265913 WHI7E - CITV CLERK � � � �������
PINK - FINANCE GITY OF SAINT PAITL Council
CANARY - DEPARTMENT
� BLUE -MAYOR � Fll@ NO.
r
� o nci Re olution
Presented By � . ��
Referred To Committee: Date
Out of Committee By Date
WHEREAS, Mr. Joseph C. Wirrer is the holder of several
licenses issued by the City of Saint Paul, to-wit: On-Sale
Intoxicating Liquor License No. 8711; Sunday On-Sale Liquor
License No. 9216; and Restaurant C-2, Cigarette, Cigarette
Vending Ma.chine Operator (twa loca.tions), and Off-Sale Malt
Beverages License No. 9217; all of the said licenses to
expire January 31, 19�6; and
WHEREAS, License Inspector Joseph F. Carchedi, by letter
dated July 31, 1975, addressed to the licensee, notified the
licensee that a public hearing would be held before the License
Committee on August 13, 1975, to consider the recommended
revocation of On-Sale Liquor License No. 8711; which notice
was received and acknowledged as received by the licensee; and
WHEREAS, revocation was recommended based on the "(f)ailure
of owner-licensee to discharge responsibility for supervision
and control of patrons, with resulting disorderly behavior,
simple and aggravated assault, damage to property," as violative
of St. Paul Legislative Code �� 308.23(7) and 308.24; and
WHEREAS, a hearing was held before the Licenses Subcommittee
on August 13, 1975, at which the licensee was present and repre-
sented by his attorney, Mr. Joel Montpetit, and further, at which
the licensee was afforded an opportunity to testify and present
evidence, as well as to confront and examine adverse witnesses;
ana
COUIVCILMEN Requested by Department of:
Yeas Nays
Christensen
Hozza [n Favor
Levine
Rce�ler Against BY
Sylvester _
Tedesco
President Hunt
Form Approved by 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
WHITE - CITV CLERK COIlI1C11 �Rl����
� PINK - FINANCE GITY OF SAINT PAUL
CANARV - DEPARTMENT
BLUE - MAYOR File NO.
;� y � ` Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
5. The On-Sale licenses of the licensee are hereby
revoked on Wednesday, January 21, 1976, at
12:01 A.M. , unless prior to that date said licenses
have been transferred to a different licensee in
which or with whom the present licensee has no
financial interest, direct or indirect, and said
transfer is approved by the City Council; and
be it
FURTHER RESOLVED, That none of the above conditions or
restrictions and suspensions shall affect and apply to a
different or new licensee to whom the licenses may be transferred;
and, be it
FURTHER RESOLVED, That this Resolution be published once on
or before August 23, 19�5 as required by law.
COUIVCILMEN Requested by Department of:
Yeas Nays
Christensen �
I� Hunt In Favor
Levine �
Rcedler Against BY
Sylvester
Tedesco
President � gozza
Adopted by Council: Date �6 � � � Form Appr d by City ney
.
Certified d b Cou ' Se ta BY '
BY
Appro d Mayor: Date Au � �g/� Approved by Mayor for Submission to Council
B BY
pue�;s�n AtiG �319?5
������
WHEREAS, evidence and testimony was received by the
Subcommittee from Mr. Joseph F. Carchedi, License Inspector;
Lt. David Weida, Vice Unit; Lt. Robert Anderson; Sgt. Michael
McGinn; Capt. Will Jyrkas (all the aforesaid officers being
from the Saint Paul Police Department) ; Mr. James Mondo,
Mondo' s Restaurant; Mr. Young, Young' s TV Shop, Mr. Heroff,
Heroff' s Bakery; together with documentary exhibits A through
D; and
WHEREAS, there was evidence that the Little Dipper
Bar' s operations over the past two years, but particularly
coinciding with the lowering of the drinking age to 18, had
deteriorated through lack of supervision and attention by the
licensee; that this deterioration took the form of violations
of liquor ordinances, serving of already intoxicated patrons,
assaultive behavior, carrying out bottles and glasses into the
streets, destruction of nearby property, windows of neighbor-
ing businesses being broken by glasses taken from the licensed
premises, loud noise, loss of business in neighboring establish-
ments, throwing of bottles and glasses and fights both within
and without the establishments, assaults by intoxicated patrons
on police officers answering calls at and near the licensed
premises• that since the first of the year there had been twenty-
four (24� police incident calls involving the Little Dipper Bar,
and an additional fifty-seven (57) in the nearby area, many of
which were attributable to patrons of the Little Dipper; that
the owner is and has been in poor health, suffering from a heart
condition and diabetes, and is an "absentee owner" not exercising
needed supervision and control, who comes to the licensed premises
in the morning to take the cash proceeds, but does not rema.in or
come to the premises at any other time;• that the licensee has
attempted without success to hire security guards or bouncers; �
that the licensee is desirous of selling the establishment and
getting out of the liquor business and needs about ninety (90)
days to achieve this; and
WHEREAS, the Licenses Subcommittee, having heard and
considered all the evidence pertaining to the specific allegation
and conduct, proposed to the licensee a decision which would
permit the licensee to sell out the business rather than and
in lieu of losing it by revocation; a decision which both the
Chairma.n and counsel advised the licensee and his attorney would
require his consent and agreement to be effective; and
2�����
WHEREAS, the licensee and his attorney conferred,
requested a change which was agreed, and then indicated
their acceptance and agreement of the proposed decision
(which was thereupon unanimously approved by the Sub-
committee) , this decision being embodied in the "Resolved"
clause below; and
WHEREAS, a copy of this Resolution has been mailed to
the licensee and his attorney, advising that it will be
considered by the full Council on August 19, 1975; now,
therefore, be it
RESOLVED, That upon the unanimous motion of the
Licenses Subcommittee and consent of the licensee as
occurred August 13, 1975:
1. The Off-Sale Ma.lt Liquor License (part of
License No. 9217) is hereby revoked upon
the voluntary relinquishment of said license
by the licensee effective August 24, 1975 ; and
2. The On-Sale Licenses of the licensee are hereby
suspended for a period of seven (7) days,
beginning at 12:01 A.M. , Sunday, August 24,
1975, to and including August 31, 1.975 at 12:01
A.M. ; and
3. The licensee ma.y then operate the licensed
premises for a period of ninety (90) days,
from and after 12;00 noon, Sunday, August 31,
1975, to and ending at 10:00 P.M. on Thursday,
November 28, 1975; only on the condition that
the hours of operation of the establishment be
from 8:00 A.M. to 10:00 P.M. on weekdays and
Saturdays, and 12:00 noon to 10:00 P�. on
Sundays; and
4. The On-Sale Licenses of the licensee are then
sus ended for an additional period of fifty-three
(53} days, such period of suspension beginning
Friday, November 29, 1975, through and including
Tuesday, January 20, 1976; and