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270194 WHI7E - CITV CLERK COl1RC11 �t '��,�� PINK - FINANCE CANARV - DEPARTMENT G I TY OF SA I NT PAU L °`"� � • BLUE - MAVOR File NO. ~`J �: _�, C cil Res lution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Mr. Elijah Barker d/b/a E.J. ' s Bar, also d/b/a Frank' s Lounge, at 628 Selby Avenue in Saint Paul, has ma.de and submitted Application No. P 15331 for the renewal of On Sale Non-Intoxicating Liquor, Off Sale Non-Intoxicating Liquor, Restaurant C-1, and Cigarette licenses for the premises at that address; and WHEREAS, the License Inspector, Joseph F. Carchedi, recom- mended that the application be denied on the basis of the following grounds: "1. Allowing and/or permitting the possession and/or consumption of strong beer and/or liquor on the premises at 628 Selby Avenue on February 2, 1977; February 9, 1977, June 20, 1977 and August 27, 1977. 2. Allowing and/or permitting your establish- ment to become a public nuisance on May 15, 1977, June 20, 1977, August 27, 1977 and September 10, 1977. 3. Allowing and/or permitting the sale and/or , consumption of non-intoxicating malt beverage (3.2 beer) between the hours of 1:00 A.M. and 12:00 noon on September 11, 1977."; and WHEREAS, the recommendation and grounds therefor were cocncnuni- cated to the applicant in writing by letter dated October 24, 1977, together with a notification that the applicant would be entitled to a public hearing on November 23, 1977, and was entitled to be represented by counsel if he wished; and COUNCILMEN Yeas Nays Requested by Department of: Butler " Hozza [n Favor Hunt Levine _ __ Against BY Roedler Sylvester Tedesco Form Appr d by City tor Adopted by Council: Date — ' Certified Passed by Council Secretary By By Approved by Mayor: Date Approved by Mayor for Submission to Council By By � ����r�� Page 2. WHEREAS, the applicant appeared on November 23, 1977, and through counsel requested a one-week delay in the hearing in order to permit him an opportunity to retain a different attorney, which request the License Committee granted; and WHEREAS, the applicant appeared on November 30, 1977, without an attorney and indicated his desire to proceed without counsel; and WHEREAS, the hearing was then held on the record, with all witnesses under oath, the proceedings taken by court reporter; with the applicant being permitted to cross-examine all witnesses and testify under oath and ma.ke argument to the Committee; and WHEREAS, the License Committee received testimony from Sgt. Gary Bohn, Officers W.A. Reed, Jr. , Daniel Cavanaugh, Stephen Haider, Steve Rollins (all of the Saint Paul Police Department) , and Joseph F. Carchedi, License Inspector; and received Exhibits 1 through 8, consisting of police reports and one letter; and WHEREAS, the evidence clearly established that the applicant, while operating p�eviously, had on four separate occasions stored quantities of intoxicating liquor and strong beer on his premises, permitt�d customers to consume such on his premises, or allowed such to be in view on his premises, from which facts the Committee inferred that both sale and consumption of intoxicating liquor was taking place on the premises and that such liquor was secreted on the establishment in such a way as to suggest knowledge and intent on the part of the applicant; that the applicant could not control the patrons of his establishment, in tha.t they habitually took intoxicating liquor and alcoholic beverages outside the licensed premises onto the sidewalks and into the street in such a way as to obstruct both pedestrian and vehicular traffic; that the applicant took no apparent steps to seek assistance in controlling said patrons to prevent the nuisance from occurring; . that such operation of the premises constituted an unreasonable annogance and injury to a substantial number of persons seeking the use of streets and side- walks in the vicinity and could constitute a danger arising out of the hindrance of emergency services; and that on at least one occasion the applicant permitted the sale or consumption of alcoholic beverages on the licensed premises after hours at 3:00 A.M. ; and WHEREAS, based on the evidence received and the lack of any- thing to the contrary, the License Committee by a vote of 3-0 recommended that the various licenses as indicated in the applica- tion be granted, but that they be suspended for a period of time as to result in the operation of the applicant being stopped for 60 consecutive days commencing with and including November 23, 1977; and �NHITE - CITV CLERK PINK - FINANCE TFl COURCSI �',�/y `y',�� BLUERV = DAEPOAR�TMENT GITY OF SAINT 1 AUL File NO. " ^ ���'�'�� . . _ Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Page 3. WHEREAS, a copy of this resolution as proposed by the License Committee has been mailed to the applicant at both his home address and business premises; now, therefore, be it RESOLVED, that the application of Elijah Ba�ker for various licenses as indicated in Application No. P 15331 is hereby granted, subject to the condition that such licenses are suspended for the period from and including November 23, 1977, to and including January 21, 1978, and that applicant shall not open the licensed premises for any business during that period of time. COUNCILMEN Requested by Department of: Yeas Nays Butler � �n Favor Hozza Hunt � Levine __ Against BY — Roedler � Sylvester Tedesco A pEC i 3 1977 Form Appr d by City Attorn Adopted by Cenncil: Date . . r" Certi�d Pas y Co cil Secretary BY �i� �yr\ � Approved b � c Date �� ,,�,� �97 APProved by Mayor for Submission to Council By BY pUBtISNED DEC 2 4 �g77