01-38-a
Presented By
Re£erred To
�
2
4
ADOPTION OF UPPER LANDING
URBANDESIGNMASTER PLAN
6 WHEREAS, the Upper Landing, roughiy bounded by Chestnut Street on the east, the Mississippi River on
7 the south, the High Bridge on the west and Shepard Road on the north, has been identified in the Saint Paul
8 on the Mississippi Development Framework and Land Use Plan chapter of the Comprehensive Plan as a key
9 redevelopment site for the creation of a new mixed-use urban village; and
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WHEREAS, the Upper Landing Precinct Plan, part of the Development Framework, noted that detailed
technical analysis of engineering, regulatory and development feasibility issues was necessary before a final
development/urban design plan could be prepazed; and
WHEREAS, in Au�ust, 1999, Centex Multi-Family Communities was granted tentative developer status for
the Upper Landing to explore the feasibility of developing the site according to the vision laid out in the
Development Framework; and
WHEREAS, Centex is currently proposing to develop a mixed-use community of approximately 600 for-sale
and rental housin� units, 23,000 square feet of commercial space, and open space; and
WHEREAS, in 3une 2000, the Saint Paul on the Mississippi Design Center was asked to assist in the
preparation of an urban desien framework for the Upper Landing to guide the arrangement and desi�n of
public and private spaces in the new neighborhood; and
25
26 WHEREAS, the Desisn Center brought together the developer and its technical consultants, City staff and
27 the Saint Paul Riverfront Corporation, along with its own consulting team, to prepare the Upper Landing
28 Urban Design Master Plan; and
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WHEREAS, the Planning Commission released the Upper Landing Urban Design .ldaster Plan for public
comment on December 1, 2000; and
WHEREAS, Design Center, City and Saint Paul RiverFront Corporation staff inet �i1th the �V. 7th/Fort Road
Federation and the Historic Irvine Park Association during December 2000 to present and discuss the Master
Plan; and
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�oun��� File � �1 — 1 3 b'
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0 1-\3�
WHER�AS, the Planning Commission, after a 30-day comment period and public hearing adopted the
Upl�er Landing Urbun Design Master Plan as the official urban design framework for the Upper Landing,
with two amendments: 1) the recommended heights shown on PaQe 13 should be amended on the westerly
side of Block 1 from 5 stories to 3-5 stories; and 2) the recommended heights sho��n on Page 13 should be
amended on the northwesterly corner of Block 2 from 4-6 stories to 3-6 stories; and
WHEREAS, the Planning Commission endorsed Option 1 on Page 19 as the preferred method of addressing
the existence of a 20" water line along the river's edge of the site, assuming the Upper Landing development
proceeds on schedule. If it does not occur in a timely manner, the Planning Commission recommends Option
2 so that trail construction can proceed as originally planned; and
WHEREAS, the Planning Commission has initiated a 40-Acre Study to explore the appropriateness of
rezoning the remaining riverfront land zoned RCR-1, RCC-1 and RCI-1, consistent �cith Implementation
Recommendation #4, Page 51, of the Mississippi River Corridor Plan; and
WHEREAS, the Planning Commission requested that City and Design Center staff work with the affected
district councils and neighborhood residents to prepare more detailed design guidelines for the Upper Landing
site, consistent with the Saint Paul on the Mississippi Development Framework, the _�lississippi River
Corridor Plan and the Upper Landing Urban Design Master Plan; and
WHEREAS, the Planning Commission directed staff and the developer to continue to work with the affected
district councils and neighborhood residents on height, massing, views and any other issues that arise in the
planning, design and eYecution of the new neighborhood; and
WHEREAS, the Housing and Redevelopment Authority approved a Memorandum of Intent between the
HRA and Centex Multi-Family Communities on January 24, 2001; and
WHEREAS, the City Council held a public hearing on the Upper Landing Urban Design Master Plan on
Febniary 7, 2001, notice of which was published in the Pioneer Press on January 29, 2001.
73 NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the Upper Landing Urban
74 Design Master Plan as the official urban design framework for the Upper Landing, nith two amendments: 1)
75 the recommended heiehts shown on Page 13 should be amended on the �vesterty side of Block 1 from 5
76 stories to 3-5 stories; and 2) the recommended heights shown on Page 13 should be amended on the
77 northwesterly corner of Block 2 from 4-6 stories to 3-6 stories; and
78
79 BE IT FURTHER RESOLVED, that the City Council endorses Option 1 on Paae 19 as the preferred
80 method of addressins the existence of a 20" water line along the river s edge of the site, assumin� the Upper
81 Landing development proceeds on schedule. If it does not occur in a timely manner_ the City Council
82 recommends Option 2 so that trail construction can proceed as ori�inally planned; and
83 �
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BE IT FURTHER RESOLVED, that the City Council requests that City and Design Center staff work with
the affected district councils and neighborhood residents to prepare more detailed design guidelines for the
Upper Landing site, consistent with Yhe Saint Paul on the Mississippi Development Frametinor�k, the
Mississippi River Corridor PZan and the Upper Landing Ur-ban Design Master- Plan; and
BE IT °'^Tr�-�"ts�r FURTHER RESOLVED, that the City Council directs staff and the developer to
continue to work with the affected district councils and neighborhood residents on height, massing, views and
any other issues that arise in the plannin�, design and execution of the new neighborhood; and
BE IT FINALLY RESOLVED, that. based on the work of the Upper Landina Work Teams and continuina
neeotiations between the HRA and Centex prior to approval of the redevelopment a�reement. the HRA mati
consider varvin� the maximum heights to help �enerate the financial resources necessarv to fund remediation
and public infrastructure costs.
Requestec by Department c..
P:ac:ina & Econo;2_c Develooment
B�: :
Form App-oved by City Pccorney
Adoption CeYtified by Council Secretary B��
By: � -�� �- - --
�.. � y�r �� Approved 'ny Mayor for Simission to Council
i0[�] OU/
Approved by Mayor: Date �
g�, / By:
Adonted by Council: Date `�„� ��' �QQ�
. �
DEPARTMENT/OFFICE/COUNCIL: DATE IlVITTATED GREEN SHEET NO.: 11117H �,��.�{
PED Febmary 5, 2001
CONTAC7' PERSON & PHONE: � ATE INITTAI./DATE
L.UCy �lOIDpSOIl� 266-6578 1 DEPARI'N4NT DIIL 4 CITY COUNCIL
MUST BE ON COUNCIL AGENDA BY (DATE) �IGN ? CITY ATTORNEY _ CITY CLE2K
Feb 14 2��1 N�JMBER �1N�NCIAL SERV DIR. _ FINANCIAL SERV/ACCTG
��' � FOR 3 MAYOR (OR ASST.) _ CIVII. SERVICE COMIvIISSION
ROi7TING �
ORDER
TOTAL # OF SIGNATORE PAGES _1_(CLIP ALL LOCATIONS FOR SIGNAT[JRE)
ACI'ION REQUESTED:
RECObIIvfENDA1TONS: Appmve (A) or Reject (R) PERSONAI, SERVICE CON'1'RAC1'S MOST ANSWER'I'HE FOLLOWING
QUEST[ONS:
A_ PLANNING COMMISSION 1. Has thit person/finn ever worked under a contract for this departrnent?
CIB COMMII7EE Yes No
CIV[L SERV[CE COMIvIISSION 2. Has this personlfian ever 6een a city empLoyee?
Yes No
3. Does this persoNfinn possess a skil] not nonnally possessed by any current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTI7NI7'P (Who, What, Wheu, Where, Why):
As discussions with Centex Multi-Family Communities progressed, it became cleaz that there was a need for an
urban design framework for the Upper Landing that would establish the street and block pattern, building
configurations and heights, and a network of open spaces for the new neighborhood. In response, the Saint Paul on
the Mississippi Design Center worked with the developer, City staff, technical experts and Xcel Energy to prepare
the Upper Landing Urban Design Master Plan. It has guided, and will continue to guide, the prepazation of final
development plans.
ADVANTAGESIFAPPROVED ,
There will be an urban design framework to guide Centex and its sub-developers as they continue to refine their
plans for the Upper Landing site.
DISADVANTAGESIFAPPROVED:
None.
DLSADVANTAGESIFNOTAPPROVED:
There will be no urban design framework in place to guide development of the Upper Landing site.
TOTAL AMOUNI' OF'1'RANSACTION: $ N/A COST/REVENIJE BUDGETED:
FUNDING SOURCE: ACTIVII'Y NUMBER:
FINANCIAL IlVFORNIATION: (EXPLAII�
I-I �Shared�Ped�THOMPSLA�upperiaM�v�greenehee�.wpd
fS� �c�
��� � � ����
�RIGil�AL
PAU
Sheet # � � � t �g
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Presented By
Referred To
Date
�t
ADOPTION OF UPPER LANDING
URBANDESIGNMASTER PLANi
WHEREAS, the Upper Landing, roughly bounded by Chestnut S et on the east, the Mississippi River on
the south, the High Bridge on the west and Shepazd Road on the orth, has been identified in the Saint Paul
on the Mississippi Development Framework and Land Use Pla chapter of the Comprehensive Plan as a key
redevelopment site for the creation of a new mixed-use urb illage; and
WHEREAS, the Upper Landing Precinct Plan, part
technical analysis of engineering, regulatory and dev
development/urban design plan could be prepared; at
WHEREAS, in August, 1999, Centex Mult
the Upper Landing to explore the feasibility
Development Framework; and
Development Fi-amework, noted that detailed
�nt feasibility issues was necessary before a fmal
Communities was granted tentative developer status for
�ping the site according to the vision laid out in the
WHEREAS, Centex is currently propos' g to develop a mixed-use community of approximately 600 for-sale
and rental housing units, 23,000 squase eet of commercial space, and open space; and
WI�REAS, in June 2000, the Sai Paul on the Mississippi Design Center was asked to assist in the
preparation of an urban design fr ework for the Upper Landing to guide the arrangement and design of
public and private spaces in the ew neighborhood; and
WHEREAS, the Design C ter brought together the developer and its technical consultants, City staff and
the Saint Paul Riverfront orporation, along with its own consulting team, to prepare the Upper Landing
Urban Design Master P n; and
WHEREAS, the Pl �ng Commission released the Upper Landing Urban Design Master Plan for public
comment on Dece ber 1, 2000; and
WHEREAS, esign Center, City and Saint Paul Riverfront Corporation staff inet with the W. 7th/Fort Road
Federation d the Historic Irvine Park Associafion during December 2000 to present and discuss the Master
Plan; and
Council File # O� ►3g
Resolution #
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OR(GfNAL
o,_,��
WHEREAS, the Plazuiing Commission, after a 30-day comment period and public hearing adopted the
Upper Landing Urban Design Master Plan as the official urban design framework for the Upper Landing,
with two amendments: 1) the recommended heights shown on Page 13 should be amended on the westerly
side of Block 1 from 5 stories to 3-5 stories; and 2) the recommended heights shown on Page 13 should be
amended on the northwesterly corner of Block 2 from 4-6 stories to 3-6 stories; and
WHEREAS, the Plamiing Coxnmission endorsed Oprion 1 on Page 19 as the preferred method of addressing
the existence of a 20" water line along the river's edge of the site, assuming the Upper Landing development
proceeds on schedule. If it does not occur in a timely manner, the Planning Commission recommends Option
2 so that trail construction can proceed as originally planned; and �
WHEREAS, the Plamiing Commission has initiated a 40-Acre Study to explore the ppropriateness of
rezoning the remaining riverfront land zoned RCR-1, RCG1 and RCI-1, consiste with Implementation
Recommendation #4, Page 51, of the Mississippi River Corridor Plan; and
WHEREAS, the Planning Commission requested that City and Design nter staff work with the affected
district councils and neighborhood residents to prepare more detailed sign guidelines far the Upper Landing
site, consistent with the Saint Paul on the Mississippi Development amework, the Mississippi River
Corridor Plan and the Upper Landing Urban Design Master Pla , and
WHEREAS, the Planning Commission directed staff and th developer to continue to work with the affected
district councils and neighborhood residents on height, ma ing, views and any other issues that arise in the
planning, design and execution of the new neighborhoo and
WHEREAS, the Housing and Redevelopment Au rity approved a Memorandum of Intent between the
HRA and Centex Multi-Family Communities on J uary 24, 2001; and
WHEREAS, the City Council held a public aring on the Upper Landing Urban Design Master Plan on
February 7, 2001, notice of which was publ' ed in the Pioneer Press on January 29, 2001.
NOW, THEREFORE, EE IT RESO ED, that the City Council hereby adopts the Upper Landing Urban
Design Master Plan as the official ur design framework for the Upper Landing, with two amendments: 1)
the recommended heights shown o age 13 should be amended on the westerly side of Block 1 from 5
stories to 3-5 stories; and 2) the commended heights shown on Page 13 should be amended on the
northwesterly corner of Block from 4-6 stories to 3-6 stories; and
BE IT FURTHER RES VED, that the City Council endorses Option 1 on Page 19 as the preferred
method of addressing th existence of a 20" water line along the river's edge of the site, assuming the Upper
Landing development roceeds on schedule. If it does not occur in a timely manner, the City Council
recommends Optio so that trail construction can proceed as originally planned; and
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94
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01-�3p'
BE IT FURTHER RESOLVED, that the City Council requests that City and Design Center staff work with
the afFected district councils and neighborhood residents to prepaze mare detailed design guidelines for the
Upper Landing site, consistent with the Saint Paul on the Mississippi Development Framework, the
Mississippi River Corridor PZan and the Upper Landing Urban Design Master PZan; and
BE IT FINALLY RESOLVED, that the City Council directs staff and the developer to continue to work
with the affected district councils and neighborhood residents on height, massing, views and any other issues
that arise in the planuing, design and execution of the new neighborhood. �
QR!�I�IAL
Requested by Department of:
Coleman
Harris
Lantry
Reiter
Adopted by Council:
Adoption Certifie
By:
Approved by Mayor:
By: —
Planninq & Economic Development
�� By:
��
Form Approved by City t orney /�
DatE /� •�
/ y �
by Council Secretary BY� ���
Approved by Mayor for Submission to Council
Date
v
By:
Council File # O l � �' �
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
Referred To
Green Sheet # ( p� Q � p
13
Comxnittee: Date
0
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WHEREAS, the City of Saint Paul, Office of License, Inspections and Environxnental
Protection (LIEP) initiated adverse action against the licenses held by Beauer Lounge, Inc., d/b/a
Beaver Lounge for the premises at 756 Jackson Street in Saint Paul, for selling alcohol to an
underage person in violation of Minn. Stat. §340A.503 arising from an incident that occurred on
July 20, 2000, and for failing to allow entry to the premises to a Saint Paul police officer in
violation of Saint Paul Legislative Code §409.26(b)(7) arising from an incident that occurred on
Sep'tember 8, 2000; and
WHEREAS, an administrative hearing was held before Adminish Law Judge
Beverly Jones Heydinger on November 1, 2000 at which time the Licensee did not dispute the
facts of the incidents, but wished to contest the appropriate penalty; and
WFIEREAS, the Administrative Law Judge issued her report on November 27, 2000
finding that there was a basis to impose adverse action against the licenses based upon the two
violations; and
WHEREAS, the Beaver Lounge has had two prior adverse license actions within the last
18 months, a five-day license suspension imposed on Apri128, 1999 for failure to allow the
police enhy to the premises and a$500 fine for a March 29, 2000 sale of alcohol to an underage
person, both of which are violarions listed in the penalty matrix in §409.26(b), making these a
third appearance before the council with multiple violations; and
WHEREAS, the LIEP Office has recommended imposition of a 45-day suspension
against the licenses, and a fine of $1,000, together with the costs of the hearing, in the amount of
$508.80; and
WIIEREAS, at the public hearing on December 20, 2000 the owners of the Beaver
Lounge stated that they intend to sell the business to a new owner, and that they will enter into a
management agreement with the new owners to manage the business while they apply far a
license in their own name; now, therefore be it
RESOLVED, that the Council of the City of Saint Paul, a$er due deliberation based upon
all of the evidence contained in the files, records and proceedings herein, including the
documents and eachibits introduced at the hearing before the Administrative Law Judge, and the
testnnony at the public hearing, does hereby order:
That the Findings of Fact, Conclusions of Law and Report of the Administrative
law 7udge in this matter be adopted as the findings of the Council in this matter,
1 and be incorporated herein by reference. � �_�
2
10
11
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15
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2. That the licenses issued to Beaver Lounge, Inc., dlbfa Beaver Lounge at 756
Jackson Street sha11 be suspended for a period of 45 days for the violations of sale
of alcohol to an underage person on July 20, 200Q and failing to allow entty to
the premises to a Saint Paul police officer on September 8, 2000. This suspension
shail be stayed for a period of 60 days from this date to allow the sale of the
business to take place, and the new owners to obtain a liquor license. At the end
of 60 days if the sale has not gone through or the new owners have been unable to
obtain a license, this matter shatl be returned to the council agenda for further
action.
3. That the Licensees shall pay a fine of $1,000, and shall pay the costs of the
hearing before the administrative law judge in the amount of $508.80.
A copy of this Resolution, as adopted, shall be sent by first class mail to the licensee and
to the Administrative Law 7udge.
Requested by Department o£:
BY� � `�_�_ �� _�i�.l�
Approved by Mayor: Date �,�( 2�j ZQ�!
&y:
By:
Form Approved by City Attorney
BY� �
Appzoved by ayor for Submission to Council
By:
Adopted by Council: Date �OO�
Adoption Certified by Counci Secretary
ot-sY
a���
Palmer , 266-&71Q
7anuary 17, 2001 - COnsent
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
No106010
� co,R.rEwrowa�ae � rnroaara �
❑ O11'Ai�OMlY Q a1VClfRK
❑ wwMwtaFltVtrsow. � wuweilllaikVlllCero
❑MY011pRAiWf111I1) ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Resolution memorializiug City Council acfion taken January 3, 2001, concenring adverse acrion against all
licenses held by Beaver Lounge, Inc. 756 Jackson Street.
PLANNING CAMMISSION
CIB COMMITTEE
CNiL SERVICE COMMISSION
Has thre P�soN(rm e+erwaked undw a caM'act farUus department?
YES NO
Hes thin DNeonlfirm ewr been a pH empbytt7
YE3 NO
DoeStMS percoNNm P� a sbll iwt nafmaWlO� bY �Y ��reM �Y �Wd1�
YES t�
b tltls Dr�rm a terGeteA vandorl '
VES NO
TRANSACTION
COfT/REVENUEBUDGETED(GRCLEONq YEY
ACTNITY Nil1�IBER
..,
�
OFFICE OF THE CITY ATTORIYEY
Claylon M. Robinsoq ✓r.� Ciry Attorney
���
CITY OF SAINT PAUL
Norm Colemars, Mayar
December 4, 2000
Civi1 Division
400 Ciry H¢R Telephone: 657 266-8770
IS West Xellogg Blvd. Facsimile: 651298-5679
Saint Puut, Minnesoi¢ Si102
NOTICE OF COUNCIL HEARING '
5�.4�z� �.. i�.�.,.. v� Nn�fx f
Mr. Tom Braid and Mrs. Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, Minnesota 55117
-< � , „ ��r��
;� � �. �t <�.
RE: A111icenses held by Beaver Lounge, Inc. d!b(a Beaver Lounge, for the premises at 756
7ackson Street in Saint Paul
License ID #: 0016196
Dear Mr. and Mrs. Braid:
Please take notice that a hearing on the report of the Administrative Law Judge concerning the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, December 20, 2000, 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 wiil
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, �
���� � ��
Virgima Palmer
Assistant City Attorney
cc: Mr. Tom Braid and Mrs. Grace Braid, 3560 Emerald Drive, White Bear Lave, MN 55110
Graham Butier, Graham Legal Services, 2499 Rice St., Roseville, MN 55113
Nancy Anderson, Assistant Council Secretary, 31� City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
✓
STATE OF MINNESOTA
OFFICE OF ADNIINTSTRATIVE HEARINGS
1�o Washington Square, Suite 1700
100 Washington Avenue South
Minneapoiis, Minnesota 55401-2138
November 27, 2000
a�-ZY
���FPy >
�ilOy ��'
�� 2 � 2 DD0
r � �C�Rk
Fred Owusu, City Clerk �`^�,��"; ."- <<>.r. �� -�
���
City of St. Paul
170 City Hail �,n�t� � � ��V�
15 West Keilogg Bivd.
Saint Paul, MN 55102
RE: In the Matter of the Licenses held by Beaver Lounge for
the premises located at 756 Jackson Street, Saint Paui,
Minnesota; OAH Docket No. 15-2111-13214-6
Dear City Clerk Owusu:
Encfosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conciusions and Recommendation in the above-
entitled matter. Also enclosed is the officiai record, with the exception of the tape
recording of the hearing. Copies of those tapes will be sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
BEV�ON�EYDINGE `�"7-
Administrative Law Judge
Tefephone: 6121341-7606
BJH:aws
Encl.
cc: Virginia D. Palmer
James Braid
Providing Impartial Hearings for Govemment and Citizens
An Equal Opportunity Employer
Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665
� � -��
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Debra S. Aws, being first duly sworn, hereby deposes and says that on
the 27�' day of November, 2000, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 15-2111-13214-6 by depositing in the United
States mai! at said City of Minneapolis, a true and correct copy thereof, proper{y
enveloped, with first class postage prepaid and addressed to the individuals
named herein.
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Bivd.
Saint Paul, MN 55102
Virginia D. Palmer
Assistant City Attomey
400 City Hail
15 West Kellogg Bivd.
Saint Paul, MN 55102
James Braid
3560 Emerald Drive
White Bear Lake, MN 55110
Subscribed and swom to before me
this .�7� day of November,
1
Ci (1t�� '%� f�
� � `-'�"
Debra S. Aws
2000.
tavoN aEC�w
NOfAflY PUBUC . MINHESOT�
My CpMMI5S10N EXPIAES
JANUARY 31, 2W6
o`-�K
15-2111-13214-6
STATE OF MINNESOTA
OFFICE OF ADMINtSTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
In the Matter of the Licenses held by FINDINGS OF FACT,
Beaver l.ounge CONCLUSIONS AND
for the premises {ocated at RECOMMENDATION
756 Jackson Street, Saint Pau1, Minnesota
This matter was heard by Administrative Law Judge Beverly Jones
Heydinger, commencing at 9:30 a.m., November 1, 2000, at the St. Pau{ City
Half, Room 41, 15 West Keilogg Boulevard, Saint Paul, Minnesota. The hearing
was held pursuant to Notice of Hearing dated October 16, 2000, signed by
Virginia D. Palmer, Assistant City Attorney, on behalf of the City of St. Paul. Ms.
Palmer, 400 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102,
appeared on behalf of the City. James Braid, 3560 Emerald Drive, Wh+te Bear
Lake, Minnesota 55110, appeared on behalf of Beaver Lounge, the Licensee.
The record closed on November 1, 2000, at the close ofi the hearing.
N0710E
This report is a recommendation, not a final decision. The St. Paul City
Councii wili make the finaf decision after a review of the record and may adopt,
reject or modify these Findings of Fact, Conclusions, and Recommendations.�
Pursuant to Minn. Stat. § 14.61 (2000), the City Council shall not make a final
decision until this Report has been made available to the parties for at least ten
days. The parties may fi4e exceptions to this Report and the City Council must
consider the exceptions in making a final decision. A copy of the City Council's
decision must be served on the parties and the Administrative Law Judge by first
ciass mai1. Parties should contact the Fred Owusu, City Clerk, City of St. Paul,
170 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, to ascertain
the procedure for fifing exceptions or presenting argument.
STATEMENT OF THE ISSUES
The issues presented a# this hearing were:
1. Did the Licensee violate Minn. Stat. § 340A.503, which prohibits the
sale of alcohol to a person under the age of 21?
1 St. Paul Legislative Code § 310.05 (o-l).
Z Minn. Stat. § 14.62, subd. 1(2000).
�1-�b'
2. Did the Licensee violate Saint Paui Legislative Code § 409.26(b)(7)
by failing to allow entry to the premises to a St. Paul police officer?
FINDINGS OF FACT
1. Grace Braid operates the Beaver Lounge, a bar and restaurant with
relafed licenses, at 756 Jackson Street, St. Paui. She operates the bar with her
husband, James Braid, who appeared on behaif of the Beaver Lounge at the
hearing,
2. On July 20, 2000, an alcohoi compliance check was performed by
the St. Paul police at the Beave� Lounge. An 18-year old female entered the
Beaver Lounge wearing a hidden transmitter, and ordered a Miller Genuine Draft
beer from the bartender. The bartender served the young woman without asking
for any proof of age. 3
3. Sargent Richard Wachal, was in the bar at the time of the sale
dressed in p{ain ciothes, and observed the transaction. He summoned Sargent
Eugene Polyak, who had been outside the bar in his squad car listening to the
transmission of the compliance checker's conversation with the bartender. The
two officers spoke with the bartender about the sale to the young woman, and
dealt with a disruptive customer.'
4. On September 6, 2000, the Office of License, Inspections and
Environmental Protection notified the Beaver Lounge that it had violated Minn.
Stat. § 340A.503 by selling alcohol to a person under the age of 21 5
5. On September 8, 2000, St. Paul Police Officer John Corcoran was
on patrol in the area near the Beaver Lounge, and heard what he believed to be
fireworks being set off inside. The officer walked up to the door to investigate,
and a woman, later identified as Karen Jean Anderson, opened the front door,
saw that a polics officer was at the door, closed the door and locked it. For
severai minutes the officer pounded on the door and attempted to gain access,
but was ignored by Ms. Anderson and bar patrons. Then, Ms. Anderson returned
to the door and admitted the officer. The bartender, Ronald Johnson, identified
Ms. Anderson as another bartender at the Beaver Lounge. Ms. Anderson
acknowledged that she had focked the bar, and believed that she could do so at
any time 6
6. On September 26, 2000, the St. Paul Office of License, Inspections
and Environmental Protection notified the Beaver Lounge that it had violated St.
Pauf Legislative Code § 409.26(b)(7) by faifing to aflow a St. Paul police officer to
enter ihe premises. it informed the license hoider that its proposed sanction,
' Exhibit 2; Test. of Richazd Wachal; Eugeae Polyak,
° Test. of R. Wachal and E. Polyak; Ex. I.
5 Ex. 2.
6 Ex. 3; Test. of John Corcoran.
2
at-��
taking into account prior violations, was a forly-five day suspension of the
licenses �
7. Kristine Schweinler, an inspector with the Office of License,
Inspections and Environmental Protection, testified about the Beaver Lounge's
prior oifenses. There have been two prior instances ofi serving alcohol to
persons under the age of 21, and one other instance where the police were
denied entry. Following the lafter incident, the City Counci! ordered the Beaver
Lounge to ciose for five days, May 19 through May 23, 1999.
8. Mr. Braid did not dispute the evidence presented, and oifered no
testimony to contradict it. However, he emphasized that he wants bar employees
to comply with the law, and that he acted promptly to terminate the employees
involved in these violations. He has offered to give the police a key to and
security codes for the Beaver Lounge so that they can gain access at any time.
He has also retained off-duty city staff, including police officers, to work at the
Beaver Lounge to minimize any possibility of further problems.
9. Any Finding of Fact more properly termed as a Conclusion is
hereby adopted as a Conclusion.
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paul City Council have
jurisdiction in this case.
2. The Licensee received timely and proper notice of the hearing and
the City has complied with ai{ refevant substantive and procedural requirements
of statute and rule.
3. The City has authority to suspend or revoke a license and to
impose penalties for violation of applicable statutes and rules."
4. The Licensee is responsible for conduct in the licensed
establishment, inciuding conduct by an employee authorized to sell alcohof.
5. The City has the burden of proving that the Licensee violated the
applicable provisions of state law and city ordinance by a preponderance of the
evidence.
' Ex. 4; Test. of Kristina Schweinler.
8 See also, Ex. 7.
9 Minn. Stax § 340A.415 (1998); Saint Paul Legislative Code § 40912.
10 See Minn. Stat. § 14.57 — 14.61, 340A.415 (1998); Saint Paul Legislarive Code § 310.05.
° Minn. Stat. § 340A.415 (1998); Saint Paul Legislative Code § 310.06.
tZ Minn. Stat. § 340A.501 (1998); Saint PauL Leaislative Code §§ 31�.17 and 409.14.
o�-3b'
6. Beaver Lounge violated Minn. Stat. § 34QA.5o3, subd. 2(1) by
se4ling an alcoholic beverage to a person under age 21.
7. She Beaver Lounge violated St. Paui Legislatrve Code
§409.26(b)(7) by fiailing to ailow a police officer access to the premises.
8. The City Councii has the authority to impose the appropriate
sanction by application of the provisions of St. Paul Legislative Code F 409.26.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the foflowing:
RECOMMENDATION
lT IS HEREBY RECOMMENDED: that the Cify of Saint Paul impose an
appropriate sanction against the Licensee.
Dated this 27 day of November, 2000.
I_�_ _? .A��i � . � . �.��
: '.`� J i, �-
. � � _ , _
Reported: Tape-recorded (three tapes)
MEMORANDUM
Mr. Braid did not contest the violations, but is very concerned with the
penalty that may be imposed. He acknowledges that the license hofder is
responsible for the actions of the employees, but believes that he has taken
steps to mitigate the likelihood of future offenses and is negotiating for sale of the
establishment. The City Council has the authority to determine the appropriate
sanction.
B.J.H.
n
�
o�-
OFFICE OF ADMIPTISTRATIVE HEARIIVGS
FOR THE COUNCIL OF
THE CITY OF SAINT PAUL
In Re The Licenses Held By Beaver Lounae, Inc.
d/b/a Beaver Lounge
CITY'S PROPOSED
EXHIBITS
November 1, 2000
TO: Judge Beverly Jones Heydinger, Administrative Law Judge, Office of Administrative
Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list of the City's proposed exhibits for the Administrative
Aearing on November 1, 2000.
Exhibit No.
E�. No. 1
Exh. No. 2
Exh. No. 3
Exh. No. 4
Er1i. No. 5
Each. No. 6
Description
Police Report CN 00-141-250, prepared by Sgt. Eugene Polyak and Sgt.
Richard Wachal, dated July 20, 2000 (6 pp.);
Nofice of Violation, dated September 6, 2000, with Affidavit of Service
� pP•)>
Police Report CN 00-181053, prepared by Officer John Corcoran, dated
3eptember 8, 2000 (4 pp.);
Notice of Violation, dated September 26, 2000, with Affidavit of Service
� PP•);
License Information Report, dated October 30, 2000 (8 pp.);
Notice of Hearing, dated October 16, 2000, with A�davit of Service
� PP•);
Exh. No. 7 License Group Comments Text, dated 7uly 28, 2000 (1 p.).
o����
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. Paui Legislative Code § 310.17
St. Paul Legislative Code § 409.26
Respectfully submitted this 1�` day of November, 2000.
` � �u2� U ce-a.��1
Virginia D. almer
Assistant City Attomey
Office of The City Attorney
400 City Hali
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
STATE OF MINNESOTA
OFFICE OF ADDZINISTRATIVE HEARINGS
100 Washington Square, Su{te 1700
100 Washington Avertue South
Minneapolis, Minnesota 55401-2138
November 27, 2000
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West KeUogg Bfvd.
Saint Paul, MN 55102
UI°��
���'FlV�-�
�Q� 2 t7
�, 2�d0
� �����.
RE: 1n the Matter of the Licenses held by Beaver Lounge for
the premises located at 756 Jackson Stseet, Saint Pau{,
Minnesota; OAH Docket No. 15-2111-13214-6
Dear City Clerk Owusu:
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the officiai record, with the exception of the tape
recording of the hearing. Copies ofi those tapes will be sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
BEV�O NEYDINGE `nr
Administrative Law Judge
Telephone: 612/341-7606
BJH:aws
Encl.
cc: Virginia D. Palmer
James Braid
Providing Impartial Hearings for Govemment and Citizens
An Equal Opportuniry Employer
Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (6i2) 341-7346� Fax PJo. (612) 349-2665
bl-3�
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Debra S. Aws, being first duly sworn, hereby deposes and says that on
the 27 day of November, 2000, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 15-2111-13214-6 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 individuais
named herein.
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
James Braid
3560 Emerald Drive
White Bear Lake, MN 55110
Virginia D. Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
4��� C�
Debra S. Aws
Subscribed and sworn to before me
this a7� day of November,
�
��� �Y���
2000.
LaVON REGAN
NOTMY PUBLiC - M:15N850TA
MYCOMMISSION EXPIRE3
J/WUARY 31.200.5
��-3 s�
15-2111-13214-6
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
In the Matter of the Licenses held by FINDINGS OF FACT,
Beaver Lounge CONCWSIONS AND
for the premises located at RECOMMENDATION
756 Jackson Street, Saint Paul, Minnesota
This matter was heard by Administrative Law Judge Beverly Jones
Heydinger, commencing at 9:30 a.m., November 1, 2000, at the St. Paul City
Hall, Room 41, 15 West Kellogg Boulevard, Saint Paul, Minnesota. The hearing
was held pursuant to Notice of Hearing dated October 16, 200�, signed by
Virginia D. Palmer, Assistant City Attorney, on behalf of the City of St. Paul. Ms.
Palmer, 400 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102,
appeared on behalf of the City. James Braid, 3560 Emeraid Drive, White Bear
Lake, Minnesota 55110, appeared on behalf of Beaver Lounge, the Licensee.
The record closed on November 1, 2000, at the close of the hearing.
NOTICE
This report is a recommendation, not a final decision. The St. Pauf City
Council will make the final decision after a review of the record and may adopt,
reject or modify these Findings of Fact, Conc{usions, and Recommendations.�
Pursuant to Minn. Stat. § 14.61 (2000), the City Council shalf not make a finai
decision until this Report has been made available to the parties fior at least ten
days. The parties may file exceptions to this Report and the City Council must
consider the exceptions in making a final decision. A copy of the City Council's
decision must be served on the parties and the Administrative Law Judge by first
class mai1. Parties should contact the Fred Owusu, City Clerk, Gity of St. Paul,
170 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, to ascertain
the procedure for filing exceptions or presenting argument.
STATEMENT OF THE ISSUES
The issues presented at this hearing were:
1. Did the Licensee violate Minn. Stat. § 340A.503, which prohibits the
sale of alcohol to a person under the age of 21?
1 St. Paul Legislarive Code § 310.05 (o-l).
Z Minn. Stat. § 14.62, subd. 1(2000).
0�-3�
2. Did the Licensee violate Saint Paul Legislative Code § 409.26(b)(7)
by failing to allow entry to the premises to a St. Paul police officer?
FINDINGS OF FACT
1. Grace Braid operates the Beaver Lounge, a bar and restaurant with
related licenses, at 756 Jackson Street, St. Paul. She operates the bar with her
husband, James Braid, who appeared on behaff of the Beaver Lounge at the
hearing.
2. On July 20, 2000, an alcohol compiiance check was performed by
the St. Paul police at the Beaver Lounge. An 18-year old female entered the
Beaver Lounge wearing a hidden transmitter, and ordered a Miller Genuine Draft
beer from the bartender. The bartender served the young woman without asking
for any proof of age. 3
3. Sargent Richard Wachal, was in the bar at the time of the sale
dressed in plain clothes, and observed the transaction. He summoned Sargent
Eugene Polyak, who had been outside the bar in his squad car listening to the
transmission of the compliance checker's conversation with the bartender. The
two officers spoke with the bartender about the sale to the young woman, and
dealt with a disruptive customer.
4. On September 6, 2000, the Office of License, Inspections and
Environmental Protection notified the Beaver Lounge that it had violated Minn.
Stat. § 340A.503 by selling alcohol to a person under the age of 21.
5. On September 8, 2000, St. Paul Police Officer John Corcoran was
on patrol in the area near the Beaver Lounge, and heard what he believed to be
fireworks being set ofF inside. The officer walked up to the door to investigate,
and a woman, later identified as Karen Jean Anderson, opened the front door,
saw that a police o�cer was at the door, closed the door and locked it. For
several minutes the officer pounded on the door and attempted to gain access,
but was ignored by Ms. Anderson and bar patrons. Then, Ms. Anderson returned
to the door and admitted the o�cer. The bartender, Ronafd Johnson, identified
Ms. Anderson as another bartender at the Beaver Lounge. Ms. Anderson
acknowledged that she had locked the bar, and believed that she could do so at
any time.
6. On September 26, 2000, the St. Paul Office of License, lnspections
and Environmental Protection notified the Beaver Lounge that it had violated St.
Paul Legislative Code § 409.26(b)(7) by failing to allow a St. Paul police officer to
enter the premises. It informed the license holder that its proposed sanction,
' E�ibit 2; Test. of Richard Wachal; Eugene Polyak.
° Test. of R. Wachal and E. Polyak; Ex. 1.
5 Ex. 2.
6 Ex. 3; Test. of John Corcoran.
2
o �_ 3g
taking into account prior violations, was a forty-five day suspension of the
licenses.�
7. Kristine Schweinier, an inspector with the Office of License,
lnspections and Environmental Protection, testified about the Beaver Lounge's
prior offenses. There have been two prior instances of serving alcohol to
persons under the age of 21, and one other instance where fhe police were
denied entry. Folfowing the fatter incident, the City Council ordered the Beaver
Lounge to close for five days, May 19 through May 23, 1999 $
8. Mr. Braid did not dispute the evidence presented, and offered no
testimony to contradiet it. However, he emphasized that he wants bar employees
to comply with the law, and that he acted promptly to terminate the employees
involved in these violations. He has offered to give the police a key to and
security codes for the Beaver Lounge so that they can gain access at any time.
He has also retained off-duty city staff, including police officers, to work at the
Beaver Lounge to minimize any possibility of further problems.
9. Any Finding of Fact more properly termed as a Conclusion is
hereby adopted as a Gonclusion.
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paul City Council have
jurisdiction in this case.
2. The Licensee received timely and proper notice of the hearing and
the City has complied with all refevant substantive and procedural requirements
of statute and rule.
3. The Gity has authority to suspend or revoke a license and to
impose penalties for violation of applicable statutes and rules.��
4. The Licensee is responsible for conduct in the licensed
establishment, including conduct by an employee authorized to sell alcohol.'
5. The City has the burden of proving that the Licensee violated the
applicable provisions of state law and city ordinance by a preponderance of the
evidence.
' Ex. 4; Test. of Kristina Schweinler.
8 See also, Ex. 7.
9 Minn. Stat. § 340A.A15 (1998); Saint Paul Legislative Code § 409.12.
10 See Minn. Stat. § 14.57 —14.61, 340A.415 (1998); Saint Paul Legislative Code § 310.05.
11 Minn. Stat. § 340A.415 Q498); Saint Pau1 Legislative Code § 310.06.
12 Minn. Stat. § 340A.501 (1998); Saint Paul Legislative Code §§ 310.17 and 40914.
pl-3�
6. Beaver Lounge violated Minn. Stat. § 340A.503, subd. 2(1) by
selling an alcoholic beverage to a person under age 21.
7. The Beaver Lounge violated St. Paul Legislative Code
§409.26(b)(7) by failing to allow a police officer access to the premises.
8. The City Council has the authority to impose the appropriate
sanction by application of the provisions of St. Paul Legislative Code § 409.26.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: that the City of Saint Paul impose an
appropriate sanction against the Licensee.
Dated this 27 day of November, 2000.
� � �
�I_'_� �.�ii . � � ��. ��O
: •"� `• _ `i �•
�
.� � �� _
Reported: Tape-recorded (three tapes)
MEMORANDUM
Mr. Braid did not contest the violations, but is very concerned with the
penalty that may be imposed. He acknowledges that the license holder is
responsible for the actions of the employees, but believes that he has taken
steps to mitigate the likelihood of future offenses and is negotiating for sale of the
establishment. The City Council has the authority to determine the appropriate
sanction.
B.J.H.
0
�
n_
OFFICE OF ADNIINISTRATIVE HEARINGS
FOR THE COUNCIL OF
THE CTTY OF SAINT PAUL
In Re The Licenses Held By Beaver Lounge, Inc.
d/b/a Beaver Lounge
CTTY`S PROPOSED
EXHIBITS
November 1, 2000
TO: Judge Beverly Jones Heydinger, Administrative Law Judge, Office of Administrative
Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list of the City's proposed exhibits for the Administrative
Hearing on November 1, 2000.
Exhibit No.
Exh. No. 1
Exh. No. 2
Each. No. 3
Exh. No. 4
Exh. No. 5
Each. No. 6
E�ch. No. 7
Description
�l�3�
Police Report CN 00-141-250, prepazed by Sgt. Eugene Polyak and Sgt.
Richard Wachal, dated July 20, 2000 (6 pp.);
Notice of Violation, dated September 6, 2000, with Affidavit of Service
� PP•)>
Police Report CN 00-181053, prepared by Officer John Corcoran, dated
September 8, 2000 (4 pp.);
Notice of Violation, dated September 26, 2000, with Affidavit of Service
� PP•)>
License Information Report, dated October 30, 2000 (8 pp.);
Notice of Hearing, dated October 16, 2000, with Affidavit of Service
� PP•);
License Group Comments Text, dated July 28, 2000 (1 p.).
ot-3�'
Also attached please find courtesy copies of applicabie St. Paul City ordinances:
St. Paul Le�slative Code § 310.05
St. Paul Legislative Code § 310.06
St. Paul Legislative Code § 310.17
St. Paul Legislative Code § 409.26
Respectfully submitted this 1 day ofNovember, 2000.
�-� S�
Virginia D. almer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Keliogg Boulevard
Saint Paul, Minnesota 55102
(b12)266-8710
�" r Saint Paul Police Department Page ,
�' SUPPLEMENTAL OFFENSE / tNCIDENT REPORT pJ,3�
CamplaintNumber Refe�ence C.K Primary offense Date and Time of RepoK
00-14� 250 Liquior Violation 07/20/2000 21:00
�
Primary Repor(ing �fhcer EUGENE P POLYAK
?rimary ot7ense detaH: _
Primarysq�ad: 7Q0
Secondaryrepo�tingoflicer. RICHARD L WACHAL
Oisfict CENTRAL ( )
Secondary offense:
Locaffon ofincidenY.
Name of/oCatioNbcSiness:
Date & Sme of occurence:
Anest made? YES
Date & time ofarrest 07/20/2000 17:45
POUCE PE�2SONNEL INVOLVED
Ar2stmade on view: YES Pursuif engaged:
Arrest made on warrant o� previous CM.
Weapons �sed by poGce;
Weapons used by suspecf at time of arrest.
Resistance encountered:
CHARGES
/vame GORZ, JOSEPH CARL /+nestStams gOOKED sooldng�
Booking date 07/20/2000 Booking trme 21:37
NAMES
ARRESTEE GORZ, JOSEPH CARL
308 FOREST ST STPAUL MN 55106
- Physical Description Phones
sex UPIKNOWN Height Haircolor Homephone 651-771-2072
Race W}j�TE Weight Hai�Type
Hispanic Budd HairLength �
DOB 08/'16/1965 Sldn Facial Hair "
1
Age 34 `
�
Physical ConCition Employment �
n�
Canscrousneu Occupa6on UNK �
Drug/a�coho�use HAD BEEN DRINKING Emp/oyer :�
- �
� In e e hcenses he
_Beaver Lounge, Inc. d/b/a Beaver Lounge e
City's Exh. No. 1
, ` r ` � . � 7
_� i 1 ` �C-�! �.�' ��^' .J '�'' l�
l � /7 C �
L
�I ` ,�, Saint Pauf Police Deparkment
: � : SUPPLEMENTAL OFFENSE 1 1NCIDENT
._�
Complaint Number RefeJencs C_N. Pnmary oflense
Date and Time of Report
00-141250 Liquior Violation 07/20/2000 21:00
SLISPECT BROWN, DAViD EARL
691 DALE ST N#�3 STPAUL MN 55103 "
Physipl DescripSon Phones
sex UNKNOWN Height HailCO/or Home phone 651- -
Race �j�/}-jy'� WeigM HairType Woifc phone 651-222-6a11
Kspanic
DoB 02/16/1964
Bttdd
sldn BROWN - L1GriT
HairLengdi
Faaa7 Hair
Age 36
Physica/ Condifion Emp/oyment �
Consciausness 7 occupation gp}�j'EjypER
Orug/a/cohol use Empoye� gEqVERS BAR
CRIME SCENE DESCRIPTORS
Crime Scene
Type
Descnption
hfefhod & Poirrt of Entry
Face usea NOT FORCED
point af ertfry
Meihod
PROPEi�TY (NONE)
VEHiCLE 1NFORMATION (NONE� . `
GORZ, JOSEPH CARL ' 308 FOREST ST , S7PAUl, MN 55106 ;;: 08/'I6/'1965 34 W U
NaRRaTivE
Squad 790 (Sgt. Polyak) along with 792 ( Sn . Wachal conduct liquor compliance checks az several
bars located in St. Paul. The undercover agent assisting in the compliance checks was trainedby
_= the Vice Unit in how to conduct the compliance check• "lhe U.C. was tcained to tell the ttuth if
asked her age or D.O.B. The U.C. was given buy funds before entering ilie establishwent to be
checked and was checked to make sure she had no fotm of identification aa fier pason. The U.C.
- used on this compliance check was 18 years of age and was photographed prior tn the start of the
' detail_ The U.0 will be identified as U.C. #56.
~ The first check took place az Beavezs baz at 756 jackson. U.C. #56 was s�t inside the bar shordy
after Sgt. Wachal entered the bu and took up a place of surveillance. Sgt_ wachal entered the baz
first to insure the safety of tlie U.0 inside the baz ( A previous compliancecheck az Beaver Bar
escalated into a heated incident with the bu owner). The U.C. entered thebaz wearing a ludden
uansmitter so I could monitor her conversations from ouuide the bar. "The U.C. ordered a Miller �
Genuine draft beer from the bartender. The U.C. then gave me a signal indicatsng she had been
served. Sgt. Wachal exited the bu and motioned to me to enter the bar When I entered the baz I
observed a bottle of beer sitting in front of the U.C. I asked who served the beer and she pointed at
the bartender who was identified as Brown> David Earl D.O.B. 2-16-64. Sgt. Wacfial photographed
the bottle of beer while I asked the bartender for his license. I asked tfie barcender if he asked the
U.C. �or identification and he replied he didn`t indicazing he thought tlie female had entexe� �e baz
with a r awiar customer. The bartender was photographed and advised he would be contacted
through the mail with a summons and complunt chazging him wirh GM providing alcohol to a minor.
While speaking with the bartender and attempting to ID fiim a WIM seated at the corner ofthe baz
yelled, "this is bull shit it's a set up." I ignored the W/M and con[inued to ID the bar[ender- "IIie
W!M yelled "fuck the police, why don't you deal with the drug dealers outside" I again ignored ihe
W!M but at the same time noticed he was statting w incite several of the other cuscomers stuno next
Page 2
REPORT Q jr ;�
_�'-�,
Saint Paul Police Department
Page 3
SUPPLEMENTAL OFFENSE / INCIDENT REPORT �`�3�
Camp�aint Number Refe2nce CN. Pnmary offense
Date and rune of Repor[
00-141250 Liquior Volation 07/20/2000 21:00
to him. The W/M then Yelled "you fucking cops aze assholes this is bullshit." I advised the W/�I to
be quice, this didn't involve him and we conduct compliance checks on all the bazs in St. Paul_ The
W/M now stood up from his seaz and started to yell "fuck the godda� po&ce this is bullshit, fuck -
you, it,'s a set up." The W!M started to shake his fist az me_ I noticed several of the other
customers started to pound their fists an the baz as they stazted to yell in a�eement with the W/M
who buy now was inciring several other customers. I immediatly walked over and advised the W/M
suspect he was under ariesc. I gabbed the suspect by the arm twisting it behind his back as I
escorted him out of che bar. Sgt_ Wachal aLso observed a different individual who was starcing to
become incited and showing signs of anger renazding our presence in the baz. Once the W/M I was
dealin� with was removed from the bu the crowd of approximately 20 customets stazted to calm
down. The suspect was taken ouuide, handcuffed and h to HQ by a marked squad. The
suspect was booked for D.O.C. It should be noted the bartender made no attemQu az calmin� the
situarion inside the baz or by advising the suspect to be seated and remain quite. The suspect was
eventually identified as Gorz, 7oseph Cazl D.O.B. 8-16-65.
Please distribute to:
_CHF _Hom
_Sex _D/C
^ CO _Rptr
_Rob
_Burg
Vice
_Juv _Oper _PSC
_Theft _Prop _CAU
Nazco SIU T&A
_L.ab
_F&F
Other
Rec _Team
_Auco _DAO
.-�,-� �.�
�"r ` - Saint Paul Police Department Page ,
°�
, ___ SUPPLEMENTAL OFFENSE / INCIDENT REPORT p j�3�
Compfa�t Num6er Reference CN. Primary offense
Oate and Time of Repo/t
00-'141250 Liquor Law Violation 07/20/2000 21:06
PrimaryRepo�tingOffrcer RICHARD L WACNAL
Primary otfense deEad=
Primary squad 792
Secondaryrepo�tingoflrcer EUGENE P POLYAK
�� CENTR.4L ( PSS-VICE )
Secondary offense:
toca6on ofinddent
Name oflocafforvbusiness:
Date & dme of occurence:
Mestmade?
Date 8 time af amst.
POLICE PERSONNEL INVOLVED -
Mestmade on view.
Arrest made on wamant ar previous CN:
Pursuit engaged
Resistance encountered:
Weapons used by poGce:
Weapons rrsed by suspect at /ime of arrest.
CNARGES (NON�
NAMES (N
CRIME SCENE DESCRIPTORS
Gime Scene
rype
Descnpfion
Method 8 Poinf ofEntry
Forceused NOTFORCED
Point of entry
Method
PRQPERTY ( NON�
VEHiCLE INFORMATION (NON�
NARRATIVE
Squad 792 parricipated in this liquor compliance check of Beavers Lounge located at 756 Jackson �
St_ on 7-20-2000. I was working with Sgt. Polyak and we utilized undercover agent #56 who has a �
DOB of 5-5-82 making her 18 yrs. of age. She has undergone training by SPPD in how to conduct
herself in maldng undera�e buys of alcohol in local establishments in the city of St. Paul. ,
At 1745 hours this date, she entered the lounge with instructions ro order a MIller Genuine Draft beer.
She was given money with which to purchase it. I entered the baz a minute earlier to watch rhe \
activity inside and the possible sale thaz may ensue. She saz ai the west end of the baz and ordered ,�
the beer. The bartender lazer identified as: Brown, David Earl DOB 2-16-64 gave her the beer �
without hesitatioa and took a$5 bill from her and charged her $1.25 for it. I observed Brown riag if �
up on the cash register and �ve her the change. At this time I motioned to UC !{56 to stay seaied
while I reuieved Sgt. Polyak who was outside listening on a monitor. UC #56 had a uansmitter on
her person.
Once Sgt. PoIyak arrived, we dismissed UC �Y56 and identified the bartender. I photograghed the _ �
beer, Mr. Brown and tazer UC �56. ' r
It should be noted that a baz patron began io loudly make his feelings I�own to other patrons aboui
what the police were doin�. I heazd him (Gorz, Joseph Carl) say something to rhe effect of: "there
aze dru� pushers out there and they're in here doing this." Sgt. Polyak took him into custody afrer
hearing severai minutes of this person's vocal attitude. I was dealing with Mr. Brown who was
cooperative. There was another unidentified male thaz accused me of wearing a wire as I walked
out to get Sgt. Polyak. He met me on the sidewalk. I brushed past him to get to PoFyak and again to
get back inside the baz. He was now inside and continued to stare at me with his eyes squinted as '
� /��
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�i �C, r` �� ' ���; C� ,� ,�-c C _ �
�. �., .``• " - Saint Paui Police Department Pase 2
- SUPPLEMENTAL OFFENSE / INCIDENT REPORT
__. o�- 3�
Camp�aintNumber Reference CN_ Primary oflense Date and Tvne of Report
00-141250 Liquor Law Volation 07/20/2000 21:06
he hated our police presence. Ae temained close mos[ of the time. I was concerned that he wouid
start a fight witfi either us or get others in the baz to join him. I was distracted by him while S�.
Polyak dealt with Gorc. I then nuned my attenuon to Gorz when I heard him speak the words -
menaoned earlier in this report.
Please distribute to:
_CF3F l Hom
Sex D/C
_CO _Rptr
Rob
_B�S
V ice
Juv
_Thefr
_Nazco
_Oper _PSC _Lab _Rec _Team
_Prop _CAU _F&F _Auto _DAO
SIU T&A Other
S'�
i
R e � �+eck
Beaver Lounse
756 Jackson y
SuyerlD
�
dt-3�
Today's Date_
�'i�� ��1 � �
t. 8uyer gender 2 rme:
3/29/00 00054897
_ ,D,�,e ( 7!: I�`1;�.�,
Age � � � + CN.ECKHE�c 2�Fem2te " 2r � PM
if No Purchase Attemptedl I�pSRP
z _ TO wr3 � yyas a sacurity persan sationed at the door?
6. What did you try to purchase?
a. (check are: oN-sa/e oMyl b. (c'redc erre)
1 � &-pactc cans
2� 12-pack cans
3� �pack bottles
d�I QusR bettie
�'
7. `��elle_r(server's gender.
1 I V 1 Male 2 C Female
L1�+
i
8. Sellertserver's esrimated age:
l
'I � Budweiser
2� Coors a (cnedc ane)
3�Miller 1�Lite
4 IOther �Regular 9
w
't �Less than 21
2 �2'I-30
3�31 or oider
10. How many peopte were standing in line
behirtd you at th�e tirr�e were at ihe
cash regisYer? ,�� j�( ��
'����
12. What was the rtoise teve7?
;��s
i9
4. tf yes, gender af gersan at door.
i � YES
22�No ��Male 2� Femaie .�
5. yes, were you: (`heck an that ePPN)
IFNO,
SK1P TO � n Admitted with no question
XS
421'!
9_ How c:owded was ii? s
Seating No 52�ting/ (� No seating! j�
avaiiable 4I few s�ndirzaZi � many s2andirtg3r' �
sz
5455
Nortnal � Raised , �
ranversation � voices Z! I Shouting 31 � �
11. �Pu atte[rtpt outcome: (check a/l that apply)
1�Purr,hased with no questions
9�Purchased aHer s�ting age
3�Purchased after state date of birth
Purchased after s�ting ID not on me
5 +PurGhased afrer expiainirtg ID in car
&�No purchase _
after siating age
Purchased after sYate date of biRh
Admiited after stating tD not on me
Admitted aBer expiaining ID in car
Not adm¢ted STOP HERE
��
'13. !f n ;;; o --- ���purchase attempted, explain below: (chectr one)
dt � C�osed, wt of business 081 � Unsate (explainj
=, 6id�
02 �� Ciosetl, seasonal houn " 091 4 Buyer macpropnate!y dressed
�
a31 I Gesed, limded hour5 70 �� Out af be_r
�
Od � Closed temperaniy (reparts, remode!. _IC-) » �� Did not have !vne to cmpie±e
QS i i Ctoszo to P�btic. Orniate party �2 � Oodt (or no longer) se11 alcohot
06 i I Pmate dub, pu6lic not admrtted �� I I Reservations rief-.essary
071 I Unable ro lo�te J � Other (spea(y) I I I
L! �t—�
���l�v'C. o� - i �► �2S �
Law Entarcemen# Buy Regort Form
EPVCMDA004Ver i ii58(ioi+)
�� OFFICE THE CITY ATTORNEY � f ��
� Clrsy[on M�ixson, Ja, CiryAttorney 6
CITY OF SAINT PAUL Civil Division
lem¢n. Mayor 400 Ciry Hall
IS West Kellogg Blwl.
Saint Paul, Minrsesota SSIO2
��.
September 6, 20Q0
NOTICE OF VIOLATION
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, Minnesota 55117
Telephone: 651 26b-8710
Fncsimrle: 651298-56l9
RE: Ali licenses held by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the premises at 756
Jackson Street in Saint Paul
License ID #: 0016196
Dear Ms. Braid:
The Office of License, Inspections and Bnvironmental Protection has recommended
adverse action against the licenses heid by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the
premises at 756 Jackson Street in Saia�t Paul. The basis for the recommendation is as follows:
On July 20, 2000, an alcobol compliance check was performed
at the Beaver Lounge, located at 756 Jackson Street in Saint
Paul. An 18-year old female entered the Beaver Lounge and
ordered a Miller Genuine DraR beer from the bartender. The
bartender served the young woman withont asking for any
proof of age. It is a violation of Minn. Stat. §340A.503 to sell
alcohol to a person under the age of 21.
Since this is considered a second violation, the licensing office will recommend a
$1,000.00 fine, pursuant to St. Paul Legislative Code §409.26.
At this time you have three options on how to proceed:
1. If you do not dispute the above facts and do not wish to have a public hearing, you will
need to pay the recommended fine for this violation. If this is your choice, you should
make payment directly to the Office of License, Inspections and Environmental
�� �
n e t� e hcenses e
�eaver Lounge, Inc. d/b/a Beaver Lounge _
City's Exh. Na 2
Page 2 � � D�' 3�
Ms. Grace Braid
September 6, 2000
Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul,
Minuesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the
fine will be considered to be a waiver of the hearing to which you are entitled.
2. Alternatively, if you do not dispute the above facts, but wish to have a public hearing
before the Saint Paul City Council, you will need to send me a letter with a statement
admittin� the violation and requesting a hearing by Monday, September 18, 200Q. The
matter wi11 then be scheduled before the City Council for a public hearing to determine
what penalty, if any, to impose. You will have an opportunity to appear before the
Council and make a statement on your osvr: behalf as to the penalty to be imposed.
3. If you do dispute the above facts, a hearing will be scheduled before an Administrative
Law Judge. At that hearing both you and the City will be able to appear and present
witnesses, evidence, and cross-examine the other's witnesses. The St. Paul City Council
will ultimately decide the case. Please let me know in writing no later than Monday,
September 18, 2000, how you wish to proceed.
If you have not contacted me by Monday, SepYember 18, 2000, I will assume that
you are not contesting the facts and will schedule this matter for the St. Paul City Councii
and have it placed on the Consent Agenda during which no public discussion is allowed
and the recommended penalty will �e imposed,
If you haue any questions, feel free to contact me at 266-8710.
Sincerely,
� �
��/�.c.c�L/`, CeJ�••�?�
Virginia D. Palmer
Assistant City Attorney
cc: Robert Kessler, Director of LIEP
Clu�istine Rozek, Deputy Director of LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117
s
STATE OF MII3Y3ESOTA )
) ss.
COUNTY OF RAMSEY
�
o� ��'
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CL,EMENTS, being first duly sworn, deposes and says
that on September 6, 2000, she served the attached NOTICE OF
VIOLATION upon the following named person placing a true and
correct copy thereof in an envelope addressed as follows:
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
St. Paul, MN. 55117
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the Uni S tes mails at St. Paul,
Minnesota. � /1 f") . ,
Subscribed and
this 6th d o
� �
Notary P
to before me
�Yse�r , 2 0 0 0 .
PETER P. PANGBORN
EXPIRES JAN. 31, 2006
. - �� s . p % - ,�'�- ,�i
�� Saint Paui PoficE De artment ���_ � Aage B�-3�
.. ..._ ... ORIGINAL OFFENSE / iNCfDENT REPORT fJ�,�,�
ComFVaintAlum6er Reference C.N. Primary oAense Dafe and 7vne otRepod
OU- INFORMATION REROftT 09/08/2040 01:30
Pdmary Reporting othcer. �pHN G CdRCORAN Cxetioa otinddent: 756 JACKSON ST N
Primary otFepse detad.�
Pnmary squad: 240
Secondary reporting olAcer:
Dish,ct. CEtJTRAL ( CENTRAL DISTRICT )
Secoetlary oXartsa:
Name oflacatiuN6usrness: p3EVERS BAR
Date & time ot oceurence: 091d8C2000 44:58
Anest mede?
Date 8 time at aruesh
POLlCE PERSONNEL INVOLVED `
Anest matle on view: Pursnit engaged.
Anestmade on wanent o�previous CN�
Weapons used 6y police:
Weapans used by suspect at time of afrest:
Reslslance encounfered.
CHARGES (NONE}
NAMES
SUSPECT ANDEf2SON, KAREN JEAN
1076 VtRGINA ST STPAUL MN 55107
Physka! Oescrlp8an Phones
Sex FEMALE ttaigM Ha�r c�or 1 � _ Home phone 651-489-645�
aece WHITE weiger rtarrrype Workphone 851-222-6011
Hispanic
ooe �yiov7s5s
Age qq
BW7d
Skin PALE
Hair Lertgth
Faciat Hair
Physlcaf Condttton Empinyment
CansGnusneu Occopetion
Drug/akoho! use
Employar
WtTNFSS JOIiNSON, RONALD MICHAEL
588 CASE ST STPAUL MN 55106
pnysnaraas�r�prio„ � rno�a4
sax MALE Ha;snt Nair color Home phone 551-489-7835
Race WHITE wergnt
H'rspenrc 8m7d
Do812/61/t964 skin
Age 39
Hair Type
NalKength
feciaf Heir
Work phana 651-222-6011
—Beaver Lo u n e g ehInc e d1b 1 a Bea Lounge _._,
C:ity's Exh. No. 3
,,,
��
Saint Paul Police Department Page , or,
PUBLIC OFFENSE f iNC1DENT REPORT �� , 3�
Complaint Numbe� Reference C.N. Pnmary Offense Date and Time ofReport
OQ-489453 INFORMATION REPORT 09108/2000 01:30
t�nmary Reportng ofhcar. �ONN G CORCORAN
Pnmary squad.' 240
Secondary �eporting oMreY.
oist�ice CENTRAL ( CENTRAL DtSTRICT }
Secortdary oHense:
txethn otFnddent 7� �qCKSON ST N
Name oftocation/buslness BEVERS BAR
oate & dme of occurence: OSI�Bl2000 00:58
Anast mads?
Date 8 tlme oterrest
POLICE PERSONNEL INVOLVED
Anest made on New: Pursuif engageei.• �
Arresf made oo warrant orprevfoas CN:
Weapons used poN'ce:
Weapons used suspect af time of arresk
Resistance ancovrtfered:
CHARGE5 {NONE)
NAMES t�oNE)
.,,
:�-�
t�.., . .: �.:-
4. __i'- �°�__ ..
ComplainE Numbar
oa-�e�os3
Saint Pau4 Police Department Peee z
ORIGINAL OFFENSE / tNCIDENT REPORT Dl-3�
Reterence C.N. Pdmary oT/ense Date and Time ofReporf
lNFORMA�ION REPORT
09/08/2000 01:30
Phystca! Conditlon fmployment
Coesaa�sness bcsupetron
Orug/alcohd use Employe�
CRIME SCENE DESCRlPTORS
Crtme Scene Me7hod & PointofEntry
Trae OFFICFJCOMMERCIAL
��nWroR BAR/NiGHTCLllBlfAVERN
Face used
PoinE of entry
Method
PROPERTY (NdNE)
VEHICLE INFOR (NONE)
NARRATIVE
WHILE ON TdtJR, I SQD #240 (CORCORAN) WAS STOPPEQ AT THE STOP SIGN JACKSON
AND ACKER ST. WH{LE STOPPED AT THE STOF S1GN, I HEARD WHAT SOUNDED LIKE
FIREWORKS BEING SET OFF INSIDE BEAVERS BAR (756 JACKSON). I PUT MYSELF OUT
ON AN WVESTlGATE AT BEAVERS BAR TO SEE IF 1T WAS W FACT �I!�EWORKS.
AS I WAS WALKING UP TO THE DOOR, A W/F WHO WAS LATER ID'D AS, ANDERSON,
KAREN JEAN W/F, DOB: 11J01l1859 OPENED THE FRONT DOOR, MADE DIRECT EYE
CONTACT WITH ME AND SAID, "OH SHIT". BEFORE t COULD ASK ANUERSON {F
EVERYTHING WAS OK, SHE WENT BACK INS(DE THE BAR. I THEN TF:IED TO GE7 INSIDE
THE BAR BUT TIiE DOOR WAS LOCKED. 1 COULD SEE ANDERSON DIRECTLY ON THE
OTHER SEQE OF THE DOOR THROtJGH THE GLASS WINDOW. ANDEFtSON RND I WERE
FACE TO FACE, WfTH ONLY THE GLASS WINDOW SEPARATING US. I COULD ALSO SEE A
NItMBER OF PEOPLE INSIDE THE BAR, MANY OF THEM HAD DRINKS IN THEIR HANDS
AND WERE WATCHING WHAT WAS GOENG ON NAT THE DOOR. i TOLO ANDERSON TQ
OPEN THE DOOR. SHE THEN TURNED AROUND AND RAN TOWARD THE BACK OF THE
BAR. ! THEN POUNDED ON THE DOOR VERY HARD WITH NO ANSWER. NO ONE IN THE
BAR CAME TO THE DOOR WHILE I PQUNDED ON fT, THEY JUST SAT ON THEIR STOOLS
AND WATCHED ME. I STILL GOULD NOT SEE ANDERSON AT THIS TIti1E. I ESTiMATED
THAT I POUNDED OI3 THE DOOR FOR AT LEAST THREE MINUTES. JIiST THEN
ANDERSON CAME BACK AND OPENED THE DOOR. AT THIS TIME I GF2AB$ED HER AND
PUT HER iN THE REAR OF MY CAR, BECAUSE AT THIS POINT I WAS .S�TIlt NOT 100 %
SURE THAT THE N41SE I HEARD WAS FIREWORKS.
I THEN WENT INSIDE THE BAR AND COULD SMELL THE SMELL OF FlF;EWORKS. I THEN
TALKED TQ THE BARTENDER, JOIiNSON, RONALD MiCHAEL W/M, DOB: 12l01/1960.
JOHNSON TOLD ME THAT SOMEONE HAD THRdWN FIREWORKS tNSIDE THE BAR. I
THEN ASKED JOHNSON WHO LOCKED THE DOQR, HE SAID, " KAREN". I ASKED
JaHNSON WHO ANDERSON iNAS AND HE SAID, "SHE IS A BARTENDE.R H�RE."
I THEN LET ANDERSON OUT OF MY CAR AND SHE SAID, "WHY Dld YGU PUT ME 1N THE
CAR?" ! TQLD HER THAT SHE COULD NOT LQCK THE P4LICE OUT OF THE BAR. SkE
THEN SAlD, "7HE BAR WAS LEGALLY OPEN , AND I CAN LQCK THE DC70R AfVYTIME I
WANT TO ANQ LET WHO I WANT iN."
�
;, , .
.. Y �
�
Sain# Paul Poiice Department Paga 3
ORIGINAL OFFENSE / INCIDENT REPORT p!- 3
CompfaintNUmber Reference C.N. Prtmary offense Date and Time o/Report
00-181053 1NFORMATION REPORT 09/08/2000 01:3Q
PLEASE SEND A COPY OF THiS REPQRT TO CI'N LICENSiNG.
.
Please distribute to: LICENSING
_CHF _„Hom �Roh _Jnv ` Oper _PSC ^ Lab ,Rec _Team
_Sex J D/C _aurg _Theft _Prop _CAU _F&F _Auto ^ DAO
�CO _ftptr _v2� _Nazco _SIU _T&A _Other
� - -''� � OFFI� THE CITY ATTORNEY
— Claylon obinson, ✓r., Ciry Attoraey � / �
�
CITY OF SA1NT PAUL
Narne Calem¢a, Mayor
Civil Division
400 Ciry Hall
IS WestKelloggBlvd.
Saint Paul, Minnesot¢ 55702
Telephorse: 651166-87I0
Facsimile: 657198-5619
September 26, 2000
NOTICE OF VIOLATTON
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, MN 55117
RE: All licenses held by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the premises at 756
Jackson Street in Saint Paul
License II7 #: 0016196
Dear Ms. Braid:
The Office of License, Inspections and Environmental Protection has recommended
adverse action against the licenses held by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the
premises at 756 Jackson Street in Saint Paul. The basis for the recommendation is as follows:
On September 8, 2000, a Saint Paul Police Officer was on
patrol in the area of Jackson and Acker and heard what
sounded like fireworlcs being set off inside the Beaver Lounge,
located at 756 Jackson Street in Saint Paul. The officer walked
up to the door to investigate and a woman, later identified as
Karen Jean Anderson opened the front door, made eye contact
with him, stated "Oh, shit!" and then went back inside the bar.
The officer attempted to enter, but the door was locked. The
officer saw Anderson watching through a glass window, and
told her to open the door. She then ran toward the back of the
bar. The officer pounded on the door for at least three minutes
before Anderson returned to open the door. In the meantime,
a number of people sat in the bar watching but no one opened
the door. The officer asked the bartender, Ronald Johnson,
who the woman was, and he identified her as a bartender at
the establishment. Anderson later told the officer that the bar
was legally open and she could "lock the door anytime I want
to and let who I want in."
In Re the licenses held by !
Beaver Lounge, Inc. dlbla Beaver Lounge _
City's Exh. No. 4
�_�_ _
Page 2
Grace Sraid
September 26, 2000
�
�
The failure to allow entry to the premises to a St Paul police officer is a
violation pursuant to Saint Paul Legislafive Code §409.26(b)(�.
�l-3�
If you do not dispute the above facts please send me a letter with a statement to that
effect. The matter will then be scheduled for a hearing before the St. Paul City Council to
determine what penalty, if any, to impose. You will have an opporhxnity to appear and speak on
your own behalf, or to have someone appear there for you. Since you have had previous adverse
action taken against your licenses, which include a five-day suspension for failure to allow
entrance to police officers in April, 1999, a sale of alcohol to an underage person in March of
2000, and a pending adverse action for sale of alcohol to an underage person from July of 2000,
the recommendation for a penalty by the Office of LIEP will be for a forty-five day suspension of
your licenses. The Saint Paul Legislative Code does permit you to have both the pending sale of
alcohol to an underage person and your new adverse action heard together for the purposes of
determining and imposing a penalty, if you choose to do so.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please
send me a letter stating that you are contesting the facts. You will then be sent a"Notice of
Hearing," so you will know when and where to appear, and what the basis for the hearing wiil be.
In either case, please let me know in writing no later than Friday, October 6, 2000,
how you would like to proceed. If I have not heard from you by that date, I will assume
that you are not contesting the facts. The matter wili then be scheduled for the hearing
before the St. Paul City Council.
If you have any questions, feel free to call me or have your attorney call me at 266=8710.
Sincerely,
✓ "�� /�
����✓uta.�J �X�-ti
Virginia D. Palmer
Assistant City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117
,. �f -
�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY
�
ot-3 �
AFFIDAVIT OF SFRVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on September 27, 2000, she served the attached NOTICE OF
VIOLATION upon the following named person placing a true and
correct copy thereof in an envelope addressed as follows:
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
St. Paul, MN. 55117
(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.
Subscribed and sworn to before me
this 27th da�-o.,f Sep�mbe�„ 2Q00.
Notary
P 1'AFd�60RN
....
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CITY OF SAINT PAUL
, Norns Coleman, Mtryor
October 16, 2000
OFFIC� THE CITY ATTORNEY ��� ��
Clayton binson, Jn, Ci Aliorn
Civil Division
400 City Hall Telephome: 651266-8110
lSWestKelloggBlvd. Facsimile:651298-56I9
Sain! Pau1, .Ninnuot¢ 55102
NOTICE OF HEARING
Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, Minnesota 55117 `
RE: All licenses held by Beaver Lounge, Inc. dlbla Beaver Lounge for the premises located at
756 Jackson Street in St. Paul
License ID No.:0016196
Aear Ms. Braid:
Please take notice that a hearing wi11 be held at the following time, date and place concerning a11
licenses for the premises identified above:
Date: Wednesday, November 1, 2000
Time: 9:30 a.m.
Place: Room 41
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing wili be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrarive Hearings:
Name: Beverly Jones Heydinger
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 612-341-7606
� In e the licenses held by
—.Beaver Lounge, Inc. d!b/a Beaver Lounge �
City's Exh. No. 6
-� � al-3�
The Council of the City o�nt Paul has the authority to provide fo�earings concerning licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.05
and 310.06, of the Saint Paui Legislative Code. In the case of licenses for intoxicating and non-
intoxicating liquor, authority is aiso conveyed by Minnesota Statutes secrion 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 foliows:
On July 20, 2000, an aicohol compliance check was performed at the Beaver
Lounge, located at 756 3ackson Street in Saint Paul. An 18-year old female
entered the Beaver Lounge and ordered a Miller Genuine Draft beer from the
bartender. The bartender served the young woman without asking for any
proof of age. It is a violation of Minn. Stat. §340A.503 to sell alcohol to a person,
under tbe age of 21.
On September 8, 2000, a Saint Paul Police Officer was on patrol in the area of
Jackson and Acker and heard what sounded like fireworks being set off inside
the Beaver Lounge, located at 756 Jackson Street in Saint Paul. The officer
walked up to the door to investigate and a woman, later identified as Karen
Jean Anderson opened the front door, made eye contact with him, stated "Oh,
shit!" and then went back inside the bar. The officer attempted to enter, but the
door was locked. The officer saw Anderson watching through a glass window,
and told her to open the door. She then ran toward the back of the bar. The
officer pounded on the door for at least three minutes before Anderson returned
to open the door. In the meantime, a number of peopie sat in the bar watching
but no one opened the door. The officer asked the bartender, Ronald Johnson,
who the woman was, and he identified her as a bartender at the establishment.
Anderson later told the officer that the bar was legally open and she could
"lock the door anytime I want to and let who I want in." The failure to allow
entry to the premises to a St. Paul police officer is a violation pursuant to Saint
Paul Legislative Code §409.26(b)(7).
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
Notice of Hearing - Page 2
• • 0�-3�
present, each ofwhom the City's attorney may cross-examine. T'he Administrative Law Judge may
in addition hear relevant and material testimony from persons not presented as witnesses by either
party who have a substanrial interest in the outcome of the proceeding; for exampie, the owners or
occupants of property located in close proxunity 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 confornuty with Minnesota Rules, part 1400.7000.
If you think that this matter can be resolved or settled without a formal hearing, please contact ar
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 7udge for incozporation 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 tius 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.
If you haue any questions, you can call me at 266-8710.
Very truly yours,
�� � ���
�
Virginia D. Palmer
Assistant City Attorney
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117
Notice of Hearing - Page 3
s
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
•
AFFIDAVIT OF SERVICE BY MAIL
��-3s'
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on October 17, 2000, she served the attached NOTICE OF HEARING
on the following named person by placing a true and correct copy
thereof in an envelope addressed as follows:
Grace Braid
Beaver Lounge
756 Jackson Street
St. Paul, MN. 55117
(which is the last known address of said
same, with postage prepaid, in the Uyr�
Minnesota. �
Subscribed and sworn to before me
this 17th daw��of Octob�� 2000.
n) and depositing the
es mails at�t-
�--�� � p�;�R P PANGBORN
-Q�� - t�TARvGU01JC-MINNESOTA
Notary Publi uv:AMMissw�
�XPIFYESJAN.31,2005
License �ro�p Comments Text
Licensee: BEAVER LOUNGE INC
�BA. BEAVERLOUNGE
License #: 0016196
0712812000
a�-3�
07/28/2000 To CAO fw adverse action. CAR
07/20/2000 Failed U of M alcohol compliance chedc conducted by SPPD Polyak. CN 00-141-250. Third failure (first is waming) $1000 mairix fine. Penalty
could be inaeased fo� managemenYs tailure to help police keep order dunng the check (nfo in potice report supplemement).CAR
O6/23/Z000 License fees paid in full. CAR
06/22/2000 Letter from CAO for falure to pay license fees. Given to 07103/2000 to respond. CAR
O6/19/2000 Faiied to pay first half fees due 4l30l20�0. To CAO for adverse action. Topl due with penalties is 53769.00CAR
O6/12/2000 5500 fine paid. CAR ,
06/05/2009 Letter from CAO giving Grace Braitl to 06112I2000 to pay fine. CAR '
04/17/2000 No6ce of Volation from CAO for sale of alcohot to an underage. $500 fine due by 64l27/2000. CAR
4/�4/2000 To CAO for adverse action.CAR
03l29l2000 Failed UM alctwhol compliance check conduded by SPPD RamsfadlReilly. Second fatlure. $500 maUix fine recommended. CAR
1?l22/�99g pd 57,166; final payment CAM
521'14N999 pd SSOO.00; fast payment due 12/17. CAM
12/07/�999 pd SS00.00: next payment due 12N0. CAM
12/O6/99 - Sent letter of stayed license suspension - LAB
11l30l1999 pd $500.00; ne# payment due 1713. CAM
11/24/99 CF99-1744 license suspended for failure to pay fees but suspension stayed because a new payment schedule has been arranged. Suspension
stayed as long as payments are made on Gme. CAR
11/� 9/1999 pd $500.00; next payment due 1 tl26 for $500.0�. CAM '
1 �/16/1999 Letter from CAO indicating that licensee has artanged a new payment plan, but recommends fhat wuncil grant immediate suspension of the
license if payment plan is not foifowed. CounaV hearing set for 11124/1999. CAR
t �/10/1999 Grace rame in today and pd $3,200. New payment plan: $500 due 11/19; $500 due 17/26; $500 due 12l3; $50� due 12/10; $�,'166 due �2lt7.
Invoices sent to Grace as weil as an affidavit for signaWre to agree to the pian. CAM
t 1l�5l99 1 pifed Grace Braid and advised her that we needed to set up a payment plan or counciV woutd be forced to Gase her estabiishment for faiiure to
pay fees. Ms. Braid indiqted that she wouid come in to LIEP on the moming of 11/8/99 to make artangements for payment. CAR
� 5/4199 passed second alcohoi compliance check-DL
11/4l99 No payments made. NoGce of Council Hearing from CAO for failure to pay fees. Hearing scheduled for 1'1/24/99.CAR
10/20l99 Notice of �oiatlon from CAO for failure to pay fees. Given W 10/29/99 to respond. CAR
9l26199 completed required alwtrol awareness 4aining-DL
09/23/1999 Letter sent to applicant as reminder of amount due $4,056 by 10/1. OK per BWCAM
09/08/1999 Payment plan $1,100.00 check paid. Totai due by 9/30 $4,056.00, CAM
8/� 9/99 second waming le8er sent for not completiag required alcohol awareness trianing-will be forv+arded to CAO for adverse action if they do not
contact LIEP within one week-DL
08/12/99 passed dg compfiance check, 09f09f99 ietter sent SS
7/21/99 Payment plan: $1,000.00 due &1 (paid 8/3J: $3,056.00 due 9/1 to pay for NSF.; 98-99 Znd half $2,t�0.o0 due 9l30; 99-2000 2nd half $2,t00.00
due 10/30.
7!8/99 Notice of Violation sent by CAO fw paying license fees with a bad check. CAR
05/21N999 NSF check #22979 recd for $3,708.00.ES
SI6/99 - Kris hand detivered suspension letter- LAB
4/28/99 CF99-378 approving a 5 day closure (5/19/99-5/23/99) for failure to aliow entraace to police officers. C0.R
4/7/99 Scheduled for coundl 4/28 (refusal of enVy). CAM
3!2/99 Notice of violation from CAO. Report that police were not allowed to enter the bar to investigate a robbery. Response deadline of March 12, 1999.
CAR
2l18/99 Failed alcohoi compliance check;'unofficial' waming•training due 7/29/99-DL
7/29/98 Congratuiations letter senL PJ W
7/13/98 Passed cigarette compliance check. PJW
6/26l97 - Paid $200.60 Cigarette Fine - Lab
6/5/97 - Sent Cig. Fine Letter (Due 6/'27/97) - Lab
5/28/97 C.F. #97-652 App'D imposing $200 Fine For Sale Of Cigs To A Minor
'12l12/96 Per Denny 82emer � Mlba - Do Not lntend To PaNcipate In Alcohof Awareness In 1997
1996-7°/, Disc On Liq FeeAp plied To 2nd 1/2-Lap-Lic
4/9/96 Cig Code Added Fr/ld# 59649-1ap-Lic
1995-7°/a Disc On Liq Fee Applied 70 2ntl 1/2-Lap-Lic
5/26/94- Restrictions Have Been Complied Wifh Per Inspection By Kris Van Hom
9/7J93 Liquor Sale To Minor: Waming
022592 C.F. 92-168 Adopted By City Councii SuspendEd On Saie Liquor, Sunday, Rest & Gmbl. Loc Lic FOr 3 Consecutive Days (3/23 - 3/25J Due To
Sale Of Alcoholic Beverages To A Minor.
020492 QF. 92-� 68 Suspeading Q� Sale Liquor, SundAy, Rest. 8 Gambling location License - Layed Over To 022592
121791 City Attomey Mnounced 123091 As Public HeAring Dats Before M Adminis7ative Law Judge PertAining To Adverse Action Against Licenses.
090591 Ph On Appn For Renewal Of Liquor On Safe-C, Sunday On Sale, Restaurant-B 8 Gambling Location-C License App'D C.F. 97-7653 With
Restrictions.
9/12/89 Ph On Appn For New Of Class A Gambling Location License App'D C.F. 89-1631
58 Seats SS-87
10932
� �
In Re the licenses held by
—Beaver Lounge, Inc. dlbla Beaver Lounge —
City's Exh. No. 7
1 A���[.\I .v�lll..:l ..1��..�r...•
�, c H
Earaest Money Contract
This Earnest Money Contraet is made and entered into on:
Oct 12, 2000
BE TT KNOWN, the undersigned:
James Mc Murray, Laurie Mc Murray
hereinafter referred to as Buyer, whose address is
594 Como Avc. S� PauL N1N 55103
offers to purchase from:
Thomas Braid, Grace Braid
hereinafter referred to as Seller, whose address is
3560 Emerald Drive White Bear Lake MN 55110
�'nvr. i ui
D� -3�
�x �
the following real estate known as
7 North Jackson & 87 East Acker, Plus 4 Vacant Lots. City: St. Paul, Minnesota, County:
E State: Minnesota, Zipcode: 55117
more parUiculariy described as:
Beavers Lounge 756 North Jackson(Drake's 2nd Addirion EX E 43Ft Lot 16 BLK 2),Pazking On
Acker(Drakes 2ND Addition Lot 17, Lot 18, Lot 19, BLK 2), House At 87 East Acker(Drakes 2ND
Addition Lot 20 BLK 2), Vacant Lot On Jackson(Drake's 2nd Addition Lot 14 BLK 2).
The purchase price is
Earnest Deposit paid herewith
Additional LTpon signin� sales agreement
Balance at closing
Assume Loan(s) in the Amommt of
Sellery Cazryback Loan(s) in the Amount of
� e�r - �yp�I�ea�(s),jn the Amoupt of
e-��Cv'a..G�".�Or ��s�
$ ' ,�� c.� �J��"'�
$500
$s,oao
$24,500 �/Vl � �
$ , ���vt..��"'
$ � Q�'A ��'�` ��
Buyer has deposited with Seller the Earnest Deposit in the amount of $500 sirnultaneousiy with the
delivery of this Agreement. Said Deposit has been confirmed by Seller �vith the execution of a
receipt delivered to Buyer, also simultanaously herewith.
The parties expressly agree that the failure of any party to comply with the terms and cnnditions of
this Agreement will constitute a material breach of the Agreement, rendering the Agreement subject
to cancellation.
If the transaction contemplated hereby fails due to conditions beyond control of Buyer or Seller,
such as a defect in tifle, a taking pursuant to eminent domain,destruction of the property caused by
fire,flood or other natural disaster, these shall cause immediate release of all parties from any further
liability or obligation hereunder.The total Earnest Deposit shall be retumed to Buyer.
Ct?P11rt"
The parties expressly agree that in the event, Buyer shall default in the performauce of flus
Agreement, Seller may, retain the Earnest Deposit as liquidated damages and both parties shall be
��a��.n.� �v,ni,r�, ..n�.,r,..:, Naoe 7 nt i
immesiiately released from ali obligations under this agreement.
The parties expressly agree that in the event Seller shall default in the performance of this �!��
Agreement, the Eamest Deposit shall be returued to Buyer, without prejudice, and both parties shall
be immediately released from all obligations under this agreement.
Said property is to be sold free and clear of all encumbrances, by good and mazketable tifle, with full
possession of said property available to Buyer.
The parties agree to execute a standard purchase and sales agreement on the tertns and conditions
contained in this agreement withinl5 days of signing this agreement.
The parties agree that the closing sha11 be on or before 45 days of signing this agreement
Buyer and Seller agree that this Agreement must be executed within: 2 days from date hereof.
Buyer to assume Taxes on properties up to but not exceeding $15,000. This being agreed upon by
both parties in consideration of the acceptance of $30,000 as e down payme t. The remainder to be
carried on a contract for deed by the seller in the amount of � r�months
,�:n'": at�,Q% Interest. Seller agrees to finance sale of inventory to Buyer at $20 per week unrii paid at
�'�� 0% interest.
In the event that any provisions of this Agreement shall be held to be invalid, the same shall not
affect, in any respect whatsoever, the validity of the remained of this Agreement.
ACCEPTANCE
The undersigned Seller accepts the foregoing offer
Dated /V ' �� ` � Time ! ��/� `"
OWNER !
Address
�
Phone_��? ���o��
��_
Address _ � �.,.vt
� nv�: � �1� .
Fram: ` Tom <tom(i�fishnet.com>
To: In House Misc. <tom@fishnet.com>
Date: Wednesday, October 11, 2000 4:41 AM
Subject; Loan Amourits And Payments 23�-30-8-7.5
Number of payments: 108
Financial Detaifs:
Interest compounding: Monthly
interest rate: 8.000%
Loan amount: $200,000.00
Payment amount $2,600.00
Total payments: $281,389.30
Totai finance charge: $81,389.30
� Number of payments: 157
Finaneial Details:
Interest compounding: Monthly y� �
Interest rate: 8.000% � ��/��
Loan amount: $200,000.00 � �l
Payment amount: $2,100.00
Total payments: $318,456.14
Totai finance charge: $118,456.14
Number of payments: 269
Financial Details:
Interest compounding: Monthly
Interest rate: 8.000%
Loan amount $200,OOQ.00
Paymentamount: $1,600.00
Total payments: $431,448.30
Totaf finance charge: $231,448.30
Number of payments: 105
Financial Details:
Interest compounding: Monthly
Interest rate: 7.500°/a
Loan amount: $200,000.00
Payment amount: $2,600.00
Tatai payments: $273,498.50
Total finance charge: $73,498.50
Number of payments: 145
Financiai Details:
Interest compounding: Monthly
tnterest rate: 7.500°!0
Loan amount $200,000.00
Payment amount: $2,100.00
p�-3�
Dl-3�
DATE OF REQUEST: 10/6/00
CONTACT PERSON Peter Pangborn
St. Paul City Attorney
TELEPHONE NUMBER: 651-266-8776
AGENCY: City of St. Paul
TITLE OF CASE: City of St. Paul vs Beaver Lounge
PREFERRED DATES AND 11/1, 11/2, 11/3
TIME: 9:30
LENGTH OF HEARING: 1 day
LOCATION: St. Paul City Hall/Ramsey Co. Courthouse
Room 41
ISSUE: 1) Refusal to allow police to enter; 2) alcohol sale to
underage person
ATTORIVEYS: Virginia Palmer 266-8719
Pro Se
MEDIA ATTEN710N: No
SPECIAL NEEDS: No
JUDGE Beverly
DATE 11/1
TIME 9:30
�7� � / � / �� y f �
"` y ` <. ''�"f �,�t'.G.�'� C+�� w��� ,fs'�✓'� ��`°�'� 14,�. �.
tt E�.
' l � t�'1 �Y'�-� � c
3�l o �u-r� �c � `r � � e_
CE.� �. � -�e. � �,�- �a�e G�� �'�l�
'� ������ ��_��
,' ��- �6�f ��.���r�s ���•���
��1z -� 1 �° �� ��.��v�.
�
pl-3�
�� y OFFICS OF THE CITYATTORNEY �/`
C!¢yton M. Robuccorz, Jr., Ciry Attoraey 7c� t�, ��(
(/ � FJ
CITY OF SAINT PAUL
R E C E t V E D Civi1 Division
Norm Coleman, Mayar u A 0 Ciry Ha71 Telephane: 612 2668710
Q� ��j �� Ai�' 7' �WestKelloggBlvd. Facsimile: 6I2298-5619
S¢ini Pav1, Minnesota 55102
�
October 16, 2000
VIA FAX AND U.S. MAIL
Judge Beverly Jones Heydinger
c!o Louise Cooper
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, Minnesota 55401-2138
RE: November 1, 2000 Admnustrative Hearing - Beaver Lounge
Our Files: G00-0257 and G00-0279
Dear Judge Heydinger:
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 Wednesday, November 1, 2000. This request is made on behalf of Ms. Virginia Palmer, the
attorney assigned to this matter. The City of St. Paul licensing division will be calling these
witnesses to testify regarding the incidents which serve as the basis for the action against the
owner of the Beauer Lounge.
In order to ensure that these individuals will be in attendance to tesrify, the City of St. Paul
requests from the State Office of Administrative Hearings subpoenas for the following
individuals:
1.
3.
Sgt. Richard Wachal
St. P��:! P�l3c� �Jepurt� ent
100 East llth Street
Saint Paul, Minnesota 55101
Police Officer John Corcoran
St. Paul Police Department
100 East llt" Street
Saint Paul, Minnesota 55101
2.
5gt. Eugene Polyak
St Daul Pclice De�,art�neaaE
100 East il�' Street
Saint Paul, Minnesota 55101
The hearing is scheduled to start at 9:30 a.m. on Wednesday, November 1, 2000, ln Room 41, St.
Paul City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102.
��" i �
01-3�
If you need additional information or have any questions regarding this request, please do not
hesitate to ca11 me at 266-8776. Thank you for your consideration in this matter.
Sincer ,
�
�
eter P. Pa�
Legal Assi;
Page 2
STATE OF MINNESOTA ��
OFFICE OF ADMINISTRATIVE HEARINGS ��
100 Washington Square, Suite 7700
'100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
October 19, 2000
�rginia Palmer
Attorney at Law
c/o Peter P. Pangborn
City of Saint Paui
Office of the City Attorney
Civil Division
400 City Hall
15 West Kellogg Blvd.
Saint Paul, Minnesota 55102
RE: In the Matter of All Licenses held by Beaver Lounge,
Inc. d/b/a Beaver Lounge for the Premises Located at
756 Jackson Street in St. Paul, License ID No. 0016196;
OAH Docket No. 15-2111-13214-6
Dear Counsel:
Enclosed are three (3) subpoenas requested by your office in the above-
referenced matter and a copy of each.
Sincerely,
� " ,
,/
BEVERL JONES HE DINGER�
Administrative Law Judge
Telephone: 612l341-7606
BJH:aws
Encl.
Providing Impartial Hearings for Governmeni and Citizens
An Equal Opportunity Employer
Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665
b �-3�
���:.
�3' �.�o�
�c� '�'
� 3�
`;_yy . ° .-'�2�
9�
;�- -::�
STATE OF M.INNESOTA
OFFICE OF ADMINlSTRATIVE HEARINGS
HE.ARING SUBPOENA
TO: Sgt. Richard Wachal
St. Paul Police Department
100 East 11 `" Street
Saint Paul, Minnesota 55101
GREE7INGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Beverly Jones Heydinger of the Office
of Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 41, 15
West Keilogg Boulevard, Saint Paul, Minnesota, on the 1 day of November, 2000 at
9:30 o'clock in the forenoon, to appear as a witness in the matter of All Licenses Held
by Beaver Lounge, Inc. d/b/a Beaver Lounge for the Premises Located at 756 Jackson
Street in St. Paul, License ID No. 0016196, OAH Docket No. 1 5-2111-13214-6.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the
Honorabie Kenneth A. Nickolai, Chief Administrative Law Judge, at
Minneapoiis, Minnesota this 19th day of October, 2000.
L4l'.�. .
(�,,�, KENNETH A. NI KO I
vL
Chief Administrative L Judge
612/341-7600
Subpoena requested by: Virginia Palmer, 612/266-8710.
��:-
�� ���:..
� :�
--_�d - 3 �
_�. �
-s�-as�
STATE OF MINNESOTA
OFFICE OF ADMIlVISTRATIVE HEt�RINGS
HEARING SUBPOENA
TO: Sgt. Eugene Polyak
St. Paul Police Department
100 East 11�' Street
Saint Paul, Minnesota 55101
GREETINGS:
a �-3�
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Beverly Jones Heydinger of the O�ce
of Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 41, 15
West Kellogg Boulevard, Saint Paul, Minnesota, on the 1S` day of November, 2000 at
9:30 o'clock in the forenoon, to appear as a witness in the matter of AVI Licenses Held
by Beaver Lounge, Inc. dlb/a Beaver Lounge for the Premises Located at 756 Jackson
Street in St. Paui, License ID No. 0016196, OAH Docket No. 15-2111-13214-6.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the
Honorable Kenneth A. Nickolai, Chief Administrative Law Judge, at
Minneapolis, Minnesota this 19t day of October, 2000.
V��.
� KENNETH A. NIC I
Chief Administrativ L w Judge
612l341-7600
Subpoena requested by: Virginia Paimer, 612/266-8710.
D1�3�
��-
� ���
�6
£
`�..�.��
STATE OF MINNESOTA
OFFICE OF ADMII�]ISTRATIVE HEARINGS
HEARING SUBPOENA
TO: Police Officer John Corcoran
St. Paul Police Department
100 East 11'" Street
Saint Paul, Minnesota 55101
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Beverly Jones Heydinger of the Office
of Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 41, 15
West Kellogg Boulevard, Saint Paul, Minnesofa, on the 1St day of November, 2000 at
9:30 o'clock in the forenoon, to appear as a witness in the matter of Ali Licenses Held
by Beaver Lounge, Inc. d/bla Beaver Lounge for the Premises Located at 756 Jackson
Street in St. Paul, License ID No. 0016196, OAH Docket No. 15-2111-13214-6.
Pursuanf to fhe authority granted at Minn. Stat. § 14.51, Witness, the
Honorable Kenneth A. Nickolai, Chief Administrative Law Judge, at
Minneapolis, Minnesota this 19` day of October, 2000.
�
� f NETH A.
Chief Adminis
612/341-7600
Judge
Subpoena requested by: Virginia Palmer, 612/266-8710.
�/
OFFICE OF THE CITY ATTORNEY �� /��
Clayton M. Robinson, Jc, Ciry Attarney
CITY OF SAINT PAUL
= Norm Coleman, Mayor
Civil Division
400 City Hall
l5 West Kellogg Blvd.
Saint Paul, Minrsesota SSIO2
Telephone: 65/ 266-8710
Facsimile: 65! 298-5619
October 16, 2000 °�
� � �_
NOTICE OF HEARING =�- "'' �
— O
Grace Braid � v; w fn
Beaver Lounge � %� a <
756 Jackson Street �'n-�--�` 3 �
Saint Paul, Minnesota 55117 ��-,, `-� � "
N
c£ti
RE: All licenses held by Beaver Lounge, Ina d/b/a Beaver Lounge for the.premises located at
756 Jackson Street in St. Paul
License ID No.:0016196
Dear Ms. Braid:
Please take notice that a hearing wili be held at the following time, date and place conceming all
licenses for the premises identified above:
Date: Wednesday, November 1, 2000
Time: 9:30 a.m.
Place; Room 41
St. Paul City Halt
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name: Beverly Jones Heydinger
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 612-341-7606
� � �r
The Council of the City of Saint Paul has the authority to provide for hearings conceming 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-
intoxicatin� liquor, authority is also conveyed by Minnesota Statutes secrion 340A.415. Adyerse
action may include revocation, suspension, fines and other penalries 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 July 20, 2000, an alcohol compliance check was performed at the Beaver
Lounge, located at 756 Jackson Street in Saint Paul. An 18-year old female
entered the Beaver Lounge and ordered a Miller Genuine Draft beer from the
bartender. The bartender served the young woman without asking for any
proof of age. It is a violation of Minn, Stat. §340A.503 to sell alcohol to a person
under the age of 21.
On September 8, 2000, a Sainf Paul Police Officer was on patrol xn the area of
Jackson and Acker and heard what sounded like fireworks being set off inside
the Beaver Lounge, located at 756 Jackson Street in Saint Paul. The officer
walked up to the door to investigate and a woman, later identified as Karen
Jean Andersou opened the front door, made eye contact with him, stated "Oh,
shit!" and then went back inside the bar. The officer attempted to enter, but the
door was locked. The officer saw Anderson watching through a glass window,
and told her to open the door. She then ran toward the back of the bar. The
officer pounded on the door for at least Yhree minntes before Anderson returned
to open the door. In the meantime, a number of people sat in the bar watching
bat no one opened the door. The officer asked the bartender, Ronald Johnson,
who the woman was, and he identified her as a barteuder at the establishment.
Anderson later told the officer that the bar was legally open and she could
"lock the door anytime I want to and let who I want in." The failure to allow
entry to the premises to a St. Paul police officer is a violation pursuant to Saint
Paul Legislative Code §409.26(b)('n.
You have the right to be represented by an attomey 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 wiil 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 attomey may
cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to
Notice of Hearing - Page 2
� � Dl���
present, each ofwhom the City's attorney may cross-exainiue. The Administrative Law Judge may
in addition hear relevanf and materiai fesfimony from persons not presented as wimesses by either
party who have a substanrial interest in the outcome of the proceeding; for example, the owners or
occupants of propezry located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Concluding azgumettts may be made by the pazties.
Following the hearing, the Jud�e 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 ail documents, records and witnesses you will or may need fo
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.
If you think that this matter can be resolved or settled without a formal hearing, please contact or
have your attorney contact the undersigned. I£ a stipulation or ab eement can be reached as to the
facts, that stipulation will be presented to the Administrative Law 7udge for incorporation into his
or her recommendation for Council action. �"
Ifyou fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated eazlier 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.
If you have any questions, you can call me at 266-8710.
Very truly youts,
' a'`c. � (��t.e-�
�
Virginia D. Palmer
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Counci2 Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1062 Rice St., St. Paul, MN
55117
Notice of Hearing - Page 3
Council File # O l � �' �
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
Referred To
Green Sheet # ( p� Q � p
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Comxnittee: Date
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WHEREAS, the City of Saint Paul, Office of License, Inspections and Environxnental
Protection (LIEP) initiated adverse action against the licenses held by Beauer Lounge, Inc., d/b/a
Beaver Lounge for the premises at 756 Jackson Street in Saint Paul, for selling alcohol to an
underage person in violation of Minn. Stat. §340A.503 arising from an incident that occurred on
July 20, 2000, and for failing to allow entry to the premises to a Saint Paul police officer in
violation of Saint Paul Legislative Code §409.26(b)(7) arising from an incident that occurred on
Sep'tember 8, 2000; and
WHEREAS, an administrative hearing was held before Adminish Law Judge
Beverly Jones Heydinger on November 1, 2000 at which time the Licensee did not dispute the
facts of the incidents, but wished to contest the appropriate penalty; and
WFIEREAS, the Administrative Law Judge issued her report on November 27, 2000
finding that there was a basis to impose adverse action against the licenses based upon the two
violations; and
WHEREAS, the Beaver Lounge has had two prior adverse license actions within the last
18 months, a five-day license suspension imposed on Apri128, 1999 for failure to allow the
police enhy to the premises and a$500 fine for a March 29, 2000 sale of alcohol to an underage
person, both of which are violarions listed in the penalty matrix in §409.26(b), making these a
third appearance before the council with multiple violations; and
WHEREAS, the LIEP Office has recommended imposition of a 45-day suspension
against the licenses, and a fine of $1,000, together with the costs of the hearing, in the amount of
$508.80; and
WIIEREAS, at the public hearing on December 20, 2000 the owners of the Beaver
Lounge stated that they intend to sell the business to a new owner, and that they will enter into a
management agreement with the new owners to manage the business while they apply far a
license in their own name; now, therefore be it
RESOLVED, that the Council of the City of Saint Paul, a$er due deliberation based upon
all of the evidence contained in the files, records and proceedings herein, including the
documents and eachibits introduced at the hearing before the Administrative Law Judge, and the
testnnony at the public hearing, does hereby order:
That the Findings of Fact, Conclusions of Law and Report of the Administrative
law 7udge in this matter be adopted as the findings of the Council in this matter,
1 and be incorporated herein by reference. � �_�
2
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2. That the licenses issued to Beaver Lounge, Inc., dlbfa Beaver Lounge at 756
Jackson Street sha11 be suspended for a period of 45 days for the violations of sale
of alcohol to an underage person on July 20, 200Q and failing to allow entty to
the premises to a Saint Paul police officer on September 8, 2000. This suspension
shail be stayed for a period of 60 days from this date to allow the sale of the
business to take place, and the new owners to obtain a liquor license. At the end
of 60 days if the sale has not gone through or the new owners have been unable to
obtain a license, this matter shatl be returned to the council agenda for further
action.
3. That the Licensees shall pay a fine of $1,000, and shall pay the costs of the
hearing before the administrative law judge in the amount of $508.80.
A copy of this Resolution, as adopted, shall be sent by first class mail to the licensee and
to the Administrative Law 7udge.
Requested by Department o£:
BY� � `�_�_ �� _�i�.l�
Approved by Mayor: Date �,�( 2�j ZQ�!
&y:
By:
Form Approved by City Attorney
BY� �
Appzoved by ayor for Submission to Council
By:
Adopted by Council: Date �OO�
Adoption Certified by Counci Secretary
ot-sY
a���
Palmer , 266-&71Q
7anuary 17, 2001 - COnsent
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
No106010
� co,R.rEwrowa�ae � rnroaara �
❑ O11'Ai�OMlY Q a1VClfRK
❑ wwMwtaFltVtrsow. � wuweilllaikVlllCero
❑MY011pRAiWf111I1) ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Resolution memorializiug City Council acfion taken January 3, 2001, concenring adverse acrion against all
licenses held by Beaver Lounge, Inc. 756 Jackson Street.
PLANNING CAMMISSION
CIB COMMITTEE
CNiL SERVICE COMMISSION
Has thre P�soN(rm e+erwaked undw a caM'act farUus department?
YES NO
Hes thin DNeonlfirm ewr been a pH empbytt7
YE3 NO
DoeStMS percoNNm P� a sbll iwt nafmaWlO� bY �Y ��reM �Y �Wd1�
YES t�
b tltls Dr�rm a terGeteA vandorl '
VES NO
TRANSACTION
COfT/REVENUEBUDGETED(GRCLEONq YEY
ACTNITY Nil1�IBER
..,
�
OFFICE OF THE CITY ATTORIYEY
Claylon M. Robinsoq ✓r.� Ciry Attorney
���
CITY OF SAINT PAUL
Norm Colemars, Mayar
December 4, 2000
Civi1 Division
400 Ciry H¢R Telephone: 657 266-8770
IS West Xellogg Blvd. Facsimile: 651298-5679
Saint Puut, Minnesoi¢ Si102
NOTICE OF COUNCIL HEARING '
5�.4�z� �.. i�.�.,.. v� Nn�fx f
Mr. Tom Braid and Mrs. Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, Minnesota 55117
-< � , „ ��r��
;� � �. �t <�.
RE: A111icenses held by Beaver Lounge, Inc. d!b(a Beaver Lounge, for the premises at 756
7ackson Street in Saint Paul
License ID #: 0016196
Dear Mr. and Mrs. Braid:
Please take notice that a hearing on the report of the Administrative Law Judge concerning the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, December 20, 2000, 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 wiil
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, �
���� � ��
Virgima Palmer
Assistant City Attorney
cc: Mr. Tom Braid and Mrs. Grace Braid, 3560 Emerald Drive, White Bear Lave, MN 55110
Graham Butier, Graham Legal Services, 2499 Rice St., Roseville, MN 55113
Nancy Anderson, Assistant Council Secretary, 31� City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
✓
STATE OF MINNESOTA
OFFICE OF ADNIINTSTRATIVE HEARINGS
1�o Washington Square, Suite 1700
100 Washington Avenue South
Minneapoiis, Minnesota 55401-2138
November 27, 2000
a�-ZY
���FPy >
�ilOy ��'
�� 2 � 2 DD0
r � �C�Rk
Fred Owusu, City Clerk �`^�,��"; ."- <<>.r. �� -�
���
City of St. Paul
170 City Hail �,n�t� � � ��V�
15 West Keilogg Bivd.
Saint Paul, MN 55102
RE: In the Matter of the Licenses held by Beaver Lounge for
the premises located at 756 Jackson Street, Saint Paui,
Minnesota; OAH Docket No. 15-2111-13214-6
Dear City Clerk Owusu:
Encfosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conciusions and Recommendation in the above-
entitled matter. Also enclosed is the officiai record, with the exception of the tape
recording of the hearing. Copies of those tapes will be sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
BEV�ON�EYDINGE `�"7-
Administrative Law Judge
Tefephone: 6121341-7606
BJH:aws
Encl.
cc: Virginia D. Palmer
James Braid
Providing Impartial Hearings for Govemment and Citizens
An Equal Opportunity Employer
Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665
� � -��
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Debra S. Aws, being first duly sworn, hereby deposes and says that on
the 27�' day of November, 2000, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 15-2111-13214-6 by depositing in the United
States mai! at said City of Minneapolis, a true and correct copy thereof, proper{y
enveloped, with first class postage prepaid and addressed to the individuals
named herein.
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Bivd.
Saint Paul, MN 55102
Virginia D. Palmer
Assistant City Attomey
400 City Hail
15 West Kellogg Bivd.
Saint Paul, MN 55102
James Braid
3560 Emerald Drive
White Bear Lake, MN 55110
Subscribed and swom to before me
this .�7� day of November,
1
Ci (1t�� '%� f�
� � `-'�"
Debra S. Aws
2000.
tavoN aEC�w
NOfAflY PUBUC . MINHESOT�
My CpMMI5S10N EXPIAES
JANUARY 31, 2W6
o`-�K
15-2111-13214-6
STATE OF MINNESOTA
OFFICE OF ADMINtSTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
In the Matter of the Licenses held by FINDINGS OF FACT,
Beaver l.ounge CONCLUSIONS AND
for the premises {ocated at RECOMMENDATION
756 Jackson Street, Saint Pau1, Minnesota
This matter was heard by Administrative Law Judge Beverly Jones
Heydinger, commencing at 9:30 a.m., November 1, 2000, at the St. Pau{ City
Half, Room 41, 15 West Keilogg Boulevard, Saint Paul, Minnesota. The hearing
was held pursuant to Notice of Hearing dated October 16, 2000, signed by
Virginia D. Palmer, Assistant City Attorney, on behalf of the City of St. Paul. Ms.
Palmer, 400 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102,
appeared on behalf of the City. James Braid, 3560 Emerald Drive, Wh+te Bear
Lake, Minnesota 55110, appeared on behalf of Beaver Lounge, the Licensee.
The record closed on November 1, 2000, at the close ofi the hearing.
N0710E
This report is a recommendation, not a final decision. The St. Paul City
Councii wili make the finaf decision after a review of the record and may adopt,
reject or modify these Findings of Fact, Conclusions, and Recommendations.�
Pursuant to Minn. Stat. § 14.61 (2000), the City Council shall not make a final
decision until this Report has been made available to the parties for at least ten
days. The parties may fi4e exceptions to this Report and the City Council must
consider the exceptions in making a final decision. A copy of the City Council's
decision must be served on the parties and the Administrative Law Judge by first
ciass mai1. Parties should contact the Fred Owusu, City Clerk, City of St. Paul,
170 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, to ascertain
the procedure for fifing exceptions or presenting argument.
STATEMENT OF THE ISSUES
The issues presented a# this hearing were:
1. Did the Licensee violate Minn. Stat. § 340A.503, which prohibits the
sale of alcohol to a person under the age of 21?
1 St. Paul Legislative Code § 310.05 (o-l).
Z Minn. Stat. § 14.62, subd. 1(2000).
�1-�b'
2. Did the Licensee violate Saint Paui Legislative Code § 409.26(b)(7)
by failing to allow entry to the premises to a St. Paul police officer?
FINDINGS OF FACT
1. Grace Braid operates the Beaver Lounge, a bar and restaurant with
relafed licenses, at 756 Jackson Street, St. Paui. She operates the bar with her
husband, James Braid, who appeared on behaif of the Beaver Lounge at the
hearing,
2. On July 20, 2000, an alcohoi compliance check was performed by
the St. Paul police at the Beave� Lounge. An 18-year old female entered the
Beaver Lounge wearing a hidden transmitter, and ordered a Miller Genuine Draft
beer from the bartender. The bartender served the young woman without asking
for any proof of age. 3
3. Sargent Richard Wachal, was in the bar at the time of the sale
dressed in p{ain ciothes, and observed the transaction. He summoned Sargent
Eugene Polyak, who had been outside the bar in his squad car listening to the
transmission of the compliance checker's conversation with the bartender. The
two officers spoke with the bartender about the sale to the young woman, and
dealt with a disruptive customer.'
4. On September 6, 2000, the Office of License, Inspections and
Environmental Protection notified the Beaver Lounge that it had violated Minn.
Stat. § 340A.503 by selling alcohol to a person under the age of 21 5
5. On September 8, 2000, St. Paul Police Officer John Corcoran was
on patrol in the area near the Beaver Lounge, and heard what he believed to be
fireworks being set off inside. The officer walked up to the door to investigate,
and a woman, later identified as Karen Jean Anderson, opened the front door,
saw that a polics officer was at the door, closed the door and locked it. For
severai minutes the officer pounded on the door and attempted to gain access,
but was ignored by Ms. Anderson and bar patrons. Then, Ms. Anderson returned
to the door and admitted the officer. The bartender, Ronald Johnson, identified
Ms. Anderson as another bartender at the Beaver Lounge. Ms. Anderson
acknowledged that she had focked the bar, and believed that she could do so at
any time 6
6. On September 26, 2000, the St. Paul Office of License, Inspections
and Environmental Protection notified the Beaver Lounge that it had violated St.
Pauf Legislative Code § 409.26(b)(7) by faifing to aflow a St. Paul police officer to
enter ihe premises. it informed the license hoider that its proposed sanction,
' Exhibit 2; Test. of Richazd Wachal; Eugeae Polyak,
° Test. of R. Wachal and E. Polyak; Ex. I.
5 Ex. 2.
6 Ex. 3; Test. of John Corcoran.
2
at-��
taking into account prior violations, was a forly-five day suspension of the
licenses �
7. Kristine Schweinler, an inspector with the Office of License,
Inspections and Environmental Protection, testified about the Beaver Lounge's
prior oifenses. There have been two prior instances ofi serving alcohol to
persons under the age of 21, and one other instance where the police were
denied entry. Following the lafter incident, the City Counci! ordered the Beaver
Lounge to ciose for five days, May 19 through May 23, 1999.
8. Mr. Braid did not dispute the evidence presented, and oifered no
testimony to contradict it. However, he emphasized that he wants bar employees
to comply with the law, and that he acted promptly to terminate the employees
involved in these violations. He has offered to give the police a key to and
security codes for the Beaver Lounge so that they can gain access at any time.
He has also retained off-duty city staff, including police officers, to work at the
Beaver Lounge to minimize any possibility of further problems.
9. Any Finding of Fact more properly termed as a Conclusion is
hereby adopted as a Conclusion.
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paul City Council have
jurisdiction in this case.
2. The Licensee received timely and proper notice of the hearing and
the City has complied with ai{ refevant substantive and procedural requirements
of statute and rule.
3. The City has authority to suspend or revoke a license and to
impose penalties for violation of applicable statutes and rules."
4. The Licensee is responsible for conduct in the licensed
establishment, inciuding conduct by an employee authorized to sell alcohof.
5. The City has the burden of proving that the Licensee violated the
applicable provisions of state law and city ordinance by a preponderance of the
evidence.
' Ex. 4; Test. of Kristina Schweinler.
8 See also, Ex. 7.
9 Minn. Stax § 340A.415 (1998); Saint Paul Legislative Code § 40912.
10 See Minn. Stat. § 14.57 — 14.61, 340A.415 (1998); Saint Paul Legislarive Code § 310.05.
° Minn. Stat. § 340A.415 (1998); Saint Paul Legislative Code § 310.06.
tZ Minn. Stat. § 340A.501 (1998); Saint PauL Leaislative Code §§ 31�.17 and 409.14.
o�-3b'
6. Beaver Lounge violated Minn. Stat. § 34QA.5o3, subd. 2(1) by
se4ling an alcoholic beverage to a person under age 21.
7. She Beaver Lounge violated St. Paui Legislatrve Code
§409.26(b)(7) by fiailing to ailow a police officer access to the premises.
8. The City Councii has the authority to impose the appropriate
sanction by application of the provisions of St. Paul Legislative Code F 409.26.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the foflowing:
RECOMMENDATION
lT IS HEREBY RECOMMENDED: that the Cify of Saint Paul impose an
appropriate sanction against the Licensee.
Dated this 27 day of November, 2000.
I_�_ _? .A��i � . � . �.��
: '.`� J i, �-
. � � _ , _
Reported: Tape-recorded (three tapes)
MEMORANDUM
Mr. Braid did not contest the violations, but is very concerned with the
penalty that may be imposed. He acknowledges that the license hofder is
responsible for the actions of the employees, but believes that he has taken
steps to mitigate the likelihood of future offenses and is negotiating for sale of the
establishment. The City Council has the authority to determine the appropriate
sanction.
B.J.H.
n
�
o�-
OFFICE OF ADMIPTISTRATIVE HEARIIVGS
FOR THE COUNCIL OF
THE CITY OF SAINT PAUL
In Re The Licenses Held By Beaver Lounae, Inc.
d/b/a Beaver Lounge
CITY'S PROPOSED
EXHIBITS
November 1, 2000
TO: Judge Beverly Jones Heydinger, Administrative Law Judge, Office of Administrative
Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list of the City's proposed exhibits for the Administrative
Aearing on November 1, 2000.
Exhibit No.
E�. No. 1
Exh. No. 2
Exh. No. 3
Exh. No. 4
Er1i. No. 5
Each. No. 6
Description
Police Report CN 00-141-250, prepared by Sgt. Eugene Polyak and Sgt.
Richard Wachal, dated July 20, 2000 (6 pp.);
Nofice of Violation, dated September 6, 2000, with Affidavit of Service
� pP•)>
Police Report CN 00-181053, prepared by Officer John Corcoran, dated
3eptember 8, 2000 (4 pp.);
Notice of Violation, dated September 26, 2000, with Affidavit of Service
� PP•);
License Information Report, dated October 30, 2000 (8 pp.);
Notice of Hearing, dated October 16, 2000, with A�davit of Service
� PP•);
Exh. No. 7 License Group Comments Text, dated 7uly 28, 2000 (1 p.).
o����
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. Paui Legislative Code § 310.17
St. Paul Legislative Code § 409.26
Respectfully submitted this 1�` day of November, 2000.
` � �u2� U ce-a.��1
Virginia D. almer
Assistant City Attomey
Office of The City Attorney
400 City Hali
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
STATE OF MINNESOTA
OFFICE OF ADDZINISTRATIVE HEARINGS
100 Washington Square, Su{te 1700
100 Washington Avertue South
Minneapolis, Minnesota 55401-2138
November 27, 2000
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West KeUogg Bfvd.
Saint Paul, MN 55102
UI°��
���'FlV�-�
�Q� 2 t7
�, 2�d0
� �����.
RE: 1n the Matter of the Licenses held by Beaver Lounge for
the premises located at 756 Jackson Stseet, Saint Pau{,
Minnesota; OAH Docket No. 15-2111-13214-6
Dear City Clerk Owusu:
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the officiai record, with the exception of the tape
recording of the hearing. Copies ofi those tapes will be sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
BEV�O NEYDINGE `nr
Administrative Law Judge
Telephone: 612/341-7606
BJH:aws
Encl.
cc: Virginia D. Palmer
James Braid
Providing Impartial Hearings for Govemment and Citizens
An Equal Opportuniry Employer
Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (6i2) 341-7346� Fax PJo. (612) 349-2665
bl-3�
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Debra S. Aws, being first duly sworn, hereby deposes and says that on
the 27 day of November, 2000, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 15-2111-13214-6 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 individuais
named herein.
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
James Braid
3560 Emerald Drive
White Bear Lake, MN 55110
Virginia D. Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
4��� C�
Debra S. Aws
Subscribed and sworn to before me
this a7� day of November,
�
��� �Y���
2000.
LaVON REGAN
NOTMY PUBLiC - M:15N850TA
MYCOMMISSION EXPIRE3
J/WUARY 31.200.5
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15-2111-13214-6
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
In the Matter of the Licenses held by FINDINGS OF FACT,
Beaver Lounge CONCWSIONS AND
for the premises located at RECOMMENDATION
756 Jackson Street, Saint Paul, Minnesota
This matter was heard by Administrative Law Judge Beverly Jones
Heydinger, commencing at 9:30 a.m., November 1, 2000, at the St. Paul City
Hall, Room 41, 15 West Kellogg Boulevard, Saint Paul, Minnesota. The hearing
was held pursuant to Notice of Hearing dated October 16, 200�, signed by
Virginia D. Palmer, Assistant City Attorney, on behalf of the City of St. Paul. Ms.
Palmer, 400 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102,
appeared on behalf of the City. James Braid, 3560 Emeraid Drive, White Bear
Lake, Minnesota 55110, appeared on behalf of Beaver Lounge, the Licensee.
The record closed on November 1, 2000, at the close of the hearing.
NOTICE
This report is a recommendation, not a final decision. The St. Pauf City
Council will make the final decision after a review of the record and may adopt,
reject or modify these Findings of Fact, Conc{usions, and Recommendations.�
Pursuant to Minn. Stat. § 14.61 (2000), the City Council shalf not make a finai
decision until this Report has been made available to the parties fior at least ten
days. The parties may file exceptions to this Report and the City Council must
consider the exceptions in making a final decision. A copy of the City Council's
decision must be served on the parties and the Administrative Law Judge by first
class mai1. Parties should contact the Fred Owusu, City Clerk, Gity of St. Paul,
170 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, to ascertain
the procedure for filing exceptions or presenting argument.
STATEMENT OF THE ISSUES
The issues presented at this hearing were:
1. Did the Licensee violate Minn. Stat. § 340A.503, which prohibits the
sale of alcohol to a person under the age of 21?
1 St. Paul Legislarive Code § 310.05 (o-l).
Z Minn. Stat. § 14.62, subd. 1(2000).
0�-3�
2. Did the Licensee violate Saint Paul Legislative Code § 409.26(b)(7)
by failing to allow entry to the premises to a St. Paul police officer?
FINDINGS OF FACT
1. Grace Braid operates the Beaver Lounge, a bar and restaurant with
related licenses, at 756 Jackson Street, St. Paul. She operates the bar with her
husband, James Braid, who appeared on behaff of the Beaver Lounge at the
hearing.
2. On July 20, 2000, an alcohol compiiance check was performed by
the St. Paul police at the Beaver Lounge. An 18-year old female entered the
Beaver Lounge wearing a hidden transmitter, and ordered a Miller Genuine Draft
beer from the bartender. The bartender served the young woman without asking
for any proof of age. 3
3. Sargent Richard Wachal, was in the bar at the time of the sale
dressed in plain clothes, and observed the transaction. He summoned Sargent
Eugene Polyak, who had been outside the bar in his squad car listening to the
transmission of the compliance checker's conversation with the bartender. The
two officers spoke with the bartender about the sale to the young woman, and
dealt with a disruptive customer.
4. On September 6, 2000, the Office of License, Inspections and
Environmental Protection notified the Beaver Lounge that it had violated Minn.
Stat. § 340A.503 by selling alcohol to a person under the age of 21.
5. On September 8, 2000, St. Paul Police Officer John Corcoran was
on patrol in the area near the Beaver Lounge, and heard what he believed to be
fireworks being set ofF inside. The officer walked up to the door to investigate,
and a woman, later identified as Karen Jean Anderson, opened the front door,
saw that a police o�cer was at the door, closed the door and locked it. For
several minutes the officer pounded on the door and attempted to gain access,
but was ignored by Ms. Anderson and bar patrons. Then, Ms. Anderson returned
to the door and admitted the o�cer. The bartender, Ronafd Johnson, identified
Ms. Anderson as another bartender at the Beaver Lounge. Ms. Anderson
acknowledged that she had locked the bar, and believed that she could do so at
any time.
6. On September 26, 2000, the St. Paul Office of License, lnspections
and Environmental Protection notified the Beaver Lounge that it had violated St.
Paul Legislative Code § 409.26(b)(7) by failing to allow a St. Paul police officer to
enter the premises. It informed the license holder that its proposed sanction,
' E�ibit 2; Test. of Richard Wachal; Eugene Polyak.
° Test. of R. Wachal and E. Polyak; Ex. 1.
5 Ex. 2.
6 Ex. 3; Test. of John Corcoran.
2
o �_ 3g
taking into account prior violations, was a forty-five day suspension of the
licenses.�
7. Kristine Schweinier, an inspector with the Office of License,
lnspections and Environmental Protection, testified about the Beaver Lounge's
prior offenses. There have been two prior instances of serving alcohol to
persons under the age of 21, and one other instance where fhe police were
denied entry. Folfowing the fatter incident, the City Council ordered the Beaver
Lounge to close for five days, May 19 through May 23, 1999 $
8. Mr. Braid did not dispute the evidence presented, and offered no
testimony to contradiet it. However, he emphasized that he wants bar employees
to comply with the law, and that he acted promptly to terminate the employees
involved in these violations. He has offered to give the police a key to and
security codes for the Beaver Lounge so that they can gain access at any time.
He has also retained off-duty city staff, including police officers, to work at the
Beaver Lounge to minimize any possibility of further problems.
9. Any Finding of Fact more properly termed as a Conclusion is
hereby adopted as a Gonclusion.
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paul City Council have
jurisdiction in this case.
2. The Licensee received timely and proper notice of the hearing and
the City has complied with all refevant substantive and procedural requirements
of statute and rule.
3. The Gity has authority to suspend or revoke a license and to
impose penalties for violation of applicable statutes and rules.��
4. The Licensee is responsible for conduct in the licensed
establishment, including conduct by an employee authorized to sell alcohol.'
5. The City has the burden of proving that the Licensee violated the
applicable provisions of state law and city ordinance by a preponderance of the
evidence.
' Ex. 4; Test. of Kristina Schweinler.
8 See also, Ex. 7.
9 Minn. Stat. § 340A.A15 (1998); Saint Paul Legislative Code § 409.12.
10 See Minn. Stat. § 14.57 —14.61, 340A.415 (1998); Saint Paul Legislative Code § 310.05.
11 Minn. Stat. § 340A.415 Q498); Saint Pau1 Legislative Code § 310.06.
12 Minn. Stat. § 340A.501 (1998); Saint Paul Legislative Code §§ 310.17 and 40914.
pl-3�
6. Beaver Lounge violated Minn. Stat. § 340A.503, subd. 2(1) by
selling an alcoholic beverage to a person under age 21.
7. The Beaver Lounge violated St. Paul Legislative Code
§409.26(b)(7) by failing to allow a police officer access to the premises.
8. The City Council has the authority to impose the appropriate
sanction by application of the provisions of St. Paul Legislative Code § 409.26.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: that the City of Saint Paul impose an
appropriate sanction against the Licensee.
Dated this 27 day of November, 2000.
� � �
�I_'_� �.�ii . � � ��. ��O
: •"� `• _ `i �•
�
.� � �� _
Reported: Tape-recorded (three tapes)
MEMORANDUM
Mr. Braid did not contest the violations, but is very concerned with the
penalty that may be imposed. He acknowledges that the license holder is
responsible for the actions of the employees, but believes that he has taken
steps to mitigate the likelihood of future offenses and is negotiating for sale of the
establishment. The City Council has the authority to determine the appropriate
sanction.
B.J.H.
0
�
n_
OFFICE OF ADNIINISTRATIVE HEARINGS
FOR THE COUNCIL OF
THE CTTY OF SAINT PAUL
In Re The Licenses Held By Beaver Lounge, Inc.
d/b/a Beaver Lounge
CTTY`S PROPOSED
EXHIBITS
November 1, 2000
TO: Judge Beverly Jones Heydinger, Administrative Law Judge, Office of Administrative
Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list of the City's proposed exhibits for the Administrative
Hearing on November 1, 2000.
Exhibit No.
Exh. No. 1
Exh. No. 2
Each. No. 3
Exh. No. 4
Exh. No. 5
Each. No. 6
E�ch. No. 7
Description
�l�3�
Police Report CN 00-141-250, prepazed by Sgt. Eugene Polyak and Sgt.
Richard Wachal, dated July 20, 2000 (6 pp.);
Notice of Violation, dated September 6, 2000, with Affidavit of Service
� PP•)>
Police Report CN 00-181053, prepared by Officer John Corcoran, dated
September 8, 2000 (4 pp.);
Notice of Violation, dated September 26, 2000, with Affidavit of Service
� PP•)>
License Information Report, dated October 30, 2000 (8 pp.);
Notice of Hearing, dated October 16, 2000, with Affidavit of Service
� PP•);
License Group Comments Text, dated July 28, 2000 (1 p.).
ot-3�'
Also attached please find courtesy copies of applicabie St. Paul City ordinances:
St. Paul Le�slative Code § 310.05
St. Paul Legislative Code § 310.06
St. Paul Legislative Code § 310.17
St. Paul Legislative Code § 409.26
Respectfully submitted this 1 day ofNovember, 2000.
�-� S�
Virginia D. almer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Keliogg Boulevard
Saint Paul, Minnesota 55102
(b12)266-8710
�" r Saint Paul Police Department Page ,
�' SUPPLEMENTAL OFFENSE / tNCIDENT REPORT pJ,3�
CamplaintNumber Refe�ence C.K Primary offense Date and Time of RepoK
00-14� 250 Liquior Violation 07/20/2000 21:00
�
Primary Repor(ing �fhcer EUGENE P POLYAK
?rimary ot7ense detaH: _
Primarysq�ad: 7Q0
Secondaryrepo�tingoflicer. RICHARD L WACHAL
Oisfict CENTRAL ( )
Secondary offense:
Locaffon ofincidenY.
Name of/oCatioNbcSiness:
Date & Sme of occurence:
Anest made? YES
Date & time ofarrest 07/20/2000 17:45
POUCE PE�2SONNEL INVOLVED
Ar2stmade on view: YES Pursuif engaged:
Arrest made on warrant o� previous CM.
Weapons �sed by poGce;
Weapons used by suspecf at time of arrest.
Resistance encountered:
CHARGES
/vame GORZ, JOSEPH CARL /+nestStams gOOKED sooldng�
Booking date 07/20/2000 Booking trme 21:37
NAMES
ARRESTEE GORZ, JOSEPH CARL
308 FOREST ST STPAUL MN 55106
- Physical Description Phones
sex UPIKNOWN Height Haircolor Homephone 651-771-2072
Race W}j�TE Weight Hai�Type
Hispanic Budd HairLength �
DOB 08/'16/1965 Sldn Facial Hair "
1
Age 34 `
�
Physical ConCition Employment �
n�
Canscrousneu Occupa6on UNK �
Drug/a�coho�use HAD BEEN DRINKING Emp/oyer :�
- �
� In e e hcenses he
_Beaver Lounge, Inc. d/b/a Beaver Lounge e
City's Exh. No. 1
, ` r ` � . � 7
_� i 1 ` �C-�! �.�' ��^' .J '�'' l�
l � /7 C �
L
�I ` ,�, Saint Pauf Police Deparkment
: � : SUPPLEMENTAL OFFENSE 1 1NCIDENT
._�
Complaint Number RefeJencs C_N. Pnmary oflense
Date and Time of Report
00-141250 Liquior Violation 07/20/2000 21:00
SLISPECT BROWN, DAViD EARL
691 DALE ST N#�3 STPAUL MN 55103 "
Physipl DescripSon Phones
sex UNKNOWN Height HailCO/or Home phone 651- -
Race �j�/}-jy'� WeigM HairType Woifc phone 651-222-6a11
Kspanic
DoB 02/16/1964
Bttdd
sldn BROWN - L1GriT
HairLengdi
Faaa7 Hair
Age 36
Physica/ Condifion Emp/oyment �
Consciausness 7 occupation gp}�j'EjypER
Orug/a/cohol use Empoye� gEqVERS BAR
CRIME SCENE DESCRIPTORS
Crime Scene
Type
Descnption
hfefhod & Poirrt of Entry
Face usea NOT FORCED
point af ertfry
Meihod
PROPEi�TY (NONE)
VEHiCLE 1NFORMATION (NONE� . `
GORZ, JOSEPH CARL ' 308 FOREST ST , S7PAUl, MN 55106 ;;: 08/'I6/'1965 34 W U
NaRRaTivE
Squad 790 (Sgt. Polyak) along with 792 ( Sn . Wachal conduct liquor compliance checks az several
bars located in St. Paul. The undercover agent assisting in the compliance checks was trainedby
_= the Vice Unit in how to conduct the compliance check• "lhe U.C. was tcained to tell the ttuth if
asked her age or D.O.B. The U.C. was given buy funds before entering ilie establishwent to be
checked and was checked to make sure she had no fotm of identification aa fier pason. The U.C.
- used on this compliance check was 18 years of age and was photographed prior tn the start of the
' detail_ The U.0 will be identified as U.C. #56.
~ The first check took place az Beavezs baz at 756 jackson. U.C. #56 was s�t inside the bar shordy
after Sgt. Wachal entered the bu and took up a place of surveillance. Sgt_ wachal entered the baz
first to insure the safety of tlie U.0 inside the baz ( A previous compliancecheck az Beaver Bar
escalated into a heated incident with the bu owner). The U.C. entered thebaz wearing a ludden
uansmitter so I could monitor her conversations from ouuide the bar. "The U.C. ordered a Miller �
Genuine draft beer from the bartender. The U.C. then gave me a signal indicatsng she had been
served. Sgt. Wachal exited the bu and motioned to me to enter the bar When I entered the baz I
observed a bottle of beer sitting in front of the U.C. I asked who served the beer and she pointed at
the bartender who was identified as Brown> David Earl D.O.B. 2-16-64. Sgt. Wacfial photographed
the bottle of beer while I asked the bartender for his license. I asked tfie barcender if he asked the
U.C. �or identification and he replied he didn`t indicazing he thought tlie female had entexe� �e baz
with a r awiar customer. The bartender was photographed and advised he would be contacted
through the mail with a summons and complunt chazging him wirh GM providing alcohol to a minor.
While speaking with the bartender and attempting to ID fiim a WIM seated at the corner ofthe baz
yelled, "this is bull shit it's a set up." I ignored the W/M and con[inued to ID the bar[ender- "IIie
W!M yelled "fuck the police, why don't you deal with the drug dealers outside" I again ignored ihe
W!M but at the same time noticed he was statting w incite several of the other cuscomers stuno next
Page 2
REPORT Q jr ;�
_�'-�,
Saint Paul Police Department
Page 3
SUPPLEMENTAL OFFENSE / INCIDENT REPORT �`�3�
Camp�aint Number Refe2nce CN. Pnmary offense
Date and rune of Repor[
00-141250 Liquior Volation 07/20/2000 21:00
to him. The W/M then Yelled "you fucking cops aze assholes this is bullshit." I advised the W/�I to
be quice, this didn't involve him and we conduct compliance checks on all the bazs in St. Paul_ The
W/M now stood up from his seaz and started to yell "fuck the godda� po&ce this is bullshit, fuck -
you, it,'s a set up." The W!M started to shake his fist az me_ I noticed several of the other
customers started to pound their fists an the baz as they stazted to yell in a�eement with the W/M
who buy now was inciring several other customers. I immediatly walked over and advised the W/M
suspect he was under ariesc. I gabbed the suspect by the arm twisting it behind his back as I
escorted him out of che bar. Sgt_ Wachal aLso observed a different individual who was starcing to
become incited and showing signs of anger renazding our presence in the baz. Once the W/M I was
dealin� with was removed from the bu the crowd of approximately 20 customets stazted to calm
down. The suspect was taken ouuide, handcuffed and h to HQ by a marked squad. The
suspect was booked for D.O.C. It should be noted the bartender made no attemQu az calmin� the
situarion inside the baz or by advising the suspect to be seated and remain quite. The suspect was
eventually identified as Gorz, 7oseph Cazl D.O.B. 8-16-65.
Please distribute to:
_CHF _Hom
_Sex _D/C
^ CO _Rptr
_Rob
_Burg
Vice
_Juv _Oper _PSC
_Theft _Prop _CAU
Nazco SIU T&A
_L.ab
_F&F
Other
Rec _Team
_Auco _DAO
.-�,-� �.�
�"r ` - Saint Paul Police Department Page ,
°�
, ___ SUPPLEMENTAL OFFENSE / INCIDENT REPORT p j�3�
Compfa�t Num6er Reference CN. Primary offense
Oate and Time of Repo/t
00-'141250 Liquor Law Violation 07/20/2000 21:06
PrimaryRepo�tingOffrcer RICHARD L WACNAL
Primary otfense deEad=
Primary squad 792
Secondaryrepo�tingoflrcer EUGENE P POLYAK
�� CENTR.4L ( PSS-VICE )
Secondary offense:
toca6on ofinddent
Name oflocafforvbusiness:
Date & dme of occurence:
Mestmade?
Date 8 time af amst.
POLICE PERSONNEL INVOLVED -
Mestmade on view.
Arrest made on wamant ar previous CN:
Pursuit engaged
Resistance encountered:
Weapons used by poGce:
Weapons rrsed by suspect at /ime of arrest.
CNARGES (NON�
NAMES (N
CRIME SCENE DESCRIPTORS
Gime Scene
rype
Descnpfion
Method 8 Poinf ofEntry
Forceused NOTFORCED
Point of entry
Method
PRQPERTY ( NON�
VEHiCLE INFORMATION (NON�
NARRATIVE
Squad 792 parricipated in this liquor compliance check of Beavers Lounge located at 756 Jackson �
St_ on 7-20-2000. I was working with Sgt. Polyak and we utilized undercover agent #56 who has a �
DOB of 5-5-82 making her 18 yrs. of age. She has undergone training by SPPD in how to conduct
herself in maldng undera�e buys of alcohol in local establishments in the city of St. Paul. ,
At 1745 hours this date, she entered the lounge with instructions ro order a MIller Genuine Draft beer.
She was given money with which to purchase it. I entered the baz a minute earlier to watch rhe \
activity inside and the possible sale thaz may ensue. She saz ai the west end of the baz and ordered ,�
the beer. The bartender lazer identified as: Brown, David Earl DOB 2-16-64 gave her the beer �
without hesitatioa and took a$5 bill from her and charged her $1.25 for it. I observed Brown riag if �
up on the cash register and �ve her the change. At this time I motioned to UC !{56 to stay seaied
while I reuieved Sgt. Polyak who was outside listening on a monitor. UC #56 had a uansmitter on
her person.
Once Sgt. PoIyak arrived, we dismissed UC �Y56 and identified the bartender. I photograghed the _ �
beer, Mr. Brown and tazer UC �56. ' r
It should be noted that a baz patron began io loudly make his feelings I�own to other patrons aboui
what the police were doin�. I heazd him (Gorz, Joseph Carl) say something to rhe effect of: "there
aze dru� pushers out there and they're in here doing this." Sgt. Polyak took him into custody afrer
hearing severai minutes of this person's vocal attitude. I was dealing with Mr. Brown who was
cooperative. There was another unidentified male thaz accused me of wearing a wire as I walked
out to get Sgt. Polyak. He met me on the sidewalk. I brushed past him to get to PoFyak and again to
get back inside the baz. He was now inside and continued to stare at me with his eyes squinted as '
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�. �., .``• " - Saint Paui Police Department Pase 2
- SUPPLEMENTAL OFFENSE / INCIDENT REPORT
__. o�- 3�
Camp�aintNumber Reference CN_ Primary oflense Date and Tvne of Report
00-141250 Liquor Law Volation 07/20/2000 21:06
he hated our police presence. Ae temained close mos[ of the time. I was concerned that he wouid
start a fight witfi either us or get others in the baz to join him. I was distracted by him while S�.
Polyak dealt with Gorc. I then nuned my attenuon to Gorz when I heard him speak the words -
menaoned earlier in this report.
Please distribute to:
_CF3F l Hom
Sex D/C
_CO _Rptr
Rob
_B�S
V ice
Juv
_Thefr
_Nazco
_Oper _PSC _Lab _Rec _Team
_Prop _CAU _F&F _Auto _DAO
SIU T&A Other
S'�
i
R e � �+eck
Beaver Lounse
756 Jackson y
SuyerlD
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Today's Date_
�'i�� ��1 � �
t. 8uyer gender 2 rme:
3/29/00 00054897
_ ,D,�,e ( 7!: I�`1;�.�,
Age � � � + CN.ECKHE�c 2�Fem2te " 2r � PM
if No Purchase Attemptedl I�pSRP
z _ TO wr3 � yyas a sacurity persan sationed at the door?
6. What did you try to purchase?
a. (check are: oN-sa/e oMyl b. (c'redc erre)
1 � &-pactc cans
2� 12-pack cans
3� �pack bottles
d�I QusR bettie
�'
7. `��elle_r(server's gender.
1 I V 1 Male 2 C Female
L1�+
i
8. Sellertserver's esrimated age:
l
'I � Budweiser
2� Coors a (cnedc ane)
3�Miller 1�Lite
4 IOther �Regular 9
w
't �Less than 21
2 �2'I-30
3�31 or oider
10. How many peopte were standing in line
behirtd you at th�e tirr�e were at ihe
cash regisYer? ,�� j�( ��
'����
12. What was the rtoise teve7?
;��s
i9
4. tf yes, gender af gersan at door.
i � YES
22�No ��Male 2� Femaie .�
5. yes, were you: (`heck an that ePPN)
IFNO,
SK1P TO � n Admitted with no question
XS
421'!
9_ How c:owded was ii? s
Seating No 52�ting/ (� No seating! j�
avaiiable 4I few s�ndirzaZi � many s2andirtg3r' �
sz
5455
Nortnal � Raised , �
ranversation � voices Z! I Shouting 31 � �
11. �Pu atte[rtpt outcome: (check a/l that apply)
1�Purr,hased with no questions
9�Purchased aHer s�ting age
3�Purchased after state date of birth
Purchased after s�ting ID not on me
5 +PurGhased afrer expiainirtg ID in car
&�No purchase _
after siating age
Purchased after sYate date of biRh
Admiited after stating tD not on me
Admitted aBer expiaining ID in car
Not adm¢ted STOP HERE
��
'13. !f n ;;; o --- ���purchase attempted, explain below: (chectr one)
dt � C�osed, wt of business 081 � Unsate (explainj
=, 6id�
02 �� Ciosetl, seasonal houn " 091 4 Buyer macpropnate!y dressed
�
a31 I Gesed, limded hour5 70 �� Out af be_r
�
Od � Closed temperaniy (reparts, remode!. _IC-) » �� Did not have !vne to cmpie±e
QS i i Ctoszo to P�btic. Orniate party �2 � Oodt (or no longer) se11 alcohot
06 i I Pmate dub, pu6lic not admrtted �� I I Reservations rief-.essary
071 I Unable ro lo�te J � Other (spea(y) I I I
L! �t—�
���l�v'C. o� - i �► �2S �
Law Entarcemen# Buy Regort Form
EPVCMDA004Ver i ii58(ioi+)
�� OFFICE THE CITY ATTORNEY � f ��
� Clrsy[on M�ixson, Ja, CiryAttorney 6
CITY OF SAINT PAUL Civil Division
lem¢n. Mayor 400 Ciry Hall
IS West Kellogg Blwl.
Saint Paul, Minrsesota SSIO2
��.
September 6, 20Q0
NOTICE OF VIOLATION
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, Minnesota 55117
Telephone: 651 26b-8710
Fncsimrle: 651298-56l9
RE: Ali licenses held by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the premises at 756
Jackson Street in Saint Paul
License ID #: 0016196
Dear Ms. Braid:
The Office of License, Inspections and Bnvironmental Protection has recommended
adverse action against the licenses heid by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the
premises at 756 Jackson Street in Saia�t Paul. The basis for the recommendation is as follows:
On July 20, 2000, an alcobol compliance check was performed
at the Beaver Lounge, located at 756 Jackson Street in Saint
Paul. An 18-year old female entered the Beaver Lounge and
ordered a Miller Genuine DraR beer from the bartender. The
bartender served the young woman withont asking for any
proof of age. It is a violation of Minn. Stat. §340A.503 to sell
alcohol to a person under the age of 21.
Since this is considered a second violation, the licensing office will recommend a
$1,000.00 fine, pursuant to St. Paul Legislative Code §409.26.
At this time you have three options on how to proceed:
1. If you do not dispute the above facts and do not wish to have a public hearing, you will
need to pay the recommended fine for this violation. If this is your choice, you should
make payment directly to the Office of License, Inspections and Environmental
�� �
n e t� e hcenses e
�eaver Lounge, Inc. d/b/a Beaver Lounge _
City's Exh. Na 2
Page 2 � � D�' 3�
Ms. Grace Braid
September 6, 2000
Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul,
Minuesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the
fine will be considered to be a waiver of the hearing to which you are entitled.
2. Alternatively, if you do not dispute the above facts, but wish to have a public hearing
before the Saint Paul City Council, you will need to send me a letter with a statement
admittin� the violation and requesting a hearing by Monday, September 18, 200Q. The
matter wi11 then be scheduled before the City Council for a public hearing to determine
what penalty, if any, to impose. You will have an opportunity to appear before the
Council and make a statement on your osvr: behalf as to the penalty to be imposed.
3. If you do dispute the above facts, a hearing will be scheduled before an Administrative
Law Judge. At that hearing both you and the City will be able to appear and present
witnesses, evidence, and cross-examine the other's witnesses. The St. Paul City Council
will ultimately decide the case. Please let me know in writing no later than Monday,
September 18, 2000, how you wish to proceed.
If you have not contacted me by Monday, SepYember 18, 2000, I will assume that
you are not contesting the facts and will schedule this matter for the St. Paul City Councii
and have it placed on the Consent Agenda during which no public discussion is allowed
and the recommended penalty will �e imposed,
If you haue any questions, feel free to contact me at 266-8710.
Sincerely,
� �
��/�.c.c�L/`, CeJ�••�?�
Virginia D. Palmer
Assistant City Attorney
cc: Robert Kessler, Director of LIEP
Clu�istine Rozek, Deputy Director of LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117
s
STATE OF MII3Y3ESOTA )
) ss.
COUNTY OF RAMSEY
�
o� ��'
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CL,EMENTS, being first duly sworn, deposes and says
that on September 6, 2000, she served the attached NOTICE OF
VIOLATION upon the following named person placing a true and
correct copy thereof in an envelope addressed as follows:
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
St. Paul, MN. 55117
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the Uni S tes mails at St. Paul,
Minnesota. � /1 f") . ,
Subscribed and
this 6th d o
� �
Notary P
to before me
�Yse�r , 2 0 0 0 .
PETER P. PANGBORN
EXPIRES JAN. 31, 2006
. - �� s . p % - ,�'�- ,�i
�� Saint Paui PoficE De artment ���_ � Aage B�-3�
.. ..._ ... ORIGINAL OFFENSE / iNCfDENT REPORT fJ�,�,�
ComFVaintAlum6er Reference C.N. Primary oAense Dafe and 7vne otRepod
OU- INFORMATION REROftT 09/08/2040 01:30
Pdmary Reporting othcer. �pHN G CdRCORAN Cxetioa otinddent: 756 JACKSON ST N
Primary otFepse detad.�
Pnmary squad: 240
Secondary reporting olAcer:
Dish,ct. CEtJTRAL ( CENTRAL DISTRICT )
Secoetlary oXartsa:
Name oflacatiuN6usrness: p3EVERS BAR
Date & time ot oceurence: 091d8C2000 44:58
Anest mede?
Date 8 time at aruesh
POLlCE PERSONNEL INVOLVED `
Anest matle on view: Pursnit engaged.
Anestmade on wanent o�previous CN�
Weapons used 6y police:
Weapans used by suspect at time of afrest:
Reslslance encounfered.
CHARGES (NONE}
NAMES
SUSPECT ANDEf2SON, KAREN JEAN
1076 VtRGINA ST STPAUL MN 55107
Physka! Oescrlp8an Phones
Sex FEMALE ttaigM Ha�r c�or 1 � _ Home phone 651-489-645�
aece WHITE weiger rtarrrype Workphone 851-222-6011
Hispanic
ooe �yiov7s5s
Age qq
BW7d
Skin PALE
Hair Lertgth
Faciat Hair
Physlcaf Condttton Empinyment
CansGnusneu Occopetion
Drug/akoho! use
Employar
WtTNFSS JOIiNSON, RONALD MICHAEL
588 CASE ST STPAUL MN 55106
pnysnaraas�r�prio„ � rno�a4
sax MALE Ha;snt Nair color Home phone 551-489-7835
Race WHITE wergnt
H'rspenrc 8m7d
Do812/61/t964 skin
Age 39
Hair Type
NalKength
feciaf Heir
Work phana 651-222-6011
—Beaver Lo u n e g ehInc e d1b 1 a Bea Lounge _._,
C:ity's Exh. No. 3
,,,
��
Saint Paul Police Department Page , or,
PUBLIC OFFENSE f iNC1DENT REPORT �� , 3�
Complaint Numbe� Reference C.N. Pnmary Offense Date and Time ofReport
OQ-489453 INFORMATION REPORT 09108/2000 01:30
t�nmary Reportng ofhcar. �ONN G CORCORAN
Pnmary squad.' 240
Secondary �eporting oMreY.
oist�ice CENTRAL ( CENTRAL DtSTRICT }
Secortdary oHense:
txethn otFnddent 7� �qCKSON ST N
Name oftocation/buslness BEVERS BAR
oate & dme of occurence: OSI�Bl2000 00:58
Anast mads?
Date 8 tlme oterrest
POLICE PERSONNEL INVOLVED
Anest made on New: Pursuif engageei.• �
Arresf made oo warrant orprevfoas CN:
Weapons used poN'ce:
Weapons used suspect af time of arresk
Resistance ancovrtfered:
CHARGE5 {NONE)
NAMES t�oNE)
.,,
:�-�
t�.., . .: �.:-
4. __i'- �°�__ ..
ComplainE Numbar
oa-�e�os3
Saint Pau4 Police Department Peee z
ORIGINAL OFFENSE / tNCIDENT REPORT Dl-3�
Reterence C.N. Pdmary oT/ense Date and Time ofReporf
lNFORMA�ION REPORT
09/08/2000 01:30
Phystca! Conditlon fmployment
Coesaa�sness bcsupetron
Orug/alcohd use Employe�
CRIME SCENE DESCRlPTORS
Crtme Scene Me7hod & PointofEntry
Trae OFFICFJCOMMERCIAL
��nWroR BAR/NiGHTCLllBlfAVERN
Face used
PoinE of entry
Method
PROPERTY (NdNE)
VEHICLE INFOR (NONE)
NARRATIVE
WHILE ON TdtJR, I SQD #240 (CORCORAN) WAS STOPPEQ AT THE STOP SIGN JACKSON
AND ACKER ST. WH{LE STOPPED AT THE STOF S1GN, I HEARD WHAT SOUNDED LIKE
FIREWORKS BEING SET OFF INSIDE BEAVERS BAR (756 JACKSON). I PUT MYSELF OUT
ON AN WVESTlGATE AT BEAVERS BAR TO SEE IF 1T WAS W FACT �I!�EWORKS.
AS I WAS WALKING UP TO THE DOOR, A W/F WHO WAS LATER ID'D AS, ANDERSON,
KAREN JEAN W/F, DOB: 11J01l1859 OPENED THE FRONT DOOR, MADE DIRECT EYE
CONTACT WITH ME AND SAID, "OH SHIT". BEFORE t COULD ASK ANUERSON {F
EVERYTHING WAS OK, SHE WENT BACK INS(DE THE BAR. I THEN TF:IED TO GE7 INSIDE
THE BAR BUT TIiE DOOR WAS LOCKED. 1 COULD SEE ANDERSON DIRECTLY ON THE
OTHER SEQE OF THE DOOR THROtJGH THE GLASS WINDOW. ANDEFtSON RND I WERE
FACE TO FACE, WfTH ONLY THE GLASS WINDOW SEPARATING US. I COULD ALSO SEE A
NItMBER OF PEOPLE INSIDE THE BAR, MANY OF THEM HAD DRINKS IN THEIR HANDS
AND WERE WATCHING WHAT WAS GOENG ON NAT THE DOOR. i TOLO ANDERSON TQ
OPEN THE DOOR. SHE THEN TURNED AROUND AND RAN TOWARD THE BACK OF THE
BAR. ! THEN POUNDED ON THE DOOR VERY HARD WITH NO ANSWER. NO ONE IN THE
BAR CAME TO THE DOOR WHILE I PQUNDED ON fT, THEY JUST SAT ON THEIR STOOLS
AND WATCHED ME. I STILL GOULD NOT SEE ANDERSON AT THIS TIti1E. I ESTiMATED
THAT I POUNDED OI3 THE DOOR FOR AT LEAST THREE MINUTES. JIiST THEN
ANDERSON CAME BACK AND OPENED THE DOOR. AT THIS TIME I GF2AB$ED HER AND
PUT HER iN THE REAR OF MY CAR, BECAUSE AT THIS POINT I WAS .S�TIlt NOT 100 %
SURE THAT THE N41SE I HEARD WAS FIREWORKS.
I THEN WENT INSIDE THE BAR AND COULD SMELL THE SMELL OF FlF;EWORKS. I THEN
TALKED TQ THE BARTENDER, JOIiNSON, RONALD MiCHAEL W/M, DOB: 12l01/1960.
JOHNSON TOLD ME THAT SOMEONE HAD THRdWN FIREWORKS tNSIDE THE BAR. I
THEN ASKED JOHNSON WHO LOCKED THE DOQR, HE SAID, " KAREN". I ASKED
JaHNSON WHO ANDERSON iNAS AND HE SAID, "SHE IS A BARTENDE.R H�RE."
I THEN LET ANDERSON OUT OF MY CAR AND SHE SAID, "WHY Dld YGU PUT ME 1N THE
CAR?" ! TQLD HER THAT SHE COULD NOT LQCK THE P4LICE OUT OF THE BAR. SkE
THEN SAlD, "7HE BAR WAS LEGALLY OPEN , AND I CAN LQCK THE DC70R AfVYTIME I
WANT TO ANQ LET WHO I WANT iN."
�
;, , .
.. Y �
�
Sain# Paul Poiice Department Paga 3
ORIGINAL OFFENSE / INCIDENT REPORT p!- 3
CompfaintNUmber Reference C.N. Prtmary offense Date and Time o/Report
00-181053 1NFORMATION REPORT 09/08/2000 01:3Q
PLEASE SEND A COPY OF THiS REPQRT TO CI'N LICENSiNG.
.
Please distribute to: LICENSING
_CHF _„Hom �Roh _Jnv ` Oper _PSC ^ Lab ,Rec _Team
_Sex J D/C _aurg _Theft _Prop _CAU _F&F _Auto ^ DAO
�CO _ftptr _v2� _Nazco _SIU _T&A _Other
� - -''� � OFFI� THE CITY ATTORNEY
— Claylon obinson, ✓r., Ciry Attoraey � / �
�
CITY OF SA1NT PAUL
Narne Calem¢a, Mayor
Civil Division
400 Ciry Hall
IS WestKelloggBlvd.
Saint Paul, Minnesot¢ 55702
Telephorse: 651166-87I0
Facsimile: 657198-5619
September 26, 2000
NOTICE OF VIOLATTON
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, MN 55117
RE: All licenses held by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the premises at 756
Jackson Street in Saint Paul
License II7 #: 0016196
Dear Ms. Braid:
The Office of License, Inspections and Environmental Protection has recommended
adverse action against the licenses held by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the
premises at 756 Jackson Street in Saint Paul. The basis for the recommendation is as follows:
On September 8, 2000, a Saint Paul Police Officer was on
patrol in the area of Jackson and Acker and heard what
sounded like fireworlcs being set off inside the Beaver Lounge,
located at 756 Jackson Street in Saint Paul. The officer walked
up to the door to investigate and a woman, later identified as
Karen Jean Anderson opened the front door, made eye contact
with him, stated "Oh, shit!" and then went back inside the bar.
The officer attempted to enter, but the door was locked. The
officer saw Anderson watching through a glass window, and
told her to open the door. She then ran toward the back of the
bar. The officer pounded on the door for at least three minutes
before Anderson returned to open the door. In the meantime,
a number of people sat in the bar watching but no one opened
the door. The officer asked the bartender, Ronald Johnson,
who the woman was, and he identified her as a bartender at
the establishment. Anderson later told the officer that the bar
was legally open and she could "lock the door anytime I want
to and let who I want in."
In Re the licenses held by !
Beaver Lounge, Inc. dlbla Beaver Lounge _
City's Exh. No. 4
�_�_ _
Page 2
Grace Sraid
September 26, 2000
�
�
The failure to allow entry to the premises to a St Paul police officer is a
violation pursuant to Saint Paul Legislafive Code §409.26(b)(�.
�l-3�
If you do not dispute the above facts please send me a letter with a statement to that
effect. The matter will then be scheduled for a hearing before the St. Paul City Council to
determine what penalty, if any, to impose. You will have an opporhxnity to appear and speak on
your own behalf, or to have someone appear there for you. Since you have had previous adverse
action taken against your licenses, which include a five-day suspension for failure to allow
entrance to police officers in April, 1999, a sale of alcohol to an underage person in March of
2000, and a pending adverse action for sale of alcohol to an underage person from July of 2000,
the recommendation for a penalty by the Office of LIEP will be for a forty-five day suspension of
your licenses. The Saint Paul Legislative Code does permit you to have both the pending sale of
alcohol to an underage person and your new adverse action heard together for the purposes of
determining and imposing a penalty, if you choose to do so.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please
send me a letter stating that you are contesting the facts. You will then be sent a"Notice of
Hearing," so you will know when and where to appear, and what the basis for the hearing wiil be.
In either case, please let me know in writing no later than Friday, October 6, 2000,
how you would like to proceed. If I have not heard from you by that date, I will assume
that you are not contesting the facts. The matter wili then be scheduled for the hearing
before the St. Paul City Council.
If you have any questions, feel free to call me or have your attorney call me at 266=8710.
Sincerely,
✓ "�� /�
����✓uta.�J �X�-ti
Virginia D. Palmer
Assistant City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117
,. �f -
�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY
�
ot-3 �
AFFIDAVIT OF SFRVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on September 27, 2000, she served the attached NOTICE OF
VIOLATION upon the following named person placing a true and
correct copy thereof in an envelope addressed as follows:
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
St. Paul, MN. 55117
(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.
Subscribed and sworn to before me
this 27th da�-o.,f Sep�mbe�„ 2Q00.
Notary
P 1'AFd�60RN
....
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•
CITY OF SAINT PAUL
, Norns Coleman, Mtryor
October 16, 2000
OFFIC� THE CITY ATTORNEY ��� ��
Clayton binson, Jn, Ci Aliorn
Civil Division
400 City Hall Telephome: 651266-8110
lSWestKelloggBlvd. Facsimile:651298-56I9
Sain! Pau1, .Ninnuot¢ 55102
NOTICE OF HEARING
Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, Minnesota 55117 `
RE: All licenses held by Beaver Lounge, Inc. dlbla Beaver Lounge for the premises located at
756 Jackson Street in St. Paul
License ID No.:0016196
Aear Ms. Braid:
Please take notice that a hearing wi11 be held at the following time, date and place concerning a11
licenses for the premises identified above:
Date: Wednesday, November 1, 2000
Time: 9:30 a.m.
Place: Room 41
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing wili be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrarive Hearings:
Name: Beverly Jones Heydinger
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 612-341-7606
� In e the licenses held by
—.Beaver Lounge, Inc. d!b/a Beaver Lounge �
City's Exh. No. 6
-� � al-3�
The Council of the City o�nt Paul has the authority to provide fo�earings concerning licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.05
and 310.06, of the Saint Paui Legislative Code. In the case of licenses for intoxicating and non-
intoxicating liquor, authority is aiso conveyed by Minnesota Statutes secrion 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 foliows:
On July 20, 2000, an aicohol compliance check was performed at the Beaver
Lounge, located at 756 3ackson Street in Saint Paul. An 18-year old female
entered the Beaver Lounge and ordered a Miller Genuine Draft beer from the
bartender. The bartender served the young woman without asking for any
proof of age. It is a violation of Minn. Stat. §340A.503 to sell alcohol to a person,
under tbe age of 21.
On September 8, 2000, a Saint Paul Police Officer was on patrol in the area of
Jackson and Acker and heard what sounded like fireworks being set off inside
the Beaver Lounge, located at 756 Jackson Street in Saint Paul. The officer
walked up to the door to investigate and a woman, later identified as Karen
Jean Anderson opened the front door, made eye contact with him, stated "Oh,
shit!" and then went back inside the bar. The officer attempted to enter, but the
door was locked. The officer saw Anderson watching through a glass window,
and told her to open the door. She then ran toward the back of the bar. The
officer pounded on the door for at least three minutes before Anderson returned
to open the door. In the meantime, a number of peopie sat in the bar watching
but no one opened the door. The officer asked the bartender, Ronald Johnson,
who the woman was, and he identified her as a bartender at the establishment.
Anderson later told the officer that the bar was legally open and she could
"lock the door anytime I want to and let who I want in." The failure to allow
entry to the premises to a St. Paul police officer is a violation pursuant to Saint
Paul Legislative Code §409.26(b)(7).
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
Notice of Hearing - Page 2
• • 0�-3�
present, each ofwhom the City's attorney may cross-examine. T'he Administrative Law Judge may
in addition hear relevant and material testimony from persons not presented as witnesses by either
party who have a substanrial interest in the outcome of the proceeding; for exampie, the owners or
occupants of property located in close proxunity 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 confornuty with Minnesota Rules, part 1400.7000.
If you think that this matter can be resolved or settled without a formal hearing, please contact ar
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 7udge for incozporation 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 tius 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.
If you haue any questions, you can call me at 266-8710.
Very truly yours,
�� � ���
�
Virginia D. Palmer
Assistant City Attorney
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117
Notice of Hearing - Page 3
s
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
•
AFFIDAVIT OF SERVICE BY MAIL
��-3s'
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on October 17, 2000, she served the attached NOTICE OF HEARING
on the following named person by placing a true and correct copy
thereof in an envelope addressed as follows:
Grace Braid
Beaver Lounge
756 Jackson Street
St. Paul, MN. 55117
(which is the last known address of said
same, with postage prepaid, in the Uyr�
Minnesota. �
Subscribed and sworn to before me
this 17th daw��of Octob�� 2000.
n) and depositing the
es mails at�t-
�--�� � p�;�R P PANGBORN
-Q�� - t�TARvGU01JC-MINNESOTA
Notary Publi uv:AMMissw�
�XPIFYESJAN.31,2005
License �ro�p Comments Text
Licensee: BEAVER LOUNGE INC
�BA. BEAVERLOUNGE
License #: 0016196
0712812000
a�-3�
07/28/2000 To CAO fw adverse action. CAR
07/20/2000 Failed U of M alcohol compliance chedc conducted by SPPD Polyak. CN 00-141-250. Third failure (first is waming) $1000 mairix fine. Penalty
could be inaeased fo� managemenYs tailure to help police keep order dunng the check (nfo in potice report supplemement).CAR
O6/23/Z000 License fees paid in full. CAR
06/22/2000 Letter from CAO for falure to pay license fees. Given to 07103/2000 to respond. CAR
O6/19/2000 Faiied to pay first half fees due 4l30l20�0. To CAO for adverse action. Topl due with penalties is 53769.00CAR
O6/12/2000 5500 fine paid. CAR ,
06/05/2009 Letter from CAO giving Grace Braitl to 06112I2000 to pay fine. CAR '
04/17/2000 No6ce of Volation from CAO for sale of alcohot to an underage. $500 fine due by 64l27/2000. CAR
4/�4/2000 To CAO for adverse action.CAR
03l29l2000 Failed UM alctwhol compliance check conduded by SPPD RamsfadlReilly. Second fatlure. $500 maUix fine recommended. CAR
1?l22/�99g pd 57,166; final payment CAM
521'14N999 pd SSOO.00; fast payment due 12/17. CAM
12/07/�999 pd SS00.00: next payment due 12N0. CAM
12/O6/99 - Sent letter of stayed license suspension - LAB
11l30l1999 pd $500.00; ne# payment due 1713. CAM
11/24/99 CF99-1744 license suspended for failure to pay fees but suspension stayed because a new payment schedule has been arranged. Suspension
stayed as long as payments are made on Gme. CAR
11/� 9/1999 pd $500.00; next payment due 1 tl26 for $500.0�. CAM '
1 �/16/1999 Letter from CAO indicating that licensee has artanged a new payment plan, but recommends fhat wuncil grant immediate suspension of the
license if payment plan is not foifowed. CounaV hearing set for 11124/1999. CAR
t �/10/1999 Grace rame in today and pd $3,200. New payment plan: $500 due 11/19; $500 due 17/26; $500 due 12l3; $50� due 12/10; $�,'166 due �2lt7.
Invoices sent to Grace as weil as an affidavit for signaWre to agree to the pian. CAM
t 1l�5l99 1 pifed Grace Braid and advised her that we needed to set up a payment plan or counciV woutd be forced to Gase her estabiishment for faiiure to
pay fees. Ms. Braid indiqted that she wouid come in to LIEP on the moming of 11/8/99 to make artangements for payment. CAR
� 5/4199 passed second alcohoi compliance check-DL
11/4l99 No payments made. NoGce of Council Hearing from CAO for failure to pay fees. Hearing scheduled for 1'1/24/99.CAR
10/20l99 Notice of �oiatlon from CAO for failure to pay fees. Given W 10/29/99 to respond. CAR
9l26199 completed required alwtrol awareness 4aining-DL
09/23/1999 Letter sent to applicant as reminder of amount due $4,056 by 10/1. OK per BWCAM
09/08/1999 Payment plan $1,100.00 check paid. Totai due by 9/30 $4,056.00, CAM
8/� 9/99 second waming le8er sent for not completiag required alcohol awareness trianing-will be forv+arded to CAO for adverse action if they do not
contact LIEP within one week-DL
08/12/99 passed dg compfiance check, 09f09f99 ietter sent SS
7/21/99 Payment plan: $1,000.00 due &1 (paid 8/3J: $3,056.00 due 9/1 to pay for NSF.; 98-99 Znd half $2,t�0.o0 due 9l30; 99-2000 2nd half $2,t00.00
due 10/30.
7!8/99 Notice of Violation sent by CAO fw paying license fees with a bad check. CAR
05/21N999 NSF check #22979 recd for $3,708.00.ES
SI6/99 - Kris hand detivered suspension letter- LAB
4/28/99 CF99-378 approving a 5 day closure (5/19/99-5/23/99) for failure to aliow entraace to police officers. C0.R
4/7/99 Scheduled for coundl 4/28 (refusal of enVy). CAM
3!2/99 Notice of violation from CAO. Report that police were not allowed to enter the bar to investigate a robbery. Response deadline of March 12, 1999.
CAR
2l18/99 Failed alcohoi compliance check;'unofficial' waming•training due 7/29/99-DL
7/29/98 Congratuiations letter senL PJ W
7/13/98 Passed cigarette compliance check. PJW
6/26l97 - Paid $200.60 Cigarette Fine - Lab
6/5/97 - Sent Cig. Fine Letter (Due 6/'27/97) - Lab
5/28/97 C.F. #97-652 App'D imposing $200 Fine For Sale Of Cigs To A Minor
'12l12/96 Per Denny 82emer � Mlba - Do Not lntend To PaNcipate In Alcohof Awareness In 1997
1996-7°/, Disc On Liq FeeAp plied To 2nd 1/2-Lap-Lic
4/9/96 Cig Code Added Fr/ld# 59649-1ap-Lic
1995-7°/a Disc On Liq Fee Applied 70 2ntl 1/2-Lap-Lic
5/26/94- Restrictions Have Been Complied Wifh Per Inspection By Kris Van Hom
9/7J93 Liquor Sale To Minor: Waming
022592 C.F. 92-168 Adopted By City Councii SuspendEd On Saie Liquor, Sunday, Rest & Gmbl. Loc Lic FOr 3 Consecutive Days (3/23 - 3/25J Due To
Sale Of Alcoholic Beverages To A Minor.
020492 QF. 92-� 68 Suspeading Q� Sale Liquor, SundAy, Rest. 8 Gambling location License - Layed Over To 022592
121791 City Attomey Mnounced 123091 As Public HeAring Dats Before M Adminis7ative Law Judge PertAining To Adverse Action Against Licenses.
090591 Ph On Appn For Renewal Of Liquor On Safe-C, Sunday On Sale, Restaurant-B 8 Gambling Location-C License App'D C.F. 97-7653 With
Restrictions.
9/12/89 Ph On Appn For New Of Class A Gambling Location License App'D C.F. 89-1631
58 Seats SS-87
10932
� �
In Re the licenses held by
—Beaver Lounge, Inc. dlbla Beaver Lounge —
City's Exh. No. 7
1 A���[.\I .v�lll..:l ..1��..�r...•
�, c H
Earaest Money Contract
This Earnest Money Contraet is made and entered into on:
Oct 12, 2000
BE TT KNOWN, the undersigned:
James Mc Murray, Laurie Mc Murray
hereinafter referred to as Buyer, whose address is
594 Como Avc. S� PauL N1N 55103
offers to purchase from:
Thomas Braid, Grace Braid
hereinafter referred to as Seller, whose address is
3560 Emerald Drive White Bear Lake MN 55110
�'nvr. i ui
D� -3�
�x �
the following real estate known as
7 North Jackson & 87 East Acker, Plus 4 Vacant Lots. City: St. Paul, Minnesota, County:
E State: Minnesota, Zipcode: 55117
more parUiculariy described as:
Beavers Lounge 756 North Jackson(Drake's 2nd Addirion EX E 43Ft Lot 16 BLK 2),Pazking On
Acker(Drakes 2ND Addition Lot 17, Lot 18, Lot 19, BLK 2), House At 87 East Acker(Drakes 2ND
Addition Lot 20 BLK 2), Vacant Lot On Jackson(Drake's 2nd Addition Lot 14 BLK 2).
The purchase price is
Earnest Deposit paid herewith
Additional LTpon signin� sales agreement
Balance at closing
Assume Loan(s) in the Amommt of
Sellery Cazryback Loan(s) in the Amount of
� e�r - �yp�I�ea�(s),jn the Amoupt of
e-��Cv'a..G�".�Or ��s�
$ ' ,�� c.� �J��"'�
$500
$s,oao
$24,500 �/Vl � �
$ , ���vt..��"'
$ � Q�'A ��'�` ��
Buyer has deposited with Seller the Earnest Deposit in the amount of $500 sirnultaneousiy with the
delivery of this Agreement. Said Deposit has been confirmed by Seller �vith the execution of a
receipt delivered to Buyer, also simultanaously herewith.
The parties expressly agree that the failure of any party to comply with the terms and cnnditions of
this Agreement will constitute a material breach of the Agreement, rendering the Agreement subject
to cancellation.
If the transaction contemplated hereby fails due to conditions beyond control of Buyer or Seller,
such as a defect in tifle, a taking pursuant to eminent domain,destruction of the property caused by
fire,flood or other natural disaster, these shall cause immediate release of all parties from any further
liability or obligation hereunder.The total Earnest Deposit shall be retumed to Buyer.
Ct?P11rt"
The parties expressly agree that in the event, Buyer shall default in the performauce of flus
Agreement, Seller may, retain the Earnest Deposit as liquidated damages and both parties shall be
��a��.n.� �v,ni,r�, ..n�.,r,..:, Naoe 7 nt i
immesiiately released from ali obligations under this agreement.
The parties expressly agree that in the event Seller shall default in the performance of this �!��
Agreement, the Eamest Deposit shall be returued to Buyer, without prejudice, and both parties shall
be immediately released from all obligations under this agreement.
Said property is to be sold free and clear of all encumbrances, by good and mazketable tifle, with full
possession of said property available to Buyer.
The parties agree to execute a standard purchase and sales agreement on the tertns and conditions
contained in this agreement withinl5 days of signing this agreement.
The parties agree that the closing sha11 be on or before 45 days of signing this agreement
Buyer and Seller agree that this Agreement must be executed within: 2 days from date hereof.
Buyer to assume Taxes on properties up to but not exceeding $15,000. This being agreed upon by
both parties in consideration of the acceptance of $30,000 as e down payme t. The remainder to be
carried on a contract for deed by the seller in the amount of � r�months
,�:n'": at�,Q% Interest. Seller agrees to finance sale of inventory to Buyer at $20 per week unrii paid at
�'�� 0% interest.
In the event that any provisions of this Agreement shall be held to be invalid, the same shall not
affect, in any respect whatsoever, the validity of the remained of this Agreement.
ACCEPTANCE
The undersigned Seller accepts the foregoing offer
Dated /V ' �� ` � Time ! ��/� `"
OWNER !
Address
�
Phone_��? ���o��
��_
Address _ � �.,.vt
� nv�: � �1� .
Fram: ` Tom <tom(i�fishnet.com>
To: In House Misc. <tom@fishnet.com>
Date: Wednesday, October 11, 2000 4:41 AM
Subject; Loan Amourits And Payments 23�-30-8-7.5
Number of payments: 108
Financial Detaifs:
Interest compounding: Monthly
interest rate: 8.000%
Loan amount: $200,000.00
Payment amount $2,600.00
Total payments: $281,389.30
Totai finance charge: $81,389.30
� Number of payments: 157
Finaneial Details:
Interest compounding: Monthly y� �
Interest rate: 8.000% � ��/��
Loan amount: $200,000.00 � �l
Payment amount: $2,100.00
Total payments: $318,456.14
Totai finance charge: $118,456.14
Number of payments: 269
Financial Details:
Interest compounding: Monthly
Interest rate: 8.000%
Loan amount $200,OOQ.00
Paymentamount: $1,600.00
Total payments: $431,448.30
Totaf finance charge: $231,448.30
Number of payments: 105
Financial Details:
Interest compounding: Monthly
Interest rate: 7.500°/a
Loan amount: $200,000.00
Payment amount: $2,600.00
Tatai payments: $273,498.50
Total finance charge: $73,498.50
Number of payments: 145
Financiai Details:
Interest compounding: Monthly
tnterest rate: 7.500°!0
Loan amount $200,000.00
Payment amount: $2,100.00
p�-3�
Dl-3�
DATE OF REQUEST: 10/6/00
CONTACT PERSON Peter Pangborn
St. Paul City Attorney
TELEPHONE NUMBER: 651-266-8776
AGENCY: City of St. Paul
TITLE OF CASE: City of St. Paul vs Beaver Lounge
PREFERRED DATES AND 11/1, 11/2, 11/3
TIME: 9:30
LENGTH OF HEARING: 1 day
LOCATION: St. Paul City Hall/Ramsey Co. Courthouse
Room 41
ISSUE: 1) Refusal to allow police to enter; 2) alcohol sale to
underage person
ATTORIVEYS: Virginia Palmer 266-8719
Pro Se
MEDIA ATTEN710N: No
SPECIAL NEEDS: No
JUDGE Beverly
DATE 11/1
TIME 9:30
�7� � / � / �� y f �
"` y ` <. ''�"f �,�t'.G.�'� C+�� w��� ,fs'�✓'� ��`°�'� 14,�. �.
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CE.� �. � -�e. � �,�- �a�e G�� �'�l�
'� ������ ��_��
,' ��- �6�f ��.���r�s ���•���
��1z -� 1 �° �� ��.��v�.
�
pl-3�
�� y OFFICS OF THE CITYATTORNEY �/`
C!¢yton M. Robuccorz, Jr., Ciry Attoraey 7c� t�, ��(
(/ � FJ
CITY OF SAINT PAUL
R E C E t V E D Civi1 Division
Norm Coleman, Mayar u A 0 Ciry Ha71 Telephane: 612 2668710
Q� ��j �� Ai�' 7' �WestKelloggBlvd. Facsimile: 6I2298-5619
S¢ini Pav1, Minnesota 55102
�
October 16, 2000
VIA FAX AND U.S. MAIL
Judge Beverly Jones Heydinger
c!o Louise Cooper
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, Minnesota 55401-2138
RE: November 1, 2000 Admnustrative Hearing - Beaver Lounge
Our Files: G00-0257 and G00-0279
Dear Judge Heydinger:
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 Wednesday, November 1, 2000. This request is made on behalf of Ms. Virginia Palmer, the
attorney assigned to this matter. The City of St. Paul licensing division will be calling these
witnesses to testify regarding the incidents which serve as the basis for the action against the
owner of the Beauer Lounge.
In order to ensure that these individuals will be in attendance to tesrify, the City of St. Paul
requests from the State Office of Administrative Hearings subpoenas for the following
individuals:
1.
3.
Sgt. Richard Wachal
St. P��:! P�l3c� �Jepurt� ent
100 East llth Street
Saint Paul, Minnesota 55101
Police Officer John Corcoran
St. Paul Police Department
100 East llt" Street
Saint Paul, Minnesota 55101
2.
5gt. Eugene Polyak
St Daul Pclice De�,art�neaaE
100 East il�' Street
Saint Paul, Minnesota 55101
The hearing is scheduled to start at 9:30 a.m. on Wednesday, November 1, 2000, ln Room 41, St.
Paul City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102.
��" i �
01-3�
If you need additional information or have any questions regarding this request, please do not
hesitate to ca11 me at 266-8776. Thank you for your consideration in this matter.
Sincer ,
�
�
eter P. Pa�
Legal Assi;
Page 2
STATE OF MINNESOTA ��
OFFICE OF ADMINISTRATIVE HEARINGS ��
100 Washington Square, Suite 7700
'100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
October 19, 2000
�rginia Palmer
Attorney at Law
c/o Peter P. Pangborn
City of Saint Paui
Office of the City Attorney
Civil Division
400 City Hall
15 West Kellogg Blvd.
Saint Paul, Minnesota 55102
RE: In the Matter of All Licenses held by Beaver Lounge,
Inc. d/b/a Beaver Lounge for the Premises Located at
756 Jackson Street in St. Paul, License ID No. 0016196;
OAH Docket No. 15-2111-13214-6
Dear Counsel:
Enclosed are three (3) subpoenas requested by your office in the above-
referenced matter and a copy of each.
Sincerely,
� " ,
,/
BEVERL JONES HE DINGER�
Administrative Law Judge
Telephone: 612l341-7606
BJH:aws
Encl.
Providing Impartial Hearings for Governmeni and Citizens
An Equal Opportunity Employer
Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665
b �-3�
���:.
�3' �.�o�
�c� '�'
� 3�
`;_yy . ° .-'�2�
9�
;�- -::�
STATE OF M.INNESOTA
OFFICE OF ADMINlSTRATIVE HEARINGS
HE.ARING SUBPOENA
TO: Sgt. Richard Wachal
St. Paul Police Department
100 East 11 `" Street
Saint Paul, Minnesota 55101
GREE7INGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Beverly Jones Heydinger of the Office
of Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 41, 15
West Keilogg Boulevard, Saint Paul, Minnesota, on the 1 day of November, 2000 at
9:30 o'clock in the forenoon, to appear as a witness in the matter of All Licenses Held
by Beaver Lounge, Inc. d/b/a Beaver Lounge for the Premises Located at 756 Jackson
Street in St. Paul, License ID No. 0016196, OAH Docket No. 1 5-2111-13214-6.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the
Honorabie Kenneth A. Nickolai, Chief Administrative Law Judge, at
Minneapoiis, Minnesota this 19th day of October, 2000.
L4l'.�. .
(�,,�, KENNETH A. NI KO I
vL
Chief Administrative L Judge
612/341-7600
Subpoena requested by: Virginia Palmer, 612/266-8710.
��:-
�� ���:..
� :�
--_�d - 3 �
_�. �
-s�-as�
STATE OF MINNESOTA
OFFICE OF ADMIlVISTRATIVE HEt�RINGS
HEARING SUBPOENA
TO: Sgt. Eugene Polyak
St. Paul Police Department
100 East 11�' Street
Saint Paul, Minnesota 55101
GREETINGS:
a �-3�
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Beverly Jones Heydinger of the O�ce
of Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 41, 15
West Kellogg Boulevard, Saint Paul, Minnesota, on the 1S` day of November, 2000 at
9:30 o'clock in the forenoon, to appear as a witness in the matter of AVI Licenses Held
by Beaver Lounge, Inc. dlb/a Beaver Lounge for the Premises Located at 756 Jackson
Street in St. Paui, License ID No. 0016196, OAH Docket No. 15-2111-13214-6.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the
Honorable Kenneth A. Nickolai, Chief Administrative Law Judge, at
Minneapolis, Minnesota this 19t day of October, 2000.
V��.
� KENNETH A. NIC I
Chief Administrativ L w Judge
612l341-7600
Subpoena requested by: Virginia Paimer, 612/266-8710.
D1�3�
��-
� ���
�6
£
`�..�.��
STATE OF MINNESOTA
OFFICE OF ADMII�]ISTRATIVE HEARINGS
HEARING SUBPOENA
TO: Police Officer John Corcoran
St. Paul Police Department
100 East 11'" Street
Saint Paul, Minnesota 55101
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Beverly Jones Heydinger of the Office
of Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 41, 15
West Kellogg Boulevard, Saint Paul, Minnesofa, on the 1St day of November, 2000 at
9:30 o'clock in the forenoon, to appear as a witness in the matter of Ali Licenses Held
by Beaver Lounge, Inc. d/bla Beaver Lounge for the Premises Located at 756 Jackson
Street in St. Paul, License ID No. 0016196, OAH Docket No. 15-2111-13214-6.
Pursuanf to fhe authority granted at Minn. Stat. § 14.51, Witness, the
Honorable Kenneth A. Nickolai, Chief Administrative Law Judge, at
Minneapolis, Minnesota this 19` day of October, 2000.
�
� f NETH A.
Chief Adminis
612/341-7600
Judge
Subpoena requested by: Virginia Palmer, 612/266-8710.
�/
OFFICE OF THE CITY ATTORNEY �� /��
Clayton M. Robinson, Jc, Ciry Attarney
CITY OF SAINT PAUL
= Norm Coleman, Mayor
Civil Division
400 City Hall
l5 West Kellogg Blvd.
Saint Paul, Minrsesota SSIO2
Telephone: 65/ 266-8710
Facsimile: 65! 298-5619
October 16, 2000 °�
� � �_
NOTICE OF HEARING =�- "'' �
— O
Grace Braid � v; w fn
Beaver Lounge � %� a <
756 Jackson Street �'n-�--�` 3 �
Saint Paul, Minnesota 55117 ��-,, `-� � "
N
c£ti
RE: All licenses held by Beaver Lounge, Ina d/b/a Beaver Lounge for the.premises located at
756 Jackson Street in St. Paul
License ID No.:0016196
Dear Ms. Braid:
Please take notice that a hearing wili be held at the following time, date and place conceming all
licenses for the premises identified above:
Date: Wednesday, November 1, 2000
Time: 9:30 a.m.
Place; Room 41
St. Paul City Halt
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name: Beverly Jones Heydinger
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 612-341-7606
� � �r
The Council of the City of Saint Paul has the authority to provide for hearings conceming 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-
intoxicatin� liquor, authority is also conveyed by Minnesota Statutes secrion 340A.415. Adyerse
action may include revocation, suspension, fines and other penalries 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 July 20, 2000, an alcohol compliance check was performed at the Beaver
Lounge, located at 756 Jackson Street in Saint Paul. An 18-year old female
entered the Beaver Lounge and ordered a Miller Genuine Draft beer from the
bartender. The bartender served the young woman without asking for any
proof of age. It is a violation of Minn, Stat. §340A.503 to sell alcohol to a person
under the age of 21.
On September 8, 2000, a Sainf Paul Police Officer was on patrol xn the area of
Jackson and Acker and heard what sounded like fireworks being set off inside
the Beaver Lounge, located at 756 Jackson Street in Saint Paul. The officer
walked up to the door to investigate and a woman, later identified as Karen
Jean Andersou opened the front door, made eye contact with him, stated "Oh,
shit!" and then went back inside the bar. The officer attempted to enter, but the
door was locked. The officer saw Anderson watching through a glass window,
and told her to open the door. She then ran toward the back of the bar. The
officer pounded on the door for at least Yhree minntes before Anderson returned
to open the door. In the meantime, a number of people sat in the bar watching
bat no one opened the door. The officer asked the bartender, Ronald Johnson,
who the woman was, and he identified her as a barteuder at the establishment.
Anderson later told the officer that the bar was legally open and she could
"lock the door anytime I want to and let who I want in." The failure to allow
entry to the premises to a St. Paul police officer is a violation pursuant to Saint
Paul Legislative Code §409.26(b)('n.
You have the right to be represented by an attomey 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 wiil 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 attomey may
cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to
Notice of Hearing - Page 2
� � Dl���
present, each ofwhom the City's attorney may cross-exainiue. The Administrative Law Judge may
in addition hear relevanf and materiai fesfimony from persons not presented as wimesses by either
party who have a substanrial interest in the outcome of the proceeding; for example, the owners or
occupants of propezry located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Concluding azgumettts may be made by the pazties.
Following the hearing, the Jud�e 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 ail documents, records and witnesses you will or may need fo
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.
If you think that this matter can be resolved or settled without a formal hearing, please contact or
have your attorney contact the undersigned. I£ a stipulation or ab eement can be reached as to the
facts, that stipulation will be presented to the Administrative Law 7udge for incorporation into his
or her recommendation for Council action. �"
Ifyou fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated eazlier 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.
If you have any questions, you can call me at 266-8710.
Very truly youts,
' a'`c. � (��t.e-�
�
Virginia D. Palmer
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Counci2 Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1062 Rice St., St. Paul, MN
55117
Notice of Hearing - Page 3
Council File # O l � �' �
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
Referred To
Green Sheet # ( p� Q � p
13
Comxnittee: Date
0
7
9
10
11
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15
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18
19
20
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38
WHEREAS, the City of Saint Paul, Office of License, Inspections and Environxnental
Protection (LIEP) initiated adverse action against the licenses held by Beauer Lounge, Inc., d/b/a
Beaver Lounge for the premises at 756 Jackson Street in Saint Paul, for selling alcohol to an
underage person in violation of Minn. Stat. §340A.503 arising from an incident that occurred on
July 20, 2000, and for failing to allow entry to the premises to a Saint Paul police officer in
violation of Saint Paul Legislative Code §409.26(b)(7) arising from an incident that occurred on
Sep'tember 8, 2000; and
WHEREAS, an administrative hearing was held before Adminish Law Judge
Beverly Jones Heydinger on November 1, 2000 at which time the Licensee did not dispute the
facts of the incidents, but wished to contest the appropriate penalty; and
WFIEREAS, the Administrative Law Judge issued her report on November 27, 2000
finding that there was a basis to impose adverse action against the licenses based upon the two
violations; and
WHEREAS, the Beaver Lounge has had two prior adverse license actions within the last
18 months, a five-day license suspension imposed on Apri128, 1999 for failure to allow the
police enhy to the premises and a$500 fine for a March 29, 2000 sale of alcohol to an underage
person, both of which are violarions listed in the penalty matrix in §409.26(b), making these a
third appearance before the council with multiple violations; and
WHEREAS, the LIEP Office has recommended imposition of a 45-day suspension
against the licenses, and a fine of $1,000, together with the costs of the hearing, in the amount of
$508.80; and
WIIEREAS, at the public hearing on December 20, 2000 the owners of the Beaver
Lounge stated that they intend to sell the business to a new owner, and that they will enter into a
management agreement with the new owners to manage the business while they apply far a
license in their own name; now, therefore be it
RESOLVED, that the Council of the City of Saint Paul, a$er due deliberation based upon
all of the evidence contained in the files, records and proceedings herein, including the
documents and eachibits introduced at the hearing before the Administrative Law Judge, and the
testnnony at the public hearing, does hereby order:
That the Findings of Fact, Conclusions of Law and Report of the Administrative
law 7udge in this matter be adopted as the findings of the Council in this matter,
1 and be incorporated herein by reference. � �_�
2
10
11
12
13
14
15
16
17
18
19
20
21
22
2. That the licenses issued to Beaver Lounge, Inc., dlbfa Beaver Lounge at 756
Jackson Street sha11 be suspended for a period of 45 days for the violations of sale
of alcohol to an underage person on July 20, 200Q and failing to allow entty to
the premises to a Saint Paul police officer on September 8, 2000. This suspension
shail be stayed for a period of 60 days from this date to allow the sale of the
business to take place, and the new owners to obtain a liquor license. At the end
of 60 days if the sale has not gone through or the new owners have been unable to
obtain a license, this matter shatl be returned to the council agenda for further
action.
3. That the Licensees shall pay a fine of $1,000, and shall pay the costs of the
hearing before the administrative law judge in the amount of $508.80.
A copy of this Resolution, as adopted, shall be sent by first class mail to the licensee and
to the Administrative Law 7udge.
Requested by Department o£:
BY� � `�_�_ �� _�i�.l�
Approved by Mayor: Date �,�( 2�j ZQ�!
&y:
By:
Form Approved by City Attorney
BY� �
Appzoved by ayor for Submission to Council
By:
Adopted by Council: Date �OO�
Adoption Certified by Counci Secretary
ot-sY
a���
Palmer , 266-&71Q
7anuary 17, 2001 - COnsent
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
No106010
� co,R.rEwrowa�ae � rnroaara �
❑ O11'Ai�OMlY Q a1VClfRK
❑ wwMwtaFltVtrsow. � wuweilllaikVlllCero
❑MY011pRAiWf111I1) ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Resolution memorializiug City Council acfion taken January 3, 2001, concenring adverse acrion against all
licenses held by Beaver Lounge, Inc. 756 Jackson Street.
PLANNING CAMMISSION
CIB COMMITTEE
CNiL SERVICE COMMISSION
Has thre P�soN(rm e+erwaked undw a caM'act farUus department?
YES NO
Hes thin DNeonlfirm ewr been a pH empbytt7
YE3 NO
DoeStMS percoNNm P� a sbll iwt nafmaWlO� bY �Y ��reM �Y �Wd1�
YES t�
b tltls Dr�rm a terGeteA vandorl '
VES NO
TRANSACTION
COfT/REVENUEBUDGETED(GRCLEONq YEY
ACTNITY Nil1�IBER
..,
�
OFFICE OF THE CITY ATTORIYEY
Claylon M. Robinsoq ✓r.� Ciry Attorney
���
CITY OF SAINT PAUL
Norm Colemars, Mayar
December 4, 2000
Civi1 Division
400 Ciry H¢R Telephone: 657 266-8770
IS West Xellogg Blvd. Facsimile: 651298-5679
Saint Puut, Minnesoi¢ Si102
NOTICE OF COUNCIL HEARING '
5�.4�z� �.. i�.�.,.. v� Nn�fx f
Mr. Tom Braid and Mrs. Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, Minnesota 55117
-< � , „ ��r��
;� � �. �t <�.
RE: A111icenses held by Beaver Lounge, Inc. d!b(a Beaver Lounge, for the premises at 756
7ackson Street in Saint Paul
License ID #: 0016196
Dear Mr. and Mrs. Braid:
Please take notice that a hearing on the report of the Administrative Law Judge concerning the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, December 20, 2000, 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 wiil
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, �
���� � ��
Virgima Palmer
Assistant City Attorney
cc: Mr. Tom Braid and Mrs. Grace Braid, 3560 Emerald Drive, White Bear Lave, MN 55110
Graham Butier, Graham Legal Services, 2499 Rice St., Roseville, MN 55113
Nancy Anderson, Assistant Council Secretary, 31� City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
✓
STATE OF MINNESOTA
OFFICE OF ADNIINTSTRATIVE HEARINGS
1�o Washington Square, Suite 1700
100 Washington Avenue South
Minneapoiis, Minnesota 55401-2138
November 27, 2000
a�-ZY
���FPy >
�ilOy ��'
�� 2 � 2 DD0
r � �C�Rk
Fred Owusu, City Clerk �`^�,��"; ."- <<>.r. �� -�
���
City of St. Paul
170 City Hail �,n�t� � � ��V�
15 West Keilogg Bivd.
Saint Paul, MN 55102
RE: In the Matter of the Licenses held by Beaver Lounge for
the premises located at 756 Jackson Street, Saint Paui,
Minnesota; OAH Docket No. 15-2111-13214-6
Dear City Clerk Owusu:
Encfosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conciusions and Recommendation in the above-
entitled matter. Also enclosed is the officiai record, with the exception of the tape
recording of the hearing. Copies of those tapes will be sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
BEV�ON�EYDINGE `�"7-
Administrative Law Judge
Tefephone: 6121341-7606
BJH:aws
Encl.
cc: Virginia D. Palmer
James Braid
Providing Impartial Hearings for Govemment and Citizens
An Equal Opportunity Employer
Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665
� � -��
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Debra S. Aws, being first duly sworn, hereby deposes and says that on
the 27�' day of November, 2000, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 15-2111-13214-6 by depositing in the United
States mai! at said City of Minneapolis, a true and correct copy thereof, proper{y
enveloped, with first class postage prepaid and addressed to the individuals
named herein.
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Bivd.
Saint Paul, MN 55102
Virginia D. Palmer
Assistant City Attomey
400 City Hail
15 West Kellogg Bivd.
Saint Paul, MN 55102
James Braid
3560 Emerald Drive
White Bear Lake, MN 55110
Subscribed and swom to before me
this .�7� day of November,
1
Ci (1t�� '%� f�
� � `-'�"
Debra S. Aws
2000.
tavoN aEC�w
NOfAflY PUBUC . MINHESOT�
My CpMMI5S10N EXPIAES
JANUARY 31, 2W6
o`-�K
15-2111-13214-6
STATE OF MINNESOTA
OFFICE OF ADMINtSTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
In the Matter of the Licenses held by FINDINGS OF FACT,
Beaver l.ounge CONCLUSIONS AND
for the premises {ocated at RECOMMENDATION
756 Jackson Street, Saint Pau1, Minnesota
This matter was heard by Administrative Law Judge Beverly Jones
Heydinger, commencing at 9:30 a.m., November 1, 2000, at the St. Pau{ City
Half, Room 41, 15 West Keilogg Boulevard, Saint Paul, Minnesota. The hearing
was held pursuant to Notice of Hearing dated October 16, 2000, signed by
Virginia D. Palmer, Assistant City Attorney, on behalf of the City of St. Paul. Ms.
Palmer, 400 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102,
appeared on behalf of the City. James Braid, 3560 Emerald Drive, Wh+te Bear
Lake, Minnesota 55110, appeared on behalf of Beaver Lounge, the Licensee.
The record closed on November 1, 2000, at the close ofi the hearing.
N0710E
This report is a recommendation, not a final decision. The St. Paul City
Councii wili make the finaf decision after a review of the record and may adopt,
reject or modify these Findings of Fact, Conclusions, and Recommendations.�
Pursuant to Minn. Stat. § 14.61 (2000), the City Council shall not make a final
decision until this Report has been made available to the parties for at least ten
days. The parties may fi4e exceptions to this Report and the City Council must
consider the exceptions in making a final decision. A copy of the City Council's
decision must be served on the parties and the Administrative Law Judge by first
ciass mai1. Parties should contact the Fred Owusu, City Clerk, City of St. Paul,
170 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, to ascertain
the procedure for fifing exceptions or presenting argument.
STATEMENT OF THE ISSUES
The issues presented a# this hearing were:
1. Did the Licensee violate Minn. Stat. § 340A.503, which prohibits the
sale of alcohol to a person under the age of 21?
1 St. Paul Legislative Code § 310.05 (o-l).
Z Minn. Stat. § 14.62, subd. 1(2000).
�1-�b'
2. Did the Licensee violate Saint Paui Legislative Code § 409.26(b)(7)
by failing to allow entry to the premises to a St. Paul police officer?
FINDINGS OF FACT
1. Grace Braid operates the Beaver Lounge, a bar and restaurant with
relafed licenses, at 756 Jackson Street, St. Paui. She operates the bar with her
husband, James Braid, who appeared on behaif of the Beaver Lounge at the
hearing,
2. On July 20, 2000, an alcohoi compliance check was performed by
the St. Paul police at the Beave� Lounge. An 18-year old female entered the
Beaver Lounge wearing a hidden transmitter, and ordered a Miller Genuine Draft
beer from the bartender. The bartender served the young woman without asking
for any proof of age. 3
3. Sargent Richard Wachal, was in the bar at the time of the sale
dressed in p{ain ciothes, and observed the transaction. He summoned Sargent
Eugene Polyak, who had been outside the bar in his squad car listening to the
transmission of the compliance checker's conversation with the bartender. The
two officers spoke with the bartender about the sale to the young woman, and
dealt with a disruptive customer.'
4. On September 6, 2000, the Office of License, Inspections and
Environmental Protection notified the Beaver Lounge that it had violated Minn.
Stat. § 340A.503 by selling alcohol to a person under the age of 21 5
5. On September 8, 2000, St. Paul Police Officer John Corcoran was
on patrol in the area near the Beaver Lounge, and heard what he believed to be
fireworks being set off inside. The officer walked up to the door to investigate,
and a woman, later identified as Karen Jean Anderson, opened the front door,
saw that a polics officer was at the door, closed the door and locked it. For
severai minutes the officer pounded on the door and attempted to gain access,
but was ignored by Ms. Anderson and bar patrons. Then, Ms. Anderson returned
to the door and admitted the officer. The bartender, Ronald Johnson, identified
Ms. Anderson as another bartender at the Beaver Lounge. Ms. Anderson
acknowledged that she had focked the bar, and believed that she could do so at
any time 6
6. On September 26, 2000, the St. Paul Office of License, Inspections
and Environmental Protection notified the Beaver Lounge that it had violated St.
Pauf Legislative Code § 409.26(b)(7) by faifing to aflow a St. Paul police officer to
enter ihe premises. it informed the license hoider that its proposed sanction,
' Exhibit 2; Test. of Richazd Wachal; Eugeae Polyak,
° Test. of R. Wachal and E. Polyak; Ex. I.
5 Ex. 2.
6 Ex. 3; Test. of John Corcoran.
2
at-��
taking into account prior violations, was a forly-five day suspension of the
licenses �
7. Kristine Schweinler, an inspector with the Office of License,
Inspections and Environmental Protection, testified about the Beaver Lounge's
prior oifenses. There have been two prior instances ofi serving alcohol to
persons under the age of 21, and one other instance where the police were
denied entry. Following the lafter incident, the City Counci! ordered the Beaver
Lounge to ciose for five days, May 19 through May 23, 1999.
8. Mr. Braid did not dispute the evidence presented, and oifered no
testimony to contradict it. However, he emphasized that he wants bar employees
to comply with the law, and that he acted promptly to terminate the employees
involved in these violations. He has offered to give the police a key to and
security codes for the Beaver Lounge so that they can gain access at any time.
He has also retained off-duty city staff, including police officers, to work at the
Beaver Lounge to minimize any possibility of further problems.
9. Any Finding of Fact more properly termed as a Conclusion is
hereby adopted as a Conclusion.
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paul City Council have
jurisdiction in this case.
2. The Licensee received timely and proper notice of the hearing and
the City has complied with ai{ refevant substantive and procedural requirements
of statute and rule.
3. The City has authority to suspend or revoke a license and to
impose penalties for violation of applicable statutes and rules."
4. The Licensee is responsible for conduct in the licensed
establishment, inciuding conduct by an employee authorized to sell alcohof.
5. The City has the burden of proving that the Licensee violated the
applicable provisions of state law and city ordinance by a preponderance of the
evidence.
' Ex. 4; Test. of Kristina Schweinler.
8 See also, Ex. 7.
9 Minn. Stax § 340A.415 (1998); Saint Paul Legislative Code § 40912.
10 See Minn. Stat. § 14.57 — 14.61, 340A.415 (1998); Saint Paul Legislarive Code § 310.05.
° Minn. Stat. § 340A.415 (1998); Saint Paul Legislative Code § 310.06.
tZ Minn. Stat. § 340A.501 (1998); Saint PauL Leaislative Code §§ 31�.17 and 409.14.
o�-3b'
6. Beaver Lounge violated Minn. Stat. § 34QA.5o3, subd. 2(1) by
se4ling an alcoholic beverage to a person under age 21.
7. She Beaver Lounge violated St. Paui Legislatrve Code
§409.26(b)(7) by fiailing to ailow a police officer access to the premises.
8. The City Councii has the authority to impose the appropriate
sanction by application of the provisions of St. Paul Legislative Code F 409.26.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the foflowing:
RECOMMENDATION
lT IS HEREBY RECOMMENDED: that the Cify of Saint Paul impose an
appropriate sanction against the Licensee.
Dated this 27 day of November, 2000.
I_�_ _? .A��i � . � . �.��
: '.`� J i, �-
. � � _ , _
Reported: Tape-recorded (three tapes)
MEMORANDUM
Mr. Braid did not contest the violations, but is very concerned with the
penalty that may be imposed. He acknowledges that the license hofder is
responsible for the actions of the employees, but believes that he has taken
steps to mitigate the likelihood of future offenses and is negotiating for sale of the
establishment. The City Council has the authority to determine the appropriate
sanction.
B.J.H.
n
�
o�-
OFFICE OF ADMIPTISTRATIVE HEARIIVGS
FOR THE COUNCIL OF
THE CITY OF SAINT PAUL
In Re The Licenses Held By Beaver Lounae, Inc.
d/b/a Beaver Lounge
CITY'S PROPOSED
EXHIBITS
November 1, 2000
TO: Judge Beverly Jones Heydinger, Administrative Law Judge, Office of Administrative
Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list of the City's proposed exhibits for the Administrative
Aearing on November 1, 2000.
Exhibit No.
E�. No. 1
Exh. No. 2
Exh. No. 3
Exh. No. 4
Er1i. No. 5
Each. No. 6
Description
Police Report CN 00-141-250, prepared by Sgt. Eugene Polyak and Sgt.
Richard Wachal, dated July 20, 2000 (6 pp.);
Nofice of Violation, dated September 6, 2000, with Affidavit of Service
� pP•)>
Police Report CN 00-181053, prepared by Officer John Corcoran, dated
3eptember 8, 2000 (4 pp.);
Notice of Violation, dated September 26, 2000, with Affidavit of Service
� PP•);
License Information Report, dated October 30, 2000 (8 pp.);
Notice of Hearing, dated October 16, 2000, with A�davit of Service
� PP•);
Exh. No. 7 License Group Comments Text, dated 7uly 28, 2000 (1 p.).
o����
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. Paui Legislative Code § 310.17
St. Paul Legislative Code § 409.26
Respectfully submitted this 1�` day of November, 2000.
` � �u2� U ce-a.��1
Virginia D. almer
Assistant City Attomey
Office of The City Attorney
400 City Hali
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
STATE OF MINNESOTA
OFFICE OF ADDZINISTRATIVE HEARINGS
100 Washington Square, Su{te 1700
100 Washington Avertue South
Minneapolis, Minnesota 55401-2138
November 27, 2000
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West KeUogg Bfvd.
Saint Paul, MN 55102
UI°��
���'FlV�-�
�Q� 2 t7
�, 2�d0
� �����.
RE: 1n the Matter of the Licenses held by Beaver Lounge for
the premises located at 756 Jackson Stseet, Saint Pau{,
Minnesota; OAH Docket No. 15-2111-13214-6
Dear City Clerk Owusu:
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the officiai record, with the exception of the tape
recording of the hearing. Copies ofi those tapes will be sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
BEV�O NEYDINGE `nr
Administrative Law Judge
Telephone: 612/341-7606
BJH:aws
Encl.
cc: Virginia D. Palmer
James Braid
Providing Impartial Hearings for Govemment and Citizens
An Equal Opportuniry Employer
Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (6i2) 341-7346� Fax PJo. (612) 349-2665
bl-3�
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MAIL
Debra S. Aws, being first duly sworn, hereby deposes and says that on
the 27 day of November, 2000, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 15-2111-13214-6 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 individuais
named herein.
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
James Braid
3560 Emerald Drive
White Bear Lake, MN 55110
Virginia D. Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
4��� C�
Debra S. Aws
Subscribed and sworn to before me
this a7� day of November,
�
��� �Y���
2000.
LaVON REGAN
NOTMY PUBLiC - M:15N850TA
MYCOMMISSION EXPIRE3
J/WUARY 31.200.5
��-3 s�
15-2111-13214-6
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
In the Matter of the Licenses held by FINDINGS OF FACT,
Beaver Lounge CONCWSIONS AND
for the premises located at RECOMMENDATION
756 Jackson Street, Saint Paul, Minnesota
This matter was heard by Administrative Law Judge Beverly Jones
Heydinger, commencing at 9:30 a.m., November 1, 2000, at the St. Paul City
Hall, Room 41, 15 West Kellogg Boulevard, Saint Paul, Minnesota. The hearing
was held pursuant to Notice of Hearing dated October 16, 200�, signed by
Virginia D. Palmer, Assistant City Attorney, on behalf of the City of St. Paul. Ms.
Palmer, 400 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102,
appeared on behalf of the City. James Braid, 3560 Emeraid Drive, White Bear
Lake, Minnesota 55110, appeared on behalf of Beaver Lounge, the Licensee.
The record closed on November 1, 2000, at the close of the hearing.
NOTICE
This report is a recommendation, not a final decision. The St. Pauf City
Council will make the final decision after a review of the record and may adopt,
reject or modify these Findings of Fact, Conc{usions, and Recommendations.�
Pursuant to Minn. Stat. § 14.61 (2000), the City Council shalf not make a finai
decision until this Report has been made available to the parties fior at least ten
days. The parties may file exceptions to this Report and the City Council must
consider the exceptions in making a final decision. A copy of the City Council's
decision must be served on the parties and the Administrative Law Judge by first
class mai1. Parties should contact the Fred Owusu, City Clerk, Gity of St. Paul,
170 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, to ascertain
the procedure for filing exceptions or presenting argument.
STATEMENT OF THE ISSUES
The issues presented at this hearing were:
1. Did the Licensee violate Minn. Stat. § 340A.503, which prohibits the
sale of alcohol to a person under the age of 21?
1 St. Paul Legislarive Code § 310.05 (o-l).
Z Minn. Stat. § 14.62, subd. 1(2000).
0�-3�
2. Did the Licensee violate Saint Paul Legislative Code § 409.26(b)(7)
by failing to allow entry to the premises to a St. Paul police officer?
FINDINGS OF FACT
1. Grace Braid operates the Beaver Lounge, a bar and restaurant with
related licenses, at 756 Jackson Street, St. Paul. She operates the bar with her
husband, James Braid, who appeared on behaff of the Beaver Lounge at the
hearing.
2. On July 20, 2000, an alcohol compiiance check was performed by
the St. Paul police at the Beaver Lounge. An 18-year old female entered the
Beaver Lounge wearing a hidden transmitter, and ordered a Miller Genuine Draft
beer from the bartender. The bartender served the young woman without asking
for any proof of age. 3
3. Sargent Richard Wachal, was in the bar at the time of the sale
dressed in plain clothes, and observed the transaction. He summoned Sargent
Eugene Polyak, who had been outside the bar in his squad car listening to the
transmission of the compliance checker's conversation with the bartender. The
two officers spoke with the bartender about the sale to the young woman, and
dealt with a disruptive customer.
4. On September 6, 2000, the Office of License, Inspections and
Environmental Protection notified the Beaver Lounge that it had violated Minn.
Stat. § 340A.503 by selling alcohol to a person under the age of 21.
5. On September 8, 2000, St. Paul Police Officer John Corcoran was
on patrol in the area near the Beaver Lounge, and heard what he believed to be
fireworks being set ofF inside. The officer walked up to the door to investigate,
and a woman, later identified as Karen Jean Anderson, opened the front door,
saw that a police o�cer was at the door, closed the door and locked it. For
several minutes the officer pounded on the door and attempted to gain access,
but was ignored by Ms. Anderson and bar patrons. Then, Ms. Anderson returned
to the door and admitted the o�cer. The bartender, Ronafd Johnson, identified
Ms. Anderson as another bartender at the Beaver Lounge. Ms. Anderson
acknowledged that she had locked the bar, and believed that she could do so at
any time.
6. On September 26, 2000, the St. Paul Office of License, lnspections
and Environmental Protection notified the Beaver Lounge that it had violated St.
Paul Legislative Code § 409.26(b)(7) by failing to allow a St. Paul police officer to
enter the premises. It informed the license holder that its proposed sanction,
' E�ibit 2; Test. of Richard Wachal; Eugene Polyak.
° Test. of R. Wachal and E. Polyak; Ex. 1.
5 Ex. 2.
6 Ex. 3; Test. of John Corcoran.
2
o �_ 3g
taking into account prior violations, was a forty-five day suspension of the
licenses.�
7. Kristine Schweinier, an inspector with the Office of License,
lnspections and Environmental Protection, testified about the Beaver Lounge's
prior offenses. There have been two prior instances of serving alcohol to
persons under the age of 21, and one other instance where fhe police were
denied entry. Folfowing the fatter incident, the City Council ordered the Beaver
Lounge to close for five days, May 19 through May 23, 1999 $
8. Mr. Braid did not dispute the evidence presented, and offered no
testimony to contradiet it. However, he emphasized that he wants bar employees
to comply with the law, and that he acted promptly to terminate the employees
involved in these violations. He has offered to give the police a key to and
security codes for the Beaver Lounge so that they can gain access at any time.
He has also retained off-duty city staff, including police officers, to work at the
Beaver Lounge to minimize any possibility of further problems.
9. Any Finding of Fact more properly termed as a Conclusion is
hereby adopted as a Gonclusion.
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paul City Council have
jurisdiction in this case.
2. The Licensee received timely and proper notice of the hearing and
the City has complied with all refevant substantive and procedural requirements
of statute and rule.
3. The Gity has authority to suspend or revoke a license and to
impose penalties for violation of applicable statutes and rules.��
4. The Licensee is responsible for conduct in the licensed
establishment, including conduct by an employee authorized to sell alcohol.'
5. The City has the burden of proving that the Licensee violated the
applicable provisions of state law and city ordinance by a preponderance of the
evidence.
' Ex. 4; Test. of Kristina Schweinler.
8 See also, Ex. 7.
9 Minn. Stat. § 340A.A15 (1998); Saint Paul Legislative Code § 409.12.
10 See Minn. Stat. § 14.57 —14.61, 340A.415 (1998); Saint Paul Legislative Code § 310.05.
11 Minn. Stat. § 340A.415 Q498); Saint Pau1 Legislative Code § 310.06.
12 Minn. Stat. § 340A.501 (1998); Saint Paul Legislative Code §§ 310.17 and 40914.
pl-3�
6. Beaver Lounge violated Minn. Stat. § 340A.503, subd. 2(1) by
selling an alcoholic beverage to a person under age 21.
7. The Beaver Lounge violated St. Paul Legislative Code
§409.26(b)(7) by failing to allow a police officer access to the premises.
8. The City Council has the authority to impose the appropriate
sanction by application of the provisions of St. Paul Legislative Code § 409.26.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: that the City of Saint Paul impose an
appropriate sanction against the Licensee.
Dated this 27 day of November, 2000.
� � �
�I_'_� �.�ii . � � ��. ��O
: •"� `• _ `i �•
�
.� � �� _
Reported: Tape-recorded (three tapes)
MEMORANDUM
Mr. Braid did not contest the violations, but is very concerned with the
penalty that may be imposed. He acknowledges that the license holder is
responsible for the actions of the employees, but believes that he has taken
steps to mitigate the likelihood of future offenses and is negotiating for sale of the
establishment. The City Council has the authority to determine the appropriate
sanction.
B.J.H.
0
�
n_
OFFICE OF ADNIINISTRATIVE HEARINGS
FOR THE COUNCIL OF
THE CTTY OF SAINT PAUL
In Re The Licenses Held By Beaver Lounge, Inc.
d/b/a Beaver Lounge
CTTY`S PROPOSED
EXHIBITS
November 1, 2000
TO: Judge Beverly Jones Heydinger, Administrative Law Judge, Office of Administrative
Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list of the City's proposed exhibits for the Administrative
Hearing on November 1, 2000.
Exhibit No.
Exh. No. 1
Exh. No. 2
Each. No. 3
Exh. No. 4
Exh. No. 5
Each. No. 6
E�ch. No. 7
Description
�l�3�
Police Report CN 00-141-250, prepazed by Sgt. Eugene Polyak and Sgt.
Richard Wachal, dated July 20, 2000 (6 pp.);
Notice of Violation, dated September 6, 2000, with Affidavit of Service
� PP•)>
Police Report CN 00-181053, prepared by Officer John Corcoran, dated
September 8, 2000 (4 pp.);
Notice of Violation, dated September 26, 2000, with Affidavit of Service
� PP•)>
License Information Report, dated October 30, 2000 (8 pp.);
Notice of Hearing, dated October 16, 2000, with Affidavit of Service
� PP•);
License Group Comments Text, dated July 28, 2000 (1 p.).
ot-3�'
Also attached please find courtesy copies of applicabie St. Paul City ordinances:
St. Paul Le�slative Code § 310.05
St. Paul Legislative Code § 310.06
St. Paul Legislative Code § 310.17
St. Paul Legislative Code § 409.26
Respectfully submitted this 1 day ofNovember, 2000.
�-� S�
Virginia D. almer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Keliogg Boulevard
Saint Paul, Minnesota 55102
(b12)266-8710
�" r Saint Paul Police Department Page ,
�' SUPPLEMENTAL OFFENSE / tNCIDENT REPORT pJ,3�
CamplaintNumber Refe�ence C.K Primary offense Date and Time of RepoK
00-14� 250 Liquior Violation 07/20/2000 21:00
�
Primary Repor(ing �fhcer EUGENE P POLYAK
?rimary ot7ense detaH: _
Primarysq�ad: 7Q0
Secondaryrepo�tingoflicer. RICHARD L WACHAL
Oisfict CENTRAL ( )
Secondary offense:
Locaffon ofincidenY.
Name of/oCatioNbcSiness:
Date & Sme of occurence:
Anest made? YES
Date & time ofarrest 07/20/2000 17:45
POUCE PE�2SONNEL INVOLVED
Ar2stmade on view: YES Pursuif engaged:
Arrest made on warrant o� previous CM.
Weapons �sed by poGce;
Weapons used by suspecf at time of arrest.
Resistance encountered:
CHARGES
/vame GORZ, JOSEPH CARL /+nestStams gOOKED sooldng�
Booking date 07/20/2000 Booking trme 21:37
NAMES
ARRESTEE GORZ, JOSEPH CARL
308 FOREST ST STPAUL MN 55106
- Physical Description Phones
sex UPIKNOWN Height Haircolor Homephone 651-771-2072
Race W}j�TE Weight Hai�Type
Hispanic Budd HairLength �
DOB 08/'16/1965 Sldn Facial Hair "
1
Age 34 `
�
Physical ConCition Employment �
n�
Canscrousneu Occupa6on UNK �
Drug/a�coho�use HAD BEEN DRINKING Emp/oyer :�
- �
� In e e hcenses he
_Beaver Lounge, Inc. d/b/a Beaver Lounge e
City's Exh. No. 1
, ` r ` � . � 7
_� i 1 ` �C-�! �.�' ��^' .J '�'' l�
l � /7 C �
L
�I ` ,�, Saint Pauf Police Deparkment
: � : SUPPLEMENTAL OFFENSE 1 1NCIDENT
._�
Complaint Number RefeJencs C_N. Pnmary oflense
Date and Time of Report
00-141250 Liquior Violation 07/20/2000 21:00
SLISPECT BROWN, DAViD EARL
691 DALE ST N#�3 STPAUL MN 55103 "
Physipl DescripSon Phones
sex UNKNOWN Height HailCO/or Home phone 651- -
Race �j�/}-jy'� WeigM HairType Woifc phone 651-222-6a11
Kspanic
DoB 02/16/1964
Bttdd
sldn BROWN - L1GriT
HairLengdi
Faaa7 Hair
Age 36
Physica/ Condifion Emp/oyment �
Consciausness 7 occupation gp}�j'EjypER
Orug/a/cohol use Empoye� gEqVERS BAR
CRIME SCENE DESCRIPTORS
Crime Scene
Type
Descnption
hfefhod & Poirrt of Entry
Face usea NOT FORCED
point af ertfry
Meihod
PROPEi�TY (NONE)
VEHiCLE 1NFORMATION (NONE� . `
GORZ, JOSEPH CARL ' 308 FOREST ST , S7PAUl, MN 55106 ;;: 08/'I6/'1965 34 W U
NaRRaTivE
Squad 790 (Sgt. Polyak) along with 792 ( Sn . Wachal conduct liquor compliance checks az several
bars located in St. Paul. The undercover agent assisting in the compliance checks was trainedby
_= the Vice Unit in how to conduct the compliance check• "lhe U.C. was tcained to tell the ttuth if
asked her age or D.O.B. The U.C. was given buy funds before entering ilie establishwent to be
checked and was checked to make sure she had no fotm of identification aa fier pason. The U.C.
- used on this compliance check was 18 years of age and was photographed prior tn the start of the
' detail_ The U.0 will be identified as U.C. #56.
~ The first check took place az Beavezs baz at 756 jackson. U.C. #56 was s�t inside the bar shordy
after Sgt. Wachal entered the bu and took up a place of surveillance. Sgt_ wachal entered the baz
first to insure the safety of tlie U.0 inside the baz ( A previous compliancecheck az Beaver Bar
escalated into a heated incident with the bu owner). The U.C. entered thebaz wearing a ludden
uansmitter so I could monitor her conversations from ouuide the bar. "The U.C. ordered a Miller �
Genuine draft beer from the bartender. The U.C. then gave me a signal indicatsng she had been
served. Sgt. Wachal exited the bu and motioned to me to enter the bar When I entered the baz I
observed a bottle of beer sitting in front of the U.C. I asked who served the beer and she pointed at
the bartender who was identified as Brown> David Earl D.O.B. 2-16-64. Sgt. Wacfial photographed
the bottle of beer while I asked the bartender for his license. I asked tfie barcender if he asked the
U.C. �or identification and he replied he didn`t indicazing he thought tlie female had entexe� �e baz
with a r awiar customer. The bartender was photographed and advised he would be contacted
through the mail with a summons and complunt chazging him wirh GM providing alcohol to a minor.
While speaking with the bartender and attempting to ID fiim a WIM seated at the corner ofthe baz
yelled, "this is bull shit it's a set up." I ignored the W/M and con[inued to ID the bar[ender- "IIie
W!M yelled "fuck the police, why don't you deal with the drug dealers outside" I again ignored ihe
W!M but at the same time noticed he was statting w incite several of the other cuscomers stuno next
Page 2
REPORT Q jr ;�
_�'-�,
Saint Paul Police Department
Page 3
SUPPLEMENTAL OFFENSE / INCIDENT REPORT �`�3�
Camp�aint Number Refe2nce CN. Pnmary offense
Date and rune of Repor[
00-141250 Liquior Volation 07/20/2000 21:00
to him. The W/M then Yelled "you fucking cops aze assholes this is bullshit." I advised the W/�I to
be quice, this didn't involve him and we conduct compliance checks on all the bazs in St. Paul_ The
W/M now stood up from his seaz and started to yell "fuck the godda� po&ce this is bullshit, fuck -
you, it,'s a set up." The W!M started to shake his fist az me_ I noticed several of the other
customers started to pound their fists an the baz as they stazted to yell in a�eement with the W/M
who buy now was inciring several other customers. I immediatly walked over and advised the W/M
suspect he was under ariesc. I gabbed the suspect by the arm twisting it behind his back as I
escorted him out of che bar. Sgt_ Wachal aLso observed a different individual who was starcing to
become incited and showing signs of anger renazding our presence in the baz. Once the W/M I was
dealin� with was removed from the bu the crowd of approximately 20 customets stazted to calm
down. The suspect was taken ouuide, handcuffed and h to HQ by a marked squad. The
suspect was booked for D.O.C. It should be noted the bartender made no attemQu az calmin� the
situarion inside the baz or by advising the suspect to be seated and remain quite. The suspect was
eventually identified as Gorz, 7oseph Cazl D.O.B. 8-16-65.
Please distribute to:
_CHF _Hom
_Sex _D/C
^ CO _Rptr
_Rob
_Burg
Vice
_Juv _Oper _PSC
_Theft _Prop _CAU
Nazco SIU T&A
_L.ab
_F&F
Other
Rec _Team
_Auco _DAO
.-�,-� �.�
�"r ` - Saint Paul Police Department Page ,
°�
, ___ SUPPLEMENTAL OFFENSE / INCIDENT REPORT p j�3�
Compfa�t Num6er Reference CN. Primary offense
Oate and Time of Repo/t
00-'141250 Liquor Law Violation 07/20/2000 21:06
PrimaryRepo�tingOffrcer RICHARD L WACNAL
Primary otfense deEad=
Primary squad 792
Secondaryrepo�tingoflrcer EUGENE P POLYAK
�� CENTR.4L ( PSS-VICE )
Secondary offense:
toca6on ofinddent
Name oflocafforvbusiness:
Date & dme of occurence:
Mestmade?
Date 8 time af amst.
POLICE PERSONNEL INVOLVED -
Mestmade on view.
Arrest made on wamant ar previous CN:
Pursuit engaged
Resistance encountered:
Weapons used by poGce:
Weapons rrsed by suspect at /ime of arrest.
CNARGES (NON�
NAMES (N
CRIME SCENE DESCRIPTORS
Gime Scene
rype
Descnpfion
Method 8 Poinf ofEntry
Forceused NOTFORCED
Point of entry
Method
PRQPERTY ( NON�
VEHiCLE INFORMATION (NON�
NARRATIVE
Squad 792 parricipated in this liquor compliance check of Beavers Lounge located at 756 Jackson �
St_ on 7-20-2000. I was working with Sgt. Polyak and we utilized undercover agent #56 who has a �
DOB of 5-5-82 making her 18 yrs. of age. She has undergone training by SPPD in how to conduct
herself in maldng undera�e buys of alcohol in local establishments in the city of St. Paul. ,
At 1745 hours this date, she entered the lounge with instructions ro order a MIller Genuine Draft beer.
She was given money with which to purchase it. I entered the baz a minute earlier to watch rhe \
activity inside and the possible sale thaz may ensue. She saz ai the west end of the baz and ordered ,�
the beer. The bartender lazer identified as: Brown, David Earl DOB 2-16-64 gave her the beer �
without hesitatioa and took a$5 bill from her and charged her $1.25 for it. I observed Brown riag if �
up on the cash register and �ve her the change. At this time I motioned to UC !{56 to stay seaied
while I reuieved Sgt. Polyak who was outside listening on a monitor. UC #56 had a uansmitter on
her person.
Once Sgt. PoIyak arrived, we dismissed UC �Y56 and identified the bartender. I photograghed the _ �
beer, Mr. Brown and tazer UC �56. ' r
It should be noted that a baz patron began io loudly make his feelings I�own to other patrons aboui
what the police were doin�. I heazd him (Gorz, Joseph Carl) say something to rhe effect of: "there
aze dru� pushers out there and they're in here doing this." Sgt. Polyak took him into custody afrer
hearing severai minutes of this person's vocal attitude. I was dealing with Mr. Brown who was
cooperative. There was another unidentified male thaz accused me of wearing a wire as I walked
out to get Sgt. Polyak. He met me on the sidewalk. I brushed past him to get to PoFyak and again to
get back inside the baz. He was now inside and continued to stare at me with his eyes squinted as '
� /��
—� Y `��
�i �C, r` �� ' ���; C� ,� ,�-c C _ �
�. �., .``• " - Saint Paui Police Department Pase 2
- SUPPLEMENTAL OFFENSE / INCIDENT REPORT
__. o�- 3�
Camp�aintNumber Reference CN_ Primary oflense Date and Tvne of Report
00-141250 Liquor Law Volation 07/20/2000 21:06
he hated our police presence. Ae temained close mos[ of the time. I was concerned that he wouid
start a fight witfi either us or get others in the baz to join him. I was distracted by him while S�.
Polyak dealt with Gorc. I then nuned my attenuon to Gorz when I heard him speak the words -
menaoned earlier in this report.
Please distribute to:
_CF3F l Hom
Sex D/C
_CO _Rptr
Rob
_B�S
V ice
Juv
_Thefr
_Nazco
_Oper _PSC _Lab _Rec _Team
_Prop _CAU _F&F _Auto _DAO
SIU T&A Other
S'�
i
R e � �+eck
Beaver Lounse
756 Jackson y
SuyerlD
�
dt-3�
Today's Date_
�'i�� ��1 � �
t. 8uyer gender 2 rme:
3/29/00 00054897
_ ,D,�,e ( 7!: I�`1;�.�,
Age � � � + CN.ECKHE�c 2�Fem2te " 2r � PM
if No Purchase Attemptedl I�pSRP
z _ TO wr3 � yyas a sacurity persan sationed at the door?
6. What did you try to purchase?
a. (check are: oN-sa/e oMyl b. (c'redc erre)
1 � &-pactc cans
2� 12-pack cans
3� �pack bottles
d�I QusR bettie
�'
7. `��elle_r(server's gender.
1 I V 1 Male 2 C Female
L1�+
i
8. Sellertserver's esrimated age:
l
'I � Budweiser
2� Coors a (cnedc ane)
3�Miller 1�Lite
4 IOther �Regular 9
w
't �Less than 21
2 �2'I-30
3�31 or oider
10. How many peopte were standing in line
behirtd you at th�e tirr�e were at ihe
cash regisYer? ,�� j�( ��
'����
12. What was the rtoise teve7?
;��s
i9
4. tf yes, gender af gersan at door.
i � YES
22�No ��Male 2� Femaie .�
5. yes, were you: (`heck an that ePPN)
IFNO,
SK1P TO � n Admitted with no question
XS
421'!
9_ How c:owded was ii? s
Seating No 52�ting/ (� No seating! j�
avaiiable 4I few s�ndirzaZi � many s2andirtg3r' �
sz
5455
Nortnal � Raised , �
ranversation � voices Z! I Shouting 31 � �
11. �Pu atte[rtpt outcome: (check a/l that apply)
1�Purr,hased with no questions
9�Purchased aHer s�ting age
3�Purchased after state date of birth
Purchased after s�ting ID not on me
5 +PurGhased afrer expiainirtg ID in car
&�No purchase _
after siating age
Purchased after sYate date of biRh
Admiited after stating tD not on me
Admitted aBer expiaining ID in car
Not adm¢ted STOP HERE
��
'13. !f n ;;; o --- ���purchase attempted, explain below: (chectr one)
dt � C�osed, wt of business 081 � Unsate (explainj
=, 6id�
02 �� Ciosetl, seasonal houn " 091 4 Buyer macpropnate!y dressed
�
a31 I Gesed, limded hour5 70 �� Out af be_r
�
Od � Closed temperaniy (reparts, remode!. _IC-) » �� Did not have !vne to cmpie±e
QS i i Ctoszo to P�btic. Orniate party �2 � Oodt (or no longer) se11 alcohot
06 i I Pmate dub, pu6lic not admrtted �� I I Reservations rief-.essary
071 I Unable ro lo�te J � Other (spea(y) I I I
L! �t—�
���l�v'C. o� - i �► �2S �
Law Entarcemen# Buy Regort Form
EPVCMDA004Ver i ii58(ioi+)
�� OFFICE THE CITY ATTORNEY � f ��
� Clrsy[on M�ixson, Ja, CiryAttorney 6
CITY OF SAINT PAUL Civil Division
lem¢n. Mayor 400 Ciry Hall
IS West Kellogg Blwl.
Saint Paul, Minrsesota SSIO2
��.
September 6, 20Q0
NOTICE OF VIOLATION
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, Minnesota 55117
Telephone: 651 26b-8710
Fncsimrle: 651298-56l9
RE: Ali licenses held by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the premises at 756
Jackson Street in Saint Paul
License ID #: 0016196
Dear Ms. Braid:
The Office of License, Inspections and Bnvironmental Protection has recommended
adverse action against the licenses heid by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the
premises at 756 Jackson Street in Saia�t Paul. The basis for the recommendation is as follows:
On July 20, 2000, an alcobol compliance check was performed
at the Beaver Lounge, located at 756 Jackson Street in Saint
Paul. An 18-year old female entered the Beaver Lounge and
ordered a Miller Genuine DraR beer from the bartender. The
bartender served the young woman withont asking for any
proof of age. It is a violation of Minn. Stat. §340A.503 to sell
alcohol to a person under the age of 21.
Since this is considered a second violation, the licensing office will recommend a
$1,000.00 fine, pursuant to St. Paul Legislative Code §409.26.
At this time you have three options on how to proceed:
1. If you do not dispute the above facts and do not wish to have a public hearing, you will
need to pay the recommended fine for this violation. If this is your choice, you should
make payment directly to the Office of License, Inspections and Environmental
�� �
n e t� e hcenses e
�eaver Lounge, Inc. d/b/a Beaver Lounge _
City's Exh. Na 2
Page 2 � � D�' 3�
Ms. Grace Braid
September 6, 2000
Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul,
Minuesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the
fine will be considered to be a waiver of the hearing to which you are entitled.
2. Alternatively, if you do not dispute the above facts, but wish to have a public hearing
before the Saint Paul City Council, you will need to send me a letter with a statement
admittin� the violation and requesting a hearing by Monday, September 18, 200Q. The
matter wi11 then be scheduled before the City Council for a public hearing to determine
what penalty, if any, to impose. You will have an opportunity to appear before the
Council and make a statement on your osvr: behalf as to the penalty to be imposed.
3. If you do dispute the above facts, a hearing will be scheduled before an Administrative
Law Judge. At that hearing both you and the City will be able to appear and present
witnesses, evidence, and cross-examine the other's witnesses. The St. Paul City Council
will ultimately decide the case. Please let me know in writing no later than Monday,
September 18, 2000, how you wish to proceed.
If you have not contacted me by Monday, SepYember 18, 2000, I will assume that
you are not contesting the facts and will schedule this matter for the St. Paul City Councii
and have it placed on the Consent Agenda during which no public discussion is allowed
and the recommended penalty will �e imposed,
If you haue any questions, feel free to contact me at 266-8710.
Sincerely,
� �
��/�.c.c�L/`, CeJ�••�?�
Virginia D. Palmer
Assistant City Attorney
cc: Robert Kessler, Director of LIEP
Clu�istine Rozek, Deputy Director of LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117
s
STATE OF MII3Y3ESOTA )
) ss.
COUNTY OF RAMSEY
�
o� ��'
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CL,EMENTS, being first duly sworn, deposes and says
that on September 6, 2000, she served the attached NOTICE OF
VIOLATION upon the following named person placing a true and
correct copy thereof in an envelope addressed as follows:
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
St. Paul, MN. 55117
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the Uni S tes mails at St. Paul,
Minnesota. � /1 f") . ,
Subscribed and
this 6th d o
� �
Notary P
to before me
�Yse�r , 2 0 0 0 .
PETER P. PANGBORN
EXPIRES JAN. 31, 2006
. - �� s . p % - ,�'�- ,�i
�� Saint Paui PoficE De artment ���_ � Aage B�-3�
.. ..._ ... ORIGINAL OFFENSE / iNCfDENT REPORT fJ�,�,�
ComFVaintAlum6er Reference C.N. Primary oAense Dafe and 7vne otRepod
OU- INFORMATION REROftT 09/08/2040 01:30
Pdmary Reporting othcer. �pHN G CdRCORAN Cxetioa otinddent: 756 JACKSON ST N
Primary otFepse detad.�
Pnmary squad: 240
Secondary reporting olAcer:
Dish,ct. CEtJTRAL ( CENTRAL DISTRICT )
Secoetlary oXartsa:
Name oflacatiuN6usrness: p3EVERS BAR
Date & time ot oceurence: 091d8C2000 44:58
Anest mede?
Date 8 time at aruesh
POLlCE PERSONNEL INVOLVED `
Anest matle on view: Pursnit engaged.
Anestmade on wanent o�previous CN�
Weapons used 6y police:
Weapans used by suspect at time of afrest:
Reslslance encounfered.
CHARGES (NONE}
NAMES
SUSPECT ANDEf2SON, KAREN JEAN
1076 VtRGINA ST STPAUL MN 55107
Physka! Oescrlp8an Phones
Sex FEMALE ttaigM Ha�r c�or 1 � _ Home phone 651-489-645�
aece WHITE weiger rtarrrype Workphone 851-222-6011
Hispanic
ooe �yiov7s5s
Age qq
BW7d
Skin PALE
Hair Lertgth
Faciat Hair
Physlcaf Condttton Empinyment
CansGnusneu Occopetion
Drug/akoho! use
Employar
WtTNFSS JOIiNSON, RONALD MICHAEL
588 CASE ST STPAUL MN 55106
pnysnaraas�r�prio„ � rno�a4
sax MALE Ha;snt Nair color Home phone 551-489-7835
Race WHITE wergnt
H'rspenrc 8m7d
Do812/61/t964 skin
Age 39
Hair Type
NalKength
feciaf Heir
Work phana 651-222-6011
—Beaver Lo u n e g ehInc e d1b 1 a Bea Lounge _._,
C:ity's Exh. No. 3
,,,
��
Saint Paul Police Department Page , or,
PUBLIC OFFENSE f iNC1DENT REPORT �� , 3�
Complaint Numbe� Reference C.N. Pnmary Offense Date and Time ofReport
OQ-489453 INFORMATION REPORT 09108/2000 01:30
t�nmary Reportng ofhcar. �ONN G CORCORAN
Pnmary squad.' 240
Secondary �eporting oMreY.
oist�ice CENTRAL ( CENTRAL DtSTRICT }
Secortdary oHense:
txethn otFnddent 7� �qCKSON ST N
Name oftocation/buslness BEVERS BAR
oate & dme of occurence: OSI�Bl2000 00:58
Anast mads?
Date 8 tlme oterrest
POLICE PERSONNEL INVOLVED
Anest made on New: Pursuif engageei.• �
Arresf made oo warrant orprevfoas CN:
Weapons used poN'ce:
Weapons used suspect af time of arresk
Resistance ancovrtfered:
CHARGE5 {NONE)
NAMES t�oNE)
.,,
:�-�
t�.., . .: �.:-
4. __i'- �°�__ ..
ComplainE Numbar
oa-�e�os3
Saint Pau4 Police Department Peee z
ORIGINAL OFFENSE / tNCIDENT REPORT Dl-3�
Reterence C.N. Pdmary oT/ense Date and Time ofReporf
lNFORMA�ION REPORT
09/08/2000 01:30
Phystca! Conditlon fmployment
Coesaa�sness bcsupetron
Orug/alcohd use Employe�
CRIME SCENE DESCRlPTORS
Crtme Scene Me7hod & PointofEntry
Trae OFFICFJCOMMERCIAL
��nWroR BAR/NiGHTCLllBlfAVERN
Face used
PoinE of entry
Method
PROPERTY (NdNE)
VEHICLE INFOR (NONE)
NARRATIVE
WHILE ON TdtJR, I SQD #240 (CORCORAN) WAS STOPPEQ AT THE STOP SIGN JACKSON
AND ACKER ST. WH{LE STOPPED AT THE STOF S1GN, I HEARD WHAT SOUNDED LIKE
FIREWORKS BEING SET OFF INSIDE BEAVERS BAR (756 JACKSON). I PUT MYSELF OUT
ON AN WVESTlGATE AT BEAVERS BAR TO SEE IF 1T WAS W FACT �I!�EWORKS.
AS I WAS WALKING UP TO THE DOOR, A W/F WHO WAS LATER ID'D AS, ANDERSON,
KAREN JEAN W/F, DOB: 11J01l1859 OPENED THE FRONT DOOR, MADE DIRECT EYE
CONTACT WITH ME AND SAID, "OH SHIT". BEFORE t COULD ASK ANUERSON {F
EVERYTHING WAS OK, SHE WENT BACK INS(DE THE BAR. I THEN TF:IED TO GE7 INSIDE
THE BAR BUT TIiE DOOR WAS LOCKED. 1 COULD SEE ANDERSON DIRECTLY ON THE
OTHER SEQE OF THE DOOR THROtJGH THE GLASS WINDOW. ANDEFtSON RND I WERE
FACE TO FACE, WfTH ONLY THE GLASS WINDOW SEPARATING US. I COULD ALSO SEE A
NItMBER OF PEOPLE INSIDE THE BAR, MANY OF THEM HAD DRINKS IN THEIR HANDS
AND WERE WATCHING WHAT WAS GOENG ON NAT THE DOOR. i TOLO ANDERSON TQ
OPEN THE DOOR. SHE THEN TURNED AROUND AND RAN TOWARD THE BACK OF THE
BAR. ! THEN POUNDED ON THE DOOR VERY HARD WITH NO ANSWER. NO ONE IN THE
BAR CAME TO THE DOOR WHILE I PQUNDED ON fT, THEY JUST SAT ON THEIR STOOLS
AND WATCHED ME. I STILL GOULD NOT SEE ANDERSON AT THIS TIti1E. I ESTiMATED
THAT I POUNDED OI3 THE DOOR FOR AT LEAST THREE MINUTES. JIiST THEN
ANDERSON CAME BACK AND OPENED THE DOOR. AT THIS TIME I GF2AB$ED HER AND
PUT HER iN THE REAR OF MY CAR, BECAUSE AT THIS POINT I WAS .S�TIlt NOT 100 %
SURE THAT THE N41SE I HEARD WAS FIREWORKS.
I THEN WENT INSIDE THE BAR AND COULD SMELL THE SMELL OF FlF;EWORKS. I THEN
TALKED TQ THE BARTENDER, JOIiNSON, RONALD MiCHAEL W/M, DOB: 12l01/1960.
JOHNSON TOLD ME THAT SOMEONE HAD THRdWN FIREWORKS tNSIDE THE BAR. I
THEN ASKED JOHNSON WHO LOCKED THE DOQR, HE SAID, " KAREN". I ASKED
JaHNSON WHO ANDERSON iNAS AND HE SAID, "SHE IS A BARTENDE.R H�RE."
I THEN LET ANDERSON OUT OF MY CAR AND SHE SAID, "WHY Dld YGU PUT ME 1N THE
CAR?" ! TQLD HER THAT SHE COULD NOT LQCK THE P4LICE OUT OF THE BAR. SkE
THEN SAlD, "7HE BAR WAS LEGALLY OPEN , AND I CAN LQCK THE DC70R AfVYTIME I
WANT TO ANQ LET WHO I WANT iN."
�
;, , .
.. Y �
�
Sain# Paul Poiice Department Paga 3
ORIGINAL OFFENSE / INCIDENT REPORT p!- 3
CompfaintNUmber Reference C.N. Prtmary offense Date and Time o/Report
00-181053 1NFORMATION REPORT 09/08/2000 01:3Q
PLEASE SEND A COPY OF THiS REPQRT TO CI'N LICENSiNG.
.
Please distribute to: LICENSING
_CHF _„Hom �Roh _Jnv ` Oper _PSC ^ Lab ,Rec _Team
_Sex J D/C _aurg _Theft _Prop _CAU _F&F _Auto ^ DAO
�CO _ftptr _v2� _Nazco _SIU _T&A _Other
� - -''� � OFFI� THE CITY ATTORNEY
— Claylon obinson, ✓r., Ciry Attoraey � / �
�
CITY OF SA1NT PAUL
Narne Calem¢a, Mayor
Civil Division
400 Ciry Hall
IS WestKelloggBlvd.
Saint Paul, Minnesot¢ 55702
Telephorse: 651166-87I0
Facsimile: 657198-5619
September 26, 2000
NOTICE OF VIOLATTON
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, MN 55117
RE: All licenses held by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the premises at 756
Jackson Street in Saint Paul
License II7 #: 0016196
Dear Ms. Braid:
The Office of License, Inspections and Environmental Protection has recommended
adverse action against the licenses held by Beaver Lounge, Inc. d/b/a Beaver Lounge, for the
premises at 756 Jackson Street in Saint Paul. The basis for the recommendation is as follows:
On September 8, 2000, a Saint Paul Police Officer was on
patrol in the area of Jackson and Acker and heard what
sounded like fireworlcs being set off inside the Beaver Lounge,
located at 756 Jackson Street in Saint Paul. The officer walked
up to the door to investigate and a woman, later identified as
Karen Jean Anderson opened the front door, made eye contact
with him, stated "Oh, shit!" and then went back inside the bar.
The officer attempted to enter, but the door was locked. The
officer saw Anderson watching through a glass window, and
told her to open the door. She then ran toward the back of the
bar. The officer pounded on the door for at least three minutes
before Anderson returned to open the door. In the meantime,
a number of people sat in the bar watching but no one opened
the door. The officer asked the bartender, Ronald Johnson,
who the woman was, and he identified her as a bartender at
the establishment. Anderson later told the officer that the bar
was legally open and she could "lock the door anytime I want
to and let who I want in."
In Re the licenses held by !
Beaver Lounge, Inc. dlbla Beaver Lounge _
City's Exh. No. 4
�_�_ _
Page 2
Grace Sraid
September 26, 2000
�
�
The failure to allow entry to the premises to a St Paul police officer is a
violation pursuant to Saint Paul Legislafive Code §409.26(b)(�.
�l-3�
If you do not dispute the above facts please send me a letter with a statement to that
effect. The matter will then be scheduled for a hearing before the St. Paul City Council to
determine what penalty, if any, to impose. You will have an opporhxnity to appear and speak on
your own behalf, or to have someone appear there for you. Since you have had previous adverse
action taken against your licenses, which include a five-day suspension for failure to allow
entrance to police officers in April, 1999, a sale of alcohol to an underage person in March of
2000, and a pending adverse action for sale of alcohol to an underage person from July of 2000,
the recommendation for a penalty by the Office of LIEP will be for a forty-five day suspension of
your licenses. The Saint Paul Legislative Code does permit you to have both the pending sale of
alcohol to an underage person and your new adverse action heard together for the purposes of
determining and imposing a penalty, if you choose to do so.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please
send me a letter stating that you are contesting the facts. You will then be sent a"Notice of
Hearing," so you will know when and where to appear, and what the basis for the hearing wiil be.
In either case, please let me know in writing no later than Friday, October 6, 2000,
how you would like to proceed. If I have not heard from you by that date, I will assume
that you are not contesting the facts. The matter wili then be scheduled for the hearing
before the St. Paul City Council.
If you have any questions, feel free to call me or have your attorney call me at 266=8710.
Sincerely,
✓ "�� /�
����✓uta.�J �X�-ti
Virginia D. Palmer
Assistant City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117
,. �f -
�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY
�
ot-3 �
AFFIDAVIT OF SFRVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on September 27, 2000, she served the attached NOTICE OF
VIOLATION upon the following named person placing a true and
correct copy thereof in an envelope addressed as follows:
Ms. Grace Braid
Beaver Lounge
756 Jackson Street
St. Paul, MN. 55117
(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.
Subscribed and sworn to before me
this 27th da�-o.,f Sep�mbe�„ 2Q00.
Notary
P 1'AFd�60RN
....
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•
CITY OF SAINT PAUL
, Norns Coleman, Mtryor
October 16, 2000
OFFIC� THE CITY ATTORNEY ��� ��
Clayton binson, Jn, Ci Aliorn
Civil Division
400 City Hall Telephome: 651266-8110
lSWestKelloggBlvd. Facsimile:651298-56I9
Sain! Pau1, .Ninnuot¢ 55102
NOTICE OF HEARING
Grace Braid
Beaver Lounge
756 Jackson Street
Saint Paul, Minnesota 55117 `
RE: All licenses held by Beaver Lounge, Inc. dlbla Beaver Lounge for the premises located at
756 Jackson Street in St. Paul
License ID No.:0016196
Aear Ms. Braid:
Please take notice that a hearing wi11 be held at the following time, date and place concerning a11
licenses for the premises identified above:
Date: Wednesday, November 1, 2000
Time: 9:30 a.m.
Place: Room 41
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing wili be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrarive Hearings:
Name: Beverly Jones Heydinger
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 612-341-7606
� In e the licenses held by
—.Beaver Lounge, Inc. d!b/a Beaver Lounge �
City's Exh. No. 6
-� � al-3�
The Council of the City o�nt Paul has the authority to provide fo�earings concerning licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.05
and 310.06, of the Saint Paui Legislative Code. In the case of licenses for intoxicating and non-
intoxicating liquor, authority is aiso conveyed by Minnesota Statutes secrion 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 foliows:
On July 20, 2000, an aicohol compliance check was performed at the Beaver
Lounge, located at 756 3ackson Street in Saint Paul. An 18-year old female
entered the Beaver Lounge and ordered a Miller Genuine Draft beer from the
bartender. The bartender served the young woman without asking for any
proof of age. It is a violation of Minn. Stat. §340A.503 to sell alcohol to a person,
under tbe age of 21.
On September 8, 2000, a Saint Paul Police Officer was on patrol in the area of
Jackson and Acker and heard what sounded like fireworks being set off inside
the Beaver Lounge, located at 756 Jackson Street in Saint Paul. The officer
walked up to the door to investigate and a woman, later identified as Karen
Jean Anderson opened the front door, made eye contact with him, stated "Oh,
shit!" and then went back inside the bar. The officer attempted to enter, but the
door was locked. The officer saw Anderson watching through a glass window,
and told her to open the door. She then ran toward the back of the bar. The
officer pounded on the door for at least three minutes before Anderson returned
to open the door. In the meantime, a number of peopie sat in the bar watching
but no one opened the door. The officer asked the bartender, Ronald Johnson,
who the woman was, and he identified her as a bartender at the establishment.
Anderson later told the officer that the bar was legally open and she could
"lock the door anytime I want to and let who I want in." The failure to allow
entry to the premises to a St. Paul police officer is a violation pursuant to Saint
Paul Legislative Code §409.26(b)(7).
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
Notice of Hearing - Page 2
• • 0�-3�
present, each ofwhom the City's attorney may cross-examine. T'he Administrative Law Judge may
in addition hear relevant and material testimony from persons not presented as witnesses by either
party who have a substanrial interest in the outcome of the proceeding; for exampie, the owners or
occupants of property located in close proxunity 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 confornuty with Minnesota Rules, part 1400.7000.
If you think that this matter can be resolved or settled without a formal hearing, please contact ar
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 7udge for incozporation 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 tius 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.
If you haue any questions, you can call me at 266-8710.
Very truly yours,
�� � ���
�
Virginia D. Palmer
Assistant City Attorney
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117
Notice of Hearing - Page 3
s
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
•
AFFIDAVIT OF SERVICE BY MAIL
��-3s'
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on October 17, 2000, she served the attached NOTICE OF HEARING
on the following named person by placing a true and correct copy
thereof in an envelope addressed as follows:
Grace Braid
Beaver Lounge
756 Jackson Street
St. Paul, MN. 55117
(which is the last known address of said
same, with postage prepaid, in the Uyr�
Minnesota. �
Subscribed and sworn to before me
this 17th daw��of Octob�� 2000.
n) and depositing the
es mails at�t-
�--�� � p�;�R P PANGBORN
-Q�� - t�TARvGU01JC-MINNESOTA
Notary Publi uv:AMMissw�
�XPIFYESJAN.31,2005
License �ro�p Comments Text
Licensee: BEAVER LOUNGE INC
�BA. BEAVERLOUNGE
License #: 0016196
0712812000
a�-3�
07/28/2000 To CAO fw adverse action. CAR
07/20/2000 Failed U of M alcohol compliance chedc conducted by SPPD Polyak. CN 00-141-250. Third failure (first is waming) $1000 mairix fine. Penalty
could be inaeased fo� managemenYs tailure to help police keep order dunng the check (nfo in potice report supplemement).CAR
O6/23/Z000 License fees paid in full. CAR
06/22/2000 Letter from CAO for falure to pay license fees. Given to 07103/2000 to respond. CAR
O6/19/2000 Faiied to pay first half fees due 4l30l20�0. To CAO for adverse action. Topl due with penalties is 53769.00CAR
O6/12/2000 5500 fine paid. CAR ,
06/05/2009 Letter from CAO giving Grace Braitl to 06112I2000 to pay fine. CAR '
04/17/2000 No6ce of Volation from CAO for sale of alcohot to an underage. $500 fine due by 64l27/2000. CAR
4/�4/2000 To CAO for adverse action.CAR
03l29l2000 Failed UM alctwhol compliance check conduded by SPPD RamsfadlReilly. Second fatlure. $500 maUix fine recommended. CAR
1?l22/�99g pd 57,166; final payment CAM
521'14N999 pd SSOO.00; fast payment due 12/17. CAM
12/07/�999 pd SS00.00: next payment due 12N0. CAM
12/O6/99 - Sent letter of stayed license suspension - LAB
11l30l1999 pd $500.00; ne# payment due 1713. CAM
11/24/99 CF99-1744 license suspended for failure to pay fees but suspension stayed because a new payment schedule has been arranged. Suspension
stayed as long as payments are made on Gme. CAR
11/� 9/1999 pd $500.00; next payment due 1 tl26 for $500.0�. CAM '
1 �/16/1999 Letter from CAO indicating that licensee has artanged a new payment plan, but recommends fhat wuncil grant immediate suspension of the
license if payment plan is not foifowed. CounaV hearing set for 11124/1999. CAR
t �/10/1999 Grace rame in today and pd $3,200. New payment plan: $500 due 11/19; $500 due 17/26; $500 due 12l3; $50� due 12/10; $�,'166 due �2lt7.
Invoices sent to Grace as weil as an affidavit for signaWre to agree to the pian. CAM
t 1l�5l99 1 pifed Grace Braid and advised her that we needed to set up a payment plan or counciV woutd be forced to Gase her estabiishment for faiiure to
pay fees. Ms. Braid indiqted that she wouid come in to LIEP on the moming of 11/8/99 to make artangements for payment. CAR
� 5/4199 passed second alcohoi compliance check-DL
11/4l99 No payments made. NoGce of Council Hearing from CAO for failure to pay fees. Hearing scheduled for 1'1/24/99.CAR
10/20l99 Notice of �oiatlon from CAO for failure to pay fees. Given W 10/29/99 to respond. CAR
9l26199 completed required alwtrol awareness 4aining-DL
09/23/1999 Letter sent to applicant as reminder of amount due $4,056 by 10/1. OK per BWCAM
09/08/1999 Payment plan $1,100.00 check paid. Totai due by 9/30 $4,056.00, CAM
8/� 9/99 second waming le8er sent for not completiag required alcohol awareness trianing-will be forv+arded to CAO for adverse action if they do not
contact LIEP within one week-DL
08/12/99 passed dg compfiance check, 09f09f99 ietter sent SS
7/21/99 Payment plan: $1,000.00 due &1 (paid 8/3J: $3,056.00 due 9/1 to pay for NSF.; 98-99 Znd half $2,t�0.o0 due 9l30; 99-2000 2nd half $2,t00.00
due 10/30.
7!8/99 Notice of Violation sent by CAO fw paying license fees with a bad check. CAR
05/21N999 NSF check #22979 recd for $3,708.00.ES
SI6/99 - Kris hand detivered suspension letter- LAB
4/28/99 CF99-378 approving a 5 day closure (5/19/99-5/23/99) for failure to aliow entraace to police officers. C0.R
4/7/99 Scheduled for coundl 4/28 (refusal of enVy). CAM
3!2/99 Notice of violation from CAO. Report that police were not allowed to enter the bar to investigate a robbery. Response deadline of March 12, 1999.
CAR
2l18/99 Failed alcohoi compliance check;'unofficial' waming•training due 7/29/99-DL
7/29/98 Congratuiations letter senL PJ W
7/13/98 Passed cigarette compliance check. PJW
6/26l97 - Paid $200.60 Cigarette Fine - Lab
6/5/97 - Sent Cig. Fine Letter (Due 6/'27/97) - Lab
5/28/97 C.F. #97-652 App'D imposing $200 Fine For Sale Of Cigs To A Minor
'12l12/96 Per Denny 82emer � Mlba - Do Not lntend To PaNcipate In Alcohof Awareness In 1997
1996-7°/, Disc On Liq FeeAp plied To 2nd 1/2-Lap-Lic
4/9/96 Cig Code Added Fr/ld# 59649-1ap-Lic
1995-7°/a Disc On Liq Fee Applied 70 2ntl 1/2-Lap-Lic
5/26/94- Restrictions Have Been Complied Wifh Per Inspection By Kris Van Hom
9/7J93 Liquor Sale To Minor: Waming
022592 C.F. 92-168 Adopted By City Councii SuspendEd On Saie Liquor, Sunday, Rest & Gmbl. Loc Lic FOr 3 Consecutive Days (3/23 - 3/25J Due To
Sale Of Alcoholic Beverages To A Minor.
020492 QF. 92-� 68 Suspeading Q� Sale Liquor, SundAy, Rest. 8 Gambling location License - Layed Over To 022592
121791 City Attomey Mnounced 123091 As Public HeAring Dats Before M Adminis7ative Law Judge PertAining To Adverse Action Against Licenses.
090591 Ph On Appn For Renewal Of Liquor On Safe-C, Sunday On Sale, Restaurant-B 8 Gambling Location-C License App'D C.F. 97-7653 With
Restrictions.
9/12/89 Ph On Appn For New Of Class A Gambling Location License App'D C.F. 89-1631
58 Seats SS-87
10932
� �
In Re the licenses held by
—Beaver Lounge, Inc. dlbla Beaver Lounge —
City's Exh. No. 7
1 A���[.\I .v�lll..:l ..1��..�r...•
�, c H
Earaest Money Contract
This Earnest Money Contraet is made and entered into on:
Oct 12, 2000
BE TT KNOWN, the undersigned:
James Mc Murray, Laurie Mc Murray
hereinafter referred to as Buyer, whose address is
594 Como Avc. S� PauL N1N 55103
offers to purchase from:
Thomas Braid, Grace Braid
hereinafter referred to as Seller, whose address is
3560 Emerald Drive White Bear Lake MN 55110
�'nvr. i ui
D� -3�
�x �
the following real estate known as
7 North Jackson & 87 East Acker, Plus 4 Vacant Lots. City: St. Paul, Minnesota, County:
E State: Minnesota, Zipcode: 55117
more parUiculariy described as:
Beavers Lounge 756 North Jackson(Drake's 2nd Addirion EX E 43Ft Lot 16 BLK 2),Pazking On
Acker(Drakes 2ND Addition Lot 17, Lot 18, Lot 19, BLK 2), House At 87 East Acker(Drakes 2ND
Addition Lot 20 BLK 2), Vacant Lot On Jackson(Drake's 2nd Addition Lot 14 BLK 2).
The purchase price is
Earnest Deposit paid herewith
Additional LTpon signin� sales agreement
Balance at closing
Assume Loan(s) in the Amommt of
Sellery Cazryback Loan(s) in the Amount of
� e�r - �yp�I�ea�(s),jn the Amoupt of
e-��Cv'a..G�".�Or ��s�
$ ' ,�� c.� �J��"'�
$500
$s,oao
$24,500 �/Vl � �
$ , ���vt..��"'
$ � Q�'A ��'�` ��
Buyer has deposited with Seller the Earnest Deposit in the amount of $500 sirnultaneousiy with the
delivery of this Agreement. Said Deposit has been confirmed by Seller �vith the execution of a
receipt delivered to Buyer, also simultanaously herewith.
The parties expressly agree that the failure of any party to comply with the terms and cnnditions of
this Agreement will constitute a material breach of the Agreement, rendering the Agreement subject
to cancellation.
If the transaction contemplated hereby fails due to conditions beyond control of Buyer or Seller,
such as a defect in tifle, a taking pursuant to eminent domain,destruction of the property caused by
fire,flood or other natural disaster, these shall cause immediate release of all parties from any further
liability or obligation hereunder.The total Earnest Deposit shall be retumed to Buyer.
Ct?P11rt"
The parties expressly agree that in the event, Buyer shall default in the performauce of flus
Agreement, Seller may, retain the Earnest Deposit as liquidated damages and both parties shall be
��a��.n.� �v,ni,r�, ..n�.,r,..:, Naoe 7 nt i
immesiiately released from ali obligations under this agreement.
The parties expressly agree that in the event Seller shall default in the performance of this �!��
Agreement, the Eamest Deposit shall be returued to Buyer, without prejudice, and both parties shall
be immediately released from all obligations under this agreement.
Said property is to be sold free and clear of all encumbrances, by good and mazketable tifle, with full
possession of said property available to Buyer.
The parties agree to execute a standard purchase and sales agreement on the tertns and conditions
contained in this agreement withinl5 days of signing this agreement.
The parties agree that the closing sha11 be on or before 45 days of signing this agreement
Buyer and Seller agree that this Agreement must be executed within: 2 days from date hereof.
Buyer to assume Taxes on properties up to but not exceeding $15,000. This being agreed upon by
both parties in consideration of the acceptance of $30,000 as e down payme t. The remainder to be
carried on a contract for deed by the seller in the amount of � r�months
,�:n'": at�,Q% Interest. Seller agrees to finance sale of inventory to Buyer at $20 per week unrii paid at
�'�� 0% interest.
In the event that any provisions of this Agreement shall be held to be invalid, the same shall not
affect, in any respect whatsoever, the validity of the remained of this Agreement.
ACCEPTANCE
The undersigned Seller accepts the foregoing offer
Dated /V ' �� ` � Time ! ��/� `"
OWNER !
Address
�
Phone_��? ���o��
��_
Address _ � �.,.vt
� nv�: � �1� .
Fram: ` Tom <tom(i�fishnet.com>
To: In House Misc. <tom@fishnet.com>
Date: Wednesday, October 11, 2000 4:41 AM
Subject; Loan Amourits And Payments 23�-30-8-7.5
Number of payments: 108
Financial Detaifs:
Interest compounding: Monthly
interest rate: 8.000%
Loan amount: $200,000.00
Payment amount $2,600.00
Total payments: $281,389.30
Totai finance charge: $81,389.30
� Number of payments: 157
Finaneial Details:
Interest compounding: Monthly y� �
Interest rate: 8.000% � ��/��
Loan amount: $200,000.00 � �l
Payment amount: $2,100.00
Total payments: $318,456.14
Totai finance charge: $118,456.14
Number of payments: 269
Financial Details:
Interest compounding: Monthly
Interest rate: 8.000%
Loan amount $200,OOQ.00
Paymentamount: $1,600.00
Total payments: $431,448.30
Totaf finance charge: $231,448.30
Number of payments: 105
Financial Details:
Interest compounding: Monthly
Interest rate: 7.500°/a
Loan amount: $200,000.00
Payment amount: $2,600.00
Tatai payments: $273,498.50
Total finance charge: $73,498.50
Number of payments: 145
Financiai Details:
Interest compounding: Monthly
tnterest rate: 7.500°!0
Loan amount $200,000.00
Payment amount: $2,100.00
p�-3�
Dl-3�
DATE OF REQUEST: 10/6/00
CONTACT PERSON Peter Pangborn
St. Paul City Attorney
TELEPHONE NUMBER: 651-266-8776
AGENCY: City of St. Paul
TITLE OF CASE: City of St. Paul vs Beaver Lounge
PREFERRED DATES AND 11/1, 11/2, 11/3
TIME: 9:30
LENGTH OF HEARING: 1 day
LOCATION: St. Paul City Hall/Ramsey Co. Courthouse
Room 41
ISSUE: 1) Refusal to allow police to enter; 2) alcohol sale to
underage person
ATTORIVEYS: Virginia Palmer 266-8719
Pro Se
MEDIA ATTEN710N: No
SPECIAL NEEDS: No
JUDGE Beverly
DATE 11/1
TIME 9:30
�7� � / � / �� y f �
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pl-3�
�� y OFFICS OF THE CITYATTORNEY �/`
C!¢yton M. Robuccorz, Jr., Ciry Attoraey 7c� t�, ��(
(/ � FJ
CITY OF SAINT PAUL
R E C E t V E D Civi1 Division
Norm Coleman, Mayar u A 0 Ciry Ha71 Telephane: 612 2668710
Q� ��j �� Ai�' 7' �WestKelloggBlvd. Facsimile: 6I2298-5619
S¢ini Pav1, Minnesota 55102
�
October 16, 2000
VIA FAX AND U.S. MAIL
Judge Beverly Jones Heydinger
c!o Louise Cooper
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, Minnesota 55401-2138
RE: November 1, 2000 Admnustrative Hearing - Beaver Lounge
Our Files: G00-0257 and G00-0279
Dear Judge Heydinger:
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 Wednesday, November 1, 2000. This request is made on behalf of Ms. Virginia Palmer, the
attorney assigned to this matter. The City of St. Paul licensing division will be calling these
witnesses to testify regarding the incidents which serve as the basis for the action against the
owner of the Beauer Lounge.
In order to ensure that these individuals will be in attendance to tesrify, the City of St. Paul
requests from the State Office of Administrative Hearings subpoenas for the following
individuals:
1.
3.
Sgt. Richard Wachal
St. P��:! P�l3c� �Jepurt� ent
100 East llth Street
Saint Paul, Minnesota 55101
Police Officer John Corcoran
St. Paul Police Department
100 East llt" Street
Saint Paul, Minnesota 55101
2.
5gt. Eugene Polyak
St Daul Pclice De�,art�neaaE
100 East il�' Street
Saint Paul, Minnesota 55101
The hearing is scheduled to start at 9:30 a.m. on Wednesday, November 1, 2000, ln Room 41, St.
Paul City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102.
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If you need additional information or have any questions regarding this request, please do not
hesitate to ca11 me at 266-8776. Thank you for your consideration in this matter.
Sincer ,
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eter P. Pa�
Legal Assi;
Page 2
STATE OF MINNESOTA ��
OFFICE OF ADMINISTRATIVE HEARINGS ��
100 Washington Square, Suite 7700
'100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
October 19, 2000
�rginia Palmer
Attorney at Law
c/o Peter P. Pangborn
City of Saint Paui
Office of the City Attorney
Civil Division
400 City Hall
15 West Kellogg Blvd.
Saint Paul, Minnesota 55102
RE: In the Matter of All Licenses held by Beaver Lounge,
Inc. d/b/a Beaver Lounge for the Premises Located at
756 Jackson Street in St. Paul, License ID No. 0016196;
OAH Docket No. 15-2111-13214-6
Dear Counsel:
Enclosed are three (3) subpoenas requested by your office in the above-
referenced matter and a copy of each.
Sincerely,
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BEVERL JONES HE DINGER�
Administrative Law Judge
Telephone: 612l341-7606
BJH:aws
Encl.
Providing Impartial Hearings for Governmeni and Citizens
An Equal Opportunity Employer
Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665
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STATE OF M.INNESOTA
OFFICE OF ADMINlSTRATIVE HEARINGS
HE.ARING SUBPOENA
TO: Sgt. Richard Wachal
St. Paul Police Department
100 East 11 `" Street
Saint Paul, Minnesota 55101
GREE7INGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Beverly Jones Heydinger of the Office
of Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 41, 15
West Keilogg Boulevard, Saint Paul, Minnesota, on the 1 day of November, 2000 at
9:30 o'clock in the forenoon, to appear as a witness in the matter of All Licenses Held
by Beaver Lounge, Inc. d/b/a Beaver Lounge for the Premises Located at 756 Jackson
Street in St. Paul, License ID No. 0016196, OAH Docket No. 1 5-2111-13214-6.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the
Honorabie Kenneth A. Nickolai, Chief Administrative Law Judge, at
Minneapoiis, Minnesota this 19th day of October, 2000.
L4l'.�. .
(�,,�, KENNETH A. NI KO I
vL
Chief Administrative L Judge
612/341-7600
Subpoena requested by: Virginia Palmer, 612/266-8710.
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STATE OF MINNESOTA
OFFICE OF ADMIlVISTRATIVE HEt�RINGS
HEARING SUBPOENA
TO: Sgt. Eugene Polyak
St. Paul Police Department
100 East 11�' Street
Saint Paul, Minnesota 55101
GREETINGS:
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YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Beverly Jones Heydinger of the O�ce
of Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 41, 15
West Kellogg Boulevard, Saint Paul, Minnesota, on the 1S` day of November, 2000 at
9:30 o'clock in the forenoon, to appear as a witness in the matter of AVI Licenses Held
by Beaver Lounge, Inc. dlb/a Beaver Lounge for the Premises Located at 756 Jackson
Street in St. Paui, License ID No. 0016196, OAH Docket No. 15-2111-13214-6.
Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the
Honorable Kenneth A. Nickolai, Chief Administrative Law Judge, at
Minneapolis, Minnesota this 19t day of October, 2000.
V��.
� KENNETH A. NIC I
Chief Administrativ L w Judge
612l341-7600
Subpoena requested by: Virginia Paimer, 612/266-8710.
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STATE OF MINNESOTA
OFFICE OF ADMII�]ISTRATIVE HEARINGS
HEARING SUBPOENA
TO: Police Officer John Corcoran
St. Paul Police Department
100 East 11'" Street
Saint Paul, Minnesota 55101
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and excuses
and to appear before Administrative Law Judge Beverly Jones Heydinger of the Office
of Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 41, 15
West Kellogg Boulevard, Saint Paul, Minnesofa, on the 1St day of November, 2000 at
9:30 o'clock in the forenoon, to appear as a witness in the matter of Ali Licenses Held
by Beaver Lounge, Inc. d/bla Beaver Lounge for the Premises Located at 756 Jackson
Street in St. Paul, License ID No. 0016196, OAH Docket No. 15-2111-13214-6.
Pursuanf to fhe authority granted at Minn. Stat. § 14.51, Witness, the
Honorable Kenneth A. Nickolai, Chief Administrative Law Judge, at
Minneapolis, Minnesota this 19` day of October, 2000.
�
� f NETH A.
Chief Adminis
612/341-7600
Judge
Subpoena requested by: Virginia Palmer, 612/266-8710.
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OFFICE OF THE CITY ATTORNEY �� /��
Clayton M. Robinson, Jc, Ciry Attarney
CITY OF SAINT PAUL
= Norm Coleman, Mayor
Civil Division
400 City Hall
l5 West Kellogg Blvd.
Saint Paul, Minrsesota SSIO2
Telephone: 65/ 266-8710
Facsimile: 65! 298-5619
October 16, 2000 °�
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NOTICE OF HEARING =�- "'' �
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Grace Braid � v; w fn
Beaver Lounge � %� a <
756 Jackson Street �'n-�--�` 3 �
Saint Paul, Minnesota 55117 ��-,, `-� � "
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RE: All licenses held by Beaver Lounge, Ina d/b/a Beaver Lounge for the.premises located at
756 Jackson Street in St. Paul
License ID No.:0016196
Dear Ms. Braid:
Please take notice that a hearing wili be held at the following time, date and place conceming all
licenses for the premises identified above:
Date: Wednesday, November 1, 2000
Time: 9:30 a.m.
Place; Room 41
St. Paul City Halt
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name: Beverly Jones Heydinger
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 612-341-7606
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The Council of the City of Saint Paul has the authority to provide for hearings conceming 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-
intoxicatin� liquor, authority is also conveyed by Minnesota Statutes secrion 340A.415. Adyerse
action may include revocation, suspension, fines and other penalries 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 July 20, 2000, an alcohol compliance check was performed at the Beaver
Lounge, located at 756 Jackson Street in Saint Paul. An 18-year old female
entered the Beaver Lounge and ordered a Miller Genuine Draft beer from the
bartender. The bartender served the young woman without asking for any
proof of age. It is a violation of Minn, Stat. §340A.503 to sell alcohol to a person
under the age of 21.
On September 8, 2000, a Sainf Paul Police Officer was on patrol xn the area of
Jackson and Acker and heard what sounded like fireworks being set off inside
the Beaver Lounge, located at 756 Jackson Street in Saint Paul. The officer
walked up to the door to investigate and a woman, later identified as Karen
Jean Andersou opened the front door, made eye contact with him, stated "Oh,
shit!" and then went back inside the bar. The officer attempted to enter, but the
door was locked. The officer saw Anderson watching through a glass window,
and told her to open the door. She then ran toward the back of the bar. The
officer pounded on the door for at least Yhree minntes before Anderson returned
to open the door. In the meantime, a number of people sat in the bar watching
bat no one opened the door. The officer asked the bartender, Ronald Johnson,
who the woman was, and he identified her as a barteuder at the establishment.
Anderson later told the officer that the bar was legally open and she could
"lock the door anytime I want to and let who I want in." The failure to allow
entry to the premises to a St. Paul police officer is a violation pursuant to Saint
Paul Legislative Code §409.26(b)('n.
You have the right to be represented by an attomey 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 wiil 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 attomey may
cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to
Notice of Hearing - Page 2
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present, each ofwhom the City's attorney may cross-exainiue. The Administrative Law Judge may
in addition hear relevanf and materiai fesfimony from persons not presented as wimesses by either
party who have a substanrial interest in the outcome of the proceeding; for example, the owners or
occupants of propezry located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Concluding azgumettts may be made by the pazties.
Following the hearing, the Jud�e 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 ail documents, records and witnesses you will or may need fo
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.
If you think that this matter can be resolved or settled without a formal hearing, please contact or
have your attorney contact the undersigned. I£ a stipulation or ab eement can be reached as to the
facts, that stipulation will be presented to the Administrative Law 7udge for incorporation into his
or her recommendation for Council action. �"
Ifyou fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated eazlier 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.
If you have any questions, you can call me at 266-8710.
Very truly youts,
' a'`c. � (��t.e-�
�
Virginia D. Palmer
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Counci2 Secretary, 310 City Hall
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1062 Rice St., St. Paul, MN
55117
Notice of Hearing - Page 3