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01-866�r�e,�.,►�� - ��, aa, aoo� o � � � � � � L RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # 0 � � � �.(� Green Sheet # � �� 3 4� Date 1 WHEREAS, all licenses held by Metro Bar & Grill, d/b/a Arnellia's for the premises 2 located at 1183 University Avenue in Saint Paul (License ID# 54523) were suspended by the 3 Ciry Council pursuant to an adverse action, with said suspension to begin on Wednesday, 3une 6, 4 2001 at 12:01 a.m.; and 6 WHEREAS, at approximately 7:00 p.m. on Wednesday, June 6, 2001 a license inspector 7 went to the premises and observed that it was open and that people were present in the bu 8 drinking and no signs had been posted indicating that the premises were closed to the public; and 9 10 WIIEREAS, Saint Paul police officers also investigated the premises and observed that 11 the business was open and serving alcohol, and that the owner stated she had misunderstood the 12 13 14 15 16 17 18 19 20 21 22 23 24 date of the closing; and WHEREAS, the presumptive penalty for sale of alcohol while the license is under suspension is revocation, but the licensee states that the people present in the establishment were employees; and WHEREAS, private parties are not permitted in licensed establishxnents without the consent of the Office of LIEP, which had not given permission for and it is a violation of Saint Paul Legislative Code §409.07(c) to permit the consuxnption or display of alcohol in licensed establishments at any time when the sale of such alcohoi is prohibited, and therefore any consumption of alcohol at Amellia's on June 6, 2001 was a violation of the Legislative Code; now, therefare, be it 2 RESOLVED, that all licenses held by Metro Bar & Grill, d/b/a Arneilia's for the O\-�'G(,� 3 premises located at 1183 Univers �ty Avenue in Paul (License ID# 54523), be o d hereby 4 aze suspended for a period of�'day�, said �ay$ to be served�onc ent with �f the 5 fifteen days stayed under Council File #00-585, with the remainin ays o remain suspended 6 far eighteen mont is from the date of this resolution on the condition that there be no further 7 violarions. The ay suspension shall become effective at 12:01 a.m. on Wednesday, 8 September 12, 2001 and shall end at 11:59 p.m. orn6ee�ey, September �6, 2001. w � � Requested by Department of: BY: l ' .�1�� ` ' Fozm Approved ]�y City sY: V GC—l'/L[iil Approved by Mayor for Submission to Council By � �'l�r � Approved by Mayor: ic � �� f��//� Adopted by Council: Date _�:��Q` � Adoption Certified by Council S etary OFFICS OF LIEP Date: GREEN SHEET � Virginia Palmer August 2, zooi 266-8710 No . 1032730�_�� 1 &PARTPffiNT DIRECTOR 4 ITY CODNCIL 2 ITY ATTORNEY ITY CLERK ust be on Council Agenda by: �� D�$T DIRBCPOR IN. fi MGT. SVC. DIR. u st 22 2001 Consent 3 YOR (ox nssxsxaNx) OTAL # OF SIGNATIIRE PAGES 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution suspending for a period of five (5) days all Iicenses held by etro Bar & Grill, d.b.a. Arnellia's, locate& at 1183 University Avenue. COPIMGNDATIONS: APPROV6 (A) OR RSJECl (R) BRSONN. SHAVICS CONTAI\Cf5 MQST ANSWSR THS FOLL09]ING: PLANNING COF4IISSSON CIVIL SSRVICE CONAfI55ION 1. Has the person/firm ever worked under a contract for this department? CFB COMMITTEE BUSINHSS REVIEW COUNCIL YSS NO STAFF _ Has this person/firm ever been a City employee? DISTRICT COURT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPOxxS WHICH COUNCIL OBJECPIVE? Clirrent City employee? YES NO laia all 1BS answara oa a separate aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): F VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: d,t t u..aaec� AU6 � � 20�� ISADVANTAGES IF NOT APPROVED: TOTAL AM6UNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY Clrsyton M. Robiraon, Jc, City Attorney 01- t46 CITY OF SAINT PAITL crvrrDrvu,on Norm Colw�an, Mnyor 400 Ciry Hall Telephone: 651266-8770 ISWestKelloggBlvd. Facsimile:65l298-5619 Saint Paul, Minnesota SSIO? i July 31, 2001 NOTICE OF COUNCIL HEARING Arnellia Allen Arnellia's 1183 University Avenue Saint Paul, Minnesota 55104 RE: All licenses held by Metro Baz & Grill, Inc., d/b/a Arnellia's for the premises at 1183 University Avenue in Saint Paul License ID # 54523 Dear Ms. Allen: Please take notice that a hearing concerning the above-named estabiishment has been scheduled for 5:30 p.m., Wednesday, August 22, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. You will have an opportunity at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. The recommendation of the license office will be a 5-day suspension of your licenses. If you have any questions, please cali me at 266-8710. Very truly yours, V �/".c0� � `-'rR—�''r-�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Roger Curtis, Director, LIEP CYuistine Rozek, LIEP Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave. E., St. Paui, MN 55119 UNCONTESTED LICENSE HEARING ��-�� Licensee Name Address: Metro Bar & Grill, d/b/a Arnellia's 1183 University Avenue Council Hearing Date: August 22, 2001 Violation: Violation of previous council penalty C.F. 00-585 Date of Violation Place: June 6, 2001 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmentaf Protection: Five (5) Day Suspension of All Licenses Attachments: 1. Proposed resolution 2. 6/25/01 letter from Arnellia Allen to Virginia Palmer 3. Notice of Violation 4. 6/8/01 memo from Kris Schweinler to Christine Rozek 5. Police Report 6. 5/23/01 letter from Christine Rozek to Arnellia Allen, with attached copy of council resolutions C.F.00-585 and C.F.01- 494 ��E�� .l�y ? ,; �� 9 G�T'1,�� 6 ORREY � c� 1183 University Avenue West St. Paul, Minnesota 55104 (612)642-5975 June 25, 2001 Virginia D. Paimer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Dear Ms. Palmer: o�-rcc Please forgive the delay in responding to your letter of June 15, 2001. It was received on Friday, June 22" after 5:00 PM. Our mail is being held at the post office because we are not at the business to accept delivery. I do not dispute that Arneliia's was open on Wednesday June 6, 2001 when the License inspector stopped by. My recollection of the notice to close was that we were to close on Wednesday, June 6"' at 11:59 PM. We had every intention of closing at that time. Some of the employees had gathered to have a sort of fareweil party and those are the people who were in the club. When the notice was delivered, we read it and put it away for safe keeping, remembering that the ciosing date was June 6. By no means was this an intentional action. Customers, empioyees and lessees had ali been notified of the closure. We had made plans to do some clean-up and painting during the closure. The whole incident was prompted by the confusion of when the day begins. Please understand that this was a mistake. Please advise what steps I shou{d take at this point. Sincerely, (�'� . . L� � �� Arnellia Allen CITY OF SAINT PAUL Norm Coleman, Mny�or June 15, 2001 Amellia Allen Amellia's 1183 University Avenue Saint Paul, Minnesota 55104 OFFICF ' THE CITY ATTOIL�IEY Clayton M. ..oGinson, Jc, Cit}� Altorney R+ � f� ` V Civi! Divisiox 400 Ciry Nn!! 15 West Kellogg Blvd. Snint Paul, hfinnesotn 55102 NOTICE OF VIOLATION Te7ephone: 65! 166-8710 Facsimile: 65/ 295-5619 RE: All licenses held by Metro Bar & Grill, Inc., d/b/a Amellia's for the premises at 1183 University Avenue in Saint Paul License ID # 54523 Dear Ms. Allen: The Office of License Inspections and Environmental Protection has recommended adverse action against the licenses held by Metro Bar & Grill, Inc., d/b/a Arnellia's for the premises at 1183 University Avenue in Saint Paul. The basis for the recommendation is as follows: The Saint Paul City Council suspended the licenses held by Metro Bar & Grill, Inc., d/b/a Arnellia's for the premises at 1183 University Avenue in Saint Paul (License ID # 54523) under Council File #00-585 for a period of forty-fve days, fifteen of the days to be stayed. After appeal the suspension was upheld by the Court of Appeals, and the City Council passed a subsequent resolution which stated that: "the suspension shall become effective at 12:01 a.m. on Wednesday, June 6, 2001 and be in force unti111:59 p.m. on July 5, 2001" At approximately 7:00 p.m. on Wednesday, July 6, 2001, a license inspector went to the premises and observed that it was open and that customers were present in the bar drinking. If you do not dispute the above facts please send me a letter �vith 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 opportunity to appear and speak on your own behalf, or to have someone appear there for you. Page 2 Amellia Ailen June 15, 2001 01 -I't � On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Jud�e (ALJ). If you wish to have such a hearin�, please send me a letter stating that you are contestin� 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 will be. In either case, please let me know in writing no later than Monday, June 25, 2001, 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 will 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 attomey call me at 266-8710. Sincerely, � ,�� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, LIEP Cathy Lue, Community Organizer, Hamiine Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104-1832 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) 01-�� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMElITS, being first duly sworn, deposes and says that on June 1�, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Arnellia Al1en Arnellia's 1183 University Avenue St. Paul, MN. 55104 (which is the last known address of same, with postage prepaid, in the U Minnesota. Subscribed and sworn to before me this 18th day of June, 2001. _ / ///�_ ' Notary Public � �� PETER P. PANGBORN TiOTARY PUBLIC - MINNESOTA - MYCAMMtSSION EXPIRES JAN.3t, ZODS said person) depositing the OFFICE OF L[CENSE, INSPECTIONS AND (/' �� ENVIRON�IENTAL PROTECT[ON Roger Cunis, Director CITY OF SAINT PAUL Norm Co[eman, Mayor May 23, 2001 LOWRYPROFESSIONAL BUILDGVG Te[ephone: 65l-266-9090 350 St. Peter Street, Suite 300 Faesimile: 65[-166-9124 SaintPaul.hfinnesota55l02-I510 Web: www.cLslpaul.mn.us/(iep NOTICE OF LICENSE SUSPENSION Amellia Allen, President Metro Bar & Grill, Inc, dba Amellia's 1183 University Avenue West Saint Paul, MN 55104 Dear Ms. Allen: Enclosed is a copy of City Council Resolutions Number 00-585 & Ol -494 which suspends the On Sale Liquor and all supporting licenses issued to you by the City of Saint Paul for a period of foriy-five (45) days with fifteen {I S) days stayed for the following violation: Violations occurring on September 23, 1999 and October 8, 1999 of the condition on the licenses requiring that there be video surveillance cameras operating on the exterior of the buiiding and that tapes be maintained for seven days. The suspension was adopted by the Saint Paul City Council in final written form at the Council's regular meeting on May 16, 2001. The effect of this notice is that no business operations shall be permitted for thirty (30) days beginning at 12:01 a.m. on Wednesday, June 6, 2001 until 11:59 p.m. Thursday, July 5, 2001. This is a serious matter that demands your adherence. Absolutely no sale, consumption or display of alcohol shall be permitted at 1183 University Avenue West during this whole period. Please contact me at 266-9108 if you have any questions regarding this matter. Sincerely, �,°-,��:, � �� Christine A. Rozek Deputy Director CAR/lab : enclosures RECEIVED MaY 2 � 2av� cc: Westem District Commander-SPPD Roger Curtis, Director-LIEP Peter Pan�bom, Le�al Assistant Kris Schweinler, Senior License Inspector CiTY ATTORNEY MA`�-2001 15�43 City of Saint Paul T�il 6�. �55_ F.0 �2 Green Shcct R �Q�.�T� RESOLUTION Presented By Referred To 4 7 10 ll 12 13 14 15 16 17 ifi Committee: Date d3 WHEREAS, the Saint Paul Ciry Council suspended the licenses held by Metro Bar & Crrill, Inc., d/b/a Arnellia's for the premises at 1183 t7niversity Avcnue in Saint Paul (License 1D # 54523) under Council File n00-585 for a period of forty-five days, fifleen of the days to be stayed, and the remaining ihirty days to be sencd effective the third Wednesday following passage and approval of the resolution; and WHEREAS, the Licensee appealed the action of the Saint Paul City Cow�cil during which time the suspension of the licenses was stayed; and �VHEREAS, the decision of [he Minnesota Court of Appeals upheld the actian of the $aint Paul City Council, and the stay of the suspension should now be lifted and ihe suspension served; now, therefore, be it RESOLVEI�, thal the stay of suspension of the licenses hcld by Metro Bar & Grill, Inc., dlb/a Amellia's for the premises at 1183 University Avenue in Saint Paul (License ID # 54523) shall be revoked, and thc suspension shall become effectivc at 12:O1 a.m. on Wednesday, June 6, 2001 and be in forcz unril 11:59 p.m. on Thursday, July 5, 2001. P.equea'.e3 b� neFarcme:: o': t� �� =1: G��., �� "�— Fern App=eved by CiC7 Acconrey � E ,,, -:�� . ,�� L c��'-N.� Agp:o�ed ry N.a�o= £0: 5u+^�=eaior. [o r_cunc.l 9(. 11 \ � h-� __—"' ;,pg_oved b� Ctayor: � Da[e E/: CITX.OF SAI�tT PAUL, MIN1\�ESOTA TOTAL P.02 Acopce3 by Counc'_1: L'atc __�v� c� Q, AdCCUOn rerti'_ird by Couccil 9cc.FC =Y ` ORiGINAL :� 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3S RESOLUTION o►-�r�� Council File � he .. � QS Green Sheet # c�y3 y� RESOLVED, that the licenses held by Metro Bar & Grill, Inc. d/b/a Amellia's for the premises at 1183 University Avenue in Saint Paul (License ID # 54523) are hereby suspended for a period of forty-five days, fifteen of the days to be stayed, for the violations occurring on September 23, 1999 and October 8, 1999 of the condition on the licenses requirin� that there be video surveillance cameras operating on the exterior of the buildin� and that tapes be maintained for seven days. The suspension shall begin on the third �Vednesday following passage and approval of this resolution . FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated May 3, 2000 are adopted as the written findin�s and conclusions of the Council in this matter, escept as amended belo�v. The reasonin� of the Memorandum of the ALJ attached to the findings and conclusions is not adopted. The recommendation of the ALJ for dismissal of the adverse action against thz licenses is also not accepted. FURTHER RESOLVED, that the follo��•ing amendments to the ALJ Report aze hereby adopted: 1. Finding of Fact No. 3 is hereby amended to read as follows: , �3 . � , :� ,. . � � � �� . � . � � � Conditions have been placed on the ]icenses for Amellia's for a number of vears Thz conditions have bzen the result of discussions with the license holder, the neiehbors, the police and LIEP and have been desi�ned to deal �� ith oroblzms caused by �atrons of Amellia's Thzse restrictions includz imposing a drzss code on customers, requiring picture identification, banning indi��iduals from thz premises, screening music played on the premises for inappropriate content, using a metal dztector to exclude «eapons from the premises, and providing securit}• to ensure orderl}� behavior on the premises." 2. Findin� of Fact No. 5 is hereby amended to read as follo�vs: "�. After agreeing to the conditions re�arding the �•ideo .i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 sun•eillance system, a mana�er at Amellia's developed a system to be followed for taping. The first tape of the day would be started when the establishment w:as opened for business, around noon each day. �Vhen that tape ran out, another employee inserted the second tape. That tape would record until after closin�. Tapes were kept for a w�eek and then reused for taping. Larry Alfen testified that the tapes w•ere not alwavs started ri2ht at opening and that there was no one emplovee responsible for insurine that the taQe was operatino." 3. Findin� of Fact No. 6 is hereby amended to read as follo�vs: L•� 5. G� "6. In August, 1999, Amellia Allen discovered that one ofthe four surveillance cameras was not workin� properly. The camera operated properly in dayli�ht, but did not retum a clear image at night. The contractor who initially installed the system, Earl Allen, was contacted in eazly Au�ust, and he examined the system approximately one week later. The contractor concluded that a new camera �vas required and it was ordered from the manufacturer in Califomia. Jerry Allen paid the contractor to order the camera on August 13, 1999. The date that the camera was ordered by the contractor is unknown. The failure to have this fourth camera in �r•orkin� order �cas not listed as a basis for adverse action " Findin� of Fact No. 7 is hereby amended to read as follows: "7. The camera was deli�•ered to Amellia's in early September. The contractor u�as notified that the camera had arrived. The camera had still not been installed bv the October 7 1999 date and testimonv bv Jerrv Allen at the hearine was that he did no follow- up to see what the delav «�as in installin� the camera " Finding of Fact I�o. 8 is hzreby amended to read as follo«•s: "8. On September 23, 1999, a shooting incident occurred in the alley bzhind Amellia's. Testimon bv the police established that the parcicioants had bezn oatrons of Amellia's earlier in the eveninQ. Sergeant Munoz of thz Saint Paul Police Dzpartment n•ent to Amellia's to obtain the � ideotape of the ima�er}� captured by the cideo sun•eillance camera. Sergeant Munoz �vas informzd that therz was no tape a��ailable for that evening. Larry Allen had forgotten to put the second tape in that day." Finding of Fact I�o. 12 is hereby amended to read as follo«�s: "12. I�zar midnight on October 7, 1999, an altercation began bzt�veen patrons in Arnellia's. Those participating in the altercation werz remo� zd from the premises. The disputz 61-�G� bo -S8'� 1 � , 4 5 .- continued outside and someone fired shots. A car struck and killed a pedestrian in the parkino lot of the establishment. and the body was draoeed into the middle of University Avenue at that time. A large number of officers of the Saint Paul Police Department responded to the scene." Conclusion of Law No. 5 is hereby amended to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 "5. The Licensee is ' ,. , , . a � � � . � ... . „ in violation of the condition on its license relatine to maintainin� tapes from the video surc�eillance cameras on both Seotember 23 1999 when no tape was inserted and on October 7. 1999 when the tape �vas not operated until after the police had been called. � ..,.. , , � . �� 6 ► -8'�� 00 �Sg� 8. Conclusion of La�v IvTO. 6 is deleted and a new Conclusion of La«� No. 6 is adopted to read as follows:: -- . - - - - "6. The short time beh�een the Rvo violations and the fact that the second violation was «•ithin a week of Licensee bein� notified that LIEP u�ould be takins adverse action based uoon the first �•iolation reflect that the Licensee was not makino serious efforts to complv ��ith the condition." 9. Conclusion of La�� No. 7 is hereby amended to read as follows: "7. Thzre is ne a basis for taking adverse action a�ainst the Licensee under �eEiens � 310.06(b)(5) �� '",ff-,^v;-',-^o of the Saint Paul Le�islative Code fo; „ „ s� sEe�t�: failure to comol�• with the condition on the license requirin, that video sun�zillance cameras be maintained in eood n•orkine order and that taoes from the cameras bz maintained for seven davs. This Resolution is based on the record of the proceedin�s before the ALJ, including the hearin� on January 26, 2000, thz documznts and exhibits introduced therein, thz findin�s of fact and conclusions of la�� of the ALJ as referenced above, thz �vrittzn submissions by counsel for the parties, and the ar�uments and statements of the partizs and the deliberations of the Council '3 2 3 4 5 6 7 in open session on June 7, 2000. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge, and to the Licensee's attomey, S. Mark Vauvht. 00 -S$5 �' Reques:ed by Depaztment o°: By: ��»` � - �.� Approved by Mayor: Date (.V YL( �7 s.ey� Sy: Sy: Form Approved b City Attomey � H � �"^vL Approved by Mayor for S�nissioa [o Council By: Adopted by Coun:il: Daee �� Adoption CerCified by �ounci ecretary OFFICE OF LICENSE, INSPECTIONS AND ENVIAONMENTAL PROTECTfON p.� ` Roger Cunzs, Dirumr Ot .� I �- CITY OF SAINT PAUL Norm Coleman, Moyor LOWRYPROFESSIONAL BUILDlNG Telephone: 651-266-9090 350 St. PetvSbee; Suite 300 F¢csimile: 657-2669124 Sainf Paul, Minnesotn 55702-1516 A'eb: www.cis=p¢ul.mn.us/lfep June 8, 2001 To: Christine Rozek Deputy Director/ Liep From: Kris Schweinler G�� Sr. License Inspector Re: Arnellia's 1183 University Ave. On Wednesday June 6�` at approximately 5:45 I received a phone call from Virginia Palmer of the City Atty. Office. The City Atty. Had received a letter from Arnellia Allen requesting a stay of the 3Q day suspension. Ms. Palmer wanted to Irnow if the bar had closed as the.council resolution had ordered.. I informed her that I thought they had I had spoken with their attomey about posting the sign of closure and had been by there earlier in the afternoon and it was not open. At 7:03pm on 7une 6`� I drove to ll 83 University Ave. The door was open and when I went in I saw appro�mately 15-20 people in the bar. There were customers at the baz drinking other customers wandering near the kitchen area. I asked the female bartender if Amellia, Jerry, or Jackie were azound. She pointed to the south side of the baz and I saw Arnellia sitting at the bar with a drink in front of her. I asked her if she had the letter that I had delivered and the laminated notice that we had provided. She had it locked in a cabinet at the west end of the bar. She took the notice out and we read it together. At that time I told her that she should not be open and that she needed to close immediately. She showed me the letter that they had sent to Council Member 7erry Blakey. I told her that the council decision to suspend their license had to be observed and that she needed to close the bar. She said she thought it was tonight that the bar had to close. I again went over the time with her and stated that the bar should have closed one minute after midnight on that morning 7une 6`�. I then left the establishment and called the SPPD Communication Center and left a message for the squads to check and see if they closed. At approximately 8:15p.m. I received a phone call from Officer McManus at Arnellia's. He said that the door had been locked and it took a couple of minutes to get them to let him in. It appeared that they were closing and Amellia was trying to get people out. The CN for his report is 01-112-492. I again check the bar on June 7`" at 3:00 p.m. And the door was locked and the notice of closure was posted in the window of the door. Cc. Ginger Palmer Asst. City Atty. �,�„ �. ' Saint Paul Police Department Page i ORIGINAL OFFENSE / INCIDENT REPORT b��L �mp/aint Number Reference C.N. Primary oflense Date and Time of Report 1-112�� .� �� INFORMATION REPORT 06/06/2001 19:12 ArimaryReportingOtricer. JOHN W MCMANUS LocaSonofincident�183 UNIVERSITYAV W Primary offense detaih. Pnmary squad: � 37 Secondary reporting ofhcec Distnct WESTERN ( WEST.DIST/S.OFC ) Secondary oNense: Name of/ocah"on�usiness: ARNELLA'S Date & 6me of occurence: 06/06/2001 19:12 Arrestmade? Date 8 fime of amest: 'OLICE PERSONNEL INVOLVED Arrest made on view: Pursuit engaged: Anest made on wairant or previous CN: Weapons used6y poGce: Weapons used by suspect at time of anest: Resistance encountered: :HARGES (NONE) IAMES >WNER ALLEN, ARNELLA 1183UNIVERSITYAV STPAUL MN 55104 Physical Description Phones sex FEMALE Herght HairColor Home phone 651-642-5975 Race B�,p,CK Weig6t Hispanrc DOB Build Hair Type HairLength skin BROWN - MEDIUM Facia�tiair Age Physical Condifion Employment Consciousness Occupation Drug/alcoho/ use Employer ;RIME SCENE DESCRIPTORS Crime Scene Type RETAIL Descnp6on LIQUOR STORE Method & Point ofEntry Force used NOT FORCED Point of entry Method � 'ROPERTY (NONE) � � /EHICLE INFORMATION (NONE) � � =:'v;; '�"a' �— � �.k.c7 G.�-,--, ` � �� -' � ) J �` � � � y ��,. ' ' Saint Paul Police Department Pa z F ORIGINAL OFFENSE / INCIDENT REPORT p�.l� np/aint Number Reference C.N. Pnmary offense Date and T�me of Report :-112�� INFORMATION REPORT 06/06/2001 19:12 )LVABIUTY FACTORS Can suspectbeidentified? Cnme scene processed? Photos taken? Can 6e identified by Evidence tumed m? � !s sto/en property traceable? Property tumed in? � BLIC NARRATIVE iestigate 1183 University. Licensing issue. RRATIVE Squad 137 (McManus), was sent to 1183 University (Amella's), on a investigate. The comments to the call stated that Chris from Licensing, had advised dispatch that Arnella's liquor license was suspended as of 06-06-01 at 0001 hours. The comments stated that Arnella's was open for business and serving alcohol in violation of their suspension. myself and squad 136 (Degree) went to Arnella's and spoke to the owner identified as, ALLEN, ARNELLA B/F, DOB: 1183 UNIVERSITY AVE , ST PAUL, MN 55104 Home phone 651-642-5975. ALLEN admitted to being open for business and serving alcohol. She stated that she misunderstood a��d thought she could be open today until midnight. ALLEN stated she spoke to Chris in Licensing about the misunderstanding. I advised ALLEN we would be writing a report for the Licensing Division about the incident. ase distribute to: LEAP _CHF _Hom _Sex D/C _CO _Rptr I:Zd.^, _Burg _Vice _Juv _Theft _Nazco _Oper _Prop _SIU _PSC _CAU T&A _Lab _F&F _Other _Rec _Team _Au[o DAO V� �� RESOLVED, that all licenses held by Metro Bar & Grill, d/b/a Amellia's for the O\-�'�(� .s �premises located at 1183 Umversity Avenue m Saint Paul (License ID# 54523), be and hereby 4 are suspended for a period of-fue day�, said.fisr� day�to be served concurrent with firo�of the �.,� ,� 5 �#ee� days stayed under Council File #00-585, with the remaining.t�n �a`y`s to remain suspended 6 for eighteen months from the date of this resolution on the condition that there be no further 7 violations. Th�€tv suspension shall become effective at 12:01 a.m. on Wednesday, 8 September 12, 2001 and shall end at 11:59 p.m. on�ay, September �C 2001. `�'� � �� Requested by Department of: Adoption Certified by Council Secretary By: Form Approved }�y City By: � U KXiu.e�7 Approved by Mayor for Submission to Council By: By: Approved by Mayor: Date � ey: Adopted by Council: Date Council File # Q \ � � �.(� � 0 R 1 G I N A L �SOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Green Sheet # � ��Z� 3 �� Date I WHEREAS, all licenses held by Metro Baz & Grill, d/b/a Amellia's for the premises 2 located at 1183 University Avenue in Saint Paul (License ID# 54523) were suspended by the 3 City Council pursuant to an adverse action, with said suspension to begin on Wednesday, June 6, 4 2001 at 12:01 a.m.; and 5 6 WHEREAS, at approximately 7:00 p.m. on Wednesday, June 6, 2001 a license inspector 7 went to the premises and observed that it was open and that people were present in the bar 8 drinking and no signs had been posted indicating that the premises were closed to the public; and 10 11 12 13 � 16 17 WHEREAS, Saint Paul police officers also investigated the premises and observed that the business was open and serving alcohol, and that the owner stated she had misunderstood the date of the closing; and WHEREAS, the presumptive penalty for sale of alcohol while the license is under suspension is revocation, but the licensee states that the people present in the establishment were employees; and 18 WHEREAS, private parties aze not permitted in licensed establishments without the 19 consent of the Office of LIEP, which had not given pemussion for and it is a violation of Saint 20 Paul Legislative Code §409.07(c) to permit the consumption or display of alcohol in licensed 21 establishments at any time when the sale of such alcohol is prohibited, and therefore any 22 consumption of alcohol at Arnellia's on June 6, 2001 was a violation of the Legislative Code; ,� � � rl. r t_ _ > > 24 �._.I �r�e,�.,►�� - ��, aa, aoo� o � � � � � � L RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # 0 � � � �.(� Green Sheet # � �� 3 4� Date 1 WHEREAS, all licenses held by Metro Bar & Grill, d/b/a Arnellia's for the premises 2 located at 1183 University Avenue in Saint Paul (License ID# 54523) were suspended by the 3 Ciry Council pursuant to an adverse action, with said suspension to begin on Wednesday, 3une 6, 4 2001 at 12:01 a.m.; and 6 WHEREAS, at approximately 7:00 p.m. on Wednesday, June 6, 2001 a license inspector 7 went to the premises and observed that it was open and that people were present in the bu 8 drinking and no signs had been posted indicating that the premises were closed to the public; and 9 10 WIIEREAS, Saint Paul police officers also investigated the premises and observed that 11 the business was open and serving alcohol, and that the owner stated she had misunderstood the 12 13 14 15 16 17 18 19 20 21 22 23 24 date of the closing; and WHEREAS, the presumptive penalty for sale of alcohol while the license is under suspension is revocation, but the licensee states that the people present in the establishment were employees; and WHEREAS, private parties are not permitted in licensed establishxnents without the consent of the Office of LIEP, which had not given permission for and it is a violation of Saint Paul Legislative Code §409.07(c) to permit the consuxnption or display of alcohol in licensed establishments at any time when the sale of such alcohoi is prohibited, and therefore any consumption of alcohol at Amellia's on June 6, 2001 was a violation of the Legislative Code; now, therefare, be it 2 RESOLVED, that all licenses held by Metro Bar & Grill, d/b/a Arneilia's for the O\-�'G(,� 3 premises located at 1183 Univers �ty Avenue in Paul (License ID# 54523), be o d hereby 4 aze suspended for a period of�'day�, said �ay$ to be served�onc ent with �f the 5 fifteen days stayed under Council File #00-585, with the remainin ays o remain suspended 6 far eighteen mont is from the date of this resolution on the condition that there be no further 7 violarions. The ay suspension shall become effective at 12:01 a.m. on Wednesday, 8 September 12, 2001 and shall end at 11:59 p.m. orn6ee�ey, September �6, 2001. w � � Requested by Department of: BY: l ' .�1�� ` ' Fozm Approved ]�y City sY: V GC—l'/L[iil Approved by Mayor for Submission to Council BY � ��,�`� Approved by Mayor: ic � �� f��//� Adopted by Council: Date _�:��Q` � Adoption Certified by Council S etary OFFICS OF LIEP Date: GREEN SHEET � Virginia Palmer August 2, zooi 266-8710 No . 1032730�_�� 1 &PARTPffiNT DIRECTOR 4 ITY CODNCIL 2 ITY ATTORNEY ITY CLERK ust be on Council Agenda by: �� D�$T DIRBCPOR IN. fi MGT. SVC. DIR. u st 22 2001 Consent 3 YOR (ox nssxsxaNx) OTAL # OF SIGNATIIRE PAGES 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution suspending for a period of five (5) days all Iicenses held by etro Bar & Grill, d.b.a. Arnellia's, locate& at 1183 University Avenue. COPIMGNDATIONS: APPROV6 (A) OR RSJECl (R) BRSONN. SHAVICS CONTAI\Cf5 MQST ANSWSR THS FOLL09]ING: PLANNING COF4IISSSON CIVIL SSRVICE CONAfI55ION 1. Has the person/firm ever worked under a contract for this department? CFB COMMITTEE BUSINHSS REVIEW COUNCIL YSS NO STAFF _ Has this person/firm ever been a City employee? DISTRICT COURT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPOxxS WHICH COUNCIL OBJECPIVE? Clirrent City employee? YES NO laia all 1BS answara oa a separate aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): F VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: d,t t u..aaec� AU6 � � 20�� ISADVANTAGES IF NOT APPROVED: TOTAL AM6UNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY Clrsyton M. Robiraon, Jc, City Attorney 01- t46 CITY OF SAINT PAITL crvrrDrvu,on Norm Colw�an, Mnyor 400 Ciry Hall Telephone: 651266-8770 ISWestKelloggBlvd. Facsimile:65l298-5619 Saint Paul, Minnesota SSIO? i July 31, 2001 NOTICE OF COUNCIL HEARING Arnellia Allen Arnellia's 1183 University Avenue Saint Paul, Minnesota 55104 RE: All licenses held by Metro Baz & Grill, Inc., d/b/a Arnellia's for the premises at 1183 University Avenue in Saint Paul License ID # 54523 Dear Ms. Allen: Please take notice that a hearing concerning the above-named estabiishment has been scheduled for 5:30 p.m., Wednesday, August 22, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. You will have an opportunity at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. The recommendation of the license office will be a 5-day suspension of your licenses. If you have any questions, please cali me at 266-8710. Very truly yours, V �/".c0� � `-'rR—�''r-�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Roger Curtis, Director, LIEP CYuistine Rozek, LIEP Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave. E., St. Paui, MN 55119 UNCONTESTED LICENSE HEARING ��-�� Licensee Name Address: Metro Bar & Grill, d/b/a Arnellia's 1183 University Avenue Council Hearing Date: August 22, 2001 Violation: Violation of previous council penalty C.F. 00-585 Date of Violation Place: June 6, 2001 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmentaf Protection: Five (5) Day Suspension of All Licenses Attachments: 1. Proposed resolution 2. 6/25/01 letter from Arnellia Allen to Virginia Palmer 3. Notice of Violation 4. 6/8/01 memo from Kris Schweinler to Christine Rozek 5. Police Report 6. 5/23/01 letter from Christine Rozek to Arnellia Allen, with attached copy of council resolutions C.F.00-585 and C.F.01- 494 ��E�� .l�y ? ,; �� 9 G�T'1,�� 6 ORREY � c� 1183 University Avenue West St. Paul, Minnesota 55104 (612)642-5975 June 25, 2001 Virginia D. Paimer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Dear Ms. Palmer: o�-rcc Please forgive the delay in responding to your letter of June 15, 2001. It was received on Friday, June 22" after 5:00 PM. Our mail is being held at the post office because we are not at the business to accept delivery. I do not dispute that Arneliia's was open on Wednesday June 6, 2001 when the License inspector stopped by. My recollection of the notice to close was that we were to close on Wednesday, June 6"' at 11:59 PM. We had every intention of closing at that time. Some of the employees had gathered to have a sort of fareweil party and those are the people who were in the club. When the notice was delivered, we read it and put it away for safe keeping, remembering that the ciosing date was June 6. By no means was this an intentional action. Customers, empioyees and lessees had ali been notified of the closure. We had made plans to do some clean-up and painting during the closure. The whole incident was prompted by the confusion of when the day begins. Please understand that this was a mistake. Please advise what steps I shou{d take at this point. Sincerely, (�'� . . L� � �� Arnellia Allen CITY OF SAINT PAUL Norm Coleman, Mny�or June 15, 2001 Amellia Allen Amellia's 1183 University Avenue Saint Paul, Minnesota 55104 OFFICF ' THE CITY ATTOIL�IEY Clayton M. ..oGinson, Jc, Cit}� Altorney R+ � f� ` V Civi! Divisiox 400 Ciry Nn!! 15 West Kellogg Blvd. Snint Paul, hfinnesotn 55102 NOTICE OF VIOLATION Te7ephone: 65! 166-8710 Facsimile: 65/ 295-5619 RE: All licenses held by Metro Bar & Grill, Inc., d/b/a Amellia's for the premises at 1183 University Avenue in Saint Paul License ID # 54523 Dear Ms. Allen: The Office of License Inspections and Environmental Protection has recommended adverse action against the licenses held by Metro Bar & Grill, Inc., d/b/a Arnellia's for the premises at 1183 University Avenue in Saint Paul. The basis for the recommendation is as follows: The Saint Paul City Council suspended the licenses held by Metro Bar & Grill, Inc., d/b/a Arnellia's for the premises at 1183 University Avenue in Saint Paul (License ID # 54523) under Council File #00-585 for a period of forty-fve days, fifteen of the days to be stayed. After appeal the suspension was upheld by the Court of Appeals, and the City Council passed a subsequent resolution which stated that: "the suspension shall become effective at 12:01 a.m. on Wednesday, June 6, 2001 and be in force unti111:59 p.m. on July 5, 2001" At approximately 7:00 p.m. on Wednesday, July 6, 2001, a license inspector went to the premises and observed that it was open and that customers were present in the bar drinking. If you do not dispute the above facts please send me a letter �vith 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 opportunity to appear and speak on your own behalf, or to have someone appear there for you. Page 2 Amellia Ailen June 15, 2001 01 -I't � On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Jud�e (ALJ). If you wish to have such a hearin�, please send me a letter stating that you are contestin� 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 will be. In either case, please let me know in writing no later than Monday, June 25, 2001, 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 will 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 attomey call me at 266-8710. Sincerely, � ,�� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, LIEP Cathy Lue, Community Organizer, Hamiine Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104-1832 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) 01-�� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMElITS, being first duly sworn, deposes and says that on June 1�, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Arnellia Al1en Arnellia's 1183 University Avenue St. Paul, MN. 55104 (which is the last known address of same, with postage prepaid, in the U Minnesota. Subscribed and sworn to before me this 18th day of June, 2001. _ / ///�_ ' Notary Public � �� PETER P. PANGBORN TiOTARY PUBLIC - MINNESOTA - MYCAMMtSSION EXPIRES JAN.3t, ZODS said person) depositing the OFFICE OF L[CENSE, INSPECTIONS AND (/' �� ENVIRON�IENTAL PROTECT[ON Roger Cunis, Director CITY OF SAINT PAUL Norm Co[eman, Mayor May 23, 2001 LOWRYPROFESSIONAL BUILDGVG Te[ephone: 65l-266-9090 350 St. Peter Street, Suite 300 Faesimile: 65[-166-9124 SaintPaul.hfinnesota55l02-I510 Web: www.cLslpaul.mn.us/(iep NOTICE OF LICENSE SUSPENSION Amellia Allen, President Metro Bar & Grill, Inc, dba Amellia's 1183 University Avenue West Saint Paul, MN 55104 Dear Ms. Allen: Enclosed is a copy of City Council Resolutions Number 00-585 & Ol -494 which suspends the On Sale Liquor and all supporting licenses issued to you by the City of Saint Paul for a period of foriy-five (45) days with fifteen {I S) days stayed for the following violation: Violations occurring on September 23, 1999 and October 8, 1999 of the condition on the licenses requiring that there be video surveillance cameras operating on the exterior of the buiiding and that tapes be maintained for seven days. The suspension was adopted by the Saint Paul City Council in final written form at the Council's regular meeting on May 16, 2001. The effect of this notice is that no business operations shall be permitted for thirty (30) days beginning at 12:01 a.m. on Wednesday, June 6, 2001 until 11:59 p.m. Thursday, July 5, 2001. This is a serious matter that demands your adherence. Absolutely no sale, consumption or display of alcohol shall be permitted at 1183 University Avenue West during this whole period. Please contact me at 266-9108 if you have any questions regarding this matter. Sincerely, �,°-,��:, � �� Christine A. Rozek Deputy Director CAR/lab : enclosures RECEIVED MaY 2 � 2av� cc: Westem District Commander-SPPD Roger Curtis, Director-LIEP Peter Pan�bom, Le�al Assistant Kris Schweinler, Senior License Inspector CiTY ATTORNEY MA`�-2001 15�43 City of Saint Paul T�il 6�. �55_ F.0 �2 Green Shcct R �Q�.�T� RESOLUTION Presented By Referred To 4 7 10 ll 12 13 14 15 16 17 ifi Committee: Date d3 WHEREAS, the Saint Paul Ciry Council suspended the licenses held by Metro Bar & Crrill, Inc., d/b/a Arnellia's for the premises at 1183 t7niversity Avcnue in Saint Paul (License 1D # 54523) under Council File n00-585 for a period of forty-five days, fifleen of the days to be stayed, and the remaining ihirty days to be sencd effective the third Wednesday following passage and approval of the resolution; and WHEREAS, the Licensee appealed the action of the Saint Paul City Cow�cil during which time the suspension of the licenses was stayed; and �VHEREAS, the decision of [he Minnesota Court of Appeals upheld the actian of the $aint Paul City Council, and the stay of the suspension should now be lifted and ihe suspension served; now, therefore, be it RESOLVEI�, thal the stay of suspension of the licenses hcld by Metro Bar & Grill, Inc., dlb/a Amellia's for the premises at 1183 University Avenue in Saint Paul (License ID # 54523) shall be revoked, and thc suspension shall become effectivc at 12:O1 a.m. on Wednesday, June 6, 2001 and be in forcz unril 11:59 p.m. on Thursday, July 5, 2001. P.equea'.e3 b� neFarcme:: o': t� �� =1: G��., �� "�— Fern App=eved by CiC7 Acconrey � E ,,, -:�� . ,�� L c��'-N.� Agp:o�ed ry N.a�o= £0: 5u+^�=eaior. [o r_cunc.l 9(. 11 \ � h-� __—"' ;,pg_oved b� Ctayor: � Da[e E/: CITX.OF SAI�tT PAUL, MIN1\�ESOTA TOTAL P.02 Acopce3 by Counc'_1: L'atc __�v� c� Q, AdCCUOn rerti'_ird by Couccil 9cc.FC =Y ` ORiGINAL :� 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3S RESOLUTION o►-�r�� Council File � he .. � QS Green Sheet # c�y3 y� RESOLVED, that the licenses held by Metro Bar & Grill, Inc. d/b/a Amellia's for the premises at 1183 University Avenue in Saint Paul (License ID # 54523) are hereby suspended for a period of forty-five days, fifteen of the days to be stayed, for the violations occurring on September 23, 1999 and October 8, 1999 of the condition on the licenses requirin� that there be video surveillance cameras operating on the exterior of the buildin� and that tapes be maintained for seven days. The suspension shall begin on the third �Vednesday following passage and approval of this resolution . FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated May 3, 2000 are adopted as the written findin�s and conclusions of the Council in this matter, escept as amended belo�v. The reasonin� of the Memorandum of the ALJ attached to the findings and conclusions is not adopted. The recommendation of the ALJ for dismissal of the adverse action against thz licenses is also not accepted. FURTHER RESOLVED, that the follo��•ing amendments to the ALJ Report aze hereby adopted: 1. Finding of Fact No. 3 is hereby amended to read as follows: , �3 . � , :� ,. . � � � �� . � . � � � Conditions have been placed on the ]icenses for Amellia's for a number of vears Thz conditions have bzen the result of discussions with the license holder, the neiehbors, the police and LIEP and have been desi�ned to deal �� ith oroblzms caused by �atrons of Amellia's Thzse restrictions includz imposing a drzss code on customers, requiring picture identification, banning indi��iduals from thz premises, screening music played on the premises for inappropriate content, using a metal dztector to exclude «eapons from the premises, and providing securit}• to ensure orderl}� behavior on the premises." 2. Findin� of Fact No. 5 is hereby amended to read as follo�vs: "�. After agreeing to the conditions re�arding the �•ideo .i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 sun•eillance system, a mana�er at Amellia's developed a system to be followed for taping. The first tape of the day would be started when the establishment w:as opened for business, around noon each day. �Vhen that tape ran out, another employee inserted the second tape. That tape would record until after closin�. Tapes were kept for a w�eek and then reused for taping. Larry Alfen testified that the tapes w•ere not alwavs started ri2ht at opening and that there was no one emplovee responsible for insurine that the taQe was operatino." 3. Findin� of Fact No. 6 is hereby amended to read as follo�vs: L•� 5. G� "6. In August, 1999, Amellia Allen discovered that one ofthe four surveillance cameras was not workin� properly. The camera operated properly in dayli�ht, but did not retum a clear image at night. The contractor who initially installed the system, Earl Allen, was contacted in eazly Au�ust, and he examined the system approximately one week later. The contractor concluded that a new camera �vas required and it was ordered from the manufacturer in Califomia. Jerry Allen paid the contractor to order the camera on August 13, 1999. The date that the camera was ordered by the contractor is unknown. The failure to have this fourth camera in �r•orkin� order �cas not listed as a basis for adverse action " Findin� of Fact No. 7 is hereby amended to read as follows: "7. The camera was deli�•ered to Amellia's in early September. The contractor u�as notified that the camera had arrived. The camera had still not been installed bv the October 7 1999 date and testimonv bv Jerrv Allen at the hearine was that he did no follow- up to see what the delav «�as in installin� the camera " Finding of Fact I�o. 8 is hzreby amended to read as follo«•s: "8. On September 23, 1999, a shooting incident occurred in the alley bzhind Amellia's. Testimon bv the police established that the parcicioants had bezn oatrons of Amellia's earlier in the eveninQ. Sergeant Munoz of thz Saint Paul Police Dzpartment n•ent to Amellia's to obtain the � ideotape of the ima�er}� captured by the cideo sun•eillance camera. Sergeant Munoz �vas informzd that therz was no tape a��ailable for that evening. Larry Allen had forgotten to put the second tape in that day." Finding of Fact I�o. 12 is hereby amended to read as follo«�s: "12. I�zar midnight on October 7, 1999, an altercation began bzt�veen patrons in Arnellia's. Those participating in the altercation werz remo� zd from the premises. The disputz 61-�G� bo -S8'� 1 � , 4 5 .- continued outside and someone fired shots. A car struck and killed a pedestrian in the parkino lot of the establishment. and the body was draoeed into the middle of University Avenue at that time. A large number of officers of the Saint Paul Police Department responded to the scene." Conclusion of Law No. 5 is hereby amended to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 "5. The Licensee is ' ,. , , . a � � � . � ... . „ in violation of the condition on its license relatine to maintainin� tapes from the video surc�eillance cameras on both Seotember 23 1999 when no tape was inserted and on October 7. 1999 when the tape �vas not operated until after the police had been called. � ..,.. , , � . �� 6 ► -8'�� 00 �Sg� 8. Conclusion of La�v IvTO. 6 is deleted and a new Conclusion of La«� No. 6 is adopted to read as follows:: -- . - - - - "6. The short time beh�een the Rvo violations and the fact that the second violation was «•ithin a week of Licensee bein� notified that LIEP u�ould be takins adverse action based uoon the first �•iolation reflect that the Licensee was not makino serious efforts to complv ��ith the condition." 9. Conclusion of La�� No. 7 is hereby amended to read as follows: "7. Thzre is ne a basis for taking adverse action a�ainst the Licensee under �eEiens � 310.06(b)(5) �� '",ff-,^v;-',-^o of the Saint Paul Le�islative Code fo; „ „ s� sEe�t�: failure to comol�• with the condition on the license requirin, that video sun�zillance cameras be maintained in eood n•orkine order and that taoes from the cameras bz maintained for seven davs. This Resolution is based on the record of the proceedin�s before the ALJ, including the hearin� on January 26, 2000, thz documznts and exhibits introduced therein, thz findin�s of fact and conclusions of la�� of the ALJ as referenced above, thz �vrittzn submissions by counsel for the parties, and the ar�uments and statements of the partizs and the deliberations of the Council '3 2 3 4 5 6 7 in open session on June 7, 2000. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge, and to the Licensee's attomey, S. Mark Vauvht. 00 -S$5 �' Reques:ed by Depaztment o°: By: ��»` � - �.� Approved by Mayor: Date (.V YL( �7 s.ey� Sy: Sy: Form Approved b City Attomey � H � �"^vL Approved by Mayor for S�nissioa [o Council By: Adopted by Coun:il: Daee �� Adoption CerCified by �ounci ecretary OFFICE OF LICENSE, INSPECTIONS AND ENVIAONMENTAL PROTECTfON p.� ` Roger Cunzs, Dirumr Ot .� I �- CITY OF SAINT PAUL Norm Coleman, Moyor LOWRYPROFESSIONAL BUILDlNG Telephone: 651-266-9090 350 St. PetvSbee; Suite 300 F¢csimile: 657-2669124 Sainf Paul, Minnesotn 55702-1516 A'eb: www.cis=p¢ul.mn.us/lfep June 8, 2001 To: Christine Rozek Deputy Director/ Liep From: Kris Schweinler G�� Sr. License Inspector Re: Arnellia's 1183 University Ave. On Wednesday June 6�` at approximately 5:45 I received a phone call from Virginia Palmer of the City Atty. Office. The City Atty. Had received a letter from Arnellia Allen requesting a stay of the 3Q day suspension. Ms. Palmer wanted to Irnow if the bar had closed as the.council resolution had ordered.. I informed her that I thought they had I had spoken with their attomey about posting the sign of closure and had been by there earlier in the afternoon and it was not open. At 7:03pm on 7une 6`� I drove to ll 83 University Ave. The door was open and when I went in I saw appro�mately 15-20 people in the bar. There were customers at the baz drinking other customers wandering near the kitchen area. I asked the female bartender if Amellia, Jerry, or Jackie were azound. She pointed to the south side of the baz and I saw Arnellia sitting at the bar with a drink in front of her. I asked her if she had the letter that I had delivered and the laminated notice that we had provided. She had it locked in a cabinet at the west end of the bar. She took the notice out and we read it together. At that time I told her that she should not be open and that she needed to close immediately. She showed me the letter that they had sent to Council Member 7erry Blakey. I told her that the council decision to suspend their license had to be observed and that she needed to close the bar. She said she thought it was tonight that the bar had to close. I again went over the time with her and stated that the bar should have closed one minute after midnight on that morning 7une 6`�. I then left the establishment and called the SPPD Communication Center and left a message for the squads to check and see if they closed. At approximately 8:15p.m. I received a phone call from Officer McManus at Arnellia's. He said that the door had been locked and it took a couple of minutes to get them to let him in. It appeared that they were closing and Amellia was trying to get people out. The CN for his report is 01-112-492. I again check the bar on June 7`" at 3:00 p.m. And the door was locked and the notice of closure was posted in the window of the door. Cc. Ginger Palmer Asst. City Atty. �,�„ �. ' Saint Paul Police Department Page i ORIGINAL OFFENSE / INCIDENT REPORT b��L �mp/aint Number Reference C.N. Primary oflense Date and Time of Report 1-112�� .� �� INFORMATION REPORT 06/06/2001 19:12 ArimaryReportingOtricer. JOHN W MCMANUS LocaSonofincident�183 UNIVERSITYAV W Primary offense detaih. Pnmary squad: � 37 Secondary reporting ofhcec Distnct WESTERN ( WEST.DIST/S.OFC ) Secondary oNense: Name of/ocah"on�usiness: ARNELLA'S Date & 6me of occurence: 06/06/2001 19:12 Arrestmade? Date 8 fime of amest: 'OLICE PERSONNEL INVOLVED Arrest made on view: Pursuit engaged: Anest made on wairant or previous CN: Weapons used6y poGce: Weapons used by suspect at time of anest: Resistance encountered: :HARGES (NONE) IAMES >WNER ALLEN, ARNELLA 1183UNIVERSITYAV STPAUL MN 55104 Physical Description Phones sex FEMALE Herght HairColor Home phone 651-642-5975 Race B�,p,CK Weig6t Hispanrc DOB Build Hair Type HairLength skin BROWN - MEDIUM Facia�tiair Age Physical Condifion Employment Consciousness Occupation Drug/alcoho/ use Employer ;RIME SCENE DESCRIPTORS Crime Scene Type RETAIL Descnp6on LIQUOR STORE Method & Point ofEntry Force used NOT FORCED Point of entry Method � 'ROPERTY (NONE) � � /EHICLE INFORMATION (NONE) � � =:'v;; '�"a' �— � �.k.c7 G.�-,--, ` � �� -' � ) J �` � � � y ��,. ' ' Saint Paul Police Department Pa z F ORIGINAL OFFENSE / INCIDENT REPORT p�.l� np/aint Number Reference C.N. Pnmary offense Date and T�me of Report :-112�� INFORMATION REPORT 06/06/2001 19:12 )LVABIUTY FACTORS Can suspectbeidentified? Cnme scene processed? Photos taken? Can 6e identified by Evidence tumed m? � !s sto/en property traceable? Property tumed in? � BLIC NARRATIVE iestigate 1183 University. Licensing issue. RRATIVE Squad 137 (McManus), was sent to 1183 University (Amella's), on a investigate. The comments to the call stated that Chris from Licensing, had advised dispatch that Arnella's liquor license was suspended as of 06-06-01 at 0001 hours. The comments stated that Arnella's was open for business and serving alcohol in violation of their suspension. myself and squad 136 (Degree) went to Arnella's and spoke to the owner identified as, ALLEN, ARNELLA B/F, DOB: 1183 UNIVERSITY AVE , ST PAUL, MN 55104 Home phone 651-642-5975. ALLEN admitted to being open for business and serving alcohol. She stated that she misunderstood a��d thought she could be open today until midnight. ALLEN stated she spoke to Chris in Licensing about the misunderstanding. I advised ALLEN we would be writing a report for the Licensing Division about the incident. ase distribute to: LEAP _CHF _Hom _Sex D/C _CO _Rptr I:Zd.^, _Burg _Vice _Juv _Theft _Nazco _Oper _Prop _SIU _PSC _CAU T&A _Lab _F&F _Other _Rec _Team _Au[o DAO V� �� RESOLVED, that all licenses held by Metro Bar & Grill, d/b/a Amellia's for the O\-�'�(� .s �premises located at 1183 Umversity Avenue m Saint Paul (License ID# 54523), be and hereby 4 are suspended for a period of-fue day�, said.fisr� day�to be served concurrent with firo�of the �.,� ,� 5 �#ee� days stayed under Council File #00-585, with the remaining.t�n �a`y`s to remain suspended 6 for eighteen months from the date of this resolution on the condition that there be no further 7 violations. Th�€tv suspension shall become effective at 12:01 a.m. on Wednesday, 8 September 12, 2001 and shall end at 11:59 p.m. on�ay, September �C 2001. `�'� � �� Requested by Department of: Adoption Certified by Council Secretary By: Form Approved }�y City By: � U KXiu.e�7 Approved by Mayor for Submission to Council By: By: Approved by Mayor: Date � ey: Adopted by Council: Date Council File # Q \ � � �.(� � 0 R 1 G I N A L �SOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Green Sheet # � ��Z� 3 �� Date I WHEREAS, all licenses held by Metro Baz & Grill, d/b/a Amellia's for the premises 2 located at 1183 University Avenue in Saint Paul (License ID# 54523) were suspended by the 3 City Council pursuant to an adverse action, with said suspension to begin on Wednesday, June 6, 4 2001 at 12:01 a.m.; and 5 6 WHEREAS, at approximately 7:00 p.m. on Wednesday, June 6, 2001 a license inspector 7 went to the premises and observed that it was open and that people were present in the bar 8 drinking and no signs had been posted indicating that the premises were closed to the public; and 10 11 12 13 � 16 17 WHEREAS, Saint Paul police officers also investigated the premises and observed that the business was open and serving alcohol, and that the owner stated she had misunderstood the date of the closing; and WHEREAS, the presumptive penalty for sale of alcohol while the license is under suspension is revocation, but the licensee states that the people present in the establishment were employees; and 18 WHEREAS, private parties aze not permitted in licensed establishments without the 19 consent of the Office of LIEP, which had not given pemussion for and it is a violation of Saint 20 Paul Legislative Code §409.07(c) to permit the consumption or display of alcohol in licensed 21 establishments at any time when the sale of such alcohol is prohibited, and therefore any 22 consumption of alcohol at Arnellia's on June 6, 2001 was a violation of the Legislative Code; ,� � � rl. r t_ _ > > 24 �._.I �r�e,�.,►�� - ��, aa, aoo� o � � � � � � L RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # 0 � � � �.(� Green Sheet # � �� 3 4� Date 1 WHEREAS, all licenses held by Metro Bar & Grill, d/b/a Arnellia's for the premises 2 located at 1183 University Avenue in Saint Paul (License ID# 54523) were suspended by the 3 Ciry Council pursuant to an adverse action, with said suspension to begin on Wednesday, 3une 6, 4 2001 at 12:01 a.m.; and 6 WHEREAS, at approximately 7:00 p.m. on Wednesday, June 6, 2001 a license inspector 7 went to the premises and observed that it was open and that people were present in the bu 8 drinking and no signs had been posted indicating that the premises were closed to the public; and 9 10 WIIEREAS, Saint Paul police officers also investigated the premises and observed that 11 the business was open and serving alcohol, and that the owner stated she had misunderstood the 12 13 14 15 16 17 18 19 20 21 22 23 24 date of the closing; and WHEREAS, the presumptive penalty for sale of alcohol while the license is under suspension is revocation, but the licensee states that the people present in the establishment were employees; and WHEREAS, private parties are not permitted in licensed establishxnents without the consent of the Office of LIEP, which had not given permission for and it is a violation of Saint Paul Legislative Code §409.07(c) to permit the consuxnption or display of alcohol in licensed establishments at any time when the sale of such alcohoi is prohibited, and therefore any consumption of alcohol at Amellia's on June 6, 2001 was a violation of the Legislative Code; now, therefare, be it 2 RESOLVED, that all licenses held by Metro Bar & Grill, d/b/a Arneilia's for the O\-�'G(,� 3 premises located at 1183 Univers �ty Avenue in Paul (License ID# 54523), be o d hereby 4 aze suspended for a period of�'day�, said �ay$ to be served�onc ent with �f the 5 fifteen days stayed under Council File #00-585, with the remainin ays o remain suspended 6 far eighteen mont is from the date of this resolution on the condition that there be no further 7 violarions. The ay suspension shall become effective at 12:01 a.m. on Wednesday, 8 September 12, 2001 and shall end at 11:59 p.m. orn6ee�ey, September �6, 2001. w � � Requested by Department of: BY: l ' .�1�� ` ' Fozm Approved ]�y City sY: V GC—l'/L[iil Approved by Mayor for Submission to Council BY � ��,�`� Approved by Mayor: ic � �� f��//� Adopted by Council: Date _�:��Q` � Adoption Certified by Council S etary OFFICS OF LIEP Date: GREEN SHEET � Virginia Palmer August 2, zooi 266-8710 No . 1032730�_�� 1 &PARTPffiNT DIRECTOR 4 ITY CODNCIL 2 ITY ATTORNEY ITY CLERK ust be on Council Agenda by: �� D�$T DIRBCPOR IN. fi MGT. SVC. DIR. u st 22 2001 Consent 3 YOR (ox nssxsxaNx) OTAL # OF SIGNATIIRE PAGES 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution suspending for a period of five (5) days all Iicenses held by etro Bar & Grill, d.b.a. Arnellia's, locate& at 1183 University Avenue. COPIMGNDATIONS: APPROV6 (A) OR RSJECl (R) BRSONN. SHAVICS CONTAI\Cf5 MQST ANSWSR THS FOLL09]ING: PLANNING COF4IISSSON CIVIL SSRVICE CONAfI55ION 1. Has the person/firm ever worked under a contract for this department? CFB COMMITTEE BUSINHSS REVIEW COUNCIL YSS NO STAFF _ Has this person/firm ever been a City employee? DISTRICT COURT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPOxxS WHICH COUNCIL OBJECPIVE? Clirrent City employee? YES NO laia all 1BS answara oa a separate aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): F VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: d,t t u..aaec� AU6 � � 20�� ISADVANTAGES IF NOT APPROVED: TOTAL AM6UNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY Clrsyton M. Robiraon, Jc, City Attorney 01- t46 CITY OF SAINT PAITL crvrrDrvu,on Norm Colw�an, Mnyor 400 Ciry Hall Telephone: 651266-8770 ISWestKelloggBlvd. Facsimile:65l298-5619 Saint Paul, Minnesota SSIO? i July 31, 2001 NOTICE OF COUNCIL HEARING Arnellia Allen Arnellia's 1183 University Avenue Saint Paul, Minnesota 55104 RE: All licenses held by Metro Baz & Grill, Inc., d/b/a Arnellia's for the premises at 1183 University Avenue in Saint Paul License ID # 54523 Dear Ms. Allen: Please take notice that a hearing concerning the above-named estabiishment has been scheduled for 5:30 p.m., Wednesday, August 22, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. You will have an opportunity at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. The recommendation of the license office will be a 5-day suspension of your licenses. If you have any questions, please cali me at 266-8710. Very truly yours, V �/".c0� � `-'rR—�''r-�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Roger Curtis, Director, LIEP CYuistine Rozek, LIEP Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave. E., St. Paui, MN 55119 UNCONTESTED LICENSE HEARING ��-�� Licensee Name Address: Metro Bar & Grill, d/b/a Arnellia's 1183 University Avenue Council Hearing Date: August 22, 2001 Violation: Violation of previous council penalty C.F. 00-585 Date of Violation Place: June 6, 2001 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmentaf Protection: Five (5) Day Suspension of All Licenses Attachments: 1. Proposed resolution 2. 6/25/01 letter from Arnellia Allen to Virginia Palmer 3. Notice of Violation 4. 6/8/01 memo from Kris Schweinler to Christine Rozek 5. Police Report 6. 5/23/01 letter from Christine Rozek to Arnellia Allen, with attached copy of council resolutions C.F.00-585 and C.F.01- 494 ��E�� .l�y ? ,; �� 9 G�T'1,�� 6 ORREY � c� 1183 University Avenue West St. Paul, Minnesota 55104 (612)642-5975 June 25, 2001 Virginia D. Paimer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Dear Ms. Palmer: o�-rcc Please forgive the delay in responding to your letter of June 15, 2001. It was received on Friday, June 22" after 5:00 PM. Our mail is being held at the post office because we are not at the business to accept delivery. I do not dispute that Arneliia's was open on Wednesday June 6, 2001 when the License inspector stopped by. My recollection of the notice to close was that we were to close on Wednesday, June 6"' at 11:59 PM. We had every intention of closing at that time. Some of the employees had gathered to have a sort of fareweil party and those are the people who were in the club. When the notice was delivered, we read it and put it away for safe keeping, remembering that the ciosing date was June 6. By no means was this an intentional action. Customers, empioyees and lessees had ali been notified of the closure. We had made plans to do some clean-up and painting during the closure. The whole incident was prompted by the confusion of when the day begins. Please understand that this was a mistake. Please advise what steps I shou{d take at this point. Sincerely, (�'� . . L� � �� Arnellia Allen CITY OF SAINT PAUL Norm Coleman, Mny�or June 15, 2001 Amellia Allen Amellia's 1183 University Avenue Saint Paul, Minnesota 55104 OFFICF ' THE CITY ATTOIL�IEY Clayton M. ..oGinson, Jc, Cit}� Altorney R+ � f� ` V Civi! Divisiox 400 Ciry Nn!! 15 West Kellogg Blvd. Snint Paul, hfinnesotn 55102 NOTICE OF VIOLATION Te7ephone: 65! 166-8710 Facsimile: 65/ 295-5619 RE: All licenses held by Metro Bar & Grill, Inc., d/b/a Amellia's for the premises at 1183 University Avenue in Saint Paul License ID # 54523 Dear Ms. Allen: The Office of License Inspections and Environmental Protection has recommended adverse action against the licenses held by Metro Bar & Grill, Inc., d/b/a Arnellia's for the premises at 1183 University Avenue in Saint Paul. The basis for the recommendation is as follows: The Saint Paul City Council suspended the licenses held by Metro Bar & Grill, Inc., d/b/a Arnellia's for the premises at 1183 University Avenue in Saint Paul (License ID # 54523) under Council File #00-585 for a period of forty-fve days, fifteen of the days to be stayed. After appeal the suspension was upheld by the Court of Appeals, and the City Council passed a subsequent resolution which stated that: "the suspension shall become effective at 12:01 a.m. on Wednesday, June 6, 2001 and be in force unti111:59 p.m. on July 5, 2001" At approximately 7:00 p.m. on Wednesday, July 6, 2001, a license inspector went to the premises and observed that it was open and that customers were present in the bar drinking. If you do not dispute the above facts please send me a letter �vith 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 opportunity to appear and speak on your own behalf, or to have someone appear there for you. Page 2 Amellia Ailen June 15, 2001 01 -I't � On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Jud�e (ALJ). If you wish to have such a hearin�, please send me a letter stating that you are contestin� 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 will be. In either case, please let me know in writing no later than Monday, June 25, 2001, 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 will 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 attomey call me at 266-8710. Sincerely, � ,�� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, LIEP Cathy Lue, Community Organizer, Hamiine Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104-1832 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) 01-�� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMElITS, being first duly sworn, deposes and says that on June 1�, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Arnellia Al1en Arnellia's 1183 University Avenue St. Paul, MN. 55104 (which is the last known address of same, with postage prepaid, in the U Minnesota. Subscribed and sworn to before me this 18th day of June, 2001. _ / ///�_ ' Notary Public � �� PETER P. PANGBORN TiOTARY PUBLIC - MINNESOTA - MYCAMMtSSION EXPIRES JAN.3t, ZODS said person) depositing the OFFICE OF L[CENSE, INSPECTIONS AND (/' �� ENVIRON�IENTAL PROTECT[ON Roger Cunis, Director CITY OF SAINT PAUL Norm Co[eman, Mayor May 23, 2001 LOWRYPROFESSIONAL BUILDGVG Te[ephone: 65l-266-9090 350 St. Peter Street, Suite 300 Faesimile: 65[-166-9124 SaintPaul.hfinnesota55l02-I510 Web: www.cLslpaul.mn.us/(iep NOTICE OF LICENSE SUSPENSION Amellia Allen, President Metro Bar & Grill, Inc, dba Amellia's 1183 University Avenue West Saint Paul, MN 55104 Dear Ms. Allen: Enclosed is a copy of City Council Resolutions Number 00-585 & Ol -494 which suspends the On Sale Liquor and all supporting licenses issued to you by the City of Saint Paul for a period of foriy-five (45) days with fifteen {I S) days stayed for the following violation: Violations occurring on September 23, 1999 and October 8, 1999 of the condition on the licenses requiring that there be video surveillance cameras operating on the exterior of the buiiding and that tapes be maintained for seven days. The suspension was adopted by the Saint Paul City Council in final written form at the Council's regular meeting on May 16, 2001. The effect of this notice is that no business operations shall be permitted for thirty (30) days beginning at 12:01 a.m. on Wednesday, June 6, 2001 until 11:59 p.m. Thursday, July 5, 2001. This is a serious matter that demands your adherence. Absolutely no sale, consumption or display of alcohol shall be permitted at 1183 University Avenue West during this whole period. Please contact me at 266-9108 if you have any questions regarding this matter. Sincerely, �,°-,��:, � �� Christine A. Rozek Deputy Director CAR/lab : enclosures RECEIVED MaY 2 � 2av� cc: Westem District Commander-SPPD Roger Curtis, Director-LIEP Peter Pan�bom, Le�al Assistant Kris Schweinler, Senior License Inspector CiTY ATTORNEY MA`�-2001 15�43 City of Saint Paul T�il 6�. �55_ F.0 �2 Green Shcct R �Q�.�T� RESOLUTION Presented By Referred To 4 7 10 ll 12 13 14 15 16 17 ifi Committee: Date d3 WHEREAS, the Saint Paul Ciry Council suspended the licenses held by Metro Bar & Crrill, Inc., d/b/a Arnellia's for the premises at 1183 t7niversity Avcnue in Saint Paul (License 1D # 54523) under Council File n00-585 for a period of forty-five days, fifleen of the days to be stayed, and the remaining ihirty days to be sencd effective the third Wednesday following passage and approval of the resolution; and WHEREAS, the Licensee appealed the action of the Saint Paul City Cow�cil during which time the suspension of the licenses was stayed; and �VHEREAS, the decision of [he Minnesota Court of Appeals upheld the actian of the $aint Paul City Council, and the stay of the suspension should now be lifted and ihe suspension served; now, therefore, be it RESOLVEI�, thal the stay of suspension of the licenses hcld by Metro Bar & Grill, Inc., dlb/a Amellia's for the premises at 1183 University Avenue in Saint Paul (License ID # 54523) shall be revoked, and thc suspension shall become effectivc at 12:O1 a.m. on Wednesday, June 6, 2001 and be in forcz unril 11:59 p.m. on Thursday, July 5, 2001. P.equea'.e3 b� neFarcme:: o': t� �� =1: G��., �� "�— Fern App=eved by CiC7 Acconrey � E ,,, -:�� . ,�� L c��'-N.� Agp:o�ed ry N.a�o= £0: 5u+^�=eaior. [o r_cunc.l 9(. 11 \ � h-� __—"' ;,pg_oved b� Ctayor: � Da[e E/: CITX.OF SAI�tT PAUL, MIN1\�ESOTA TOTAL P.02 Acopce3 by Counc'_1: L'atc __�v� c� Q, AdCCUOn rerti'_ird by Couccil 9cc.FC =Y ` ORiGINAL :� 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3S RESOLUTION o►-�r�� Council File � he .. � QS Green Sheet # c�y3 y� RESOLVED, that the licenses held by Metro Bar & Grill, Inc. d/b/a Amellia's for the premises at 1183 University Avenue in Saint Paul (License ID # 54523) are hereby suspended for a period of forty-five days, fifteen of the days to be stayed, for the violations occurring on September 23, 1999 and October 8, 1999 of the condition on the licenses requirin� that there be video surveillance cameras operating on the exterior of the buildin� and that tapes be maintained for seven days. The suspension shall begin on the third �Vednesday following passage and approval of this resolution . FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated May 3, 2000 are adopted as the written findin�s and conclusions of the Council in this matter, escept as amended belo�v. The reasonin� of the Memorandum of the ALJ attached to the findings and conclusions is not adopted. The recommendation of the ALJ for dismissal of the adverse action against thz licenses is also not accepted. FURTHER RESOLVED, that the follo��•ing amendments to the ALJ Report aze hereby adopted: 1. Finding of Fact No. 3 is hereby amended to read as follows: , �3 . � , :� ,. . � � � �� . � . � � � Conditions have been placed on the ]icenses for Amellia's for a number of vears Thz conditions have bzen the result of discussions with the license holder, the neiehbors, the police and LIEP and have been desi�ned to deal �� ith oroblzms caused by �atrons of Amellia's Thzse restrictions includz imposing a drzss code on customers, requiring picture identification, banning indi��iduals from thz premises, screening music played on the premises for inappropriate content, using a metal dztector to exclude «eapons from the premises, and providing securit}• to ensure orderl}� behavior on the premises." 2. Findin� of Fact No. 5 is hereby amended to read as follo�vs: "�. After agreeing to the conditions re�arding the �•ideo .i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 sun•eillance system, a mana�er at Amellia's developed a system to be followed for taping. The first tape of the day would be started when the establishment w:as opened for business, around noon each day. �Vhen that tape ran out, another employee inserted the second tape. That tape would record until after closin�. Tapes were kept for a w�eek and then reused for taping. Larry Alfen testified that the tapes w•ere not alwavs started ri2ht at opening and that there was no one emplovee responsible for insurine that the taQe was operatino." 3. Findin� of Fact No. 6 is hereby amended to read as follo�vs: L•� 5. G� "6. In August, 1999, Amellia Allen discovered that one ofthe four surveillance cameras was not workin� properly. The camera operated properly in dayli�ht, but did not retum a clear image at night. The contractor who initially installed the system, Earl Allen, was contacted in eazly Au�ust, and he examined the system approximately one week later. The contractor concluded that a new camera �vas required and it was ordered from the manufacturer in Califomia. Jerry Allen paid the contractor to order the camera on August 13, 1999. The date that the camera was ordered by the contractor is unknown. The failure to have this fourth camera in �r•orkin� order �cas not listed as a basis for adverse action " Findin� of Fact No. 7 is hereby amended to read as follows: "7. The camera was deli�•ered to Amellia's in early September. The contractor u�as notified that the camera had arrived. The camera had still not been installed bv the October 7 1999 date and testimonv bv Jerrv Allen at the hearine was that he did no follow- up to see what the delav «�as in installin� the camera " Finding of Fact I�o. 8 is hzreby amended to read as follo«•s: "8. On September 23, 1999, a shooting incident occurred in the alley bzhind Amellia's. Testimon bv the police established that the parcicioants had bezn oatrons of Amellia's earlier in the eveninQ. Sergeant Munoz of thz Saint Paul Police Dzpartment n•ent to Amellia's to obtain the � ideotape of the ima�er}� captured by the cideo sun•eillance camera. Sergeant Munoz �vas informzd that therz was no tape a��ailable for that evening. Larry Allen had forgotten to put the second tape in that day." Finding of Fact I�o. 12 is hereby amended to read as follo«�s: "12. I�zar midnight on October 7, 1999, an altercation began bzt�veen patrons in Arnellia's. Those participating in the altercation werz remo� zd from the premises. The disputz 61-�G� bo -S8'� 1 � , 4 5 .- continued outside and someone fired shots. A car struck and killed a pedestrian in the parkino lot of the establishment. and the body was draoeed into the middle of University Avenue at that time. A large number of officers of the Saint Paul Police Department responded to the scene." Conclusion of Law No. 5 is hereby amended to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 "5. The Licensee is ' ,. , , . a � � � . � ... . „ in violation of the condition on its license relatine to maintainin� tapes from the video surc�eillance cameras on both Seotember 23 1999 when no tape was inserted and on October 7. 1999 when the tape �vas not operated until after the police had been called. � ..,.. , , � . �� 6 ► -8'�� 00 �Sg� 8. Conclusion of La�v IvTO. 6 is deleted and a new Conclusion of La«� No. 6 is adopted to read as follows:: -- . - - - - "6. The short time beh�een the Rvo violations and the fact that the second violation was «•ithin a week of Licensee bein� notified that LIEP u�ould be takins adverse action based uoon the first �•iolation reflect that the Licensee was not makino serious efforts to complv ��ith the condition." 9. Conclusion of La�� No. 7 is hereby amended to read as follows: "7. Thzre is ne a basis for taking adverse action a�ainst the Licensee under �eEiens � 310.06(b)(5) �� '",ff-,^v;-',-^o of the Saint Paul Le�islative Code fo; „ „ s� sEe�t�: failure to comol�• with the condition on the license requirin, that video sun�zillance cameras be maintained in eood n•orkine order and that taoes from the cameras bz maintained for seven davs. This Resolution is based on the record of the proceedin�s before the ALJ, including the hearin� on January 26, 2000, thz documznts and exhibits introduced therein, thz findin�s of fact and conclusions of la�� of the ALJ as referenced above, thz �vrittzn submissions by counsel for the parties, and the ar�uments and statements of the partizs and the deliberations of the Council '3 2 3 4 5 6 7 in open session on June 7, 2000. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge, and to the Licensee's attomey, S. Mark Vauvht. 00 -S$5 �' Reques:ed by Depaztment o°: By: ��»` � - �.� Approved by Mayor: Date (.V YL( �7 s.ey� Sy: Sy: Form Approved b City Attomey � H � �"^vL Approved by Mayor for S�nissioa [o Council By: Adopted by Coun:il: Daee �� Adoption CerCified by �ounci ecretary OFFICE OF LICENSE, INSPECTIONS AND ENVIAONMENTAL PROTECTfON p.� ` Roger Cunzs, Dirumr Ot .� I �- CITY OF SAINT PAUL Norm Coleman, Moyor LOWRYPROFESSIONAL BUILDlNG Telephone: 651-266-9090 350 St. PetvSbee; Suite 300 F¢csimile: 657-2669124 Sainf Paul, Minnesotn 55702-1516 A'eb: www.cis=p¢ul.mn.us/lfep June 8, 2001 To: Christine Rozek Deputy Director/ Liep From: Kris Schweinler G�� Sr. License Inspector Re: Arnellia's 1183 University Ave. On Wednesday June 6�` at approximately 5:45 I received a phone call from Virginia Palmer of the City Atty. Office. The City Atty. Had received a letter from Arnellia Allen requesting a stay of the 3Q day suspension. Ms. Palmer wanted to Irnow if the bar had closed as the.council resolution had ordered.. I informed her that I thought they had I had spoken with their attomey about posting the sign of closure and had been by there earlier in the afternoon and it was not open. At 7:03pm on 7une 6`� I drove to ll 83 University Ave. The door was open and when I went in I saw appro�mately 15-20 people in the bar. There were customers at the baz drinking other customers wandering near the kitchen area. I asked the female bartender if Amellia, Jerry, or Jackie were azound. She pointed to the south side of the baz and I saw Arnellia sitting at the bar with a drink in front of her. I asked her if she had the letter that I had delivered and the laminated notice that we had provided. She had it locked in a cabinet at the west end of the bar. She took the notice out and we read it together. At that time I told her that she should not be open and that she needed to close immediately. She showed me the letter that they had sent to Council Member 7erry Blakey. I told her that the council decision to suspend their license had to be observed and that she needed to close the bar. She said she thought it was tonight that the bar had to close. I again went over the time with her and stated that the bar should have closed one minute after midnight on that morning 7une 6`�. I then left the establishment and called the SPPD Communication Center and left a message for the squads to check and see if they closed. At approximately 8:15p.m. I received a phone call from Officer McManus at Arnellia's. He said that the door had been locked and it took a couple of minutes to get them to let him in. It appeared that they were closing and Amellia was trying to get people out. The CN for his report is 01-112-492. I again check the bar on June 7`" at 3:00 p.m. And the door was locked and the notice of closure was posted in the window of the door. Cc. Ginger Palmer Asst. City Atty. �,�„ �. ' Saint Paul Police Department Page i ORIGINAL OFFENSE / INCIDENT REPORT b��L �mp/aint Number Reference C.N. Primary oflense Date and Time of Report 1-112�� .� �� INFORMATION REPORT 06/06/2001 19:12 ArimaryReportingOtricer. JOHN W MCMANUS LocaSonofincident�183 UNIVERSITYAV W Primary offense detaih. Pnmary squad: � 37 Secondary reporting ofhcec Distnct WESTERN ( WEST.DIST/S.OFC ) Secondary oNense: Name of/ocah"on�usiness: ARNELLA'S Date & 6me of occurence: 06/06/2001 19:12 Arrestmade? Date 8 fime of amest: 'OLICE PERSONNEL INVOLVED Arrest made on view: Pursuit engaged: Anest made on wairant or previous CN: Weapons used6y poGce: Weapons used by suspect at time of anest: Resistance encountered: :HARGES (NONE) IAMES >WNER ALLEN, ARNELLA 1183UNIVERSITYAV STPAUL MN 55104 Physical Description Phones sex FEMALE Herght HairColor Home phone 651-642-5975 Race B�,p,CK Weig6t Hispanrc DOB Build Hair Type HairLength skin BROWN - MEDIUM Facia�tiair Age Physical Condifion Employment Consciousness Occupation Drug/alcoho/ use Employer ;RIME SCENE DESCRIPTORS Crime Scene Type RETAIL Descnp6on LIQUOR STORE Method & Point ofEntry Force used NOT FORCED Point of entry Method � 'ROPERTY (NONE) � � /EHICLE INFORMATION (NONE) � � =:'v;; '�"a' �— � �.k.c7 G.�-,--, ` � �� -' � ) J �` � � � y ��,. ' ' Saint Paul Police Department Pa z F ORIGINAL OFFENSE / INCIDENT REPORT p�.l� np/aint Number Reference C.N. Pnmary offense Date and T�me of Report :-112�� INFORMATION REPORT 06/06/2001 19:12 )LVABIUTY FACTORS Can suspectbeidentified? Cnme scene processed? Photos taken? Can 6e identified by Evidence tumed m? � !s sto/en property traceable? Property tumed in? � BLIC NARRATIVE iestigate 1183 University. Licensing issue. RRATIVE Squad 137 (McManus), was sent to 1183 University (Amella's), on a investigate. The comments to the call stated that Chris from Licensing, had advised dispatch that Arnella's liquor license was suspended as of 06-06-01 at 0001 hours. The comments stated that Arnella's was open for business and serving alcohol in violation of their suspension. myself and squad 136 (Degree) went to Arnella's and spoke to the owner identified as, ALLEN, ARNELLA B/F, DOB: 1183 UNIVERSITY AVE , ST PAUL, MN 55104 Home phone 651-642-5975. ALLEN admitted to being open for business and serving alcohol. She stated that she misunderstood a��d thought she could be open today until midnight. ALLEN stated she spoke to Chris in Licensing about the misunderstanding. I advised ALLEN we would be writing a report for the Licensing Division about the incident. ase distribute to: LEAP _CHF _Hom _Sex D/C _CO _Rptr I:Zd.^, _Burg _Vice _Juv _Theft _Nazco _Oper _Prop _SIU _PSC _CAU T&A _Lab _F&F _Other _Rec _Team _Au[o DAO V� �� RESOLVED, that all licenses held by Metro Bar & Grill, d/b/a Amellia's for the O\-�'�(� .s �premises located at 1183 Umversity Avenue m Saint Paul (License ID# 54523), be and hereby 4 are suspended for a period of-fue day�, said.fisr� day�to be served concurrent with firo�of the �.,� ,� 5 �#ee� days stayed under Council File #00-585, with the remaining.t�n �a`y`s to remain suspended 6 for eighteen months from the date of this resolution on the condition that there be no further 7 violations. Th�€tv suspension shall become effective at 12:01 a.m. on Wednesday, 8 September 12, 2001 and shall end at 11:59 p.m. on�ay, September �C 2001. `�'� � �� Requested by Department of: Adoption Certified by Council Secretary By: Form Approved }�y City By: � U KXiu.e�7 Approved by Mayor for Submission to Council By: By: Approved by Mayor: Date � ey: Adopted by Council: Date Council File # Q \ � � �.(� � 0 R 1 G I N A L �SOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Green Sheet # � ��Z� 3 �� Date I WHEREAS, all licenses held by Metro Baz & Grill, d/b/a Amellia's for the premises 2 located at 1183 University Avenue in Saint Paul (License ID# 54523) were suspended by the 3 City Council pursuant to an adverse action, with said suspension to begin on Wednesday, June 6, 4 2001 at 12:01 a.m.; and 5 6 WHEREAS, at approximately 7:00 p.m. on Wednesday, June 6, 2001 a license inspector 7 went to the premises and observed that it was open and that people were present in the bar 8 drinking and no signs had been posted indicating that the premises were closed to the public; and 10 11 12 13 � 16 17 WHEREAS, Saint Paul police officers also investigated the premises and observed that the business was open and serving alcohol, and that the owner stated she had misunderstood the date of the closing; and WHEREAS, the presumptive penalty for sale of alcohol while the license is under suspension is revocation, but the licensee states that the people present in the establishment were employees; and 18 WHEREAS, private parties aze not permitted in licensed establishments without the 19 consent of the Office of LIEP, which had not given pemussion for and it is a violation of Saint 20 Paul Legislative Code §409.07(c) to permit the consumption or display of alcohol in licensed 21 establishments at any time when the sale of such alcohol is prohibited, and therefore any 22 consumption of alcohol at Arnellia's on June 6, 2001 was a violation of the Legislative Code; ,� � � rl. r t_ _ > > 24 �._.I