268414 WHITE - CITV GLERK � COUIICll ��Q��� �
PINK - FINANCE
BLUERV - MAVORTMENT GITY OF SAINT PAITL V
File N 0.
� � il Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the Metropolitan Business Men and Professional
Men' s Club, Inc. , holds Private Club License No. 6746 and
Cigarette License No. 6772, both expiring February 23, 1977,
issued for the premises at 546 Concordia Avenue, Saint Paul,
pursuant to the Saint Paul Legislative Code; and
WHEREAS, the licensee was notified by letters dated
November 24 and December 13, 1976, and by oral communications
to Paul Ray, counsel for the licensee, that a hearing would
be held before the License Comrnittee of the City Council on
January 5, 1977, on the License Inspector' s recomm.endation
that the private club license involved be revoked; and
WHEREAS, a hearing was held on January 5 and 12, 1977,
by the License Committee of the City Council, at which the
licensee appeared by its president, Mr. Joseph Ray, and was
represented by its attorney, Paul H. Ray, at which hearing
the licensee was afforded an opportunity to cross-examine
witnesses supporting the license inspector' s allegations and
to present testimony in rebuttal thereto; and
WHEREAS, the License Inspector based his recommendation
of revocation of the private club license held by Metropolitan
on the following grounds, all of which were contained in the
said letters to the licensee (on January 5, 1977, the alle ation
regarding June 19, 1975, was amended to read June 29, 1975�,
as follows : - �
1. June 29, 1975: Violation of closing hours.
COUNCILMEN
Yeas Nays Requested by Department of:
Butler
Hozza [n Favor
Hunt
Levine _ Against BY
Roedler
Sylvester
Tedesco
Form Appr e by City At ey
Adopte� by Council: Date ' .
Certified Passed by Council Secretary BY
By �,. _
Approved by Mayor: Date Approved by Mayor for Submission to Council
By BY
a. ' ������
2. March 27, 1976: The selling of intoxicating
liquors without the proper license.
� 3. Ma.y 5, 1976: The selling of intoxicating
liquors without the proper �icense.
4. November 19, 1976: Violation of closing hours;
and
WHEREAS, the above violate Sections 308.02 and 392.05 of the
Saint Paul Legislative Code; and
WHEREAS, testimony was received from Joseph F. Carchedi,
License Inspector; Sgts. Michael McGinn, John Voita, and Ma.rk
Jessen, and Officers Clifford Kelly and Clem Tucker, all of
the Saint Paul Police Department; together with various exhibits
including police reports, crime laboratory reports, and photo-
graphs; and from Joseph Ray, President of the licensee; Jessie
Warren; and Tex Crisler; both members of the licensee, together
with physical evidence, documents and exhibits; and
WHEREAS, the evidence received by the Committee clearly
and convincingly established that on June 29, 1975 and November
19, 1976, the club was open and in operation after the hour of
1:00 a.m. during which time numerous persons were on the premises,
and were both consuming and displaying alcoholic beverages after
closing hours in violation of the ordinance; and that on Ma.r�h
27 and Ma.y S, 1976, two different police officers, acting under-
cover and assigned to the vice unit of the Saint Paul Police
Department, purchased at the Metropolitan Club intoxicating
liquors for money; and that such Club did not possess a license
under Chapter 308 of the Legislative Code; that such intoxi-
cating liquors were saved and tested by the criminalist for
the police laboratory and found to contain amounts of alcohol
in excess of the statutory and ordinance definition of intoxi-
cating liquors; and
WHEREAS, the License Committee voted unanimously to
recommend that the Cit Council suspend the operation of the
licensee for sixty (60� days, on the basis that, while the
testimony submitted by the licensee was extremely disturbing
for its lack of candor, this penalty would be consistent with
WHITE — CITV CLERK � ,e
PINK — FINANCE GITY OF SAINT PALTL ������ �
CANARV — DEPARTMENT COURCll j
BLUE — MAVOR File NO• �•
� � ' Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
Page 3.
the discipline imposed upon licensees in similar situations by
the Council previously; and
WHEREAS, a copy of this Resolution as proposed by the
License Committee has been ma.iled to Paul H. Ray, attorney for
the licensee, and to Joseph Ray, President of the licensee;
now, therefore, be it
RESOLVED, that all operations (including both licenses)
of the licensee are hereby suspended for a period of sixty (60)
days, commencing at 12:01 a.m. of the day after this Resolution
is published, said period to be continuous and past the renewal
date of February 23, 1977 ; and, be it
FURTHER RESOLVED, that, subject to the continuous running
of the sixty (60) day suspension period, both licenses are
hereby renewed, and the licensee ma.y resume operation of the
premises so licensed after the termination of the auspension.
COUNCILMEN Requested by Department of:
Yeas Nays /
Butler
Hozza in Favor
Hunt �
�'� __ Against BY
�l�r
Sylves
T sco �AN � g �g'n; Form Approved by City Attorney
Ado d by Council: Date
ertified Pa. y Cou cretar4 By
Approv Mayor: _ �{�(1� 2;4 �977 Approved by Mayor for Submission to Council
By BY
�t�BI.�SHE� JAN 2 9 1977