received a capy of the(LICENSE CONDITIONS FOR RENTAL HAL.L AT 627 S SMI'I�i A�. Number 6 of these aanditiaas states;'Ihere s68ll be no ssle of liquor or beer to$nyme aa the premiaes et mry time-The csiy will oonsider the oollectian of en entry fee or admisaian charge or danatiaai as a sale of liqvor or beer,if such a fee is chazged or collecbed wh�alc�o�ol is being served or cansumed on the premises. I sbapped at the hsU at about 2I00 hours aai I2-3 I-95. I obaerved that . �i�i��r�People paying this admissiaa w�ere then give�a red ticdcek Ti�is red dc�cet thea entitled them to get alcoholic beverages free aIt night I Iocated the person who said he was in cdzarge of the party a#the�(Yabeanea Zemedhim, 3326 Univeraity Av S.E.,Mpla,Mn. 55414,33I-3635,247-I I44) I told Zmnedhim that he could not charge an adrnis�an fee and then provide alcohol. I told him thia was a violatian of the license agreeinent with the cxty and the rental hall. Zemedhim said it was far a na�-profit organizati�. I t�ld him it did not matter where the maney was going. c� � We then w�ent t�n the affice and talked t�o the an sibe mansger•,Diana Youna. Young pulled out �e rental conh�ct d�at Zemedhim had signed It was da�ed 11-20-95. The oontract had a sectiaa - that said the renber could nat sell alcohol but was required t�pravid�e it if�ere was arry. Zhe vwrding was not v�ery clear. Thera was no oopier on sibo so I could not get a vopy of this con�ack I ehowed Zemedhim aad Yovag t�e Iice�se conditiaa�s from the city. The�both said they had not aeen this befare. Tlus agree�ment is dated I2-I 1-95. It was sigaed hy Mr C�reR L�a��12- I495. I located a c�opy of this agreement aai the d�aslc m the office. Yrnmg said she was not informed of these rules. Because the c�a�t�ract that Zemedhim si�ed was dated 1 I-20-95,I tvld him I vwuld allow him t�c�aatiaue for toaigh� I mada it clear to him that he was in violatiaa and�at this would never be allowed agaia. I told Zemedhim and Young that I would be vvtiting a report to the city lic�se division about what was h�g there. I aleo told Zemedhim diat if the police were called to�e hall for arry fighfs,noise ooa�plaints�or other illegal aativitiea,the party would be immediabely shut down and ev�e would hav�e tio leav�e. He said he und�arsbood and would�ee t�it that there w�ere no problems. There were no police calls to this addrees for the eatire eve�ning. It�bn me th�tt Mt Lm�did not do a very�ood job of infa�rning his staff aud customers of the licanse�I�i'is c�atract�oould possibty be�oafi�siag to the renter. If his ooatracts w�ere cl�god�tio inoo�po�ated the licease oonditia�s and�e re�ter aigned off a�these c�ditions,$iere would be no eacCUSe for a:ry violatia�s like the aae that occvned on I2-31-95. The police deparhneat eould fha�talce immediabe e�fom,emmt actiaa whm there waa a violatia�. � SEND COP'Y TO CI1'Y LICENSE,INSPECTIONS AND EN�ONMENTAL PROTECTION,ATTENTION KRLS S . - q� � l �g0 STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. CITY OF ST. PAUL ) I, Frances Swanson, Deputy City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No. 96-105 as adopted by the City Council on January 31, 1996 and approved by the Mayor on February 6, 1996 with the original thereof on file in my office. I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS, my hand and the seal of the City of Saint Paul, Minnesota this 9th day of May 1996. �/�Q C� DEPUTY CITY CLERK ■ � In Re The License A�plication of Cameroon �roup, LLC d/b/a Smith Avenue Rental Ha�t' City's Ezh. No. 3 , � . ��%�-�/�- Council File #` � 'M,E � �o� '� _ , , 3,� qG _ q� I 5�� Ordinance #� Green Sheet #` 3 S RESOLUTION CITY OF SAI T PAUL, M NNESOTA Presented By � ' ,� - � ��'� . '" Referred To Committee: Date has been 1 RESOLVED: That _r�3��-�� (ID #87364) �o-r a Dance or Rental Hall Licens� applied for 2 by Cameroon Group LLC, DBA Smith Avenue Rental Hall (Gregory Langason) at 627 Smith 3 Avenue soutt��-aa�-4-,�e--sa��e.�s-��3�.�OUed-.��..�he_�a�.o�s�.�u} �„„�;_*;�„�• and 4 � G o 't-o s N S e�T id. 1 Al�c�.,�.� � -- - -- 5 1. The Hall and the entire licensed premises must be closed by 12:00 midnight each day 6 of the week, and no patrons, guests or members of the public shall be on the licensed 7 premises after the 12:00 midnight closing. 8 9 2. The licensee and its president, Gregory Langason, shall be responsible for making 10 sure that patrons, guests and members of the public exiting the hall do so in a quiet 11 and orderly fashion, so as to not disturb the adjacent neighbors. 12 13 3. The licensee and its president, Gregory Langason, shall be responsible for insuring 14 that one or more security persons are on duty at all functions taking place at the 15 Hall. Said security shall remain until all patrons, guests and members of the public 16 have left the area, and shall insure that none leaving the hall loiters around or near 17 the building. 18 19 4. The licensee and its president, Gregory Langason, shall provide a telephonic means 20 to contact both the licensee and the on-site manager at all times that the hall is 21 being used. The numbers for contact are: On-site hall manager, 298-1411 and owner, Mr. 22 Greg Langason, digital beeper, 643-5468. 23 24 5. There shall be no parking in the alley immediately south of the building, by anyone 2$ associated with the hall. In addition, the City will enforce the no parking ban for 26 residents as well. 27 28 6. The licensee and its president, Gregory Langason, shall be responsible for clean-up 29 of the outside area immediately adjacent to the hall, on a daily basis. 30 31 7. There shall be no sale of liquor or beer to anyone on the premises at any time. The 32 City will consider the collection of an entry fee or admission charge or donation as a 33 sale of liquor or bee, if such a fee is charged or collected when alcohol is being 34 served or consumed on the premises, and such sale will be deemed a violation of this 35 condition. 36 37 8. There shall be no sale, consumption or possession of liquor or beer on the part of 38 minors (anyone under the age of 21 years) . The licensee and its president, Greg 39 Langason, shall be responsible for adverse license action if a minor sells, consumes or 40 has in his/her possession any alcoholic beverage on the premises. 41 42 9. No alcoholic beverages, including beer, spirits or wine, shall be allowed to leave 43 the hall. 44 45 10. The licensee and its president, Greg Langason, shall provide a list of all rentals 46 on a weekly basis to both the Office of LIEP and the Central Team commander of the 47 Saint Paul Police Department. 48 49 11. The licensee shall provide a copy of this resolution to all parties renting the 50 Hall and shall post a copy in a place visible to all patrons, guests and members of the $1 public. � - qG - 1os INSERT#1 AMENDMENT FURTHER RESOLVED• that based on the public hearing and record received bv the City �ouncil on Januarv 31 1996 the Citv Council on its own initiative finds that there is a rational basis to refer this matter to an Administrative Law Judge for consideration of adverse action concerning this license application• and FURTHER RESOLVED: that during the period of time prior to the final decision bv the CitX Council re�ardin� this license. the ap�licant shall be allowed to continue operation under the followin� conditions: (Return to Page 1 of Resolution) qG - Lo5 1 12. Any violation of any of the foregoing conditions shall be grounds for adverse 2 action against all licenses held by the license, including suspension and revocation. 3 FURTHER RESOLVED, applicant appeared before the City Council on January 31, 1996, and agreed to these conditions in order to continue to operate at this site; and FINALLY RESOLVED; applicant acknowledges that any violation of these conditions during that period of time could be grounds for adverse action. �ga� Nays Absent Requested by Department of: B a ey ✓ Guer�n Office of License, Insvections and Harris — �e Environmental Protection —� m � T une � Bostrom Adopted by Council: Date 31 By° � Adoption Certified by Council Secretary Form Approved by City Attorney ✓ ��/ gy; B,Y: ,C/C r' wGC� � 'vt�- , Approved by or: . Date / Approved by Mayor for Submission to ; � Council By: � i� "� By: 2 . °t t� - �os DEPARTMENT/OFFICE/COUNCIL DATE INITIATEO G R E E N S H E ET N_ 3 5 5 2 7 CONTAC PERSON 6 PHO INITIAUDATE INITIAVDATE �DEPARTMENT OIRECTOR �CITY COUNCIL Bill Gunther, 266-9132 ASSIGN �CITYATTORNEY a CITYCLERK MUST BE ON COUNCIL AGENOA BY(DATE� NUMeER FOR � NOUTING �BUDGET DIRECTOR �FIN.6 MCaT.SERVICES DIR. !iJ � / RDER �MAYOR(OR ASSISTANT) � For hearing: � a � TOTAL# OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTED: ` Cameroon Group LLC DBA Smith Avenue Rental Hall requests approval of its application for a Dance or Rental Hall License at 627 Smith Avenue South (ID 4�57364) . RECOMMENDATIONS:Approve(A)a Re�eet(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING OUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �• Has this personRirm ever worked under a contract for this department? _CIB COMMITTEE _ YES NO 2. Has this person/firm ever been a city employee4 _STAFF _ YES NO _ DISTRICT COURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employeel SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO Ezplain all yss anawers on separate shset and attach to green sheet INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Whe�e,Why�: ADVANTACaES IFAPPROVED: DISADVANTAGES IF APPROVED: DISADVANTAGES IF NOT APPROVED: ..... _ .. ' _ _ TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDIt�G SOURCE ACTIVITY NUMBER F�NANCIAL INFORMATION:(EXPLAIN) . � �� IFJ�� A �Er.� �pr�� r� r � —'3 � - 9c. (NSc�T 1 ` � 3� � �1c. �.� rc �.�Y�.� b��o�h � �M�C o�r w��c�,� r R �-4'�._ 'I�� c�C_v � � ��.�C-' �T'�o-� �.. . � � t —�� ' J `3 I ) 1q � ` �. , � C� � ' � �. �� -�_ C " � � � �� ^, � � � �� . � � } � � .�-��./1SL , � �"� �' , �� ,�'1-r�`�P— (z� a��:�p '�'- � � � � _ . � � � �� , . � ��`""''`.� , �� t.�,.. ;�c� -�e� , �`� U � � � -�'� i � � ; �r ,� � i/� � � � � , I ' �1r S �� Z, ��r�c�.-r�.� R C� o�v� .4,,,,��- > � -� ' �-` � � � � C� � � � C� + --�- --�� ' t-�. G.i^�-�'`2/� �-- � � 'j= ��a./`� G� --{�-�a �� `\ � J �►tv��``" R�S �`L. �, � °`.c� � r -�� —z-�.��""�..s;.� � -�.�z � r, �f"s , ` , .. , .... �.� ,./�..�./�tic-�k �� .""'�',..�..-�c ��.� �'� n�� Council File # � � � j �• � •. t ri E Ordinance # ( �.,; i � ,° �_ 1 � �� Green Sheet # ''�'S`� � RESOLUTION CITY OF SAINT PAU , MINNESOTA �� Presented By` � ' — �,�,� � c • Referred To Committe� Date � 1 RESOLVED: That application (ID #87364) for a Dance or Renta H 11 License applied for 2 by Cameroon Group LLC DBA Smith Avenue Rental Ha�(Gregory Langason) at 627 3 Smith Avenue South be an d t he same is here by ap roved with the following 4 conditions: 5 6 1. The Hall must be closed by 12:00, midn" ht, and all patrons, guests, and 7 members of the public shall NOT be on the icensed premises, after the 12:00 8 midnight, closing. 9 10 2. The management of the Hall shall e responsible for making sure that 11 patrons, guests, and members of the �ublic exiting the hall do so in a quiet 12 and orderly fashion so as to not �turb the adjacent neighbors. 13 14 3. The management of the hall sh'all provide a telephonic means to contact 15 both the owner of the hall and�he on site manager at all times that the hall 16 is being used. The numbers fo,x� contact are: On site hall manager; 298-1411 17 and owner, Mr. Greg Langason,/digital beeper; 643-546$. 18 19 4. There shall be no parking in the alley immediately south of the building, 20 by anyone associated witl�the hall. In addition the City will also enforce 21 the no parking ban for �esidents as well. 22 23 5. The management o the hall shall be responsible for clean up of the 24 outside area immedia'tely adjacent to the hall. 25 % 26 6. There shall be no sale of liquor or beer to anyone on the premises at any 27 time. The City,�`''ill consider the collection of an entry fee or admission 28 charge or donation as a sale of liquor or beer, if such a fee is charged or 29 collected wher,� alcohol is being served or consumed on the premises. 30 ,� 31. 7. There sHall be no sale or consumption of liquor or beer on the part of 32 minors (an�one under the age of 21 years) . 33 34 8. No ��coholic beverages including beer, spirits, or wine, shall be allowed 35 to lea�e the establishment. 3 6 �� 37 9. he owner or manager of the hall shall provide a list of all rentals on a 38 we�y basis to both the Office of LIEP and the Central Team commander of the 39 S 'nt Paul Police Department. � � � �1 c� - �o s ! � • -- ,� � t' � t � ! �--� F`� ' - , � . �..._ � � � ,t� ,� �r` � �"� �,a s` � f � y ��. a �' �' ; �� a Y � � �. � � � Requested by Department of: Yeas Navsf Absent a e uerin .�� Office of License, Insnections and arrzs Environmental Protection e ar e tman — ;f une > r.zmm � By: Adopted by Council: D�"te J Adoption Certified b� Council Secretary Form Approved by City Attorney i - � � �-`��9�' By: By' Approved by May �: Date Approved by Mayor for Submission to Council BY= By: 2 . � Council File # ` "�� Ordinance � Green Sheet ,� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committe . Date �a►5 b��. 1 RESOLVED: That ap�� (ID #87364) �r� a Dance or Rental Hall License/�applied for 2 by Cameroon Group LLC, DBA Smi.th Avenue Rental Hall (Gregor Langason) at 627 Smith 3 Avenue south' ' • 4 1 ?� � N��T $ 1. The Hall and the entire licensed premises must be clo ed by 12:00 midnight each day 6 of the week, and no patrons, guests or members of the public shall be on the licensed 7 premises after the 12:00 midnight closing. � 8 9 2. The licensee and its president, Gregory Langaso , shall be responsible for making 10 sure that patrons, guests and members of the publi� exiting the hall do so in a quiet 11 and orderly fashion, so as to not disturb the ady�cent neighbors. 12 � 13 3. The licensee and its president, Gregory Laugason, shall be responsible for insuring 14 that one or more security persons are on duty,:%at all functions taking place at the 15 Hall. Said security shall remain until all p:atrons, guests and members of the public 16 have left the area, and shall insure that none leaving the hall loiters around or near 17 the building. 18 � 19 4. The licensee and its president, Gregory Langason, shall provide a telephonic means 20 to contact both the licensee and the ori-site manager at all times that the hall is 21 being used. The numbers for contact a're: On-site hall manager, 298-1411 and owner, Mr. 22 Greg Langason, digital beeper, 643-5•468. 23 %` 24 5. There shall be no parking in �he alley immediately south of the building, by anyone 2$ associated with the hall. In adc�3tion, the City will enforce the no parking ban for 26 residents as well. �' 27 f 2g 6. The licensee and its pres�ident, Gregory Langason, shall be responsible for clean-up 29 of the outside area immediately adjacent to the hall, on a daily basis. 30 ' 31 7. There shall be no sale��of liquor or beer to anyone on the premises at any time. The 32 City will consider the collection of an entry fee or admission charge or donation as a �3 sale of liquor or bee, if such a fee is charged or collected when alcohol is being 34 served or consumed on the_premises, and such sale will be deemed a violation of this 35 condition. 36 37 8. There shall be no sale, consumption or possession of liquor or beer on the part of 38 minors (anyone under the age of 21 years) . The licensee and its president, Greg 39 Langason, shall be�responsible for adverse license action if a minor sells, consumes or 40 has in his/her j session any alcoholic beverage on the premises. 42 9. No alcoholi beverages, including beer, spirits or wine, shall be allowed to leave 43 the hall. � 44 45 10. The licensee and its president, Greg Langason, shall provide a list of all rentals 4b on a weekly basis to both the Office of LIEP and the Central Team commander of the 47 Saint Paul Police Department. 48 49 11. The licensee shall provide a copy of this resolution to all parties renting the $0 Hall and shall post a copy in a place visible to all �.�atrons, guests a:d mcmbers c° the 51 public. • 1 12•. T,ny violaLion of any of the foregoing conditions shall be grounds for adverse 2 action against all licenses held by the license, including suspension and revocation. 3 - �,s�T '�`Z _ _ q(� - I a 5 ,. � , , , �� , � �� %` : , Yeas Na f Absent Requested by Department of: GuerPZ`n Office of License. Ins ctions and Har `s �� Me r Environmental Protection Re tman �une ` Bostrom �_ , Adopted by Council: Date BY' �L ��i�'"��-f Adoption Certified by Council Secretary Form Approved by City Attorney . B . .�� _ �-� gy, Y' ,C� xGG' � �titG � Approved by Mayor: Date Approved by Mayor for Submission to Council By: V` By: 2 Greensheet # 35527 L.I.E.P. REVIEW CHECKLIST Date: 10/12/95 ��°' �OS � In Tracker? App'n Received / App'n Processed License ID # 57364 License Type: Dance or Rental Hall COmpany Name: Cameroon Group LLC pgq: Smith Avenue Rental Hall Business Addresss: 627 Smith Avenue S, 55107 Business Phone: 298-1411 Contact Name/Address: Home Phone: Date to Council Research: Public Hearing Date: �-�,`-«�-°�� ///� Labels Ordered: 10/16/95 �.Z�j�p Notice Sent to Applicant: 10/31/95 District Council #: 3 91 mailed, 33 emailed, 10/31/95 3 interoffice 2 Notice Sent to Pubiic: Ward #: Department/ Date Inspections Comments � City Attorney Environmental Health Fire License S�ce Pian Received: �ease Fteceived: Police Zoning DECEMBER 11, 1995 � � � — �O S License Conditions For Rental Hall at 62? South Smith Avenue: 1. The Hall must be closed by 12:00, midnight, and all pat�ons, guests, and members of the public shall NOT be on the licensed premises, after the 12:00 midnight, closing. 2. The management of the Hall shall be responsible for maldng sure that patrons, guests, and members of the public exiting the hall do so in a quiet and orderly fashion so as to not disturb the adjacent neighbors. 3. The management of the hall shall provide a telephonic means to contact both the owner of the hall and the on site manager at all times that the hall is being used. The numbers for contact are: On site hall manager; 298- 1411 and owner, Mr. Greg Langason, digital beeper; 643-5468. 4. There shall be no parking in the alley immediately south of the building, by anyone associated with the hall. In addition the City will also enforce the no parking ban for residents as well. 5. The management of the hall shall be responsible for clean up of the outside area immediately adj acent to the hall. 6. There shall be no sale of liquor or beer to anyone on the premises at any time. The City will consider the collection of an entry fee or admission charge or donation as a sale of liquor or beer, if such a fee is charged or collected when alcohol is being served or consumed on the premises. 7. There shall be no sale or consumption of liquor or beer on the part of minors (anyone under the age of 21 years). 8. . No alcoholic beverages including beer, spirits, or wine, shall be allowed to leave the establishment. 9. The ow�ner or manager of the hall shall provide a list of all rentals on a weekly�basis to both the Of�ice of LIEP and the Central Team commander of the Saint Paul Police Department. VIOLATIONS OF ANY OF THESE RESTRICTIONS COULD BE GROUNDS FOR ADVERSE ACTION AGAII�TST THE LICENSE OF THE ESTABLISFIII�NT. Prepared By: Robert Kessler, LIEP Director ��' / _ j Agreed To, By: r---�1C '',!C�-�'�-t ��iJ��-- �Date ��/�f`�..� (� �r i LJ t(.�L 1.,"��j /?"j 'j u�j r� '� -.� ,_ - Y ��, l �� . � CLASS III _ ' � ctrY oT� ��rr Avt, LICENSE APPLICATION orr�«oc u«�,,��,� u►d Env'vonmtntal Protection �so s�r.+e S�s��oo s.�r.�l�a«. ssioz � (612)266-9090 Lci(612)J66�912� /�.� THIS APPLICATION 1S SUBJECT TO REVIEW BY TI� PUBLIC PLEASE TYPE OR PRINT IN INK �� Type of License being applied for. Ren t a 1 Ha 11 CompanyNamr. Camer��n C;ro �t, T.T f Corporation/Pumcrship/Sole Ropricwrship If btuiness is incotponted,give date of incorporation: DoingBusinessAs: Smith Avenue Ren al Hall BusinessPhone: 612-298-1411 Business Address: 6 2� Sm i t h A v e. S o. S t . P a u 1 MN 5 510 7 S�cet Addras City State Zp Between what cross streeu is the business located? K i ng & B a k e r VVhich side of the street? We s t Are the premises now occupied? Ye S What Type of Business? Ren ta 1 Ha 11 Mai1 To Address: _ 627 Smith Avenue So. � pa � MN 107 Street Addras Ciry State Zip Applicant Information: Name and Ticle: Gregorv Cheof u�i na Langason t�r,�,- �— F�c trr,am� �n�sz;a�> �t r,�� Home Address: _ 451 5 4th A��P S� Mnl c MN 554(19 Strect Addras Ciry Swe Zip DateofBirth: 05/09/57 p�aceofBirth: Camero'on HomePhone: 822-0589 Are you a citizen of the United States? Native? N� Natunlized? N� If you are not a U.S. citizen,you must have work authori�tion from the U.S. Immigration & Naturati�tion Service. Have you ever been convicted of any felony, crime or violation of any ciry ordinanc�other than traffic? YES NO �' Date of arrest: VJhere? Charge: Conviction: Sentence: List the names and residenccs of L�.rre pers::ns of geod inonf character,living wi:�:ir: L�e Twin Cities Metro Area,not rela:ed 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 Steane Nvoki 2020 Franklin East #1 Mpls MN 55404 6 �39 07 7 Cinta Foncha 41U5 14th Ave So Mpl � MN 55407 612-824-7363 Anyio AteQhan 3428 Harriet Ave So #3 Mpls MN 55408 612 822 6837 List licenses which you currently hold, formerly held, or may have an interest in: T.�c'PnsP� Prarti ral T�TI�TCP Have any of the above namcd licenses ever been revoked?,_, YES X NO If yes, list the dates and reasons for revocation: Are you going to operate this business personally? X YES NO If not, who will operate it? First Name Middle Initia! (Maiden) Late Datc of B'vth Home Addrus: Strut Namc City Swc Zip Phonc Numbct �'� ,b going to have a manager or assistant in this busincss? _ YES X NO If the manager is not thc same as the operator, se cornplcte the following information: ' • n�_ I �� r� F'ust Name Middk in'ttial (l�laidcn) list Due of Birth Home Addrsss: Strcct Name Ciry Sute Zip Phone Number Please list your employment history for the prcvious five (S)year period: Business/Emvlovment Address � Minnesota Veterans Home 5101 Minnehaha Ave. So. . Mpls . . MN 55417 List all other off:cers of the corporation: OFFICER TITLE HOME HOME BUSINESS DATE OF NAME (Office Held) ADDRESS PHONE PHONE BIRTH If business is a pa�tnership, please include the following information for each parn�er(use additional pages if necessary): See attached -- Fust Name Middic lnitial (Maidcn) Last Date of Birth Home Addrcu: Strsa Name City State Zip Pbone Number Ficst Name NLddle Initial (Maidcn) lact Date of B'enh Home Address: Street Name City Swc Zip P1wne Numbu MINNESOTA TAX IDENTIFICATION NUMBER - Pursuant to the Laws of Minnesot� 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 Reycnue,the Minnesota business tax identification number and the social sacurity number of each license applicant Under tbe Minnesota Goverament Data Practices Act and the Federal Privacy Act of 1974, we are requ'ved to advise you of the following regarding the use of the Muinesota Tax Idcntification Number. - This info�nation may be used to deny the issuance or renewal of your license in the event you owe Minnesota sales, cmployer's withholding or motor vehicle excise taxes, - Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However,under the Federal Exchange of Information Agrecment,the Department of Revenue may supply this information to the Internal Revenue Service. Minnesota Tax Identification Numbers (Sales 8c Use Tax Number)may be obtained from the State of Minnesota,Business Records Deparnnent, 10 River Park Plaza(612-296-6181). Social S�curiry Number. 3 9 4-8 8-2 5 6 2 . Mirmesota Tax Identification Number. 2 2 7 4131 If a Minnesota Tax Identification Number is not required for the business being opented, indicate so by placing an "X" in the box. � .::�riLAl1U,'� Ut WORKERS' COMFENSATION CUVERAGE PURSUANT TO MINNESOTA STANTE �76,�g2 ' , hereby cercify that I, or my company, am in comptiance with th� workers' compensatioa insurance covenge rcquirements of - Minnesota Statute 176.182,subdivision 2. J alsa understand that p;ovision of false information in this certificationconstitut�s sufficient gounds for advene action against all licenses held, including revocation and suspension of said licenses. Name of Insurance Company: � �p �`OS Policy Number. Coyerage from to I have no employees covered under workers' compensation insurance X ANY FALSIFICATION OF ANSWERS GIYEN OR MATERIAL SUBMITTED WILL RESULZ' IIV DENIAL OF THIS APPLICATION I hereby state that I have answered all of the prcceding questions, and that the information contained herein is trve and correct to the best of my know)edge and belief. I hereby state fiuther that I have received no money or other consideration,by way of loan, giR, cona-ibution, or otherwise, other than already diulosed in tbe applica ' which herewith submitted. G�o'�1-�-- Signature D f a 1 applications) Date Attach to t6is application: 1) A detailed description o!ihe design, locatioa sad square lootage of tbe premises to be�licensed(sitt plan). The lollowing data should be on the site plan (preferably on an 8 1R z l l or 8 IR = 14 ' paper): - Name, address,and phone aumber. - T6e scale should be stated suc6 as 1" =20'. ^N should be indicated toward the top. - Placement ot sll pertinent features of t6e interior ot the licensed lacility suc6 as seating areas, kitchens, oftices, repair area,parking, rest rooms, etc. - If a request is for an addition or ezpansion ot the licensed tacility, indicate both the current ares and tbe proposed ezpansion. 2) A copy of your lease agrcement or proof of ownership of the property. `� C - I o..,S .. � � � � '� �r �I 3l a. �; . . . �w �•• ��•1, i.� r a�� I 4 � t e �� . eig�or�iooc��nme�Va�c ; . �� .�: ..,,��±�+� 2 ke �renu '�• ,ya� ..,.:. Y�,,,b,�: ,: S � au�' �. �. .� .?� ..�-.`,��.��d�.. �3�-� ��08N�.;�F �; �12��2 ,�-QI15 /�� ' � p�"!�`�t�. 1 ) / �,_ ' Serving St. Paul s West Side � � .`�.:�`�'�1��; � �,�-J r ^ rl r 6 {J�:J January 25, 1996 ��J�, • _ . .. . , �-� t t r.. City Counc:i[ President Dave Thune :. .��:.I_ t�� i��` Room 310 B City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 Council President Thune: � The Riverview Neighhe�rhood Crime Watch board of directors is opposed to issuing a dance or rental hall license to The Cameroon Group, doing business as the Smith Avenue Rental Hall at 627 South Smith Avenue on the West Side. This issue is slated for a public hearing before the city council on January 3I. This ac,�tion was taken in response to concerns from neighhorhood residents, one of whom has been an RNCW board member for the past five years and whose property abuts the rental hall. He and other residents around the hall have been regularly affected by late weekend night disturbances at the hall, many times long after the hall is to be closed. As you know, you have also made appearances.in the early morning hours when events in the hall have spilled onto the streets and property surrounding the hall. Also present on numerous occasions have been Bob Kessler, head of the licensing division, and the police. Over a three year period, 1993-1995, the St. Paul Police Department has records of 31 calls to the hall. Standing alone, those numbers are not out of the ordinary. However, on four dates, the pvlice were called back mvre than once to the same event. For example, on April 3, 1994, the police were called to the hall at 7:02 p,m., 8:58 p.m., and 11:51 p.m. On three other occasions, as late as November 12, 1995, the police were called twice within a matter of a couple of hours or even a few minutes. Because of questionable contract practices, staff not seeming to be aware of rules and city ordinances, apparent violations of contracts and city ordinances, noise, fights, injuries, litter from broken liquor and beer bottles, parking problems, increased traffic, events lastinQ until 4 a.m., public drinking outside of the hall in residents' yards, on the sidewalks, in parking lots and in cars, minors being served and clrinking alcoholic beverages, urinating in public, and public exposure, the Riverview Neighbonc��od Crime Watch board of directors believes it would not be in the best interests of the community to grant a ciance or rental hall license to the owners/operators of the Smith Avenue Rental Hall. . If you have any questions, please feel free to contact me. We do plan to have neighborhood residents at the hearing on January 31 to testify to the problems they have seen and personally encountered from events held at the hall. Sincerel , IV . . � -�-�� John Neess, Boazd Chairperson � 222-4417 • . � � � qL - ��s �: City Couneilmember Jerry Blakey City Councilmember Dan Bostrum _ Roam 310 A City Hall Room 320 B City Hall 15 West Kellogg Boulevard 15 West Kellogg Boulevard S Paul, M1�1 55102 St. Paul, MN 55102 ity Councilmember Mike Harris City Councilmember Roberta Megard Rcx�m 310 C City Hall Rcx�m 310 D City Hall 15 West Kellogg Boulevard 15 West Kellogg Boulevard St. Paul, MN 55102 St. Paul, MN 55102 City Councilmember Dino Guerin City Councilmember Janice Rettman Room 320 C City Hali Room 320 A City Hall 15 West Kellogg Boulevard 15 West Kellogg Boulevard St. Paul, MN 55102 St. Paul, MN 55102 . . � � t;yM��t�a's� ( ST. PAUL POUCE DEPARTMENT � - - � � /��, Page or / • GENERAL REPORT �v� ��g� ' Da Month Datq Year Time: Squad: Te m: Offense: �.�:�k�� _. �R '�o �� • . .�►� � S�U U= C ass: � Location of CaA�_____ Location of Crime Scene: Time of Arrest: l�2,� . , � Time 8�Date of Occurrence: Bus.Phone: Home Phone: Occurred At❑ Between: �Q hrs.on ^2"�G and hrs.on ComplsinanYs Name(Last,First,Middle): Address: Articles Recovered: � Disposition: � Records � Crime Lab Lxker �Crime Lab � Property Room <s < �:. ::.. , i: ' w w,�' a=: ; ,. � ;.:.,: ; ;, > , ..: . Arrest Number Last Name First Middle Address DOB Age Sex Rnce __ _ __ _ _ _ __ __ _ __ ___.... Sq. 681/Bandemer as a member of the FORCE Unit was assigned along with Off. Ax�eII to a detail at the Satith Avenue Rental I�all at 627 S. Smith. �Information gathered via St. Paul City Council _ __ . _ ._ __ _ _ _ __ ___ _ ._. Member Dave Thune _which was relayed to my Sgt. Coyle stated that there _ was_ a _party_ happening this _evening ___in which_ people _ were___ _ ___._ charged a cover charge and were allowed to drink all the beer they __ co.uld_. Sgt. ._C.oyle_ iastructed_ us _ tQ___enter.__ths ___premise__in___plaix�_-----_... clothes and attempt to pay the cover charge and procure alcohol. _ _ We__ en-te�ed the _ hall at _ahou�__213A _h�s,. _a�zd- we�e me� at- the ___ inner doors by a H/M , early 20' s, 5' 9", 160 lbs. , with a white T- _ _sYtir�, ar�c� a da�k_baseball hat _who eha�ged _�,xte�-3 $lfl fo�- ��t� t-vvo- __ of us to enter the hall. We then proceeded to the bar area wh�re _ _ we_ wer� _ served_ two_ tap beers f�r =ra aost: ,A short time later __i_.._ _ went back to the bar area and ordered another beer and introduced .. myself to the bartender who said his name was °Paul° . .I did no�--- - _� pay for those beers either. He told me that the party was put on by the band and that they were recording a Iive compact disc (CD) �------�- for them to sell. He told me that he worked for the band as a __ _ __ __ _ __ __ _ __ __ __ __ _ __ _.__ --- "roadie" . _ I would describe '!Paul" as a W�M� early._ 30's. 5'9"-6' 0° �_ ].7_Q _ _____ lbs. , short blondish hair. Iie was the only one behind the bar that _ was pouring. heer. and I_ did_ not_ sea__him_ acceg�---an�r mQae�c_ fo�__the. __ alcohol other than what was put in his "tip jar" . He told me that he sets _�p t�e_ stage fos the ba�c� -a�_�� _Y�e- psu�s--bees durir�g. their shows. There _were_ about_ 70 peop�e inside the_ �eli a�_ the time we Z entered and it appeared that some of the people were bringing in � _th�ir- awri-��aa�r�Y:-_ =t_was-unclear wheth�er- these� geag��_gascr at th� _. � door or not. After about 2-3 beers we left the hall to report to �. our__�g�.— o�yZe-w�iat_Tiacl� happened inside t�ie l�iar't_. __ _---- ___--- 1 ----_--- __ _ _ __ _ _ _ _ _ _ _ _ . _ c _____-------. ---_ _ __ _ _ _ __ _ ____ N � _ 8886Z096 ___ OQ' _ __ __ _ _ _ _ _ II�IIIIIil�llllilll�l�lllllllllllilll�lllilll _ �_ � Assisting Officer: Emp.No.: Reporting Officer: Emp.No.: U 1 Report Reviewed By: Emp.No.: O.T.: Typist: R.O n• Code: Name n : . �Yes � No �1�-' � � CHF ❑Hom ❑Rob ❑Juv ❑Coord ❑ID ❑lab .�� 'r ❑ D/C ❑Burg ❑TheR �Prop ❑CAU ❑FB�F�Auto ❑ � Rp The License A�plication of Cameroon� P�IL��2�� ron LLC d/b/a Smrth Avenne Rental Halt � City's Eah. No. 4 � . °aqi�d—� ST. PAUL POLICE DEPARTMENT � " �s$� SUPPLEMENTAL REPORT �CONTINUATION OF: ❑ ORIGINAL RE"�RT SUPP�ENTAL REPORT � ❑ • Date 8�Time of Report: OffenseJlncident: Team: Time of ARest: 3�-9� .`_' -� ,.� � �� - NaRRanv� , . , : : ,. _:. _ __ Arrest Number Last Name First Middle Address DOB Age Sex Race , sy�l 6'7� x i�c..�� ; P�- �-�- G.�Yc��, + :,�., �� ,�4 ti�� -� 6�7 S 5,,.�; � �/v�' � /�'vL l�172r� /TC.�-� 1 j ♦ � �, �7 C'it-.!'.�._� /✓l � � � /�, �_` � / �'l ��C�.�'O ✓l �� .v(.'.�-5 Cti— 1"JG`✓tCZ ��C�.-�r%✓t� �t" �-�.�,r c.�.��.�—�.- G_ilcv—c.�i ,�� _ �� Pes �� -��— _ �11 �c_._ b��- �v � c�-�-� c.��I�, ./�,f�� - ��_�- �,4.�;0�� w��- �.��--� f-�� i , .�-�- f� , �: �-�.---c;.— c�aa�-� w�.�5 _ a ,�/.�- _ Q , �rv� �'9"- �' // '� �'c:�r-f�, O'�b� /��' l7d ��y ,, ttiC�-�c-'.1 � , , - � � � _ � �ti��.�, �� .��- �-��,--f-� � � �� - �r� � . l�� .�;� �. �� .,� , � � �.� ,`• , Z o�9�� - �� c.�-� �c,,,� Cv v�z,�- r�_ ��. T' � !c_EL, ,, �� L7"�� _ (�' l�v_ ��-l� G�" �'i/l !�(� � !�. _ �_�✓� _1�-�� -'�� _ ^ (J� `f� G�v 7Lt��CS � i � � � , �r _ � _� � � � �� 1� � � (— - G'�c.�l c�� vip- ,�� 11`1 � � i1-��i�� -- -�1�-� > �� ...�,,�� v c��- 1-�-,�c1 s c.�.:.�►-,..-��J-� r-e.� �. • r, - G� iG _ lti �c� � _ _ __ _ � _ w�-- _��..�.�-- � � k�e�e�r- __�-��9 ? _ _G�-___t� _ _��__�-�'�'c°_..l�C�t' _ �' G.�,�-G: v� �%Z_°_��'_', � c:�e.._�__i-.� _ � � � t �o �� _ � �l _ _ - O _ _ _ _— —__— -- _ _ __ _ __ _ � � __ _ __ __ __ __ __ __ _ _ � _ _ _ _ _ _ _ c� _ _ Assisting icer. Emp.No.: RepoRing Emp.No.: rt Reviewed ByNnk Commander: Emp.No.: O.T.: ypist: R.O.: Code: Name Entry: ❑Y� ❑ �i' CHF ❑Hom ❑Rob ❑Juv ❑Coord ❑ID ❑Lab ' ^_ ^—_ � -._._ -- S. ,,1 ,i, �(� ❑D/C ❑Burg ❑Theft �Prop ❑CAU ❑F&F Q Auto ^L � � �PM 622-93R In Re The License AQplication of Cameroon ` ✓ �ronp, LLC d/b/a Smith Avenue Rental H� - �,/��yyy�� City's Eah. No. 5 ►:�, . ` . ."'. : :�- . - ■ �.. - .- - _ _.. . : . 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RS � Business Name . . . . . . . . . . . . CAMEROON GROUP LLC Address. . . . . . . . . . . . . . . . . . 627 SMITH AVE S Zip. . . . . . . . . . . . . . . . . . . . . . 55107 Doing Business As . . . . . . . . SMITH AVENUE RENTAL HALL ' License Name . . . . . . . . . . . . . DANCE OR RENTAL HALL Exp Date . . . . . . . . . . . . . . . . . 12/05/96 Insurance Carrier. . . . . . . . Ins. Policy Number. . . . . . . Insurance Effective Date. Ins. Expiration Date . . . . . NOTE AREA. . . . . . . . . . . . . . . . 13120 . PH NOTICE SET FOR 11/22/95 SENT OUT 10/31/95 . 91 MAILED, 33 EMAILED, 3 INTEROFFICE . PUBLIC HEARING CANCELLED FOR 11/22/95 WAITING FOR . LABELS TO NOTIFY PUBLIC OF CANCELLATION (TODAY'S . DATE 11/8/95) . CANCELLATION NOTICE OF PUBLIC HEARING MAILED OUT 1 . 1/14/95 . PH NOTICE SENT OUT 1/4/96 HEARING SET FOR 1/31/96 . 91 MAILED, 33 EMAILED, 3 INTEROFFICE Press <RETURN> to continue. . . Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° . 1/31/96 APPN FOR NEW DANCE OR RENTAL HALL APP'D . C.F. #96-105 . 2/7/96 LICENSE NOT TO BE MAILED PER BOB KESSLER . UNTIL FURTHER NOTICE DUE TO ADVERSE ACTION-LAP Tax Id. . . . . . . . . . . . . . . . . . . 2274131 Worker Comp Exp Date . . . . . Telephone. . . . . . . . . . . . . . . . 298-1411 Press ' C' to continue, ' P' to print, or 'R' to redisplay. . . Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � � In Re The License AQplication of Cameroon �ronp, LLC d/b/a Smi h Avenne Rental H3�t City's Ezh. No. 7 , � � � OFFIC� THE CITY ATTORNEY Timothy rx, City Atrorney CITY OF SAINT PAUL Crvil Divisron ��_ � J�o Norm Coleman, Mayor 400 Ciry Hall Te%phone: 612 266-8710 1 S West Kellogg Blvd. Facsimile: 612 298-5619 Saint Pae�l, Minnesota 55102 � February 20, 1996 Mr. Gregory Langason Smith Avenue Rental Hall 627 S. Smith Avenue Saint Paul, MN 55107 NOTICE OF HEARING Re : In the Matter of the License Application of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall Dear Mr. Langason: This is to notify you that a hearing will be held concerning your application for a dance/rental hall license under Chapter 405 of the Saint Paul Legislative Code at the following time, date and place : Date: March 28, 1996 Time: 9:30 a.m. Place: 1504 City Hall Annex 25 West Fourth Street Saint Paul, NIl�T 55102 The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings : Name: Phyllis A. Reha Office of Administrative Hearing 100 Washington Square, Ste. 1700 Minneapolis, 1rIIJ 55401-2138 Telephone: 341-7600 The Council of the City of Saint Paul has referred the question of whether to deny your license application for a hearing in accordance with the procedures of Sections 310 . 05 and 310 . 06 of the Saint Paul Legislative Code. Under those provisions you are entitled to notice and an opportunity to be heard. The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge will be that your application should be � ■ In Re The License A�plication of Cameroon �ronp, LLC d/b/a Smith Avenne Rental H�t City's Ezh. No. 8 ' , ' • • �C� ' �� approved, and the license issued with certain conditions . However, 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 such a hearing. It is anticipated that in this case there will be one or more requests for "interested persons" to participate or intervene in the hearing. The Administrative Law Judge may require such persons to provide written notice of the grounds upon which denial of your application will be urged, and the factual basis for such grounds . Motions will be made to determine the issue of intervention and notice in advance of the hearing date . You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The 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 may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400 . 7000 . Sincerely, -'�,t, � � �a.-��x-v� � Virgin�. Palmer Assistant City Attorney cc : Robert Kessler, Director Officer of LIEP Nancy Thomas Office of Administrative Hearings Sue Nipe, Director Riverview Neighborhood Crime Watch Sandra Levine, Community Organizer West Side Citizen' s Organization . ' ^ • • �`�/�gb STATE OF MINNESOTA ) ) ss . AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 20, 1996, she served the attached NOTICE OF HEARING on the following named person placing a true and correct copy thereof in an envelope addressed as follows : Mr. Gregory Langason Smith Avenue Rental Hall 627 So. Smith Avenue St . Paul, MN. 55107 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St . Paul, Minnesota. ., A JOANNE G. CLEMENTS Subscribed and sworn to before me this 20th day of February, 1996 . � - �z� CT Notary Public � RITA M. BOSSARD � NOTMY FUBLIC-MINNESOTA RAMSEY OOUNTY II�►oam►.Expi�.s,lri.st.�oo � �. • OFF�OF THE CITY ATTORNEY � Timot Marx, City Attorney � � � CITY OF SAINT PAUL cN,,nN,s�o►, Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710 1 S West Kellogg Blvd. Facsimile: 612 298-5619 Sarnt Paul, �nnesola 55102 � March 8, 1996 Mr. Gregory Langason Smith Avenue Rental Hall 627 So. Smith Avenue Saint Paul, NIlJ 55107 AMENDED NOTICE OF HEARING � Re: In the Matter of the License Application of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall Dear Mr. Langason: This is to notify you that a pre-trial hearing will be held concerning your application for a dance/rental hall license under Chapter 405 of the Saint Paul Legislative Code at the following time, date and place: Date: March 15, 1996 Time: 1:30 p.m. Place: Room 41 Ramsey County Courthouse 15 West Rellogg Boulevard Saint Paul, I�i 55102 The Administrative Law Judge assigned to hear this matter at trial will preside at the pre-trial hearing. The hearing was scheduled to deal with the consolidated prehearing motions filed by the City. You will have an opportunity at that hearing to determine the grounds on which denial of your license is sought by other participating parties, and the factual grounds therefor. The hearing on your application for a license is still scheduled at 9:30 a.m. , on March 28, 1996 in Room 1504 of the City Hall Annex, at 25 West Fourth Street, Saint Paul, NII�T 55102 . Based upon newly discovered facts, the recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge will be for the denial of the issuance of a license. Evidence will be presented to the judge in support of the recommendation for denial as follows : � � In Re The License AQplication of Cameroon �roup, LLC d/b/a Smi h Avenne Rental H�tt City's Ezh. No. 9 . � ' � • . � �� 5�� On January 31, 1996 Gregory Langason was given a copy of eleven conditions for the operation of 627 S. Smith, which he agreed to abide by while consideration of the issuance of a license was pending. Condition #7 stated that "There shall be no sale of liquor or beer to anyone on the premises at any time . The City will consider the collection of an entry fee or admission charge or donazion as a sale of liquor or beer, if such a fee is charged or collected when alcohol is being served or consumed on the premises, and such sale will be deemed a violation of this condition. " On March 2, 1996 a party took place at Smith Avenue Rental Hall during which people were charged a $5 . 00 cover fee and were allowed to drink all the beer they wanted. Sincerely, � � � � , a�Y,�e� 'C/� k CL��w�'L � Virginia D. Palmer Assistant City Attorney cc: Robert Kessler Director of LIEP Nancy Thomas Office of Administrative Hearings Sue Nipe Director, Riverview Neighborhood Crime Watch Sandra Levine, West Side Citizen' s Organization Pastor Tom Oestreich Harvest Fellowship � Rick Aguilar Smith-Dodd Business Association Cary Kimmel _ : '► � � (� -r54� � STATE OF MINNESOTA ) ) ss . AFFIDAVIT OF SERVICF BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on March 8, 1996, she served the attached AMENDED NOTICE OF HEARING on the following named person placing a true and correct copy thereof in an envelope addressed as follows : Mr. Gregory Langason Smith Avenue Rental Hall 627 So. Smith Avenue Saint Paul, MN. 55107 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St . Paul, Minnesota. .� O . LEMENTS Subscribed and sworn to before me this 8th day of March, 1996 . . ` i��l � `�� C.� Notary Public • � RITA M.ElUSSARD NOTARY PUBLIC—MINNESOTA RAMSEY COUNTY My Coirnri.Expir�s.Nn.3t,2000� ■ Y- � OFFI�F THE CITY ATTORNEY Timothy Marx, City Auorney ��j(,( �v i) CITY OF SAINT PALTL Civil Division Norm Coleman. Mayor 400 City Hal1 Telephone: 612 266-8710 1 S West Kellogg Blvd. Facsimrle: 612 298-5619 Saint Paul, Mrnnesota 55102 � March 29, 1996 Mr. Albert Usumanu Attorney at Law 4018 W. 65th Street, #111 Edina, MN 55435 AMENDED NOTICE OF HEARING Re : In the Matter of the License Application of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall Dear Mr. Usumanu: This is to notify you that the hearing concerning Gregory Langason' s application for a dance/rental hall license under Chapter 405 of the Saint Paul Legislative Code has been rescheduled to the following time, date and place : Date: May 10, 1996 Time: 9 :30 a.m. Place: 1503 City Hall Annex 25 West Fourth Street Saint Paul, 1rII�T 55102 The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings : Name: Phyllis A. Reha Office of Administrative Hearing 100 Washington Square, Ste. 1700 Minneapolis, NIl�T 55401-2138 Evidence will be presented to the judge which may lead to denial of Mr. Langason' s application for a license, or other adverse action, � as follows : On March 2, 1996 a party took place at Smith Avenue Rental Hall during which people were charged a $5 . 00 cover fee and were allowed to drink all the beer they wanted. This was in direct violation of a condition agreed to by Mr. Langason while consideration of issuance of a license was pending; to wit that "There shall be no � ■ In Re The License A�plication of Cameroon �roup, LLC d/b/a Smrth Avenue Rental H�it City's Eah. No. 10 _ ,. � • • � �� sale of liquor or beer to anyone on the premises at any time . The City will consider the collection of an entry fee or admission charge or donation as a sale of liquor or beer, if such a fee is charged or collected when alcohol is being served or consumed on the premises, and such sale will be deemed a violation of this condition. " Notice of the conditions was to be posted in the hall and was to be provided to all persons renting the premises . On December 29, 1996 there was a similar violation of this condition and police noted a $15 admission fee being charged for a red ticket which then entitled people to free alcoholic beverages for the evening. The site manager on duty denied being aware of the conditions agreed to by Mr. Langason. The operation of the premises as a dance or rental hall is a general nuisance to the neighborhood in that there are ongoing noise problems, fights, instances of people refusing to leave the hall in a timely manner, littering � and urinating in public by people leaving the hall . The ongoing nature of these problems demonstrates a lack of control of the premises by the applicant for the license . Sincerely, �� 7/ck9 tic.�. � �:�c� � '"`�1 Virginia D. Palmer Assistant City Attorney cc: Robert Kessler Nancy Thomas Office of Administrative Hearings Sue Nipe Director, Riverview Neighborhood Crime Watch Sandra Levine West Side Citizen' s Organization Pastor Tom Oestreich Harvest Fellowship Rick Aguilar Smith-Dodd Business Association Cary Kimmel . . � � q�- 15g0 STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 1, 1996, she served the attached AMENDED NOTICE OF HEARING on the following named attorney placing a true and correct copy thereof in an envelope addressed as follows : Mr. Albert Usumanu Attorney at Law 4018 W. 65th Street, #ill Edina, MN. 55435 (which is the last known address of said attorney) and depositing the same, with postage prepaid, in the United States mails at St . Paul, Minnesota. JO G. CLEMENTS Subscribed and sworn to before me , this lst day of April, 1996 . � Notary Public RITA M.BQ�SqqD � �T�Y PUBUC-MINNESOTA w►MS�r oouNr�r , conrr�.E�,..,�n.3�.�000 . t q�-� 15�0 ____ _�.�.. � •�•°_�`� LICENSES §310.05 (b) Class II licenses. �'�'here an application for except 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 of a council resolution. Upon the pas- exists no ground for denial, revocation or suspen- sage of such resolution, the director shall 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 affected neighborhood organizations. Such said iicense in accordance with the application. public hearing does not replace or amend any of the procedures set forth in section (c) Class 1 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 expiration of any such license, and that the application for grant, issuance or re- where there exists no ground for adverse newal of the license does not meet all the require- action, the director shall issue the license ments of law or that there exist grounds for in accordance with law. denial, revocation, suspension or other adverse action against the license or the licensee, the �e) Appeal; Class I or Class II licenses. An director shall recommend denial of the applica- appeal to the city council may be taken by any tion and follow the procedures for notice and Person aggrieved by the grant, issuance or re- hearing as set forth in section 310.05. newal of a Class I or Class II license; provided, however, that the appeal shall have been filed (d) Clczss III licenses. with the city clerk within thirty (30) days after the action by the director. The only grounds for (i) Grant, issuance or transfer. Upon receipt of appeal shall be that there has been an error of law a fully completed application and required � the grant, issuance or renewal of the license. fees for a Class III license, and after the �e appeal shall be in writing and shall set forth investigation required, the director shall �p�cular the 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 issuance 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- �atter to the inspector or director,or may reverse tor on his or her own initiative, or at the or place conditions upon the license based on the direction of the council, shall follow the council's determination that the decision was based procedures for notice and heari.ng 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 waiuer by renewa.l. The renewal of any ments of law, and where there exists 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 any grounds for imposition of adverse action such license in accordance with law. against such license. (Code 1956, §510.04;Ord.No. 17455,§ 1,5-21-87; (2) Renewal. The director shall in writing no- Ord. No. 17551, § 1, 4-i9-88; C.F. No. 94-500, § 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)Pstablished for citi2en 95-1517, 1-31-96) participation purposes, at least sixty (60) days before the expiration date of all Class Sec. 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 _V/ �rl�V . � �� ..d §310.05 LEGISLATIVE CODE r_:-`�., intends to consider any adverse action, including The council shall consider the evidence con- the revocation or suspension of a license, the tained in the record, the hearing examiner's rec- imposition of conditions upon a license, or the ommended findings of fact and conclusions, and denial of an application for the grant, issuance or shall not consider any factual testimony not pre- renewal of a license, or the disapproval of a viously submitted to and considered by the hear- license issued by the State of Minnesota, the ing examiner. After receipt of the hearing applicant or licensee shall be given notice and an examiner's findings, conclusions, and recommen- opportunity to be heard as provided herein. The dations,the council shall provide the applicant or council may consider such adverse actions when licensee an opportunity to present oral or written recommended by the inspector,by the director,by argu.ments alleging error on the part of the exam- the director of any executive department estab- iner in the application of the law or interpretation lished pursuant to Chapter 9 of the Charter, by of the facts, and to present argument 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 examiner's findings and recommenda- action is or will be considered by the council, the tions, together with such additional arguments applicant or licensee shall have been notified in presented at the hearing, the council shall deter- writing that adverse action may be taken against mine what, if any, adverse action shall be taken, the license or application, and that he or she is which action shall 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 exam- reasonable time before the heari.ng date, and �er. shall state the place,date and time of the hearing. The notice shall 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 members shall not discuss the license matter with such written notice be prepazed and served or each 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 finai deliber- facts underlying the violation or as to the facts ations of the matter. No interested person shall, establishing mitigating or aggravati.ng circum- with knowledge 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 examiner 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-examination and tions regarding status, scheduling or procedures rebuttal evidence. The hearing examiner 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;heczring examiner. The hearing interest in such licensee. examiner shall hear all evidence as may be pre- sented on behalf of the city and the applicant or (d) Licensee or applicant mdy 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 ZQ2g y � ._ ��/�� - -- —�' , LICENSES §310.05 • - �� (e) Record;evidence.The hearing examiner 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 exhibits, 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 dt,�the effective 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, resolution to contain find- censed premises, and failure to take such reason- ings. Where the council takes ad��erse action�-ith 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- en shall contain its findings and determination, �k) Imposition of costs. The council may impose including the imposition of conditions, if any. The upon any licensee or license applicant some or all council may adopt all or part of the findings, con- of the costs of a contested hearing before an inde- clusions and recommendations of the hearing ex- Pendent hearing examiner. The costs of a contest- aminer,and incorporate the same in its resolution ed hearing include,but are not limited to,the cost taking the adverse action. of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attomey time (g) Additional procedures where required.VVhere 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 pro- �g� �d 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 licensee or applicant was frivolous, arbitrary or specific reference,Minnesota Statutes,Chapter 364 capricious,made in bad faith,or made for the pur- and Minnesota Statutes, Section 340A415. pose of delay or hazassment; (ii)the nature of the violation was serious, or involved violence or the (h) Discretion to hear notwithstanding with- �eat of violence by the licensee or employees drawal or surrender of application or license. The thereof, or involved the sale of drugs by the lic- council may,at its discretion,conduct a hearing or ensee or employees thereof, and/or the circum- direct that a hearing be held regazding revocation stances under which the violation occurred were or denial of a license, notwithstanding that the aggravated 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- �,�,e��.e; (iv) the violation involved unreasonable tion, if the attempted withdrawal or surrender �sk of hazm 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. su�ciently 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 invol�Zng a li- surance policies; (vi) the violation is covered by cense has been scheduled before the council, a the matrix in section 40926 of the Legisiative Code; continuation of the hearing may be granted by the or(tili}the violation invol�•ed the sale of cigarettes council president or by the council at the request to 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 Z�Zg . � _--_- ��/`7/�� §310.05 LEGISLATIVE CODE :�^':� amount as the council deems reasonable and ap- (3) The license was issued in violation of any of propriate, having in mind the regulatory and en- the provisions of the Zoning Code, or the forcement purposes embodied in the particular li- premises which are licensed or which aze to censing ordinance.A fine may be in addition to or be licensed 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. To the extent 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 permit was issued in viola- together to the e�ent possible; provided, howev- tion of law, without authority, or under a er,that in the case of any conflict or inconsistency, material mistake of fact. the other provision shall be controlli.ng. (5) The licensee or applicant has failed to com- (Code 1956, §510.05;Ord.No. 17551,§2,4-19-88; 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.94-898,§§2,3,7-13-94; C.F. No. 94-1340, §2, 10-19-94; C.F. No. 95-473, § �6) a. The licensee or applicant (or any per- 4, 5-31-95) son whose conduct may by law be im- puted to the licensee or applicant)has Sec. 310.06. ftevocation;suspension;adverse �olated,or performed any act which is actions; imposition of condi- a violation of, any of the provisions of tions. these chapters or of any statute, ordi- � nance or regulation reasonably related (a) Council may take adverse action. 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 not been brought in connection there- or permits, licensee or applicant for a license, as with; provided in and by these chapters. Adverse ac- b. The licensee or applicant has been con- tions against entertainment licenses issued under victed of a crime that may disqualify 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 lawful grounds which are com- procedures in Minnesota Statutes municated to the license holder in writing prior to Chapter 364; or the hearing before the council. Such actions shall be initiated and carried out in accordance with �• �e 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 heari.ng 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� The activities of the 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 his or her work or activity in an behalf made oral or written misstatements unsafe 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 - - . q� -158a. � :--,. LICENSES �� §310.06 -"� mits conditions that unreasonably annoy, t12) The licensee or applicant has violated sec- injure or endanger the safety, health, mor- tion 294.01 of the Legislative Code, or has als, comfort or repose of any considerable made or attempted to make a prohibited ex number of inembers of the public. parte contact with a council member as pro- (9) Failure to keep sidewalks or pedestrian ways �ded in section 310.05(c-2) of the Legisla- reasonably free of snow and ice as required tive 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 shoc�•n by past Person who has any interest,whether as a holder misconduct or unfair acts or dealings:phys- of more than five (5)percent of the stock of a cor- ical abuse, assaults or��iolent actions done Poration, as a partner, or otherwise, in the prem- to others, including, but not limited to, ac- ises or in the business or activity which are li- tions meeting the definition of criminal sex- censed or proposed to be licensed. ual conduct pursuant to D'Iinnesota Stat- With respect to any license for acti��ities entitled utes Sections 609.342 through 609.3451; to the protection of the First Amendment,notwith- sexual abuse, physical abuse or maltreat- standing the foregoing provisions,neither the lack ment of a child as defined in D4in.nesota Stat- of good moral character or fitness 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 vvhich con- or matter shall be the basis for adverse action stitute a violation of�esota Statutes Sec- ag�st 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- restrictions. When a reasonable basis is found to dangerment of a child as defined in Minne- impose reasonable conditions a.nd/or restrictions sota Statutes Section 626.557, subdivision upon a license issued or held under these chap- . 2; the manufacture, distribution, sale, gift, �rs, any one (1) or more such reasonable condi- delivery, transportation, exchange or baz- tions and/or restrictions may be imposed upon such ter of a controlled substance as defined in iicense 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 and/or restrictions may include or tribution to others; or by the abuse of alco- pertain to, but are not limited to: hol or other drugs, that such licensee or applicant is not a person of the good moral �1� A limitation on the hours of operation of character or fitness required to engage in a the licensed business or establishment, or licensed activity, business or profession. on particulaz types of activities conducted in or on said business or establishment; (11) The licensee or applicant has materially changed or permitted a material change in �2� A limitation or restriction as to the location the desi within the licensed business or establish- gn, construction or configuration of inent whose [sic] particular type of activi- the licensed premises without the prior ap- proval of the city council in the case of Class ties may be conducted; 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 pazking lot or immediately adjacent area; tained the proper building permits from the (4) A requirement to provide off street parking 1 city. in excess of other requirements of law; Supp.No. 30 2031 , _... --_....... .d § 310.06 LEGISLATIVE CODE � �,. . (5) A limitation on the manner and means of (5) The extent to which adverse action against � � 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- monitoring the adverse action taken; tion limiting the operation of the licensed (6) The hardship to the licensee or applicant business or establishment to ensure that that would be caused by applying adverse the business or establishment will harmo- action to all licenses or applications; and nize with the character of the area in which �� The hardship 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 licenses with the consent of the license holder,or (Code 1956,§510.06;Ord.No. 17584, § 1,8-25-88; may recommend the imposition of such conditions Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, as an adverse action against the license or licens- 6-13-89; Ord.No. 17901, §§2, 3, 1-14-92; Ord. No. es;the inspector has the same power with respect 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 4-28- to Class II licenses. The council may impose such 92; C.F. No. 94-500, § 3, 7-6-94; C.F. No. 94-1340, 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 an adverse action against the license or licens- Sec. 310.07. Termination of licenses; surety es following notice and hearing as may be re- bonds; insurance contracts. quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, (a) Automatic termination, reinstatement; re- or upon and as part of any adverse action against sponsibility of licensee.All licenses or permits which a license or licenses, including suspension. Con- must,by the provisions of these chapters or other ditions imposed on a license or licenses shall re- ordinances or laws, be accompanied by the filing main on such licenses when renewed and shall and mai.ntenance 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 ically terminate 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 continue 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 autho- 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 �es,bonds or certifications as are required in these an applicant,the following standazds may be used: chapters, and shall not be entitled to assert the acts or omissions of agents, brokers, employees, (1) The nature and gravity ofthe 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 and 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 . _ q�` � 5g� - --^ ��-�.. 3 ,• LICE2v'SES §405.01 .. �� - (b) Waiver of distance requirement. The mini- Sec. 403.06. Bingo equipment. mum distance requirement herein imposed may be waived by the council upon: All bingo hall licensees shall provide and main- tain in good working order the following bingo (1) Receipt by the council of written consent equipment: reusable bingo cards and bingo mazk- from the operators of all licensed bingo ers, if needed; bingo blower, flash boazd, master halls located within a two-mile radius of boazd,monitor system,bingo balls,public address the proposed site for a new bingo hall; system and numerical counter. provided,however,that if the applicant for a new bingo hall license is also the only . operator of one (1) or more bingo halls Chapter 404. R.eserved* located within a twamile radius of the proposed new site, he or she cannot give consent to the waiver of the muumum Chapter 405. Dance or R.ental Hallst distance requirement; and Sec. 405.01. License required;definition;cer- (2) A finding by the council that the location of tain ezceptions. the proposed site would provide economic development benefits without significant (a) License. No person shall operate a public negative impacts on residential uses. dance or rental hall in Saint Paul without a license.Notwithstanding the foregoing,no license (c) No consideration for consent to waiuers. No shall be required under this chapter (i) if the licensee under this chapter shall request, accept person proposing to operate the dance or rental or keep any consideration in return for his or her hall already has an on-sale intoxicating liquor, consent to the location of a proposed bingo hall as restaurant, hotel or motel, or entertainment li- , provided under subsection(b)above.No applicant cense for the premises at which the dance or rent for the location of a proposed bingo hall shall pay activities would take place, or`(u)if the dance or or offer to pay any consideration to any person in rental activities for which a license wouid be return for obtaining a consent to the location of a required would take place on the campus or in the bingo hall in a specific location as provided in facilities of a bona 5de elementary or secondary subsection(b)above. "Consideration"for the pur- school, vocational or trade school, college or uni- pose of this section means and includes any and versity, or like educational institution. all legal consideration, money, real or personal property, promises or contractual obligations, ne- �b) Definitions. "Public dance hgll"shall mean gotiable or other iastruments given to or received �d include any room, place or space open to by any person, including the licensee, his or her general public patronage in which is carried on friends or relatives,his or her creditors,any other dancing wherein the public may participate, person acting on his or her behalf, and any other whether or not a chazge for admission for dancing person at the direction or request of the licensee. is made, and a public dance is hereby defined to 'Editor'a note--�Section 7 of Ord.No.17676,adopted Aug. (d) Adverse action authorized. The council may 24, 1989, repealed Ch. 404 in its eatirety effective Jan. 1, consider and impose adverse action against any 1ss1. Said Ch. 404 �nta.ined licensing requirements for person, firm or corporation holdi.ng any license of Private clubs and was derived from Code 1956, §§ 392.ar the City of Saint Paul, or against any applicant 392.08,392.10,392.11,and from the following; _ for any such license, after notice and heari.ng as ord,xo. sec, o�.xo. nete sec. Date provided in section 310.05 of the Legislative Code, 1�3�4 1 17s�s 7-��-ss 7,8 ��-��-ss based on a violation of the prohibitions contained i74s4 �, 2 �7s3� s-��-8� 1 3-14-89 in subsection (c) above, as well as on other viola- 1�s43 i ��s52 3-10-88 2 s- �-ss tions of law or ordinance relating to such a matter. tCross references--Curfew for minora, Ch. 230; provi- sioas regulating liquor and beer,T]tle XXIV;disorderly houses, (Ord.No. 17392, § 1,8-28-86; Ord.No. 17663, § 1, Ch. 271; solicitation to vice, Ch. 272; noise regulations, Ch. � 6-29-89; Ord. No. 17904, § 1, 1-28-92) 293. �" Supp.No.31 2163 , . . _.`_. �/II(//IJ�� ri� §405.01 LEGISLATIVE CODE be one which is or may be attended by the public Sec. 405.04. Regulationa; restrictions. generally, whether or not a charge for admission (a) Reports to police. It is hereby made the duty for dancing is made. of every owner or manager of a public dance or rental hall to report to the central police station "Rental hall"shall mean and include any build- � dances or concerts to be held in said dance or ing, room, premises, facility, or portion thereof, rental hall at least forty-eight(48)hours prior to which is available for use by any person or per- the holding thereof. The licensee shall cooperate sons upon the payment of a fee. with the police in providing information to the (Code 1956, §§ 405.01, 404.01, 404.08; C.F. No. police about the event and the arrangements for it 95-673, § 1, ?-26-95) for the purpose of facilitating such security, traf- fic, and parl�ng measures as may reasonably be Sec. 405.02. Fee. required by the police,and shall comply with such requirements. The fee shall be set by ordi.nance according to (b) Not to admit certain persons. No person to section 310.09(b) of the Legislative Code. whom a license has been issued shall permit to be (Code 1956, § 405.05; Ord. No. 16883, 2-11-82; or to remain in any public dance or rental hall any C.F. No. 95-673, § 2, 7-26-95) intoxicated person, any prostitute, any person of known immorality, or any unmarried person un- der the age of sixteen (16) years unless such Sec. 405.03. Licensing requirements. person is accompanied by a parent or guardian , nor any unmarried person more than sigteen(16) (a) Application. In addition to other required and under the age of eighteen (18) years unless information, the applicant shall submit in the such is accompanied by a pazent or guardian or application the street number of the building and presents the written consent of his pazent or the floor area wherein it is proposed to conduct guazdian to license holder. said dance or rental hall; the occupation of the (c) Intoxicating liquor prohibited. It is unlaw- applicant for the year next preceding the making �� sell any into�cating liquor at or in connec-� of his application; whether or not the applicant tion with any public dance, and no such dance has previously conducted a dance or rental hall, shall be held or conducted in any room or hall and, if so, when and where; whether or not the opening into or connected with any place where applicant has ever been convicted of violation of intoxicating liquors aze sold or dispensed. Chapter 570, Laws of 1913, relating to public (d) Hours. No public dance shall be held or dance halls, and if convicted, when and where; conducted between the hours of 12:00 a.m. (mid- whether said dance hall or the stairs or passage- night)and 6:00 a.m. of any day;provided,that no way leading thereto adjoins any place having public dance shall be held or conducted on Sunday so-called"private apartments"or"private rooms" during the hours preceding 12:00 noon thereof. furnished for other than legitimate purposes, and (Code 1956, §§ 404.02, 404.04, 404.05, 404.07; whether said dance hall has direct communica- C.F. No. 95-673, § 4, 7-26-95) tion with any room in which intoxicating liquors are sold or given away. Chapter 406. Game R.00ms* (b) Inaestigation of premises. The proposed li- �c. 406.01. License required. censed premises shall be investigated by the No person shall operate a game room in Saint director of the office of licenae, inspections and Paul without a license. environmental protection to determine whether (Code 1956, § 412.08) the premises complies with all the requirements and other regulations of the building code. •Cross reference�oin-operated machines, Ch. 191; provisions pertaining to gambling generally,Ch.270;mechan- (Code 1956, § 405.02; C.F. No. 95-673, § 3, 7-26- ical amusement devices, Ch. 318; bowling centers and pool 95) halls,Ch.322;lawful gambling,Ch.402;bingo halls,Ch.403. Supp.No. 31 2164 � �� - In Re The License A�plicat►on of Cameroon � r� �.� . � ,_� �� C d/b/a Smith Avenne Rental H� �: � roup, � i 's Eah. No. 12 _ _ _ _ '� � ��,�'� ,� : �¢ � C ty _ � _ '�`' z�.�- °'� � W ,�r�' _ � � .`� � ��: �. 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' ... ��.� � ., .. .�.atx,.. . ts.�.:�L.��i.'i,x'n.'��'a..x.S,� ��d'.3'. .>. � � � �� Jgd OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL OAH Docket No� � _ In re the License Application of Cameroon Group. LLC d/b/a Smith Avenue Rental Hall 627 Smith Avenue South CITY'S PROPOSFD EXHIBITS May 8, 1996 TO: Judge Phyllis A. Reha, Administrative Law Judge, Office of Administrative hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401-2138 The following constitutes the proposed Hearing Exhibits of the City' s Department of License, Inspections and Environmental Protection. Exhibit No. Description Exh. No. 1 Police Report CN 95-106-006 dated July 21, 1995 by Officer Paul Meffert (1 p. ) ; Exh. No. 2 Police Report CN 95-197-695 dated December 31, 1995 by Sgt . Dan Anderson (2 pp. ) ; Exh. No. 3 City of St . Paul Resolution, Council File # 96- 105, Amended 1/31/96, certified 5/9/96 (17 pp. ) ; Exh. No. 4 Police Report CN 96-029-888 by Officer John Bandemer, dated March 2, 1996 (1 p. ) ; Exh. No. 5 Police Report CN 96-029-888 by Officer Tod Axtell, dated March 2, 1996 (1 p. ) ; Exh. No. 6 Police Report CN 96-029-888 by Sgt . John LaBossiere, dated March 2, 1996 (2 pp. ) ; Exh. No. 7 License information re Cameroon Group LLC d/b/a Smith Avenue Rental Hall (1 p. ) ; ;' ; � , , • • / ✓ . � 9`6 �� Exh. No. 8 Notice of Hearing, dated February 20, 1996 with Affidavit of Service (3 pp. ) ; Exh. No. 9 Amended Notice of Hearing, dated March 8, 1996 with Affidavit of Service (3 pp. ) ; Exh. No. 10 Amended Notice of Hearing, dated March 29, 1996 with Af f idavit of Service (3 pp. ) . Also attached please find courtesy copies of applicable St . Paul City ordinances : St . Paul Legislative Code § 310 . 05 St . Paul Legislative Code � 310 . 06 St . Paul Legislative Code § 405 Respectfully submitted this lOth day of July, 1996 . � ��_. ~�, Virgi D. Palmer � Attorney at Law Office of the City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612) 266-8719 OFFICE OF THE CITY ATTORNEY ,, Timothy E. Marx, Ciry Attorney CITY OF SAINT PAUL ��: ��'��'r r={�' Civil Division f� ^ l 5 g� � Norm Coleman, Mayor � 400 City Hall Telephone: 612 266-8710 �� A�� ' '�� 15 West Kellogg Blvd. Facsimile: 612 298-5619 � ' i'�`- Saint Paul, Minnesota 55102 � , .+ lir'� ►...�r�r f5��'�� `+ � �, ., W� f. �„t.-�.�'l��.l� l iiL"� r i',J.. June 10, 1996 Phyllis A. Reha Administrative Law Judge 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 RE: In the Matter of the License Application of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall Dear Judge Reha: At the hearing in the above-entitled matter on Friday, May 24, 1996, there was testimony regarding the continued rental of Smith Avenue Rental Hall by Harvest Fellowship. It appeared from the testimony that there was a distinction being made between continued rental of the Hall by the church versus other groups, which called into question the constitutionality of the ordinance and its application. Parties were given fifteen days to submit briefs on this issue. Subsequent to the hearing, I spoke to the Director of LIEP, Robert Kessler, and learned that the ordinance would not permit any group, including Harvest Fellowship, to continue renting 627 South Smith if there is no license at that address . I am submitting an affidavit of that fact for your consideration and am asking that it be considered �r�ith the rest of the record. By copy of this letter I am also notifying Mr. Usumanu of my intent to submit this additional information. Because this additional information indicates that there is not an unequal application of the ordinance as to groups renting the Hall, I have not addressed the constitutionality of Saint Paul' s rental hall/dance hall ordinance . Sincerely, `Z� � ��P� �<��c.r,c� Virginia D. Palmer Assistant City Attorney CC : Albert Usumanu Robert Kessler �' �� , ��—� ;__�`�'`�e:..� � ' STATE OF MINNESOTA OFFICE OF ADMINISTR.ATIVE HEARINGS �j, �f��j�� Q� g� �}� _ ,�-� _ r�.,��i�� I�'rt,'a i�'�I= E-!'�"ai�l;�uS In the Matter of the License Application of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall State of Minnesota) ) ss County of Ramsey ) Your affiant, Robert Kessler, being first duly sworn, upon oath deposes and states : 1) That he is the Director of the Office of License, Inspections and Environmental Protection. 2) That he is aware of the application for a license made by Gregory Langason on behalf of the Cameroon Group, d/b/a Smith Avenue Rental Hall, for a rental hall license under Section 405 of the Saint Paul Legislative Code at 627 South Smith Avenue, Saint Paul, Minnesota. 3) That Mr. Langason was operating the business at 627 Smith Avenue prior to the amendment of the ordinance which required licensing of rental halls . 4) That Mr. Langason has been permitted to continue operating the rental hall while his license application is pending. 5) That while Mr. Langason' s application is pending and he is the owner or tenant of the premises at 627 South Smith, he will continue to be permitted to operate his existing business at that address . 6) That if Mr. Langason is not the owner or tenant of the premises at 627 South Smith, he cannot obtain a license for a rental hall at that location. 7) That if any other individual, business or entity wishes to operate a rental or dance hall at that location, they would need to apply for a license, and would not be permitted to operate while the license was pending. 8) That the premises at 627 South Smith cannot be rented to Harvest Fellowship or any other group unless an appropriate license has been issued to the owner or tenant of the building, except as outlined in paragraph 5 . Further your Affiant sayeth not . Dated: �'/(/"7f� � Robert W. Kessler Director of LIEP Subscribec�,,,and sworn to before me this QT�� day of June, 1996 . / . � JOMINE t3.CIEMEWT'3 � NOTARY PU�IC-MINI�SOTA RAM$EY COUNI'Y WA►oanrn.E�Iros,ron.st.2aoo a • � q� - � 5g0 � OFFICE OF ADMINISTRP,TIVE HEARINGS '`� t-� !�` '�. �5` !'-` � FOR THE COUNCIL OF THE CITY OF SAINT PAUL �� 't �`7 �� 3I OAH DOCKET NO. � �, � � ;��i,, �':!� fsE' �`,�=°��':�;S r.,,�;, In re the License Application of Cameroon Group. LLC d/b/a/ Smith Avenue Rental Hall 627 Smith Avenue South SMITH AVENUE RENTAL HALL'S MEMORANDUM June 5, 1996 Issue: Wh�ther an innocuou�., guestionable first violation of a newly enacted city ordinance can result to the closinq down of a duly zoned business. Facts: On January 31, 1996, Greg Langason of Smith Avenue Rental Hall signed an agreement with the City of St. Paul Office of License, Inspection and Environmental Protection placing certain conditions on the rental hall. Mr. Langason had applied for a dance or rental hall license with the city which was pending. On March 2, Mr. Langason provided the rental hall for free to an individual who was made aware of the conditions placed at the hall by the City of St. Paul. During this fund raising party, a few individuals donated money at the gate which the city now alleges is a violation of one of the conditions placed on Smith Hall. The city now recommends that Smith Avenue Rental Hall be shut down as a result of this incident. Analysis: Given the paucity of case law regarding such a narrow issue, this analysis will focus on the peculiar set of circumstances surrounding this matter. During the first hearing on Mr. Langason's license application, the city provided several witnesses with sometimes hearsay evidence . ��S�� ' regarding the problems created by the past operation of Smith Avenue. Zero evidence was proffered regarding any neighborhood disturbance by the party that took place on March 2, 1996. The events narrated by these neighborhood folks took place prior to the final set of conditions that Mr. Langason signed on January 31, 1996. Smith Avenue concede that there have been problems in the past. These problems have been due to the consumption of alcohol by party goers and its attendant effect of noise and littering. However, Mr. Langason is doing everything to make Smith Hall alcohol free come 1997. Groups of people who fit the profile of those who created problems in the past can no longer rent Smith Hall! Your Honor, on three separate occasions, St. Paul Councilman Thune made threats to eventually close down Smith Avenue Rental Hall. This is the same individual that has rented Smith Avenue for his own use during which money was collected at the gate and alcohol served. In fact, a leader of one of the neighborhood group clamoring to have Smith Avenue Rental Hall shut down rented the hall sometime in 1994. Again, alcohol was served and money was collected at the gate. Your Honor, Mr. Langason is a man of unquestionable character and integrity and he deserves a second chance. He is doing his best to allay the genuine fears of neighborhood folks and will make sure he hall is trouble free in the future. e C/�r V �� ' Because Smith Avenue Rental Hall will be alcohol free in the future, negating any neighborhood concerns and because the events of March 2, 1996 even if considered a violation constitutes a severe penalty obliterating Mr. Langason's ability to earn a living, we respectfully request that the license application be granted. Mr. Langason has learned a lesson and he will do everything to prevent a future violation of the city ordinance. Respectfully submitted, I �/ y� (N�Ritn��l �i�� Albert Isiaka Usumamu, Esq. Attorney for Smith Avenue Rental Hall ALBERT ISIAKA USUMANU,ESQ �� " (Cj�o ATTORNEY at LAW �� -- . . ;, ;�� ,.� _:. . . � ,�+...:� � 4018 W. 65TH ST. SUITE 111 �� i.�i I 5 �;� °� I � EDIiVA, 1vlN 55435 612-925-1877 "�' '`��'�� ,��t; '��F` s�- , �t�>,C,� �.r.� FAX: 612-925-5876 May 14, 1996 Virginia D. Palmer Assistant City Attorney City of Saint Paul Civil Division 400 City Hall 15 West Kellogg Blvd Saint Paul, MN 55102 Dear Ms. Palmer: Thank you for the understanding you displayed during our conference call with the Honorable Judge Phyllis Reha. I acknowledge full responsibility for erroneously believing that the hearing scheduled for May 10, 1996 was at 1:00 p.m. rather than 9: 30 a.m. as scheduled. My office will reimburse the City Attorney � of Saint Paul regarding any expenses incurred with respect to the hearing scheduled for Friday, May 24 , 1996 at 9:30 a.m It is our intention not to call any of the City's witnesses for cross examination. Very tru y yours, ��L1Jl'�l`'`'`'`. Albert Isiaka Usumanu, Esq. Attorney at Law AIU/ks cc: Honorable� Judge Phyllis A. Reha J OFFICE OF THE CITY ATTORNEY Timothy E. Marx, City Attorney CITY OF SAINT PALTL .'�; i�, Civil Division �� ^ I � bo Norm Coleman, Mayor C 'y F��i V,F _� + 400 City Hall Telephone: 612 266-8710 IS West Kellogg Bhd. Facsimile: 612 298-5619 A D��`,J I c`�`i Saint Paul, Minnesota 55102 �� J � NE�RI�' May 6, 1996 VIA FAX AND U.S. MAIL Judge Phyllis Reha Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401-2138 RE: In re The License Application of Cameroon Group LLC d/b/a Smith Avenue Rental Hall Our File Number: G96-0071 Dear Judge Reha: The purpose of this letter is to request subpoenas pursuant to Minnesota Rules, part 1400.7000 relating to the above-mentioned contested case hearing that is scheduled to be heard before you on Friday, May 10, 1996. This request is made of behalf of Ms. Virginia Palmer, the attorney assigned to this matter. The City of St. Paul License Division will be calling these witnesses to testify regarding the incident which serves as a basis for the action against the licenses of Cameroon Group LLC d/b/a Smith Avenue Rental Hall. In order to ensure these individuals will be in attendance to testify, the City of St. Paul requests from the State Office of Administrative Hearings subpoenas for the following individuals: 1.) Sergeant Daniel Anderson 2.) Officer John Bandemer St. Paul Police Department St. Paul Police Deparhnent 100 E. 11 th Street 100 E. 11 th Street St. Paul, MN 55101 St. Paul, MN 55101 3.) Officer Paul Meffert 4.) Officer Tod Axtell St. Paul Police Department St. Paul Police Department 100 E. 11 th Street 100 E. 11 th Street St. Paul, MN 55101 St. Paul, MN 55101 The hearing is scheduled to begin at 9:30 a.m. in room 1503 of the City Hall Annex, 25 West Fourth Street, St. Paul NIN 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. `, f j. Since�ty, ,. , ;. _ I�eter P. Pangborn Paralegal OFFICE OF THE CITY ATTORNEY �mothy E. Marx, City Attorney CITY OF SAINT PA�.<i E.1��`r�.� Civil Division �� _ I `� b o Norm Coleman, Mayor C 400 City Hall Telephone: 612 266-8710 �(j �� ' �� IS WestKelloggBlvd. Facsimile: 612298-5619 Saint Paul, Minnesota 55102 �.►�.., N�Jr�'ii��CS I li�1R{(�tt "'" aiCA�i!r'Gs March 8, 1996 Judge Phyllis A. Reha Administrative Law Judge 100 Washington Square, Ste. 1700 Minneapolis, MN 55401-2138 RE: In the Matter of the License Application of Cameroon Group, LLC, d/b/a Smith Avenue Rental Hall Dear Judge Reha: Enclosed for filing please find an Amended Notice of Hearing which was sent to Mr. Langason and all parties known to be interested in the issuance of a license in this matter. We are scheduled for a pre-trial hearing on Friday, March 15, 1996 at 1 : 30 p.m. in Room 41 of the Ramsey County Courthouse, 15 West Kellogg Blvd. , Saint Paul, Minnesota. I believe that at that time we can determine whether it is necessary for any parties to intervene, or whether the City can now advocate on behalf of all those persons opposed to issuance of the license. Sincerely, � � l,�s-�_ ��'�� Virginia D. Palmer Assistant City Attorney cc : Robert Kessler Gregory Langason Sue Nipe Sandra Levine Pastor Tom Oestreich Rick Aguilar Cary Kimmel �' ' � �j ,� / - � �� .r '� OFFICE OF THE CITY ATTORNEY I �.b �,�� ' � Timothy E. Marx, City Attorney �J . � 3;00 . c �:�� -�.N`� q� ` � 5�a CITY OF SAINT PAUL Civil Drvrsion Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710 I S West Kellogg Blvd. Facsimile: 612 298-5619 Saint Paul, �nnesota 55102 � at3 � February 20, 1996 �, � .'��-�,-+, � �-. �.-:=-;� � i^ � r i,."= �. ''1 t` �r-r. �,r, �..�..-� ,% . �� G�%`'. a Judge Phyllis A. Reha �'== � � Administrative Law Judge � � 100 Washington Square, Ste 1700 `D Minneapolis, MN 55401-2138 RE: In the Matter of the License Application of Cameroon Group LLC, d/b/a Smith Avenue Rental Hall Dear Judge Reha: Enclosed for filing are consolidated Prehearing Motions on behalf of the City license office. A copy of these motions have been served on both the license applicant and person I have been advised are representative of the opposition to the issuance of the license . A copy of our affidavit of service by mail is also enclosed. I am available for a prehearing conference on March 7, 1996 or March 11 or 12, 1996, and would be happy to arrange for a hearing room to deal with the motions . Sincerely, -C./��' � �°�-Q'��. Virgini��D Palmer Assistant City Attorney cc : Robert Kessler, Director Office of LIEP Gregory Langason �`Lc.wu� ~ 627 So. Smith Avenue Saint Paul, MN 55107 Sue Nipe, Director Riverview Neighborhood Crime Watch ,�- �'w"-�^� 209 W. Page Street ��y�� p Saint Paul, MN 55107 ��In _-�, (� a�$ -�� a�, z� . .i �� vl�� STATE OF MINNESOTA OFFICE OF ADMINISTR.ATIVE HEARINGS FOR THE CITY OF SAINT PAUL Case No. In the Matter of the License Application of Cameroon Group LLC, CONSOLIDATED d/b/a Smith Avenue Rental Hall, PREHEARING MOTIONS 627 So. Smith Avenue, Saint Paul, Minnesota 55107 Pursuant to Minn. R. 1400 . 6600, the following motions are made on behalf of the Director of the Office of License, Inspections and Environmental Protection of the City of Saint Paul (hereafter, "City") . Intervenors The City moves for a determination as to whether interested persons other than the City or the license applicant will be permitted to intervene, and/or participate, and/or present testimony, in the hearing of the above-entitled matter, and if so, the extent of said participation or intervention. The City further moves that such persons be (1) recognized collectively as one party to the hearing, and (2) required to comply with all the procedural requirements of a fair hearing, including adequate notice to the applicant of the bases on which they will argue for denial of the application. City Position: There are three separate groups of people who reside or do business in the vicinity of the proposed business who wish to participate in the hearing. Said groups are . y � �- �� opposed to the issuance of the license to the applicant and appeared at a public hearing before City Council to request that the license be denied. The City will not object to inter- vention by said groups, providing they are recognized collectively as one party to the hearing, and required to comply with the procedural requirements of a fair hearing. Relief or Order Sought: An Order allowing residential and business neighbors of the proposed license to intervene as one party, and requiring such party to give adequate notice to the license applicant of the grounds on which denial of the license will be argued, and a summary of the factual bases for such grounds . Written Notice The City moves for an order requiring intervenors or other interested persons participating in the hearing to provide the applicant with a written notice setting forth the grounds upon which denial of the license is or may be sought, and the factual basis therefor, sufficiently in advance of the hearing to permit the applicant time to prepare his case. City Position: Since the City' s position and recommendation at the hearing will be that the license application be approved, and the license issued, it is unable to represent the position of persons who advocate that the application be denied. It cannot, therefore, prepare the written notice setting out the grounds and factual basis on which denial might be urged to the ALJ or the City Council . Relief or Order Sought: An Order requiring intervenor (s) to give written notice to the license applicant of the grounds in which denial of the license will be argued, and a summary of the factual basis for such ground, on or before March 14, 1996 . Required Advice These motions were served by letter on the applicant, and on Sue Nipe, 209 W. Page Street, Saint Paul, Minnesota, 55107, Director of Riverview Neighborhood Crime Watch, a group known to be representative of the opposition to the issuance of the license . Those persons are hereby advised in accordance with Minn. R. . . -i '//�� " 1400 . 6600 that should they wish to contest these motions, they must file a written response with the judge and served copies on all parties, within ten working days after these motions are received. Persons who wish to intervene should be aware of the requirements of Minn. R. 1400 . 6200, which governs intervention in proceedings as a party. Hearing on the Motions The City requests either a hearing or prehearing conference attended by the parties and interested persons for consideration of the foregoing motions, believing that such a hearing or conference would be helpful in resolving said motions . Dated: � -��-4(0 � Virgi ia D. Palmer Assistant City Attorney 400 City Hall Saint Paul, MN 55102 (612) 266-8710 Atty. Lic. # 128995 Attorney for the City q� - � �ga STATE OF MINNESOTA ) ) ss . AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 20, 1996, she served the attached CONSOLIDATED PREHEAR.ING MOTIONS on the following named persons placing a true and correct copy thereof in an envelope addressed as follows : Mr. Gregory Langason 627 So. Smith Avenue St . Paul, MN. 55107 Ms. Sue Nipe Director Riverview Neighborhood Crime Watch 209 W. Page Street St . Paul, MN. 55107 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St . Paul, Minnesota. JO G. L ENTS Subscribed and sworn to before me this 20th day of February, 1996 . Notary Public � RRA M.BpSSARD � NOTARY PUBI�-MINNESOTA tiAUASEY Ci0UNT1( � �Moomrri.E�s.hn.3t,2000. q� - 1580 STATE OF MINNESOTA OFFICE OF ADMIl�TISTRATNE HEARINGS � HEARING SUBPOENA TO: Sergeant Daniel Anderson, St. Paul Police Department, 100 E. 11th Street, St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Phyllis A. Reha of the Office of Administrative Hearings of the State of Minnesota, at the City Hall Annex, 25 West Fourth Street, Room 1503, in the City of St. Paul, Ramsey County, Minnesota, on the 10th day of May, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the matter of the License A�olication of Cameroon Grou� LLC. d/b/a Smith Avenue Rental 1�.�.• ��.y; Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this$tll day of�y, 1996. GEORGE A. BE Administrative Law Judge For: KEVIN E. JOHNSON Chief Administrative Law Judge 612/341-7600 Subpoena requested by: Peter P. Pangbom, St. Paul City Attorney's Office Telephone: 266-8776 �l(�� s'gd STATE OF MINNESOTA 6 • OFFICE OF ADMIlVISTRATIVE HEARINGS .� HEARING SUBPOENA TO: Officer Paul Meffert, St. Paul Police Department, 100 E. 11th Street, St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside ail your business and excuses and to appear before Administrative Law Judge Phyllis A. Reha of the Office of Administrative Hearings of the State of Minnesota, at the City Hall Annex, 25 West Fourth Street, Room 1503, in the City of St. Paul, Ramsey County, Minnesota, on the 10th day of May, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the matter of the License Ao�lic-�tion of Cameroon Groun LLC. d/b/a Smith Ave��,p Rpntai 1�1!• Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this$th day of�y, 1996. GEORGE A. BEC Administrative Law Judge For: KEVIN E. JOHNSON Chief Administrative Law Judge 612/341-7600 Subpoena requested by: Peter P. Pangbom, St. Paul City Attomey's Office Telephone: 266-8776 �� . ,i �� STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS : :' HEARING SUBPOENA TO: Officer John Bandemer, St. Paul Police Department, 100 E. 11th Street, St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside ail your business and excuses and to appear before Administrative Law Judge Phyllis A. Reha of the Office of Administrative Hearings of the State of Minnesota, at the City Hall Annex, 25 West Fourth Street, Room 1503, in the City of St. Paul, Ramsey County, Minnesota, on the 10th day of May, 1996, at 9:30 o'clodc in the forenoon, to appear as a witness in the matter of the License Annlication of Cameroon Grou� LLC. d/b/a Smith Ayenue Rental H�ll• Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this $th day of�y, 19 . ..0 GEORGE A. BEC Administrative Law Judge For: KEVIN E. JOHNSON Chief Administrative Law Judge 612/341-7600 Subpoena requested by: Peter P. Pangbom, St. Paul City Attomey's Office Telephone: 266-8776 ,,�� STATE OF MINNESOTA �� OFFICE OF ADMII�TISTRATIVE HEARINGS � HEARING SUBPOENA TO: Officer Tod Axtell, St. Paui Police Department, 100 E. 11th Street, St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Phyliis A. Reha of the Office of Administrative Hearings of the State of Minnesota, at the City Hall Annex, 25 West Fourth Street, Room 1503, in the City of St. Paul, Ramsey County, Minnesota, on the 10th day of May, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the matter of the License Aoplication of Cameroon Grouo LLC. d/b/a Smith Avenue Rental l�.�I!- Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this$th day of�, 1996. GEORGE A. B Administrative Law Judge For: KEVIN E. JOHNSON Chief Administrative Law Judge 612l341-7600 Subpoena requested by: Peter P. Pangbom, St. Paul City Attomey's Office Telephone: 266-8776 , OFFICE OF TME CITY ATTORNEY � 7traOlkl'.�. Alm'X. ��it��.attOr�k�7. C j•1,Y Ui' J��t V•l' PAUL Crvrl Dn�isinn �� ' �� :�'orm C'okmun. M�rirr 4C�0 Ctr}�Hcr!! Tek�pl:urrc: 617 166-��;1 ii 15 11'esr KellpM1g(th•d, Facsirni�: 612?y$-54/v Suin!Puul. ,tfi/vu+snlu,i,5101 .-,.-....-._. �� FAX TRANSMISSIQN DATE: May 6, 1996 TO: Judge Phyllis Reha FAX No.: 349-2665 Office of Administrative Hearings NUMB�R OF PAGES (including cover page): 2 FROM: Peter Pangborn FAX No.: 298-5619 Paralegat St. Paul City Attomey's O�ce 4�0 City Hall !f you do not receive all pages of thrs transmission, please contaCt: Peter Pangborn Telephone No. 266-8776 f i iii',� •��=r.r'�r, i_il �"i1��0 =�:!,311��011�1 1.11=� l..p=i;�� ;=;t-:�=tT ��+r�r,T—��it—:!:t!bd �_'i=�'�j 1H1C�1 , OFF[CE ��F T'HE CTTY ATTORNEX � Timothp E. �lan'. C'in•:4ttorrrc}' ��`�� 1 �1T�f' �F SA�ITI� PAUI. �-i.�rr nNr.�ron ,Ypnn Cpl�man. llla)vr aVU C'ip'/yall laLaplro�ie b!Z lbb-J''/U 1� A�.sr Kellogg Fhd Fiic'simile•: �!2.9,p.,ir�10 5'ainr Faul, ,1/nn�esora SSIO? r.��..i M�l}' 6, 1��yb v� F� arna u.s. N�A�L Judae �'hyllis kteha (.�ffict; ��f Administ�•ative Hearings 10(1 V�'ashin�on Square, fiuite 1700 Minneapolis, n�Iinnesot� �?401-21 y8 RE: In re The Li�ense Applic.ation of Cauieroou Group I,I_,C d/b/a Sm.it}i Avenue Rental Hall Our File Number: C►96-0071 Dear Jud�e Rzha: Ti1e Pucpose of this letter is to reyuest subpoenas pLU'su�it to Minnesota Rules, part 14UU.7U00 relatiiiq to the alx�ve-mentioned contested case hearing that is schediiled to be lleard before you oii F'riday. May l0, 1996. This reqtiest is niadc of bel�alf of Ms. Vir�inia Palrner, the attorney assi�ned tu this matter. Tlle Cit�� of St. Paul License Di�•ision ��rill f?e calling these �viuiesses to te�tify re�ardin� the incident ��viuch serves as a basis for the action agai.z�st the ]icenses of C.vneroon Grour �.L.0 cUb/a Smith Avenue Rental Hall. lii order to ensure these indi��iduals will be in attendance to testity, the City of St. Paul requesu t:TO�n tl�e St�te Uftice of Ad�uinistrative Hearin�s subpoenas for the follo�ving individuals: 1.) Sergea.nt Daiuel Anderson 2.j Officer John Bandemer St. Paul Pc�lice Deparunent St. Paul Police Departine.nt l 0U E. 11 th Street 100 E. 1 l th Street St. Paul, NIIv 55101 St. Paul, MN >�101 �.) Ofticer Paul Meffe►-t 4.'? Ufficer Tod A�tzll St. Paul Pulice Department St. Paul Poliee Department l 0U �. 1 1 tl� StXeet 100 E. 11 th Street St. Paul, Nf?� �5101 St. Patil, NiN ��101 'I'he taearin� is scheduled to be�in at 9:30 a.m. ui rooul 1�03 of tl�e City Ha.11 Annex, 2� West �ourth Street. 5t. Paul MN 5510?. If you nee� �idditio�iai inforniation. or have an�� questions re�arding this requesi, please �io not hesitate to cuntact me at '>66-8776. Thank you for yuur consideration in this rnatter. .- - r-- - 5inccLCly, .�' �;; :; '� ' � ' / , :% l,,' � � ' ;�----- 17 ier P. Pangborn � ,:'i_�':� ��,��.^�.t-��. i il �=�1��i=i �_,:'.�I I;�G11H :'.11 =� LJi i:�� _�r:i=�T ��±r,r.L-�aii-:�,y1•.I