266713 WH17E - CITV CLERK � COUIICIl �v���
PINK - FINANCE -GITY OF SA�INT PAUL
CANARV-- DEPARTMENT
� BLUE - MAYO� � ���
File N 0.
� ~ ` � Coun 'l esolution
Presented By �
Referred To Committee: Date
Out of Committee By Date
I
�i
WHEREAS, E.D.M. , Inc. , is the holder of On Sale Liquor
License No. 8764, expiring January 31, 1976, at 1201 Payne
Avenue in Saint Paul; for the premises knowr� as the Crusader
Lounge; and
WHEREAS, the License Inspector recommended revocation of
said license, and denial of any application for the renewal
of the same, on the following grounds:
1. Paul, Robert and Armand Schoenecker, all officers
and directors of E.D.M. , Inc. , the present licensee,
attempted to defraud a creditor by requesting to transfer
the E.D.M. , Inc. , license as follows. With knowledge (1)
that the reasonable value of the On Sale Lic�uor License
is $30,000 - $35,000, (2) that the outstand�ng debts of
E.D.M. , Inc. were about $180,000, and (3) w�1th the intention
to file a bankruptcy petition after the com letion of the
transfer, the said Schoeneckers deliberatel and willfully �
sought to transfer their license for drasti ally less than
the fair ma.rket value, to-wit, $1,750, with the purpose of
guaranteeing that one of their creditors, . Oscar Sundberg,
would receive as little as possible in sati�faction of his
debts. The proposed transfer was denied by the City Council
on December 30, 1975,
2. The disparity between the proposed sale price and
the fair market value of the right to trans�er such a license
is so great as to create substantial inferences that the parties
to the transfer had agreed on additional coMSideration not
disclosed to the License Inspector or City Council;
and
COUfVCILMEN
Yeas Nays Requested by Department of:
Christensen '
Hozza In Favor ---
Levine '
B
Sylvester Against Y li
Tedesco '
President Hunt '
Form Approved t�y City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
By BY
�:;
.
WH17E - CITV CLERK ^A�`_-��
PINK - FINANCE Tt COUI1C11 f� �
CANARV -DEPARTMENT GITY OF SAINT PAl1L File NO. ~I�
BLUE - MAVQ.� .
� , Council Resolution
Presented By I
Referred To Committee:; Date
Out of Committee By Date
WHEREAS, the License Inspector notifielid the licensee in
writing of his recommendations and the grounds therefor, and
further that a hearing would be held before'' the City Council
on January 22, 1976, at 8:00 a.m. , in the Cpuncil Chambers,
3rd Floor, City Hall and Court House; and
WHEREAS, Mr. Robert Schoenecker, President of E.D.M. , Inc. ,
appeared for the licensee and indicated his' receipt of said
notice, and f�rther that he wished to repre�ent the licensee
pro se; and
WHEREAS, testimony was received from Joseph F. Carchedi,
License Inspector, and Pierre N. Regnier, C�ty Attorney; and
evidence received in the form of exhibits, ncluding the
complete transcript of the December 10, 197�, hearing on the
then-proposed transfer of the E.D.M. licens� to MWWB, Inc. ; and
WHER�A�S, the licensee was a�£orded an ppportun.ity _ta e�c,a.mine
witnesse„s� �d p2�sen-t arguments, evi�+ence �.nd� witnesses on his
own behalf; and declined to do so; and '
WHEREAS, evidence was received that Paul Schoenecker has
filed in bankruptcy, and Robert Schoenecker � stated he would
file in 'bankruptcy; and
WHEREAS, the City Council found that tl�e evidence established
the truth of the allegations by the License Inspector, and voted
unanimously to revoke the said Intoxicating �Liquor license held by
E.D.M. , Inc. ; and
WHEREAS, a copy of this Resolution has ,been mailed to Mr.
Robert �choenecker, President, E.D.M. , Inc. ; now, therefore, be it
COUIVCILMEN Requested by Department of:
Yeas Nays ,
Christensen �
Hozza In Favor ,
Levine
Rcedler Against BY
Sylvester
Tedesco
President Hunt '
` Adopted by Council: Date Form Approved by City Attorney
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
By By
WH17E - CITV CLERK I (1���(�
C NARV - DEPARTMENT � COUI1C11 y� V
' BLU�E - MAYO� GITY OF SAINT PALT!L File NO.
� � � Council Resolutio�
Presented By
Referred To Committee: li Date
Out of Committee By Date
RESOLVED, that On Sale Liquor License Pfio. 8764,
expiring Janua.ry 31, 1976, at 1201 Payne Avenue in
Saint Paul, for the premises known as the Crusader
Lounge, is hereby revoked. �
I
I
�
i�
, _�. '�
COUIVCILMEIV Requested by Department of:
Yeas Nays ;
Christensen �
� Hunt In Favor
Levine Q .'
Rcedler Against BY
Sylvester
Tedesco
President za �14N 2 9 ��� '
Adopted by Co il: Date Form Approved by City Attorney
.
Certified assed y uncil ec etary� BY
By ,
Appro by Mayor: Dat 3 ' Approved by Mayor for Submission to Council
By By
PUBLISNED FEB ? 19�
II
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[� C ITY OF SAl NT PAUL
w�. 4S1'
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OFFICE OF THE ClTY ATTORNEY
January 22, 1976 PIERRE N. REGNIER
�
Mr. Robert Schoenecker
President, E.D.M. , Inc.
c/o Armand Schoenecker �
1000 Edgertan Street
Saint Pau1, Minnesota
Dear Mr. Schoenecker:
Attached is a copy of a Resolution the City Council
will forma.11y approve on January 29, 1976. (You
should verify this date �aith the City Clerk) . If
you �aish, you ma.y appear to argue against its adoption
or may file written objections prior to its considera-
tion with the City Clerk.
Please call me if you have any questions .
Very truly yours,
. � �
. �£
PHILI B. BYR E
Deputy City Attorney
PBB:jr
Enc.
cc: Joseph F. Carchedi
Albert B. Olsony
City Hall, Saint Paui, Minnesota 55102
612 298-5121