269854 WHITE - CITV CLERK • COUIICIl � �� � ��
PINK � - FINANCE GITY OF SAINT PAUL �
CANARV - DEPARTMENT �
Bl_UE - MAVOR File NO.
' ` uncil Resolution
. Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, David S. Hartman� d/b/a Pisces Enterprises�
Inc. , is the holder of On Sale Liquor License No. 9089,
Sunday On Sale Liquor License No. 1574, C-2 Restaurant and
Cigarette License No. �342, and an Off Sale Malt Liquor
license, all for the premises at 823 University Avenue in
Saint Paul known as the Esquire Bar; and
WHEREAS, Joseph F. Carchedi, License Inspector, recommended
that said licenses be revoked by the Gouncil of the City of
Saint Paul, on the following grounds:
1. Da.ncers or performers on the licensed premises
have exposed to public view all or portions of their
genitals, pubic hair� w.lva or anus on the following
dates: June 1 and June 2, 1976; July 23, 24, 25, 26
and 30, 1976; August l, 1976; October 18, 19 and 26,
1976; and January 15, 1977.
2. _ :?�cer+�:-� p.erformers on the licensed premises
have permttted customers to touah their breasts or '
genitals on the following dates: October 15, 1976;
February 17, 1977.
� 3. Customers on the licensed premises have been per-
mitted to remain on the pre�nises after the closing
hour and consume or display intoxicating liquor on -
the following dates: August 4, 1976; October 14, 1976.
4. Live entertainment has been provided on the licensed
premises within the meaning of Section 311.02 of the _
Saint Paul Legislative Code without the required tavern
license, on the following dates: June 1, 2, 3, 6 and 7,
1977 ; July 14, 1977.
COUNCILMEN Requested by Department of:
Yeas Nays •
Butler
Hozza In Favor
Hunt
Levine __ Against BY
Roedler -
Sylvester
Tedesco
Form Appr d by City torn
Adopted by Council: Date " .
Certified Yassed by Council Secretary BY '�
sy
Approved by Mayor: Date Approved by Mayor for Submission to Council
By BY -
. ,;, �������
Page 2.
5. An employee or bouncer was permitted to carry,
on the licensed premises, a firearm in violation
of Section 425.03 of the Saint Paul Legislative
Code and a di�.abling chemical in violation of
Section 624.73 of the Minnesota Statutes, on October
14, 1976; and
WHEREAS, the above grounds and the recommendation of the
License Inspector were communicated by certified ma.il to the
licensee in a letter dated July 29, 1977; and
WHEREAS, a hearing was held before the License Committee
of the Council of the City of Saint Paul at 9:00 A.M. on August
17, 1977, which hearing was recessed and continued to 9:00 A.M.
September 28, 1977; and
WHEREAS, the licensee was represented at such hearing by
an attorney, Ellis Olkon, and was permitted through his attorney
to cross-examine witnesses, present witnesses and evidence in
his own behalf, and ma.ke a final argument to the Committee; and
all evidence was under oath and taken by a court reporter; and
WHEREAS, the License Committee heard testimony from Joseph
F. Carchedi, License Inspector; Sgts. Ma.rk Jessen, Robert Patsy,
and Michael Markuson, Saint Paul Police Department; Officers
Thomas Fabio, James Rock, John Mueller and Donald Havel, Saint
Paul Police Department; David S. Hartman, licensee; Vernon Lee
Landrum, American Disco Co. ; Ka.thy Marie Bonneville and Sandra
Sellers, former dancers for the licensee; and
WHEREAS, the Corrnnittee in addition received numerous
affidavits, exhibits, police reports, and other physical evi-
dence, including numbered Exhibits 1 through 41; and
WHEREAS, the evidence established that dancers on the li-
censed premises had repeatedly violated the provisio ns of the
Saint Paul Legislative Code relating to nude dancing during the
period from June l, 1976 to Janua.ry 15, 1977 ; that dancers and
customers performed unlawful lewd acts on the licensed premises
on two occasions as charged; tha.t there were probably after
r ���;��'`�
Page 3.
hours violations on the two occasions charged, August 4, 1976
and October 14, 1976, but that tests were not performed on the
particular beverages involved; that an employee of the licensee,
employed as a bouncer, carried with the Ifa�owledge and apparent
approval of the licensee a firearm and a disabling chemical
similar to Mace on the licensed premises; that the licensee and
the License Inspector met on Ma.rch 29, 1977 to discuss the above
grounds and warn the licensee that further violations would
occasion action by the License Committee; that there was no
evidence presented as to subsequent violations of the above
ma.tters; that thereafter on six separate occasions, the licensee
was tagged for having live entertainment on the premises without
the required tavern license; that the tavern license had expired
October 7, 1976, and was not _renewed; that the licensee did not
know of the expiration until June, 1977 ; that the licensee did
not upon the adviee of his attorney cease having the live enter-
tainment despite the repeated instructions of the License
Inspector;- tha� the licensee_ did__cease live E71tP�tSinmPni--,�
June 8, 1977, after Judge Plunkett denied the licerrse�e`�s--re°qu�st-
for an injunction against the City of Saint Paul; that thereafter
on July 14, 1977, the licensee was tagged again for having live
entertainment without a tavern license, which tag was dismissed
by the Ramsey County Municipal Court on a finding of not guilty;
that the License Committee is split as to�.:7whether there was in
fact a violation on July 14, 1977 ; and that there was no evidence
presented to the Committee of violations other than the July 14
incident from June 8, 1977 to the present date; and
WHEREAS, the Chairman of the License Committee disclosed
prior to voting that he had received information on the licensee' s
business adverse to the licensee in the course of normal contacts
with members of the Vice Unit, and that as a result he could not
restrict his consideration of the recommendation for revocation
solely to the evidence presented to the License Committee, and
that, for reasons of fairness to the licensee, he would abstain
from voting on any motion; and
WHEREAS, the License Committee considered the demeanor of
the witnesses, the type and nature of the evidence submitted,
the hearsay nature of evidence contained in police reports, the
contradictions and errors in certain testimony presented, and
based its determina.tion on the overall weight of the evidence;
and
WHITE - CITV CLERK f � ..`,�
PINK - FINANCE G I TY OF SA I NT PAIT�-L - Council -
� CANARV - D€PARTMENT
BLUE - MAVOR File NO.
" � � ' Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
Page 4.
WHEREAS, the License Committee, by a vote of 2-0, voted to
recomnnend to the full Council that all the licenses of the li-
censee be suspended for the period of four days, specifically
the Thursday, Friday, Saturday and Sunday next following. the
publication of such a resolution as required by Charter; and
WHEREAS, a copy of this resolution has been mailed to the
attorney for the licensee prior to the date it was considered
by the full Gouncil, with a letter advising as to the date on
which it would be considered; now, therefore, be it
' RESOLVED, that all of the licenses for the premises at
823 University Avenue in Saint Paul held by David S. Hartman,
d/b/a Pisces Enterprises, Inc. , known as the Esquire Bar, are
hereby suspended for four days; and, be it
FURTHER RESOLVED, that such four day period shall commence
wi.th the Thursday next followi.ng publication of this resolution,
and shall include consecutively the said Thursday, Friday,
Saturday and Sunday; and, be it
FURTHER RESOLVED, that the City Clerk is hereby directed
to publish this resolution after its approval by the ma.yor,
as required by the Charter.
COUNCILMEN Requested by Department of:
Yeas Nays
Butler
��e,. [n Favor
Hunt
Levine a __ Against BY
Roedler � R��'�
Sylvester
Tedesco_���q�/
4 1C�� Form Appro ed by City Attor y
Adopted by Council: Date — �C+T + �
Certified �s by Counc , cr�t�a,fy BY
By U
Approved b ;Vlavo : Date
f7 J" Q T 7- �71 Approved by Mayor for Submission to Council
By - - BY
��sL�s��.fl O�j 151977