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