96-1172 . _.. . . . .
�` - � ���'
�� � � �` � � /'� ; Council File # I(
`.-- � . : ; .
� Green Sheet # � ��
RESOLUTION
- CITY OF SAINT PAUL, MINNESOTA _ g�
' Presented By
Referred To (�- Committee: Date
1 � \°�,�
3 ��� �
4
5 RESOLVED, that the Restaurant(B), Gambling Location(A , ntertainment(B), Sunday
6 On-Sale Liquor, and Liquor On Sale (A), licenses (license No. 74434), held by J.M.
7 Peppercorn's, Inc. doing business as Peppercorn's and located 1178 Arcade Street in Saint Paul
8 are hereby suspended for a period of seven consecutive da beginning Wednesday, September
9 18, 1996. This penalty is imposed based upon licensee' admission of violations of Minnesota
10 statutes and Saint Paul Legislative Code relating to t after hours sale of alcohol on April 21,
11 1996, aggravated by failure to cooperate with poli ; the April 25, 1996, sale of alcohol to an
12 underage person, in violation of Minnesota Sta § 340A.503 and Saint Paul Legislative Code
13 § 409.08, aggravated by the verbal harassmen of licensing personnel; and the May 1, 1996, sale
14 of alcohol to an underage person, in violat' n of Minnesota Statute § 340A.503 and Saint Paul
15 Legislative Code § 409.08.
16
17 This Resolution and the actio taken above are based upon the facts contained in Saint
18 Paul Police Reports CN 96-060-213 CN 96-057-035 and CN 96-054-493, the Office of License,
19 Inspections and Environmental P tection (LIEP) investigation report dated April 26, 1996; the
20 facts of which are summarize in the notice of violation letter dated May 17, 1996, the
21 admissions of the licensee in e letter from their attorney dated July 26, 1996, that they admit
22 to the violations along with t ir aggravating circumstances as outlined in the City's letter of May
23 31, 1996, and such argume s as may have been presented to the Council at the public hearing.
24
25
26 `
Yeas Navs Absent Requested by Department of:
B a ev
Bostrom
arris
uerin
Meqar
Re t tman
T une BY'
Form Approved by City Atto� ey
Adopted by Counc'1: Date %�
Adoption Certif ed by Council Secretary g �
Y�
By: Approved by Mayor for Submission to Council
Approved by Mayor: Date
By:
By: ,
�� �- 1\�Z a-- -
: DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED N� 3 6 3 5 8
City Council 8/21/96 GREEN SHEET _ _ . -
INITIALJDATE INITIAUDATE
CONTACT PERSON 8 PHONE �DEPARTMENT DIRECTOR O CITY COUNCIL
Councilmember BOStY'OlIl ASSIGN O CITYATTORNEV �CITYCLERK
NUMBER POR
MUST BE ON COUNCIL AGENDA BY(DATE) ROUTING �BUDGET DIRECTOR _ O FIN.&MGT.SERVICES DIR.
ORDER MAYOR(OR ASSISTANn '
August 28, 1996 0 �
TOTAL#OF SIGNATURE PAGES (CLIP ALL�LOCATIONS FOR SIGNATURE)
ACTION REQUESTED: '
Concerning adverse action against licenses held by J. M. Peppercorns, Inc. , dba
Peppercorns, 1178 Arcade Street. (UNCONTESTED)
RECOMMENDATIONS:Approve(A)a Reject(R) PERSONAI SERVICE CONTRACTS MUST ANSWER THE FOLLOWINCi QUESTIONS:
_PLANNIN(i COMMISSION _ CIVIL SERVICE COMMISSiON �• Has this person/Firm ever worked under a co�tract for this department?
_CIB COMMITTEE _ YES NO
2. Has this person/firm ever been a city employee?
_STAFF — YES NO
_ DISTRICT COUR7 _ 3. Does this person/firm possess a skiil not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO
Explain ell yss answers on separste sheet and attaeh to grsen sheet
INITIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,What,Wl�en,Where,Why):
ADVANTAGES IF APPROVED:
DISADVANTAGES IF APPROVED:
Rs�NYiiLa]E i%I-?��t=_:t� 4'S�l���
L
_ fiU� 2 ' ���6
_ .�,�_ _�,�.�_.�.._.�:�
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION S COSTlREVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMAT�ON:(EXPUIN) �
OFFICE OF THE CITY A?TORNEY�b ' � ���
' � -- Timolhy E. A�arx. Ciry A�torncy � ��
CITY OF SAINT PAUL c,,•;r o„�,s;on
- A'orm Coleman, Afayor ann cin�HaJ! Teleplrone: 61?166-8710
I S Wes�Kellogg Blvd. Facsinri/e: 612 798-5619
, Sain!Pou(, A�rnnesola 55102
W�
August 12 , 1996
COUNCIL HEARING INFORMATION
Richard L. Matykiewicz
Attorney at Law
Suite 1700 Capital Centre
386 North Wabasha Street
Saint Paul, Minnesota 55102
Re : All Licenses held by J. M. Peppercorn' s, Inc . d/b/a
Peppercorn' s for the premises located at 1178 Arcade Street
License ID: 74434
Our File Number: G96-0193
Dear Mr. Matykiewicz :
Enclosed please find a copy of the packet of information concerning
the licensed establishment Peppercorn' s which will be presented to
the City Council at the public hearing scheduled to begin at 4 :30
p.m. , on Wednesday, August 28, 1996 in the City Council Chambers,
Third Floor, Saint Paul City Hall and Ramsey County Courthouse .
As we discussed, the recommendation of the license office will be
for a seven (7) day suspension of the license for these violations .
If you have any questions, please call me at 266-8710 .
�
Very truly your
y ���!' zu;�c,� G�-�'/'�''�
Virgi�a D. Palmer
Assistant City Attorney
cc : Nancy Anderson, Assistant Council Secretary
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Sue Vannelli, Community Organizer, Payne Phalen District 5
Planning Council , 1014 Payne Ave . , St . Paul , MN 55101
`�� - [I `1a-
OFFICE OF THE CITY AT'TORNEY
Timothy E. Marx, Ciry Anorney
CITY OF SAINT PAUL Civil Division
� Norm Co%man, Mayor 400 Ciry Nall 72lephone: 612 266-8710
, 1 S Wes�Ke!logg Blvd. Facsimile: 612 298-56/9
Sainl Paul, Minnesota 55J02
�
August 7, 1996
NOTICE OF COUNCIL HEARING
Richard L. Matykiewicz
Attorney at Law
Suite 1700 Capital Centre
386 North Wabasha Street
Saint Paul, Minnesota 55102
Re: All Licenses of J. M. Peppercorn' s, Inc. d/b/a Peppercorn' s �
License ID: 74434
- Our File Number: G96-0193
Dear Mr. Matykiewicz :
Please take notice that a hearing concerning the above-named
establishment 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.
Copies of the proposed resolution and other documents which will be
• presented to the City Council for their consideration will be sent
to you within the next few days. This is an uncontested hearing,
in that the facts contained in the reports have been admitted. You
will have an opportunity at the Council hearing to present oral
and/or written remarks as to the penalty, if any, to be imposed.
The recommendation of the license office will be for a severf (7)
day suspension of the license.
If you have any questions, please call me at 266-8710 .
Very truly yours,
�� � �P�
VirginiG�almer
Assistant City Attorney
cc : Nancy Anderson, Assistant Council Secretary
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Sue Vannelli, Community Organizer, Payne Phalen District 5
Planning Council, 1014 Payne Ave . , St . Paul, MN 55101
. . a� - i ���
�
UNCONTESTED LICENSE HEARING
Licensee Name: J.M. Peppercorn's, Inc.d/b/a Peppercorn's
Address: 1178 Arcade Street
Councii Hearing Date: August 28, 1996
ViolatioNDate/:
Location
1) After Hours Sale of Aicohol and
Failure to Cooperate with Police
April 21, 1996
Licensed Premises
Minn. Stat. § 340A.504
- St. Paul Legislative Code § 409.07
2) Sale of Alcohol to Underage Person and
Harassament of Licensing Personnel
April 25, 1996
Licensed Premises
Minn. Stat. § 340A.503
St. Paul Legislative Code § 409.08
3) Sale of Alcohol to Underage Person
May 1, 1996
Licensed Premises �
� Minn. Stat. § 340A.503
St. Paul Legislative Code § 409.08
Recommendation of Assistant City Attorney on behalf of client, OfFice
of License, Inspections and Environmental Protection:
Seven (7) Day Suspension of License
. . `�� - ���� �
Attachments: �
1. Proposed resolution ,
2. Letter of licensee or attorney agreeing not to contest the facts
3. Letter of May 31, 1996
4. Notice of Violation
5. License information
6. 5/1/96 Police Report
7. 4/25/96� Police Report
8. 4/26/96 Investigation Report
9. 4/21/96 Police Report
�
. � __ �� - t, l'� �
�
- ATTORNEY AT LAW
ANO
• / /J " COUNSELOR
�• -•�%I�L''G�l� SUITE 1100. CAPITAL CENTRE
3B6 NORTH WABASHA STREET
ST. PAUL, MINNESOTA 55f02
TELE. i6121 223-8100
� FAX 16121 223�8151
July 26 , 1996 �k ,����,����$
u�,b:. : i�./�
.
�U�. '�8 i9g6
Virginia D. Palmer
Assistant City Attorney ��,;`;'t� F�"�4r���z���
Civil Division �••� = 1 �'; E � 't���:.�
'��, `�
400 City Hall
15 West Kellogg Boulevard
St . Paul,- MN 55102
RE:_ Peppercorn' s Bar
1178 Arcade Street
Dear Ms Palmer:
In accordance with our recent phone conversation, you are hereby
advised that I have been retained to represent R. Jason and
Mitchell Freeman and their corporation J.M. Peppercorn' s, Inc . ,
regarding the liquor license violations outlined in you letter of
May 31, 1996 .
, The Freeman' s and the corporation hereby agree to a seven day
suspension of the license and admit to those allegations as
outlined in your letter of May 31, 1996 and hereby wave the
administrative law hearing currently schedule for 9 : 00 a.m. on July
29, 1996 .
�
Please advise me as to when the hearing will be scheduled before
th� City Council .
Thank you for your kind consideration and cooperation.
Yours truly,
ichard L. Ma k ewicz
A torney at Law
RLM: sac
cc J. and Kathy Freeman
OFFICI � THE CITY ATTORNEY ��`<<��
Timothy E. Marx, Ciry Atlorney
_ �
s�
CITY OF SAINT PALTL Cn�i!Drvision
' A'orm Coleman, Mayor 400 Ciry Hol/ Telephone: 612 266-8710
1 S Wesr Ke!logg Blvd. Facsimile: 612 298-5619
' Saint Paul, Mrnnesota SS102
i
May 31, 1996
Mr. Dick Matykiewicz
Attorney at Law
110 Capital Centre
Saint Paul, MN 55102
RE: In the Matter of the Licenses of J.M. Peppercorn' s d/b/a
Peppercorn' s Bar
Dear Mr. Matykiewicz :
Pursuant to our conversation of earlier this week, I spoke to the
Director of the Office of License, Inspections and Environmental
Protection regarding the recommendation they would be making for
adverse action against the licenses at Peppercorn' s . Based upon
the multiple number of violations, and the aggravating factors, the
recommendation will be for a seven-day suspension.
You had also indicated to me that you represent the owner of the
+ building at 1178 Arcade, in which Peppercorn' s is located. The
adverse action is against the licenseholder, so if a decision is
made to proceed to a hearing before the City Council rather than to
an administrative law judge, the licenseholder will need to send me
a letter admitting to the facts and waiving the hearing. I
understand from our conversation that not all of the inciden�s are
admitted to, but I would need an admission to at least the April
2I, 1996 sale after hours, the April 25, 1996 sale of alcohol to an
underage person and the May 1, 1996 sale of alcohol to an underage
person, as well as to the aggravating factors of failure to
cooperate with the police and verbal harassment of licensing
personnel .
Please feel free to contact me if you have any questions .
Sincerely,
/s/
Virginia D. Palmer
Assistant City Attorney
OFF1C" ��F 7'HE C1TY ATTORNEY��_+��a
� ' Timolhy. ��arx, Cin�Atrorne�•
- CITY OF SAINT PAtTL Cn•il Dn��s�on
No�m Co%man, d�a��or 400 Ciry.Hal1 Telephone: 612 166•8710
1 S N'es�Ke!logg Bhd. ' Facsimile: 612 298-5619
, Sain�Paul, A�innesota 35102
. �
May 17, 1996
Ralph J. Freeman
Peppercorn' s
1178 Arcade Street
Saint Paul, Minnescta 55106
Re : All Licenses c� J. M. :�ppercorn' s, Inc . d/b/a Peppercorn' s
License ID: 7��34
Our File Number: G96-0193
Dear Mr. Freeman:
I am in receipt oi information that could lead to adverse action
against all your licenses . The basis for the adverse action is
that :
On or about P_pril 6, 1996, a patron of the bar, Joel
Schultz, was allegedly assaulted by another patron in the
bar. Both individuals were removed from the bar. Bar
� employees refused Mr. Schultz' s request to call the
police. When police returned to the bar, cooperation by
the bar staff was minimal. These actions, failure to
contact the police following an alleged assault and a
failure to cooperate with the police during an
investigation of that incident, are violations of cit�
ordinances and/or state statutes .
� On or about April 21, 1996, at approximately 1:40 a.m. ,
an individual left the licensed establishment with 2 - 12
packs of beer. While police were investigating the
incident, the owner or other employee was uncooperative
with the investigating officer. These actions, being
open after hours, sale of alcohol after hours, sale of
alcohol for off-premise consumption without a license to
do so and failure to cooperate with police, are
violations of city ordinances and/or state statutes .
On or about April 25, 1996 just before midnight, a
Page 1
. . �� 1 ��a-,
� �
bartender sold an alcoholic beverage to a minor. After
' being info�ed of the sale, employees of the lice�sed
establishment followed licenaing personnel out of the bar
. and harassed the licensing staff. These actions, sale of
an alcoholic beverage to a minor and harassment of
licensing staff are violations of city ordinances and/or
state statues.
On May l, 1996 at approximately 9 :30 p.m. , the bartender
served alcoholic beverages to an obviously intoxicated
patron who also purchased a controlled substance on the
licensed premises. These actions, sale of alcohol to an
obviously intoxicated person and failure to control
illegal activity on the licensed premises, are violations
of city ordinances and/or state statutes .
On May 1, 1996, at approximately 10 : 30 p.m. , the
bartender or other employee sold an alcoholic beverage to
a arinor.- This action, sale of alcohol to a minor, is a
violation of city ordinances and/or state statutes .
On May 5, 1996, at approximately 11 :45 p.m. , an
individual was arrested in the rear parking lot and was
charged with possession of a controlled substance.
Failure to control illegal activity on the licensed
premises is a violation of city ordinances and/or state
statutes .
These actions, failure to contact police following an
assault, failure to cooperate with police, sale of
alcoholic beverages for consumption away from the
' licensed premises without a license, open after closing
time, sale of alcohol to a minor and to an obviously
intoxicated person and failure to control illegal
activity on the licensed establishment are violations of
both state laws and city ordinances, and constitute
grounds for adverse actions against all the licenses fo`r
the licensed establishment.
If you do not dispute that the above incidents took place, I will
need a letter from you stating that you do not dispute the facts .
I will then have this matter scheduled before the City Council for
a hearing on what penalty, if any, to impose . You will be allowed
to speak on your behalf at that hearing.
On the other hand, if you dispute the above facts, I will schedule
an evidentiary hearing on the facts before an Administrative Law
Judge. In that event, you will receive a notice of hearing, so you
will know when and wrere to appear, and what the basis for the
hearing will be .
Page 2
��, - i���
`1
In either case, you should contact me within ten days from the date
of this letter. If I do not hear from you, I will schedule the
hearir.g, and you may be held responsible for the costs of the
. hearing if you do not then appear and contest the facts . Please
call me or have your attorney call me at 266-8710 to discuss the
matter.
Very truly yours,
,
�
��.' �s-..GC i,�r'^
Virgini�D. Palmer
Assistant City Attorney
cc : Robert Kessler, Director, LIEP
Gary Pechmann, Deputy Director, LIEP
Ralph J. Freeman J.M. Peppercorn' s, Inc . , P.O. Box 127,
Swanville, MN 56382
Mitchell� A. Freeman, Peppercorn' s, 1178 Arcade St . , St . Paul,
Minnesota 55106
- Greg Copeland, President, Payne Phalen Dist . 5 Planning
Council, 612 Cook Ave . , St . Paul, MN 55101
Sue Vannelli, Community Organizer, Payne Phalen Dist . 5
Planning Council, 1014 Payne Ave . , St . Paul, MN 55101
Jan Morlock, Director, East Side Neighborhood Development Co. ,
907 Payne Ave . , St . Paul, MN 55101
�
Page 3
� � -- �� � 1 �� �--
- 7
� STATE OF MINNESOTA )
) ss . AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF RAMSEY )
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on May 17, 1996, she served the attached LETTER on the
following named persons by placing a true and correct copy thereof
in an envelope addressed as follows :
Ralph J. Freeman
Peppercorn' s
1178 Arcade Street
St . Paul, MN. 55106
� � Ralph J. Freeman
J.M. Peppercorn' s, Inc .
- PO Box 127
Swanville, MN. 56382
Mitchell A. Freeman
Peppercorn' s
1178 Arcade Street
St . Paul, MN. 55106
(which is the last known addresses of said persons) and depositing
the same, with postage prepaid, in the United States mails at St .
' Paul, Minnesota.
;
/
�� `/ ...
� JO . EMENTS `
�
Subscribed and sworn to before me
this 17th day of May, 1996 .
��; .
` C r
a Publ� �\
�'�.
�
• • KATHRYN J. McLAUGHLIN�
n.�w NOTARY PUBLIC-MINNESOTA
'��`y-� RAMSEY COUNTY
. My Comm.Exp(res,1an,31,20pp
. �� - t1� �
Lic ID. . . . . . . . . . . . . . . . . . . 74434 �' �
STAT. . . . . . . . . . . . . . . . . . . . . RS
Business Name . . . . . . . . . . . . J.M. PEPPERCORN' S, INC. -
Doing Business As . . . . . . . . PEPPERCORN' S
Address . . . . . . . . . . . . . . . . . . 1178 ARCADE ST
Zi.p. . . . . . . . . . . . . . . . . . . . . . 55106
Exp Date . . . . . . . . . . . . . . . . . 08/09/96
License Name . . . . . . . . . . . . . RESTAUR.ANT (B) -MORE THAN 12
SEATS
. GAMBLING LOCATION (CLASS A)
. ENTERTAINMENT-CLASS B
. SUNDAY ON SALE LIQUOR
. LIQ-ON SALE-OVER 200 SEATS-A
NOTE AREA. . . . . . . . . . . . . . . . 12976
. PH NOTICE SET 8/9/95 SENT 6/23/95
. 106 MAILED, 34 E-MAILED, 2 INTEROFFICE
. 8/9/95 NEW ON SALE LIQUOR-A, SUNDAY ON SALE LIQUOR
. RESTAURANT-B, GAMBLING LOCATION-A, AND
. ENTERTAINMENT-B APP'D WITH RESTRICTIONS C. F. #95-
. 941
Bond Policy Number. . . . . . .
Bond Company. . . . . . . . . . . . .
Press <RETURN> to continue . . .
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
Bond Effective Date . . . . . .
Bond Expiration Date . . . . .
Insurance Carrier. . . . . . . . LEXINGTON INS CO
Ins . Policy Number. . . . . . . 55358340044
Insurance Effective Date. 11/30/95
Ins . Expiration Date . . . . . 08/09/96
Associated Stock Holder. . RALPH JASON FREEMAN
. MITCHELL A FREEMAN
Dealer No. . . . . . . . . . . . . . . .
Tax Id. . . . . . . . . . . . . . . . . . . 2006984
Worker Comp Exp Date . . . . . �
Telephone . . . . . . . . . . . . . . . . 776-2314
Press ' C' +to continue, ' P' to print, or 'R' to redisplay. . .
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
c �c�5o�
• Peg� . • / of ST. PAUL POUCE DEPARTMENT. �III�(�IIII��III Ii;Illll!II!;IIIIIiIIIlIiI',
GENERAL REPORT ��, 'I(��-
Day Montn Oate Year T�me: Sq::ad: Team: Otte se: -
o S� o.� o� 9 � 3 S.� .3 g� �� � � �?' ��
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CompiainanYs Na (Last,First, Middle): Ad 'ess:
� .�� 3� ��- � ��a �� . i i�
Articles Recovered: Disposition: � Records � Crime Lab Lc
� Crime Lab � Property Roo
> NARRATIYE <.. :
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Q SUPPLEMENTAL REPOAT_ ��` CONTINUATION OF: �ORIGINAL REPORT ❑ SUPPLEMENTAL REPOi
Date 6 Time ot Report: C"ens �Incident: Team: Time ot Arrest:
S-2� - �' ��L ��� ��¢
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' � ST. PAUL POLICE DEPARTMENT � ��- C��°� � �� �
Page o� GENERAL REPORT
pay Month Ca:e Year. T�me: Sqca�!: Team: GyEI15e:
04-25-96 ?=:�5 �-.rs ?83 East selling beer to a minor
Class: Location of Call: Location of Crime Scene: Time o1 Arres�
d.13. O • on tour 1 171 Arcade - !�;q
Time d Date ot Occurrence: 8 s.Phone: Home Phoni
��:so r,rs . ��:oo n�S 4-25-96 r
Occurred ❑ At❑ Between: hrs.cn nnd hrs.on
�a�gsj+Ys Name (Last,First,Middle): Address:
Articles Fecovered: � , Dispcsition: � Fecards � Crime Lab Lockei
�Crime Leb � �roper:y Room
. : _: NARRATIVE_
, ,.,... . , . _ -.,; �
Arrest Number last Name Fust !l,�cd�e Address DOB A�e Sez Fsc
On 9-25-96 '�tyself along with S�t. Tredal and Sgt. Schaub per;ormed a vice su eep on several St. Paul bars. u'e��ere
assisted by Kris Schwienler from L.1.E.P. and:hree 17 �ear cld minors here after identified by their initials ass�
�A�D� . _. . .
Our investioation invol�°ed the use of�inors as decoys to de:e;-nine w•ether the targeted liquor establishmenu w�ere selling
liquor to minors. At 21:�0 hrs u�e sent:a o deco�s(��:�d�) in the froat door at 11 i 1 Arcade Peppercoms Bar.- - �- �--- .
The tv��o minors w�ere inside for a shor[ period of time but a e:e zefused service because they did not have proper
identification: - - ---- - - - - - � ----- -
Approximately�-0 minutes fater u�e sent a rhird minor in to;�,e bar throu�rtfie back door envance:This rninor�v��as � - -----
meet at the reaz door by a W/;v1 holding money in his hand. T'r,e VV,'m stated there w•as a S2 dollar cover charge. The decoy
paid tFi�e'fwo dollais and fiec fiand�was s�iri�pe�shoW�ing s�ie paid the cover-cFiarge.-�I7ie decoy then viwent fo tfie bar-aii�as�d----
the female bar tender if she could get a Ice House beer. The bar tender got the beer and stated that will be S2.50. The decoy
s�owed the bar tender the stamp on her hand ind the bar tender stated ihat the cover chazge was for bar drinks only. The
decoy replied okay and paid the bartender for t�'�e beer. The deco�then took the beer and sat down at a table while she __
��atched the band play.At no time was the decoy�sked for identiification
Squad 398 was standing by to assist us, Squad�98 along with Kris Schweinler went in side the bar and sent the decoy back
out sidata��erewe wer�wa;r;�xri�21on��a''1:h.Sht 11II1f�DfmA$1CCLi1VOrkino��;gg identified tht bariender_u�ho
served the decoy as Devance, Renee WIF long hair D.O.B. 9-24-65. T7�ere was a second female working the bar who was
uninvodved in the inciden�a nt 3ed as$orlev;Renee D.O.B:1(1--I 9-�4-�e bounceF working the door the decoy came -----
through was identified as Sandberg, Paul Guss D.O.�-6-58.
When Kris left the rear door of the bar with the decoy she was followed out of the baz by 6 individuals.One of the parties
claiming�to be arrow�nerwasm�curgsuctrcamrirentsas,-"arECOU happy na�aren'ryon�ro�d-ofyoursafv�s"-'Pttir—
individual waz not identified but was stated to be very uncooperazive. � �
-------- — z
See supplemental report from squad 398. �
The three decoys were also sent in to Chucks Bar but no purchzse was made.The de�s then attempted a purchase at the �
Sports Break bar with negative resulu.A final check concluded with an attempted to purchase at Ku�B�with 1
negative results. ___ __ _ _ �
—�------- ----- - — � �'+K l - "(
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Assistinfl Otlieer. Emp,ho.: Reportinp Offic�r. Em No:
- .
� 7� d�- A (7
Report Reviewed By: Emp.No.: O.T.: Typist .0.: Coda: art»
�Yes � No �—
❑Hom ❑Rob ❑Juv ❑ Coord ❑ID ❑Lab�ic ❑Team ❑S�x ❑ RpV OtMr S 1 4� �_
D/C (]Burp �TheR ❑Prop �CAU ❑FdF�Auto � DAO ❑ CO ❑HumS�n PM 621•92F
• � -
. � � ._ ��-- li��
°i0''—�—°� ST. PAUL POLICE DEPARTMENT �
�UPPLEMENTAL REPORT ❑ CONTINUATION OF: ❑ ORIGINAL REPORT ❑ SUPPLEMENTAL REPORT
aat�rms a� 2 2 � �a«,t � , T�,,:� r�a� .
. NARRATIVE` , :
Arrest Number last Nams First Middls Address 'DOB A� x Rt
, � �� 3�� �CS�ss �,�/l�c� �tssisf�P SI U
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Report Reviewsd ByN Commincisr. Emp. No.: O.T.: Typist Fi. . f:odr. Nam�Entry:
• �Yes (�CNo
O ac �� O�n�P�a �c� O FaF p� p o o p� p�� R°�`' ► ' C `�
PM 622-a
-- ��, - t l ��
_
C1T1' OF SAI'�'T PAUL
' I\TERDEPART'�1E�TAL 1�9E!�10RA:�DUI��I .
DATE: 4-26-96 �
T0: Robert Kessler
FROM Kris Schue_:�le�� •
/
RE: Pepperccrr.' s
On 4-26-96 at apprex. 5 :30pm myse=' Sgt. Tredall,Sgt Polylak,and Three juvenile
decoys kent to Pepperc�rns a� 1:?1 Arcade St. we sent two decoys in the front
� docr and one in the back docr. �'.:e tko that went in the front were denied
entrance. The one that went in t::=_-bacic kas charged a $2 .00 by the bouncer who
then stamped her hand, she was nc� ask�d for id . She then went to the bar and
ordered an Ice house ':J2er and x�s served by a female bartender that latter
ider.tified herself to me as a ( Re�e= Devon) the spelling of her nazne may not be
correct as she did not �roauce �.;• ide::tification.
h�en I entered the bar I uas acce:-�anied by two uniform officers who will also
be forwarding a report �o you. I :alked to the bartenders first and identified
myself a-�d informed them that they :ad just served a minor. The bartender became
very upset and called tr�e bouncer cr docr man over and said he was the one that
was to check fcr id's a_3 that it kasn�t hEr fault. I at this time escorted the
decoy out of the bar via �he back 3oor and watched to see that she got to the van
. where Tredal and Polyack were kait_ng an3 monitoring. I then went back in to talk
y to the bouncer and mgr. The bouncer became argumentive and saying ;;You set us
up didn't you';? I tried to explain �:^.e process that we go through but he was angry
and didn't appear to be interested. So I gave him my card and told him to have
the owner contact me if ?:e had any cuestions. I then went back to the bar where
the officers were waiting at that time I was told that the owner had just come
in. I then went to the front of the bar and was approached by an individual who
was latter identified as Jody Freeman the brother I think of Jason Freeman the
ow�er. I gave him my car3 and infc�ed him that the bar had just sold liquor to
a minor he became very upset and said thatYwe were out to get him�';,� This sucks.
I asked him to have the ewner Jason call me, at this time I and the two officers
began to leave the bar. ?fie bouncer Jody, and several others followed us to the
back a.�d out to the parking lot.I acain tried to explain that they would receive
a letter from the City �ttorney' s c�fice explaining their options. At this time
I heard various comments from the bouncer and Jody that ;y This is a bunch of
fuckin shit::y;� Your fucke,;;:; ;;You mus� be really proud of yourself, this is a bunch
ef shit:.r I then went bacic to the -;�z. The �hole time I could hear Jody yelling
across the parking lot '.:e appeare: to be very uncoroportive and agitative. The
two u.�iformed officers k•ent back te the bar to properly id the bartenders there
uas some confusion becsuse they �ere both named Renee. We then proceeded to
Chuck's on Payne where t2:e three de�oys went in and were told to get out and lock
the door behind you that they would zot get served there or any where else on the
block without id. After that ke keat to Sports Break and Kuby' s on Rice where
again the decoys were denied service. F,t this time it was 10:40 and we returned
to the police station.
The decoys were paid fcr two hours ef wcrk which totaled to $60.00.
. . .. . .
• ST. PAUL POUCE DEPART�!ENT ,�� % �_( '��
�e'e _ / °{ / GENERAL REPORT � � . �
I Cay IJor;h Ca:e Yesr Tirne: Sc�s�• ;esm: C'Tens , .
9 o yo '' � � r o -�v i ,�
Class: Location of CaIL• L o c a' o f C r i m e S c e n e: � Time o 1 Arres t:
���c . 7 � Q:� �,
7ime& Cate of Occurrence: Bus. Phone: Home Phor
Occurred ❑ 6e!ween: 1e� hrs.on - d hrs.on
ComplainanYs ame (Last,First Middle): Adcress:
Articles r�eccve
Disposition: � Feqrds � Crime Lab LockE
� Crime Lsb � property Foom
� : : . , NARRATIVE
nrrest Number Last Name rirst IJ.�c:e Aodress DOB Age Sex Re
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Assisting O!!icer. Emp.No.: Fepo . p Otficer. E p. o.:
Report Reviewed By: Emp. No.: O.T.: Typist R. ., a • Nam ry;
�Yes � No
' CHF ❑Hom ❑Fob ❑Juv ❑ Coord ❑ID ❑Lab i nec Team ❑ p p o; S�
❑ D/C �Burg �Theft ❑Prop �CAU ❑FdF�Auto � �AO ❑CO ❑HumServ R r / �� ��� �621,92R
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STATE OF MINNESOTA C� � � � ��`�"
�'•G�i OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
��j86g"v.
Minneapolis, Minnesota 55401-2138
August 13, 1996
Fred Owusu
City Clerk
170 City Hall
15 W. Kellogg Blvd.
St. Paul, MN 55102
Re: In the Matter of the Licenses held by J. M. Peppercorn's, Inc. D/b/a
Peppercorn's; OAH Docket No. 104-2111-10596-6
Dear Mr. Owusu:
On July 26, 1996 the Office of Administrative Hearings was notified that the
above-entitled matter was resolved. Enclosed please find the official record. Our file in
this matter is closed.
Very truly yours,
��
`�lf • %��
Nancy M. Thomas
Docket Clerk
Telephone: 612/341-7615
NT
Enc.
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative Law Section&Administrative Services(612)341-7600 �TDD No. (612)341-7346 � Fax No. (612)349-2665
OFFICE OF THE CITY ATTORNEY
Timothy E. Marx, City Attorney
°l�- I I� �.
,,. - , ,r
. . ;.
CITY OF SAINT PALTL � �`` �� `-' Civil Division
Norm Coleman, Mayor �� w I�� �C� �a`,� ��; �� 400 City Hall Telephone: 612 266-8710
I S West Kellogg Blvd. Facsimile: 612 298-5619
r - Saint Paul, Minnesota 55102
r-,l, , � ,,�j � � � ._.
L�^ ,:�i�:
� I1[_i+.,:1�'El?.)
July 26, 1996
Judge Robert R. Alfton
Office of Administrative Hearings
100 Washington Squire, Suite 1700
100 Washington Avenue
Minr_eapolis, Minr.esota 554Q1-2Z38
RE: Monday, July 29, 1996 Administrative Hearing
re Licenses held by J.M. Peppercorn' s, Inc. d/b/a Peppercorn' s
Dear Judge Alfton:
This letter will confirm our request to cancel the administrative
hearing involving the licenses of J.M. Peppercorn' s, Inc . which was
scheduled to be heard by you on Monday, July 29, 1996 .
Counsel for the licensee has indicated that they will not dispute
the violations and have requested to have the matter scheduled
before the city council .
Thank you.
Sin re y,
Peter P. Pangb n
Legal Assistant
CC : Dick Matykiewicz, Attorney at Law, 1100 Capitol Centre, St .
Paul, MN 55102
Nancy Thomas, Office of Administrative Hearings, 100
Washington Square, Suite 1700, 100 Washington Ave. S. ,
Minneapolis, MN 5540I-2138
Sue Vannelli, Community Organizer, Payne Phalen Dist . 5
Planning Council, 1014 Payne Ave. , St . Paul, MN 55101
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Bob Kessler, Director, LIEP
Christine Rozek, LIEP
OFFICE OF THE CITY ATTORNEY
Timolhy E. Marx, Ciry Attorney � � _ , ��.�
CITY OF SAINT PAUL ' :-- ! ' �_ crvu nN�;on
Norm Coleman, Mayor �'� J i�� r�� ��€,� ��: �y� 400 City Hal! Telephone: 611 266-8710
�' �'' I S West Kellogg Blvd. Facsimrle: 612 298-5619
1��
Saint Paul, Minnesota 55102
'�ui•�:��' o f`:( !i�_
� f�iC��.lila';`.�J
July 19, 1996
VIA FAX AND U.S. MAIL
Judge Robert R. Alfton
c/o Louise Cooper
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, Minnesota 55401-2138
RE: Licenses held by J. M. Peppercorn's, Inc. d/b/a Peppercorn's for the premises located at
1178 Arcade Street, Saint Paul
Deaz Judge Alfton:
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 Monday July 29, 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 J. M.
Peppercorn's, Inc. d1b/a Peppercorn's.
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.) Officer Andrew Shoemaker 2.) Officer Shawn Campbell
St. Paul Police Dept. St. Paul Police Dept.
100 E. 11 th Street 100 E. 11 th Street
St. Paul, MN 55101 St. Paul, MN 55101
3.) Officer Thomas Arnold 4.) Sgt. Eugene Polyak
St. Paul Police Dept. St. Paul Police Dept.
100 E. 11 th Street 100 E. 11 th Street
St. Paul, MN 55101 St. Paul, MN 55101
c��. -li��
5.) Officer Steve J. Anderson 6.) Joel R. Schultz
St. Paul Police Dept. 584 E. Magnolia Ave., Upper
100 E. l lth Street St. Paul, MN 55101
St. Paul, MN 55101
7.) Jerald Jay Jensen 8.) Ricky Joe Garbow
1470 York Ave., # 127 762 E. Jessamine Ave.
St. Paul, MN 55106 St. Paul. MN 55106
9.) Gerald Anthony Tuccitto
835 E. Geranium
St. Paul, MN 55106
The hearing is scheduled to start at 9:30 a.m. on Monday, July 29, 1996, in Room 40-A, St. Paul
City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102.
If you need additional information or have any questions regarding this request, please do not
hesitate to contact me at 266-8776. Thank you for your consideration in this matter.
Sincere ,
;
Peter P. Pangbo
Paralegal
_ STATE OF MINNESOTA �
OFF[CE OF ADM[NISTRAT[VE HEARINGS ��— �( /�
100 Washington Square, Suite 1700
100 Washington Avenue South
s
Minneapolis,AAinnesota 55401-2138
July 22, 1996
Peter P. Pangbom
Office of the City Attomey
400 City Hall
15 West Kellogg Boulevard
St. Paul, Minnesota 55102
RE: Licenses heid by J.M. Peppercom's, Inc. d/b/a Peppercom's for the
Premises Located at 1178 Arcade Street, St. Paui
Dear Peter:
Per your letter of July 19, 1996, enciosed find the nine subpoenas you
requested.
Sincerely,
C .
LOUISE C. COOPER
Office of Administrative Hearings
Telephone: 612/349-2682
endosure
Providing Impartial Hearings for Government and Citizens
An Equal Opportuniry Employer
Administrative Law Section 8 Administrative Senrices(612)341-7600 �TDD No. (612)341-7346�Fax No.(612)349-2665
� �= i ���-
a STATE OF MINNESOTA
=� OFFICE OF ADMINISTRATIVE HEARINGS
:
HEARING SUBPOENA
TO: Gerald Arrthony Tuccitto
835 E. Geranium
St. Paul, Min�esota 55106
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Robert R. Alfton of the O�ce of
. Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, 15 West
Kellogg Boulevard, Room 40-A, in the City of St. Paul, Ramsey County, Minnesota, on
the 29th day of July, 1996, at 9:30 o'clocic in the forenoon, to appear as a witness in the
matter of Licenses held by J.M. PeRnercom's. Inc. d/b/a Pe��ercorn's.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin
E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this 22,p,S1 of
,�jy, 1996.
.
. �_
KEVIN E. JO NS
Chief Administratrve Law Judge
612/341-7600
Subpoena requested by:
Peter P. Pangbom
(612) 266-8776
��� � ' ( �
STATE OF MINNESOTA
OFFICE OF ADMII�IISTRATIVE HEARINGS
HEARING SUBPOENA
TO: Ricky Joe Garbow --
762 E. Jessamine Avenue
St. Paui, Minne.gota 551�
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Robert R. Alfton of the Office of
Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, 15 West
Kellogg Boulevard, Room 40-A, in the City of St. Paul, Ramsey County, Minnesota, on
the 29th day of July, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the
matter of Licenses held by J.M. Peo�ercom's. Inc. d/b/a Pe�nercom's.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin
E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this 22.p,s! of
,�, 1996.
.
� L�`
KEVIN E. JOHNSO
Chief Administrative Law Judge
612/341-7600
Subpoena requested by:
Peter P. Pangbom
(612) 266-8776
�,- � �� �-
STATE OF MINNESOTA
OFFICE OF ADMINISTR.ATIVE �i]EARINGS
HEARING SUBPOENA
TO: Jeraki Jay Jensen
1470 York Avenue, #127
St. Paul, Minnesota 55106
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Robert R. Alfton of the Office of
Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, 15 West
Kellogg Boulevard, Room 40-A, in the City of St Paul, Ramsey County, Minnesota, on
the 29th day of July, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the
matter of Licenses held by J.M. Pe�nercom's. Inc. d/b/a Peo�ercom's.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin
E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this 22pS!of
,�y, 1996.
�_
KEVIN E. JOHNS
Chief Administrative Law Judge
612/341-7600
Subpoena requested by:
Peter P. Pangbom
(612) 266-8776
��= l ��a�
STATE OF MINNESOTA
� OFFICE OF ADMII�TISTRATIVE HEARINGS
:
HEARING SUBPOENA
TO: Jcel R. Schultz
584 E. Magnolia Avenue, Upper
St. Paul, Minnesota 55101
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Robert R. Alfton of the Office of
Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, 15 West
Kellogg Boulevard, Room 40-A, in the City of St. Paul, Ramsey County, Minnesota, on
the 29th day of July, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the
matter of Licenses held by J.M. Peo�ercorn's. Inc. d/b/a Peooercom's.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin
E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this �of
,�J�, 1996.
.
�.,._
K N E. JOHNSO
Chief Administrative Law Judge
612/341-7600
Subpoena requested by:
Peter P. Pangbom
(612) 266-8776
� � _ i , � �--
STATE OF MINNESOTA
� OFFICE OF ADMINISTRATIVE HEARINGS
:
f[FARING SUBPOENA
TO: Officer Steve J. Anderson
St. Paui Police Department
100 E. 11 th 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 Robert R. Aifton of the Office of
Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, 15 West
Kellogg Boulevard, Room 40-A, in the City of St. Paul, Ramsey County, Minnesota, on
the 29th day of July, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the
matter of Licenses held by J.M. PeRpercorn's. Inc. d/b/a Pennercom's.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin
E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this 22p� of
,�,�, 1996.
�
� vL..`
K N E. JOHNSON
Chief Administrative Law Judge
612/341-7600
Subpoena requested by:
Peter P. Pangbom
(612) 266-8776
� � - I I � �
STATE OF MINNESOTA
- OFFICE OF ADMIlVISTRATIVE HEARINGS
HEARING SUBPOFNA
TO: Officer Eugene Polyak
St. Paul Police Department
100 E. 11 th Street
St. Paui, Minnesota 55101
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Robert R. Alfton of the Office of
Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, 15 West
Kellogg Boulevard, Room 40-A, in the City of St. Paul, Ramsey County, Minnesota, on
the 29th day of July, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the
matter of Licenses held by J.M. Peopercorn's. Inc. d/b/a Peo�ercom's.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin
E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this 2�of
,�, 1996.
� � �.�
K IN E. JOHNSO
Chief Administrative Law Judge
612/341-7600
Subpoena requested by:
Peter P. Pangbom
(612) 266-8776
�C�
� �\��'
STATE OF MINNESOTA
OFFICE OF ADMIIVISTR.ATIVE HEARINGS
HEARING SUBPOENA
TO: Officer Thomas Amold
St. Paul Police Department
100 E. 11 th 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 Robert R. Alfton of the Office of
Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, 15 West
Ketlogg Boulevard, Room 40-A, in the City of St. Paul, Ramsey County, Minnesota, on
the 29th day of July, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the
matter of Licenses held by J.M. Pe��er�, Inc. d/b/a Penner„� com's.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin
E. Johnson, Chief Administrative Law Judge, at IVlinneapolis, Minnesota this ZZtld of
,�y,q�, 1996.
�
J�t.•1
KEVIN E. JO NS
Chief Administrative Law Judge
612/341-7600
Subpoena requested by:
Peter P. Pangbom
(612) 266-8776
�� � ``� �
STATE OF MINNESOTA
OFFICE OF ADMII�TISTRATIVE HEARINGS
:
H[FARING SUBPOENA
TO: Officer Shawn Campbell
St. Paul Police Department
100 E. 11 th 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 Robert R. Alfton of the Office of
Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, 15 West
Kellogg Boulevard, Room 40-A, in the City of St. Paul, Ramsey County, Minnesota, on
the 29th day of July, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the
matter of Licpnses held b�J.M. PeR�ercorn's. Inc. d/b/a Peopercam's.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin
E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this� of
,�y, 1996.
K IN E. JO NS •
Chief Administrative Law Judge
612/341-7600
Subpoena requested by:
Peter P. Pangbom
(612) 266-8776
� �- 1 � ��-
�
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
:
H[EARING SUBPOENA
TO: Officer Andrevv Shoemaker
St. Paul Polioe Department
100 E. 11 th Street
St. Paul, Minnesota 55101
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside atl your business and excuses
and to appear before Administrative Law Judge Robert R. Alfton of the Office of
Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, 15 West
Kellogg Boulevard, Room 40-A, in the City of St. Paul, Ramsey County, Minnesota, on
the 29th day of July, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the
matter of Licenses held by J.M. PeRnercorn'c_ i�� ri/h/a PaRp����nn,��.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorabie Kevin
E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this�p,�of
,�upt, 1996.
Lt/L.__
KEVIN E. JOHNSO
Chief Administrative Law Judge
612/341-7600
Subpoena requested by:
Peter P. Pangbom
(612) 266-8776
OFFICE OF THE CITY ,�TTORNEY
T,�olJn E .A4arx, �'rn•.4rro�neti� ^�
J ( �
CIT� �� SAIN�' PA� '' c'h•i!Drvis�on
1�'o�m Caleman, hlayor J00 Crn Hal! Telephone: 61<�6�8?!0
1 s �i•'csr Jie11o,�R Blv�i. Facsimlle: 612:9R-Sb19
Sam�f'aul, ,�finiiesota S 51 p:
���
Julv 19. 1996
VIA �'AX AN-D U.S. MAIX,
Judge Kc�bert R. .Alfton
c:%o Lc�uise Cooper
Office of Administrat�ve Heanr�gs
l0U ��ashino on Syuare, Suite 1700
l�-tinneapolis, Miru�esota ��4p1-2138
RE: �icenses held by J. M. Peppercorn's, Ine. d�b/a Peppei•corn's �or the prez�lises located at
1 178 Arcade Street, Saint Paul
I7ear Judge Alfton:
'1�he purpose of this letter is t.o request subpoenas pursuant to Minnesota Rules, part 1400.7000
relating to the above-mentioned contested case hearing that is scheduled to be heard be�ore you
on 1��londay July ?9, 1996. This request is niade of behalf of Ms. Virginia Palmer, tkie attorney
a�si�ned to this matter. The City of St. Pau] License Di<<ision will be calling these ��tnesses to
testify regarding the incident which serves as a basis for the action against the licenses of J. 1��.
�'eppercorn's, Inc. ci/b/a Peppercorn's.
In order to ensure these individuals w•il] be in attendance to testify, the City of St. Paul requests
frurn the State Of�fice of' Administrative Heari►le,s subpoenas for t�te follouirzg individuals:
1.j Uffieer A.ndrew Shoe�naker ?.) Officer Sha��n C'arripbell
St. Pa►.�l Police �)ept. St. Yaul Police Dept.
100 E. 1 l tt� Street 100 E. 1 1 th Street
St. Paul, ��fN S�I Ol St. Paul, A�iN 55101
>.1 Ofticer Thomas Arnold 4.) S�n. Eu�ene Polyak
St. Paul Police Dept. St. Pau] Police Dept.
100 E. 1 1 th Street 100 E. 1 1 th Street
St. Yaul, ivII�1 55101 St. Paul, ���LN 5510�
,
;='�-i':-i �'_+`+,'r,t':=�� Ql �-�I��O '-�.!,�IJ;�Cil1H .'.lIJ lJ[C�� �:T :�T '?r,r,T—r,T—�1I1
:_C�'�.j li+10 l.
�.� " � �� �
�.) Oi�f,cer Steve J. Anderson 6_) Joel R. Schi�ltz
St. Paul Polire Dept. 58�3 E. Vlagnolia Ave., [.7ppzr
100 E. 1 1 th Street St. Paul. I�f1v a S 101
St. Paul, I��? 55101
7 ) ier�lc� Ja}' .iencen 8.) Ricky Joe Garbo���
1470 �'c�rk Ave., � 1�7 762 E. iessamine Ave.
St. Paul, 'vlTv ��l Ob St. Paul. MN ��106
�).) C�erald Anthanv Tuccitto
bi5 E. Gcranium
St. Paul. MN 55106
Thc hearing is �cheduled to �tart at 9:�0 a.m. on Monday, July ?9, 1996, in Room 40-A, St. Paul
City Hall, 15 West Kelloe,d Boule�ard, St. Paul, ?vf'�I ��10?.
lf� ��ou need additional inforniation or have anv questions regarding this reqt�est, please do ❑ot
hecitate. to cont�ct me at 266-S776. Thank }�ou for your consideration in this matter.
�1JJl'CI'C�V, /
- �,�. �
, ,��Y,
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Petc,r P. I'�nngbonx/
Parale�a!
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< TRANSACTIOf� REPORT >
�7-19-1996(FRI) 15:22
C R E C E I V E 7
N0. DATE TIME DESTINATION STATION PG. DURATION MODE RESULT
13154 7-19 15�20 612 298 5619 3 O°�1 ' 14" NORM.E OK
3 0°�1 ' 14"
OrI�iCF: OP TtIE CITY �TTORNEY
Tnrodtv r. p4arx CIn .4norncv
----------- - ------------ � �(�--I I �a-
CI'I�Y OF SAINT PA�JL �n�il Dh'ision
��'orrn Cnl��n�2n b/G)'Or -1I)Q C:t!l'fl�(1 Te4f,�hnne: /j:�G6_�Q?jll
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FAX TRANSMISSION
DATE: July 19, 1996
TO: Judge Robert R. Alfton FAX Na.: 349-2665
c/o Louise Cooper
Office of Administrative Hearings
NUMBER OF PAGES (including cover page): 3
FROM: Peler Pangbom FAX No.: 29$-5619
Paraleyal
St. Paul City Attomey's Office
400 City Hall
1f you do nor rer_e�ve all pages a/this transmission, please contact:
Peter Pangbom Telephone No ?FFi-A776
i�:l'•j �'_+'?.-_'r.!'�.r:. Ol �=�f�.�Ci ':�'.�31I,�Ci11H .'.11 :� iI(i��� `=T :�T �?r,r,T-r,T-�1I1
, OFFICE OF THE CITY ATTORNEY J ( I��
Timothy E. Marx, Ciry Attorney �
CITY OF SAINT PALTL r �� � � k' _ (,`� CivilDivisron
Norm Coleman, Moyor �` J��A� $ 400 Ciry Hal1 Telephone: 612 766-8710
f J '� � � �,t� ��� �,�5 WesJ Ke!logg Blvd. Facsimrle: 612 298-5619
r ,, ,.,..,, , Saint Paul, Mrnnesota 55102
Hi i ;;; si,�-s�Ir'i�.
� �I: � -��;sir;�
��t-�,?s ;�ia,?
June 13 , 1996
NOTICE OF HEARING
Ralph J. Freeman �
Peppercorn' s
1178 Arcade Street
Saint Paul, Minnesota 55106
Re : All Licenses of J. M. Peppercorn' s, Inc . d/b/a Peppercorn' s
License ID: 74434
Our File Number: G96-0193
Dear Mr. Ralph Freeman:
Please take notice that a hearing will be held at the following
time, date and place concerning all licenses for the premises
stated above :
Date: Monday July 29, 1996
Time: 9 :30 a.m.
Place: Room 40-A
St. Paul City Hall
15 W. Kellogg Blvd.
Saint Paul, I�IN. 55102
The hearir.g wi1Z be presided over by an AdministraLive Law Judge
from the State of Minnesota Office of Administrative Hearings :
Name: Robert R. Alfton
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, NII�T. 55401
Telephone: 341-7600
The Council of the City of Saint Paul has the authority to provide
for hearings concerning licensed premises and for adverse action
against such licenses, under Chapter 310, including sections 310 . 05
and 310 . 06, of the Saint Paul Legislative Code. In the case of
licenses for intoxicating and non-intoxicating liquor, authority is
also conveyed by Minnesota Statutes section 340A.415 . Adverse
��� < <��-
action may include revocation, suspension, fines and other
penalties or conditions .
Evidence will be presented to the judge which may lead to adverse
action against all the licenses you hold at the above premises as
follows :
On or about April 6, 1996, a patron of the bar, Joel
Schultz, was allegedly assaulted by another patron in the
bar. Both individuals were removed from the bar. Bar
eanployees refused Mr. Schultz's request to call the
police. When police returned to the bar, cooperation by
the bar staff was minimal. These actions, failure to
contact the police following an alleged assault and a
iailure to cooperate with the police during an
investigation of that incident, are violations of city
ordinances and/or state statutes.
On or about April 21, 1996, at approximately 1:40 a.m. ,
an individual left the licensed establishment with 2 - 12
packs of beer. While police were investigating the
incident, the owner or other employee was uncooperative
with the investigating officer. These actions, being
open after hours, sale of alcohol after hours, sale of
alcohol for off-premise consumption without a license to
do so and failure to cooperate with police, are
violations of city ordinances and/or state statutes.
On or about April 25, 1996 just before midnight, a
bartender sold an alcoholic beverage to a minor. After
being informed of the sale, employees of the licensed
establishment followed licensing personnel out of the bar
and harassed the licensing staff. These actions, sale of
an alcoholic beverage to a minor and harassment of
licensing staff are violations of city ordinances and/or
state statues.
On May 1, 1996 at approximately 9:30 p.m. , the bartender
served alcoholic beverages to an obviously intoxicated
patron who also purchased a controlled substance on the
licensed premises. These actions, sale of alcohol to an
obviously intoxicated person and failure to control
illegal activity on the licensed premises, are violations
of city ordinances and/or state statutes.
On May 1, 1996, at approximately 10 :30 p.m. , the
bartender or other employee sold an alcoholic beverage to
a minor. This action, sale of alcohol to a minor, is a
violation of city ordinances and/or state statutes.
Notice of Hearing - Page 2
��� � � ��
On May 5, 1996, at approximately 11:45 p.m. , an
individual was arrested in the rear parking lot and was
charged with possession of a controlled substance.
Failure to control illegal activity on the licensed
premises is a violation of city ordinances and/or state
statutes.
These actions, failure to contact police following an
assault, failure to cooperate with police, sale of
alcoholic beverages for consumption away from the
licensed premises without a license, open after closing
time, sale of alcohol to a minor and to an obviously
intoxicated person and failure to control illegal
activity on the licensed establishment are violations of
both state laws and city ordinances, and constitute
grounds for adverse actions against all the licenses for
the licensed establishment.
You have the right to be represented by an attorney before and
during the hearing 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 Minnesota Statutes sections 14 . 57 to 14 . 62 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 have all parties
identify themselves for the record. The City will then present its
witnesses and evidence, each of whom the licensee or attorney may
cross-examine. The licensee may then offer in rebuttal any
witnesses or evidence it may wish to present, each of whom the
City' s attorney may cross-examine. The Administrative Law Judge
may in addition hear relevant and material testimony from persons
not presented as witnesses by either party who have a substantial
interest in the outcome of the proceeding; for example, the owners
or occupants of property located in close proximity to the licensed
premises may have substantial interest in the outcome of the
proceeding. 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 .
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 .
Notice of Hearing - Page 3
. LL
� �=� ���-
If you think that this matter can be resolved or settled without a
formal hearing, please contact or have your attorney contact the
undersigned. If a stipulation or agreement can be reached as to
the facts, that stipulation will be presented to the Administrative
Law Judge for incorporation into his or her recommendation for
Council action.
If you fail to appear at the hearing, your ability to challenge the
allegations will be forfeited and the allegations against you which
have been stated earlier in this notice may be taken as true . If
non-public data is received into evidence at the hearing, it may
become public unless objection is made and relief requested under
Minnesota Statutes, Section 14 . 60, subdivision 2 .
Very truly yours,
�� � ���
uti���,c� ,�
Virginia D. Palmer
Assistant City Attorney
cc : Ralph J. Freeman J.M. Peppercorn' s, Inc. , P.O. Box 127,
Swanville, MN 56382
Mitchell A. Freeman, Peppercorn' s, 1178 Arcade St . , St . Paul,
Minnesota 55106
Nancy Anderson, Assistant Council Secretary
Robert Kessler, Director, LIEP
Gary Pechmann, Deputy Director, LIEP
Judge Robert R. Alfton, Office of Administrative Hearings, 100
Washington Square, Mpls, MN 55401
Nancy Thomas, Office of Administrative Hearings, 100
Washington Square, Mpls, MN 55401
Sue Vannelli, Community Organizer, Payne Phalen District 5
Planning Council, 1014 Payne Ave. , St . Paul, MN 55101
Sgt . Per Tredal, SIU, St. Paul Police Dept .
Notice of Hearing - Page 4