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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