The URL can be used to link to this page

01-913CouncIl File # p� q�3 OR►GI�,�L RESOLUTION CITY OF SAINT PALIL, MINNESOTA GreenSheet# �03g� �7 Presented By Referred To Comxnittee: Date 1 2 3 4 5 6 7 8 RESOLVED, that all licenses heid by East Side Hospitality, Inc. d/b/a Hillcrest Entertainment Center (License ID No. 82839), located at 1560 White Bear Avenue North in Saint Paul are hereby suspended for a period of ten (10) days beginning at 12:01 a.m. on Wednesday, September 26, 2001 and ending at 11:59 p.m. on Friday, October 5, 2001 for the violation of Lapse in Liquor Liability Insurance. This Resolution and the action taken above are based upon the facts contained in the July 23, 2001 Notice of Violarion letter to the licensee. The licensee does not dispute the facts of the violation. Requested by Department of: Certified by Council Secretary B y' � � �� Approved by Mayor: BY: iA"� �T , "'�.(N`� Form Approved by City Attorney $Y � V ChD.I�° X ) v ��-,(,°� Approved by Mayor for Submission to Council Byc Byc Adopted by Co¢ncil: Date JV„�� ) �p` —,---� OFFICS oF LIEP Date: GREEN SHEET Virginia Palmer August 14, 2001 266-8710 No. 103838 �� 1 HPPS2TPffiNT DIRHClOR 3 ITY NDNCIL � 2 ITY ATTORNSY ITY Q,ERR ust be on Council A enda by: �°° �r DIRSCTOR IN. fi MGT. SVC. DIA. � YOR (OR ASSISTANP) OTAL # OF SIGNATUR$ PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution suspending all licenses held by East Side Hospitality, Inc. d.b.a_ illcrest Entertainment Center, located at 1560 White Bear Avenue, for ten ays. COMMENDATIONS: APPROVE (A) OR RSJECf (R) HRSOfAL S8RVIC8 CONTRI�CfS MQST ANSWffit T88 POLLOi4IIiG: PLANNING CONAfI5SI0N CIVIL SEAVIC£ COMMISSION 1. Aas the person/firm ever worked under a contract for this department? CIB COMMITTEE BUSINESS R£VIEW COUNCIL YES NO STAFP _ Has this person/firm ever been a City employee? DI57RZCP COURT YES NO Does this person/firm possess a skill not normally possessed by any PORTS S7HICH COUNCIL OHJ&CTIVE? Clnrrent City employee? YES NO lain all Y85 aaswers oa a aeparate aheet aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): VANTAGES IF APPROVED: �� ISADVANTAGES IF APPROVED: DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) �`qLSTlG� �3�'dTCfT �'i@RtBf �'. 41 _ .. .. v'�.'M"c'�4A� Vwxrn. .�..� _ � .�.� �.. �:. CITY OF SA1NT PAUL Norm Colemnn, Mayor f�ll�USt 13� 2�01 OFFICE OF THE CITY ATTORNEY C[aymrt M. Robinson, Jc, City A#orrtey a' �,,3 civirDivision 400CityHa1[ Telephone:651266-87/0 TSWestKel[oggBlvd. Facsimi1e:65I298-5619 Saint P¢ul, Minnesot¢ 55702 NOTICE OF COUNCIL MEETING Charles Senkler Hillcrest Entertainment Center 1560 White Bear Avenue Saint Paul, Minnsota 55106 RE: All licenses held by East Side Hospitality, Inc., d/b/a Hillcrest Entertainment Center for the premises located at 1560 White Beaz Avenue in Saint Paul License ID #: 82839 Dear Mr. Senkler: Please take notice that this matter has been set on the Consent Agenda for the Council meeting scheduled for 3:30 p.m., Wednesday, September 5, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enciosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter in that the facts contained in the Notice of Violation concerning the lapse in liquor liability insurance have not been denied. The recommendation of the license office will be for a 10-day suspension of your licenses. If you have any questions, please call me at 266-8710. Very truly yours, '-�/ �l G�.{/�,,.�� Virginia . Palmer Assistant City Attorney ca Charles Senkler, 1889 Fairmount Ave., St. Paul, MN 55105 Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 4, O 1-°1 �?� UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Hearing Date: Violation: Place: Presumptive Penalty: East Side Hospitality, Inc. d/b/a Hillcrest Entertainment Center 1560 White Bear Avenue North Wednesday, September 5, 2001 Lapse in Liquor Liability Insurance Licensed Premises 10-Day Suspension of Licenses Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 10-Day Suspension of Licenses Attachments: 1. Proposed resolution 2. Notice of Violation 3. 7/6/01 letter from Kris Schweinler to licensee 4. License information OFFICr F THE CITY ATTORNEY ,� Clnylox A. abiiison, Jc, Ciry A[torney Q, � CITY OF SAINT PAUL Civil Division Norm Colemnn, Mn}'or 400 Ciry Hn11 TelepGone: 65! 166-87I0 I.i West Kellogg Blyd. Fncsimi/e: 651 298-56l9 Snin[ Paxl, Minnetota 55/0? � 7uly 23, 2001 NOTICE OF VIOLATION Charles Senkler Hillcrest Entertainment Center 1560 White Bear Avenue Saint Paul, Minnsota 55106 RE: All licenses held by East Side Hospitality, Inc., d/b/a Hillcrest Entertainment Center for the premises located at 1560 White Bear Avenue in Saint Paul License ID #: 82839 Dear Mr. Senkler: The Office of License, Inspections and Environmental ProYection has recommended that adverse action be taken against the licenses held by East Side Hospitality, Inc., d/b/a Hillcrest Entertainment Center for the premises located at 1560 White Bear Avenue in Saint Paul. The basis for the adverse action is as follows: On July 6, 2001 you were notified by a letter from the Office of LIEP that they had been informed that your liquor liabitity insurance had expired as of June 27, 2001 and that you needed to provide proof of replacement coverage with no lapse in coverage dates. Replacement insurance was not obtained until July 6, 2001, leaving a lapse in insurattce coverage for nine days. If you do not dispute the above facts please send me a letter with 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 appeaz there for you. The recommendation of the licensin� office is for a 10-day suspension of your license pursuant to the penalty matrix contained in St. V Paul Legistative Code §409.26. Page 2 Charles Senkler July 23, 2001 ��.1�'� On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearin� before an Administrative Law Jud�e (ALJ). If you wish to have such a hearing, please send me a letter statin� that you are contestin� the facts. You will then be sent a"Notice of Hearin�," 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 Thursday, August 2, 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 St. Paul City Council where it will be put on the Consent Agenda during which no discussion is allowed and the recommended penalty will be imposed. 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 Attorney cc: Charles Senkler, 1889 Fainnount Ave., St. Paul, MN 55105 Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 oi-`t�3 STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on Ju1y 23, 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: Charles Senkler Hillcrest Entertainment Center 1560 White Bear Avenue St. Paul, MN. 55106 Charles Senkler 1889 Fairmount Avenue St. Paul, MN. 55105 (which is the last known addresses of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �—� ,. � //'S JOANNE G. Subscribed and sworn this 23rd of Ju 2 � Notary Public to before me : _:. . . >-�,�:.._<.,�;- .,,-..:,:>-. -. ' ,,:�� a� , PtTErt Y PA'ttiG5;1�'ti ? F T'� ! F� liOTARY r'U311C - FAih�iESQTi� E "'rv`';�,�` ?5YC0'i�?iSSiO�: � n'� `3�: EXr':RcS �n.'-.3'., =..35 ' _ __'.-._--�—...�..o�,-_,�-e,. . _ -.,t.,- . CTTY OF SAu"�I'?' PALZ Nornt CoZ�tm; M¢yor Ju1y 6, 2001 O�CE OF LTCc iS'c, INSPz�ONS AiYD F..WIl20i1�MENTAi,. PROinC.^.CN Yager C;lrti� Direcror 0�-��3 � LDDJR. Telephanc 651-266-9090 350 St PuerStreet, Suite 300 Paemile: 651-266-9124 SaintPm�Mfnn�otaS5702-ISIO Web: mvw.cistpmdmn,la/fiep Chazles Senklez, President East Side Hospitaiity Inc. dba Hiilcrest Entertainment Center 1560 White Bear Avenue North Saint Paul, vIlV 55106 Dear Mr. Senkler: It has come to our atteniion that the liquor liability insurance you aze required to have and keep in force wlule holding an On Sale Liquor license in Saint Paul has expired effective June 27, 2001 and the Office af License, Inspections and Environmentai Protection has not received proaf of replacement caverage wiuch is required by Chaptez 409 of the Saint Paul Legisiative Code. Please be advised that there should be no service of aicohol at 1560 White Bear Avenue untii this office receives a current liquor liability certificate. If you have any questions, I azn available at 266-9110 during regulaz business hours. Your repiacement certificate can be faxed to 651 266-9124, attenrion Kris. Sincerely, '��e J��1--s�� Kris Schweinler Senior License Inspector t 7•Y[� Litense Group Comments Text Licensee: EpST SIDE HOSPITALlTY 1NC DBA: HILLCREST ENTERTAINMENT CENTER License #: 0082839 07I09/200'1 dt-'l13 07/09/2007 To CAO for adverse action. No Insurance, no approved management agreemenL LIEP recommends that the licenses be suspended until insurance is in place, fees are paid, and an appropriate management agreement has been submifted. CAR 07/06l200� Received a fax at 5:50 PM indicating that dram shop insumnce has been applied for. Previous insurance expired 06l27/200'i. CAR 07/06/2001 KS hand delivered a letter to Joy Thompson, curzent "marnage�' indicating that t. The management agreement submitfed to LIEP on June 29 "ailowing "Joy to manage the establishment vras not adequate because it did not indicate that the currenf licensee is the [esponsible party, 2. Alcohol awareness training was not taken in lieu of a rnmpliance failure fine, so the fine vrili have to be paid, 3. The liquor license was due for renewal on 06/27/2001 with fees due of 57,224.00. The renewal has not been submitted, and 4. There is no liquor liabil"ity insurance. CAR 07/06/2001 KS delivered letter to Joy Thompson, current "manageP, indicating that dram shop insurance has expired and that alcohol service shouid cease unfil insurance is in p(ace. CAR 07/02/2001 550 rcvd for payment of cig fine for clerk. qa 06/21/200� Notice of Voiation from CAO for sale of tobacco to a minor. Given to 07/02I2001 to respond. AG/CAR 06/20/2001 To CAO for adverse action. CAR O6/12/200� Failed tobacco compliance check. Clerk was Roger Lee Wingert, 380 E Wheelock Pkxy #226, 5515�.First failure, $200 fine. CAR 06/05/2001 Secnd Notice Waming Letter sent for failed alcohol compliance check. Training was suppose to have taken place by 03/16/2001. 03l07/2001 Notice of Council Hearing from CAO. Hearing set for 03/28/2007, 5:30pm. Item will be withdrawn at the council hearing. CAR 03/072001 Paid in full. CAR 03/07/2007 Received & processed rivo cashier checks, one for $900 & one for 5504. KRD 0222/2007 51,400 cashiefs check received and processed. caa 02/74/2007 Warning letter sent for failed alcohol compliance check. Training due by 03/'I6/2001. CAR 02/08/2001 Failed DPS alcohol compiiance check conducted by SPPD. First failure, warning Ietter to be sent. CAR OZOS/2001 $950.00 cashiets check rcvd and processed. caa 07/30l2007 52,000 cashiefs check rcvd and processed. rar/caa 01/17/2007 Notice of Violation from CAO for failure to make the last two payments on the first half, and failure to pay the second half. Amount due is $7,210.00 Given to 01/22/2001 to respond. CAR 12/182000 Requested that CAO resume adverse action for failure to make payments set up in payment plan. CAR 72/18/2000 Tax clearance certificate received from John Ridge, Dept of Revenue. CAR 12/18/00 No funds avail. Check to 6ring payments current is not good. KS 12/74l00 Ck. submitted for'10l27 &7'I/27 payment and false alartn fees KS .12/11/2000 10/27 and 11/27 payments have not been made on first half of license. License cannot be renewed because of tax ciearance requuement. To CAO for adverse adion. CAR 10/23/2000 Tax clearance needed in order to renew license per Sharon Fritchie, State Dept of Revenue, 651-297-4055. CAR 70/162000 pd $887.00 for 9/27 payment due. CAA 10/12/2000 Received notice of reinstatement of liquor liability with no lapse in coverage. LAB 9/28/2000 Received notice of cancellation of liquor lia6ility effective 12:01 a.m. an 10/8/00. LAB 9/28/2000 Received notice of reinstatement of liquor liability with no lapse in coverage. LAB 7/26/2000 Received notice of cancellation of liquor liability effedive 12:01 a.m. on 9/26/00. LAB 0 9/1 520 0 0 KS went to bank and obtained cashier's check $1,774.00 from bank. CAA 09/112000 still no funds avaiiable. CAA 09/06/2000 still no funds available. CAA OS/31/2000 check received for $'1,774.00 . Called Heritage Bank to verify fund availability. "No funds available at this time." CAR will contact CAO regarding this situation. CAA 08/'17/2000 Notice of Voiation from CAO for failure to pay fees according to established payment plan. Given to 08/28/2000 to respond. CAR 08/11/2000 To CAO for adverse action for delinquent license fees. Licensee does have curtent insurance. CAR 08/11/2000 Licenses expired 06/27/2000 with no payments made on plan. Amount due is $5,424 which includes late fees and false alarm fines. CAR 07/27/2000 Payment plan: due 7l27, 8/27, 9l27, 10l27 $887.00 each month; due 11/27 $886.00. CAA 06/30/2000 Received liquor liability renewal. LAB O6/29/2000 Passed tobacco compliance check. SS 6/29/2000 430 pm - KS spoke to insurance agent. Liquor liability expired on 6/27/2000 (agent did not send notice as required by law) and no payment has been made for insurance by licensee. I wlted Ron, the bar manager at Hillcrest to advise him of the situation. He was aware - Mr. Senkler said the check was in the mail. I advised Ron the the bar would be in violation if @ served tonight wlthout the insurance. CAR OS/31/2000 Congratulations letter sent for passing alcohol compliance check. SS OS/102000 Passed U ot M alcohol compliance check conducted by vcelPolyak/Ramstad. SS 12/2/99 Notice of Violation for failure to complete payments on payment plan for firsi half liquor. 52568.00 due 10/16/99 was not paid. Licensee has until 12/'13/99 to respond. CAR 09/30/1999 Notice of liq liab reinstatement received. CAM 9/29/99 - Sent letter advising to discontinue the saie of alcohol until replacement liquor liability is received - LAB OS11 7/1 999 52,500 rcvd. Totai remaining due 10/16: $2,568.00. 8lt3/99 Payment Plan for tst half liquor payment and two late fees: due 8/76l99 52,534.00; due 9l16 or 10/16 52,534.00. OK'd hy RJ/CAR 07/06/99 passed cig wmpiiance check - 07/21/99 letter sent SS 2/� 8l99 passed alcohol compliance check; no "unofficial" warning-DL 7/28/98 - 5317 overpayment refunded - PV #V330-t'193 - LAB 5l13/98 - Notice of violation letfer mailed for cigarette sales to a minor/also not licensed to sell cigarettes at the licensed establishmenUschedule heanng/JL 4/2/97 C.F. #97-361 App'D Imposing 5200 Fine For The Sale Of Cigs To A Minor—Lap-Lic 3/2S/97 • Paid 5200.00 Cigarette Fine - Lab 1997-7% Disc Requiremenst Met 3/77/97 Dba Changed FdHafners Bowiinq Center To Hillcrest Entertainment Center 1996-7% Disc On liq Fee Applied To 2nd i/2-Lap-lic 1995-7% Disc On Liq Fee Applied To 2nd t/2-Lap-Lic 8/23/95 Per C.ROZek-Appd For Fire Per Phil Owen 8/16/95 Appn For New On Sale Liquor-A, Sunday On Sale, Entertainment-B, Bowiing Alley, Restaurant-B And Gamb Loc-A App'0 C.F. #95-983 Mailed Check #3� 21 In Amount Of 566.00 For GamblinG Loration License Back To Mr Senkler Because The License Was Picked Up With Liquor License 087 595lJ Ph Notice Sent 06/28/95 Set For 08/76/95 96 Mailed. 2 Interoffice. 34 Emailed o� -q�3 � atltlress �Licensee l CoMaG � License l CarMO�u� TYP� r AapertY r �kansee f�otfiCial r All _treetS 56� Street Name: TE Street Type: <Alb � Directiorc <qpa � Unrt � �— Cd� �Alla _.c. , 3 ..= � - ne ieure`rz �o� _maveinquerauceine expved rro pmt _ "' _ ""'_ __"_" ' _"_"_..._ � EAST SIDE FIOSPI7ALIN tlHiLLCREST BJTERTAPLiqua-Extetuion otACtive Licerise Prurted - - --- -- ------------ - - -.._--- - -- � 1�fi EAST SIDE FIOSPITALIIY OHILLCRE57 ENTERTAPFaise Narms Achve 0 EAST SIDE HOSPITALITV IIHILLCREST ENTERTAAGigm�teffobacco ,DetinqueMLicense expvetl rq pmt _:tvnsnssa oen�nsseusaw CIA1R001 1273171W11560 W � 0 ►.a 13 � � s �' -�� ucens� sr s�oe twscRnurv wc TyPe '', " DBA dLCREST9JiFRTAWMEMC8�RH2 Stre � ��se � Licensee � Lic. Types l Nsivance � Bontl l ReqturemeMs l Stre; ' G ProPerty C` l'icensea C� �ffidel P�alectFacTt�or. ASUNCION,CORANVE '.�. Dve�E Street tl: 560 � RMerse Adfon Coinmerds Unrt ' � �reet Neme' TE �AR I � C�Y: , StreetTYAe AVE OiYectiarc �— : . �rt Ind r� �p � r� � i; Gy: T PAUL License Group Com � �a1e' r� rry: 5510fi �'�n001 To CAA im ativerse actton. No 45vance, � i Werd: � ' o appraved managemaR eryeement. LI� reccmmends �the Gcenses be suspentled urM12 insurence is m � i��w� � Bce, fees are pwd, and en appropr'rete meneganer[ '—� _ . ._ eemud has been su6�ndted. CAft" ' ' _ . Licensee: �AST SmE HOSPITAIJN P1C �� Lic¢nsee �. � D&4: ILLCREST BJTERTABdMEM CENTER �°�� ' � , ''I ,. i Sales Tex Ift QSf583 Bus Phonr. 651 J 776-3704 '� _ � � �_...m ` `.� � . _ . � .` F�seAlarms . . .. R 12N8f1999 � 17fJ1A999 .. N . . .SOA� ,._< � 1 , "_" '_'_"" " ' "'__.._'_"__�..�._.__..�„'_'_.._ __"__ . � AlarmPermrt(New)_ R 7�N8lI999 ; 06R7R002 N $tO.ON taF` '_' __' _ "_"_-_""'_'_'_'_.;""__""'_'_""_''___'_-, FaiseAlarms R 01A7720P1 1 12fl12007 N _SZ5.0� � 1 � ___�.'"'_"_`___.._�__"".'_�-."____.._' ,. License # 2539 Save Chengesto Histwy � �' � - 1. _ . . . . _ _. _ ,. _..,..�_" ""'......'_"_. _'__'. ........._ _ _ . _'__ "__ ._..._._�._.___�_'__" ' _"—_"' 1 _ _.."_ Eritertainmerd(B�_DefufquerALicerueexpvetlropmt A62&y9950627AA07 0 �9 0 a�-q�3 � , � i yPE �.�. .�.� y' . ,p licenue SIDEHOSPfTALITYUDC � Stre i �' DBA CREST 8�f1H2TqPIMENT C9Y7ER Stre �censa Licensee � Lia TYPes � hsurenca 1 Bontl � Requ'vemer�ts I Stre �censee Neme: AST 9DE HOSPITALRY PIC �!^, �_ Dira. �A R.LCREST ENTERTAINMOJT CQJTH2 ynd ; Sales Tax kY 0.56983 NorvProft (— Wwker's ComF OAOAD00 �a.w«....,.� . � P-4 CoMracf Rec'd OA7000 AA Trmnrt�g Rec'd +C�N000 � AA Fee Co0erletl: dD�N00U DiscouN ReC2 � � Other A enc Licenses Fu�ar�raal Fioltl Reasans , s Qme4��4an�]E �Cearae� � 6��a'e�""�"�`` `�i '��"a�tive'�'� '�c°..� , � � State Dept at Revenue TazN _11176R000 _ . , ' ' "" __' ' __ __ _ ' '__"""_ "' � Cardeds for this Lkensee . ' = -.. c.. q. . . . —Med�liceriseorrtact € ., .. . � . , _ _. . . .: _,,. . . . ,�. _ i . :f' o ; �: Bumess�M00A0A70W90A0N00t 3 x657)776-2704_ ; C�LkenseAddress _� � otnu o ) - - �. --' - -- __� . - ' Ww WAOAOOUWNO.m00�STROC}( DAVID I ; ( ) " _ �y M�y�y�eTa— , � ¢ __,.____�_..�� _._"�.__+ r ;� 1 Other __ OO.WA7WQOOAJOAIOOtSTROQt __"' _ DAVID 3_ C )_ '_"_ I�' hmd To Cordact ___ � ^ v, s�. u�"'�.�, ,'. ,"� :sas�v*, "�>'��,.�" m�='.,'r',`�<"s�r � I i" Lxense Adtlress Back9rauM Check Re9uvetl (� � 0 71t6 'License# 2839 SaveChangwtoHis{ory 0 " .'- '' ""_`__ _•�"°•°'°�K�aw) oeun9�ernucenseemirotlm CouncIl File # p� q�3 OR►GI�,�L RESOLUTION CITY OF SAINT PALIL, MINNESOTA GreenSheet# �03g� �7 Presented By Referred To Comxnittee: Date 1 2 3 4 5 6 7 8 RESOLVED, that all licenses heid by East Side Hospitality, Inc. d/b/a Hillcrest Entertainment Center (License ID No. 82839), located at 1560 White Bear Avenue North in Saint Paul are hereby suspended for a period of ten (10) days beginning at 12:01 a.m. on Wednesday, September 26, 2001 and ending at 11:59 p.m. on Friday, October 5, 2001 for the violation of Lapse in Liquor Liability Insurance. This Resolution and the action taken above are based upon the facts contained in the July 23, 2001 Notice of Violarion letter to the licensee. The licensee does not dispute the facts of the violation. Requested by Department of: Certified by Council Secretary B y' � � �� Approved by Mayor: BY: iA"� �T , "'�.(N`� Form Approved by City Attorney $Y � V ChD.I�° X ) v ��-,(,°� Approved by Mayor for Submission to Council Byc Byc Adopted by Co¢ncil: Date JV„�� ) �p` —,---� OFFICS oF LIEP Date: GREEN SHEET Virginia Palmer August 14, 2001 266-8710 No. 103838 �� 1 HPPS2TPffiNT DIRHClOR 3 ITY NDNCIL � 2 ITY ATTORNSY ITY Q,ERR ust be on Council A enda by: �°° �r DIRSCTOR IN. fi MGT. SVC. DIA. � YOR (OR ASSISTANP) OTAL # OF SIGNATUR$ PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution suspending all licenses held by East Side Hospitality, Inc. d.b.a_ illcrest Entertainment Center, located at 1560 White Bear Avenue, for ten ays. COMMENDATIONS: APPROVE (A) OR RSJECf (R) HRSOfAL S8RVIC8 CONTRI�CfS MQST ANSWffit T88 POLLOi4IIiG: PLANNING CONAfI5SI0N CIVIL SEAVIC£ COMMISSION 1. Aas the person/firm ever worked under a contract for this department? CIB COMMITTEE BUSINESS R£VIEW COUNCIL YES NO STAFP _ Has this person/firm ever been a City employee? DI57RZCP COURT YES NO Does this person/firm possess a skill not normally possessed by any PORTS S7HICH COUNCIL OHJ&CTIVE? Clnrrent City employee? YES NO lain all Y85 aaswers oa a aeparate aheet aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): VANTAGES IF APPROVED: �� ISADVANTAGES IF APPROVED: DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) �`qLSTlG� �3�'dTCfT �'i@RtBf �'. 41 _ .. .. v'�.'M"c'�4A� Vwxrn. .�..� _ � .�.� �.. �:. CITY OF SA1NT PAUL Norm Colemnn, Mayor f�ll�USt 13� 2�01 OFFICE OF THE CITY ATTORNEY C[aymrt M. Robinson, Jc, City A#orrtey a' �,,3 civirDivision 400CityHa1[ Telephone:651266-87/0 TSWestKel[oggBlvd. Facsimi1e:65I298-5619 Saint P¢ul, Minnesot¢ 55702 NOTICE OF COUNCIL MEETING Charles Senkler Hillcrest Entertainment Center 1560 White Bear Avenue Saint Paul, Minnsota 55106 RE: All licenses held by East Side Hospitality, Inc., d/b/a Hillcrest Entertainment Center for the premises located at 1560 White Beaz Avenue in Saint Paul License ID #: 82839 Dear Mr. Senkler: Please take notice that this matter has been set on the Consent Agenda for the Council meeting scheduled for 3:30 p.m., Wednesday, September 5, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enciosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter in that the facts contained in the Notice of Violation concerning the lapse in liquor liability insurance have not been denied. The recommendation of the license office will be for a 10-day suspension of your licenses. If you have any questions, please call me at 266-8710. Very truly yours, '-�/ �l G�.{/�,,.�� Virginia . Palmer Assistant City Attorney ca Charles Senkler, 1889 Fairmount Ave., St. Paul, MN 55105 Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 4, O 1-°1 �?� UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Hearing Date: Violation: Place: Presumptive Penalty: East Side Hospitality, Inc. d/b/a Hillcrest Entertainment Center 1560 White Bear Avenue North Wednesday, September 5, 2001 Lapse in Liquor Liability Insurance Licensed Premises 10-Day Suspension of Licenses Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 10-Day Suspension of Licenses Attachments: 1. Proposed resolution 2. Notice of Violation 3. 7/6/01 letter from Kris Schweinler to licensee 4. License information OFFICr F THE CITY ATTORNEY ,� Clnylox A. abiiison, Jc, Ciry A[torney Q, � CITY OF SAINT PAUL Civil Division Norm Colemnn, Mn}'or 400 Ciry Hn11 TelepGone: 65! 166-87I0 I.i West Kellogg Blyd. Fncsimi/e: 651 298-56l9 Snin[ Paxl, Minnetota 55/0? � 7uly 23, 2001 NOTICE OF VIOLATION Charles Senkler Hillcrest Entertainment Center 1560 White Bear Avenue Saint Paul, Minnsota 55106 RE: All licenses held by East Side Hospitality, Inc., d/b/a Hillcrest Entertainment Center for the premises located at 1560 White Bear Avenue in Saint Paul License ID #: 82839 Dear Mr. Senkler: The Office of License, Inspections and Environmental ProYection has recommended that adverse action be taken against the licenses held by East Side Hospitality, Inc., d/b/a Hillcrest Entertainment Center for the premises located at 1560 White Bear Avenue in Saint Paul. The basis for the adverse action is as follows: On July 6, 2001 you were notified by a letter from the Office of LIEP that they had been informed that your liquor liabitity insurance had expired as of June 27, 2001 and that you needed to provide proof of replacement coverage with no lapse in coverage dates. Replacement insurance was not obtained until July 6, 2001, leaving a lapse in insurattce coverage for nine days. If you do not dispute the above facts please send me a letter with 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 appeaz there for you. The recommendation of the licensin� office is for a 10-day suspension of your license pursuant to the penalty matrix contained in St. V Paul Legistative Code §409.26. Page 2 Charles Senkler July 23, 2001 ��.1�'� On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearin� before an Administrative Law Jud�e (ALJ). If you wish to have such a hearing, please send me a letter statin� that you are contestin� the facts. You will then be sent a"Notice of Hearin�," 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 Thursday, August 2, 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 St. Paul City Council where it will be put on the Consent Agenda during which no discussion is allowed and the recommended penalty will be imposed. 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 Attorney cc: Charles Senkler, 1889 Fainnount Ave., St. Paul, MN 55105 Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 oi-`t�3 STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on Ju1y 23, 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: Charles Senkler Hillcrest Entertainment Center 1560 White Bear Avenue St. Paul, MN. 55106 Charles Senkler 1889 Fairmount Avenue St. Paul, MN. 55105 (which is the last known addresses of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �—� ,. � //'S JOANNE G. Subscribed and sworn this 23rd of Ju 2 � Notary Public to before me : _:. . . >-�,�:.._<.,�;- .,,-..:,:>-. -. ' ,,:�� a� , PtTErt Y PA'ttiG5;1�'ti ? F T'� ! F� liOTARY r'U311C - FAih�iESQTi� E "'rv`';�,�` ?5YC0'i�?iSSiO�: � n'� `3�: EXr':RcS �n.'-.3'., =..35 ' _ __'.-._--�—...�..o�,-_,�-e,. . _ -.,t.,- . CTTY OF SAu"�I'?' PALZ Nornt CoZ�tm; M¢yor Ju1y 6, 2001 O�CE OF LTCc iS'c, INSPz�ONS AiYD F..WIl20i1�MENTAi,. PROinC.^.CN Yager C;lrti� Direcror 0�-��3 � LDDJR. Telephanc 651-266-9090 350 St PuerStreet, Suite 300 Paemile: 651-266-9124 SaintPm�Mfnn�otaS5702-ISIO Web: mvw.cistpmdmn,la/fiep Chazles Senklez, President East Side Hospitaiity Inc. dba Hiilcrest Entertainment Center 1560 White Bear Avenue North Saint Paul, vIlV 55106 Dear Mr. Senkler: It has come to our atteniion that the liquor liability insurance you aze required to have and keep in force wlule holding an On Sale Liquor license in Saint Paul has expired effective June 27, 2001 and the Office af License, Inspections and Environmentai Protection has not received proaf of replacement caverage wiuch is required by Chaptez 409 of the Saint Paul Legisiative Code. Please be advised that there should be no service of aicohol at 1560 White Bear Avenue untii this office receives a current liquor liability certificate. If you have any questions, I azn available at 266-9110 during regulaz business hours. Your repiacement certificate can be faxed to 651 266-9124, attenrion Kris. Sincerely, '��e J��1--s�� Kris Schweinler Senior License Inspector t 7•Y[� Litense Group Comments Text Licensee: EpST SIDE HOSPITALlTY 1NC DBA: HILLCREST ENTERTAINMENT CENTER License #: 0082839 07I09/200'1 dt-'l13 07/09/2007 To CAO for adverse action. No Insurance, no approved management agreemenL LIEP recommends that the licenses be suspended until insurance is in place, fees are paid, and an appropriate management agreement has been submifted. CAR 07/06l200� Received a fax at 5:50 PM indicating that dram shop insumnce has been applied for. Previous insurance expired 06l27/200'i. CAR 07/06/2001 KS hand delivered a letter to Joy Thompson, curzent "marnage�' indicating that t. The management agreement submitfed to LIEP on June 29 "ailowing "Joy to manage the establishment vras not adequate because it did not indicate that the currenf licensee is the [esponsible party, 2. Alcohol awareness training was not taken in lieu of a rnmpliance failure fine, so the fine vrili have to be paid, 3. The liquor license was due for renewal on 06/27/2001 with fees due of 57,224.00. The renewal has not been submitted, and 4. There is no liquor liabil"ity insurance. CAR 07/06/2001 KS delivered letter to Joy Thompson, current "manageP, indicating that dram shop insurance has expired and that alcohol service shouid cease unfil insurance is in p(ace. CAR 07/02/2001 550 rcvd for payment of cig fine for clerk. qa 06/21/200� Notice of Voiation from CAO for sale of tobacco to a minor. Given to 07/02I2001 to respond. AG/CAR 06/20/2001 To CAO for adverse action. CAR O6/12/200� Failed tobacco compliance check. Clerk was Roger Lee Wingert, 380 E Wheelock Pkxy #226, 5515�.First failure, $200 fine. CAR 06/05/2001 Secnd Notice Waming Letter sent for failed alcohol compliance check. Training was suppose to have taken place by 03/16/2001. 03l07/2001 Notice of Council Hearing from CAO. Hearing set for 03/28/2007, 5:30pm. Item will be withdrawn at the council hearing. CAR 03/072001 Paid in full. CAR 03/07/2007 Received & processed rivo cashier checks, one for $900 & one for 5504. KRD 0222/2007 51,400 cashiefs check received and processed. caa 02/74/2007 Warning letter sent for failed alcohol compliance check. Training due by 03/'I6/2001. CAR 02/08/2001 Failed DPS alcohol compiiance check conducted by SPPD. First failure, warning Ietter to be sent. CAR OZOS/2001 $950.00 cashiets check rcvd and processed. caa 07/30l2007 52,000 cashiefs check rcvd and processed. rar/caa 01/17/2007 Notice of Violation from CAO for failure to make the last two payments on the first half, and failure to pay the second half. Amount due is $7,210.00 Given to 01/22/2001 to respond. CAR 12/182000 Requested that CAO resume adverse action for failure to make payments set up in payment plan. CAR 72/18/2000 Tax clearance certificate received from John Ridge, Dept of Revenue. CAR 12/18/00 No funds avail. Check to 6ring payments current is not good. KS 12/74l00 Ck. submitted for'10l27 &7'I/27 payment and false alartn fees KS .12/11/2000 10/27 and 11/27 payments have not been made on first half of license. License cannot be renewed because of tax ciearance requuement. To CAO for adverse adion. CAR 10/23/2000 Tax clearance needed in order to renew license per Sharon Fritchie, State Dept of Revenue, 651-297-4055. CAR 70/162000 pd $887.00 for 9/27 payment due. CAA 10/12/2000 Received notice of reinstatement of liquor liability with no lapse in coverage. LAB 9/28/2000 Received notice of cancellation of liquor lia6ility effective 12:01 a.m. an 10/8/00. LAB 9/28/2000 Received notice of reinstatement of liquor liability with no lapse in coverage. LAB 7/26/2000 Received notice of cancellation of liquor liability effedive 12:01 a.m. on 9/26/00. LAB 0 9/1 520 0 0 KS went to bank and obtained cashier's check $1,774.00 from bank. CAA 09/112000 still no funds avaiiable. CAA 09/06/2000 still no funds available. CAA OS/31/2000 check received for $'1,774.00 . Called Heritage Bank to verify fund availability. "No funds available at this time." CAR will contact CAO regarding this situation. CAA 08/'17/2000 Notice of Voiation from CAO for failure to pay fees according to established payment plan. Given to 08/28/2000 to respond. CAR 08/11/2000 To CAO for adverse action for delinquent license fees. Licensee does have curtent insurance. CAR 08/11/2000 Licenses expired 06/27/2000 with no payments made on plan. Amount due is $5,424 which includes late fees and false alarm fines. CAR 07/27/2000 Payment plan: due 7l27, 8/27, 9l27, 10l27 $887.00 each month; due 11/27 $886.00. CAA 06/30/2000 Received liquor liability renewal. LAB O6/29/2000 Passed tobacco compliance check. SS 6/29/2000 430 pm - KS spoke to insurance agent. Liquor liability expired on 6/27/2000 (agent did not send notice as required by law) and no payment has been made for insurance by licensee. I wlted Ron, the bar manager at Hillcrest to advise him of the situation. He was aware - Mr. Senkler said the check was in the mail. I advised Ron the the bar would be in violation if @ served tonight wlthout the insurance. CAR OS/31/2000 Congratulations letter sent for passing alcohol compliance check. SS OS/102000 Passed U ot M alcohol compliance check conducted by vcelPolyak/Ramstad. SS 12/2/99 Notice of Violation for failure to complete payments on payment plan for firsi half liquor. 52568.00 due 10/16/99 was not paid. Licensee has until 12/'13/99 to respond. CAR 09/30/1999 Notice of liq liab reinstatement received. CAM 9/29/99 - Sent letter advising to discontinue the saie of alcohol until replacement liquor liability is received - LAB OS11 7/1 999 52,500 rcvd. Totai remaining due 10/16: $2,568.00. 8lt3/99 Payment Plan for tst half liquor payment and two late fees: due 8/76l99 52,534.00; due 9l16 or 10/16 52,534.00. OK'd hy RJ/CAR 07/06/99 passed cig wmpiiance check - 07/21/99 letter sent SS 2/� 8l99 passed alcohol compliance check; no "unofficial" warning-DL 7/28/98 - 5317 overpayment refunded - PV #V330-t'193 - LAB 5l13/98 - Notice of violation letfer mailed for cigarette sales to a minor/also not licensed to sell cigarettes at the licensed establishmenUschedule heanng/JL 4/2/97 C.F. #97-361 App'D Imposing 5200 Fine For The Sale Of Cigs To A Minor—Lap-Lic 3/2S/97 • Paid 5200.00 Cigarette Fine - Lab 1997-7% Disc Requiremenst Met 3/77/97 Dba Changed FdHafners Bowiinq Center To Hillcrest Entertainment Center 1996-7% Disc On liq Fee Applied To 2nd i/2-Lap-lic 1995-7% Disc On Liq Fee Applied To 2nd t/2-Lap-Lic 8/23/95 Per C.ROZek-Appd For Fire Per Phil Owen 8/16/95 Appn For New On Sale Liquor-A, Sunday On Sale, Entertainment-B, Bowiing Alley, Restaurant-B And Gamb Loc-A App'0 C.F. #95-983 Mailed Check #3� 21 In Amount Of 566.00 For GamblinG Loration License Back To Mr Senkler Because The License Was Picked Up With Liquor License 087 595lJ Ph Notice Sent 06/28/95 Set For 08/76/95 96 Mailed. 2 Interoffice. 34 Emailed o� -q�3 � atltlress �Licensee l CoMaG � License l CarMO�u� TYP� r AapertY r �kansee f�otfiCial r All _treetS 56� Street Name: TE Street Type: <Alb � Directiorc <qpa � Unrt � �— Cd� �Alla _.c. , 3 ..= � - ne ieure`rz �o� _maveinquerauceine expved rro pmt _ "' _ ""'_ __"_" ' _"_"_..._ � EAST SIDE FIOSPI7ALIN tlHiLLCREST BJTERTAPLiqua-Extetuion otACtive Licerise Prurted - - --- -- ------------ - - -.._--- - -- � 1�fi EAST SIDE FIOSPITALIIY OHILLCRE57 ENTERTAPFaise Narms Achve 0 EAST SIDE HOSPITALITV IIHILLCREST ENTERTAAGigm�teffobacco ,DetinqueMLicense expvetl rq pmt _:tvnsnssa oen�nsseusaw CIA1R001 1273171W11560 W � 0 ►.a 13 � � s �' -�� ucens� sr s�oe twscRnurv wc TyPe '', " DBA dLCREST9JiFRTAWMEMC8�RH2 Stre � ��se � Licensee � Lic. Types l Nsivance � Bontl l ReqturemeMs l Stre; ' G ProPerty C` l'icensea C� �ffidel P�alectFacTt�or. ASUNCION,CORANVE '.�. Dve�E Street tl: 560 � RMerse Adfon Coinmerds Unrt ' � �reet Neme' TE �AR I � C�Y: , StreetTYAe AVE OiYectiarc �— : . �rt Ind r� �p � r� � i; Gy: T PAUL License Group Com � �a1e' r� rry: 5510fi �'�n001 To CAA im ativerse actton. No 45vance, � i Werd: � ' o appraved managemaR eryeement. LI� reccmmends �the Gcenses be suspentled urM12 insurence is m � i��w� � Bce, fees are pwd, and en appropr'rete meneganer[ '—� _ . ._ eemud has been su6�ndted. CAft" ' ' _ . Licensee: �AST SmE HOSPITAIJN P1C �� Lic¢nsee �. � D&4: ILLCREST BJTERTABdMEM CENTER �°�� ' � , ''I ,. i Sales Tex Ift QSf583 Bus Phonr. 651 J 776-3704 '� _ � � �_...m ` `.� � . _ . � .` F�seAlarms . . .. R 12N8f1999 � 17fJ1A999 .. N . . .SOA� ,._< � 1 , "_" '_'_"" " ' "'__.._'_"__�..�._.__..�„'_'_.._ __"__ . � AlarmPermrt(New)_ R 7�N8lI999 ; 06R7R002 N $tO.ON taF` '_' __' _ "_"_-_""'_'_'_'_.;""__""'_'_""_''___'_-, FaiseAlarms R 01A7720P1 1 12fl12007 N _SZ5.0� � 1 � ___�.'"'_"_`___.._�__"".'_�-."____.._' ,. License # 2539 Save Chengesto Histwy � �' � - 1. _ . . . . _ _. _ ,. _..,..�_" ""'......'_"_. _'__'. ........._ _ _ . _'__ "__ ._..._._�._.___�_'__" ' _"—_"' 1 _ _.."_ Eritertainmerd(B�_DefufquerALicerueexpvetlropmt A62&y9950627AA07 0 �9 0 a�-q�3 � , � i yPE �.�. .�.� y' . ,p licenue SIDEHOSPfTALITYUDC � Stre i �' DBA CREST 8�f1H2TqPIMENT C9Y7ER Stre �censa Licensee � Lia TYPes � hsurenca 1 Bontl � Requ'vemer�ts I Stre �censee Neme: AST 9DE HOSPITALRY PIC �!^, �_ Dira. �A R.LCREST ENTERTAINMOJT CQJTH2 ynd ; Sales Tax kY 0.56983 NorvProft (— Wwker's ComF OAOAD00 �a.w«....,.� . � P-4 CoMracf Rec'd OA7000 AA Trmnrt�g Rec'd +C�N000 � AA Fee Co0erletl: dD�N00U DiscouN ReC2 � � Other A enc Licenses Fu�ar�raal Fioltl Reasans , s Qme4��4an�]E �Cearae� � 6��a'e�""�"�`` `�i '��"a�tive'�'� '�c°..� , � � State Dept at Revenue TazN _11176R000 _ . , ' ' "" __' ' __ __ _ ' '__"""_ "' � Cardeds for this Lkensee . ' = -.. c.. q. . . . —Med�liceriseorrtact € ., .. . � . , _ _. . . .: _,,. . . . ,�. _ i . :f' o ; �: Bumess�M00A0A70W90A0N00t 3 x657)776-2704_ ; C�LkenseAddress _� � otnu o ) - - �. --' - -- __� . - ' Ww WAOAOOUWNO.m00�STROC}( DAVID I ; ( ) " _ �y M�y�y�eTa— , � ¢ __,.____�_..�� _._"�.__+ r ;� 1 Other __ OO.WA7WQOOAJOAIOOtSTROQt __"' _ DAVID 3_ C )_ '_"_ I�' hmd To Cordact ___ � ^ v, s�. u�"'�.�, ,'. ,"� :sas�v*, "�>'��,.�" m�='.,'r',`�<"s�r � I i" Lxense Adtlress Back9rauM Check Re9uvetl (� � 0 71t6 'License# 2839 SaveChangwtoHis{ory 0 " .'- '' ""_`__ _•�"°•°'°�K�aw) oeun9�ernucenseemirotlm CouncIl File # p� q�3 OR►GI�,�L RESOLUTION CITY OF SAINT PALIL, MINNESOTA GreenSheet# �03g� �7 Presented By Referred To Comxnittee: Date 1 2 3 4 5 6 7 8 RESOLVED, that all licenses heid by East Side Hospitality, Inc. d/b/a Hillcrest Entertainment Center (License ID No. 82839), located at 1560 White Bear Avenue North in Saint Paul are hereby suspended for a period of ten (10) days beginning at 12:01 a.m. on Wednesday, September 26, 2001 and ending at 11:59 p.m. on Friday, October 5, 2001 for the violation of Lapse in Liquor Liability Insurance. This Resolution and the action taken above are based upon the facts contained in the July 23, 2001 Notice of Violarion letter to the licensee. The licensee does not dispute the facts of the violation. Requested by Department of: Certified by Council Secretary B y' � � �� Approved by Mayor: BY: iA"� �T , "'�.(N`� Form Approved by City Attorney $Y � V ChD.I�° X ) v ��-,(,°� Approved by Mayor for Submission to Council Byc Byc Adopted by Co¢ncil: Date JV„�� ) �p` —,---� OFFICS oF LIEP Date: GREEN SHEET Virginia Palmer August 14, 2001 266-8710 No. 103838 �� 1 HPPS2TPffiNT DIRHClOR 3 ITY NDNCIL � 2 ITY ATTORNSY ITY Q,ERR ust be on Council A enda by: �°° �r DIRSCTOR IN. fi MGT. SVC. DIA. � YOR (OR ASSISTANP) OTAL # OF SIGNATUR$ PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution suspending all licenses held by East Side Hospitality, Inc. d.b.a_ illcrest Entertainment Center, located at 1560 White Bear Avenue, for ten ays. COMMENDATIONS: APPROVE (A) OR RSJECf (R) HRSOfAL S8RVIC8 CONTRI�CfS MQST ANSWffit T88 POLLOi4IIiG: PLANNING CONAfI5SI0N CIVIL SEAVIC£ COMMISSION 1. Aas the person/firm ever worked under a contract for this department? CIB COMMITTEE BUSINESS R£VIEW COUNCIL YES NO STAFP _ Has this person/firm ever been a City employee? DI57RZCP COURT YES NO Does this person/firm possess a skill not normally possessed by any PORTS S7HICH COUNCIL OHJ&CTIVE? Clnrrent City employee? YES NO lain all Y85 aaswers oa a aeparate aheet aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): VANTAGES IF APPROVED: �� ISADVANTAGES IF APPROVED: DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) �`qLSTlG� �3�'dTCfT �'i@RtBf �'. 41 _ .. .. v'�.'M"c'�4A� Vwxrn. .�..� _ � .�.� �.. �:. CITY OF SA1NT PAUL Norm Colemnn, Mayor f�ll�USt 13� 2�01 OFFICE OF THE CITY ATTORNEY C[aymrt M. Robinson, Jc, City A#orrtey a' �,,3 civirDivision 400CityHa1[ Telephone:651266-87/0 TSWestKel[oggBlvd. Facsimi1e:65I298-5619 Saint P¢ul, Minnesot¢ 55702 NOTICE OF COUNCIL MEETING Charles Senkler Hillcrest Entertainment Center 1560 White Bear Avenue Saint Paul, Minnsota 55106 RE: All licenses held by East Side Hospitality, Inc., d/b/a Hillcrest Entertainment Center for the premises located at 1560 White Beaz Avenue in Saint Paul License ID #: 82839 Dear Mr. Senkler: Please take notice that this matter has been set on the Consent Agenda for the Council meeting scheduled for 3:30 p.m., Wednesday, September 5, 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enciosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter in that the facts contained in the Notice of Violation concerning the lapse in liquor liability insurance have not been denied. The recommendation of the license office will be for a 10-day suspension of your licenses. If you have any questions, please call me at 266-8710. Very truly yours, '-�/ �l G�.{/�,,.�� Virginia . Palmer Assistant City Attorney ca Charles Senkler, 1889 Fairmount Ave., St. Paul, MN 55105 Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 4, O 1-°1 �?� UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Hearing Date: Violation: Place: Presumptive Penalty: East Side Hospitality, Inc. d/b/a Hillcrest Entertainment Center 1560 White Bear Avenue North Wednesday, September 5, 2001 Lapse in Liquor Liability Insurance Licensed Premises 10-Day Suspension of Licenses Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 10-Day Suspension of Licenses Attachments: 1. Proposed resolution 2. Notice of Violation 3. 7/6/01 letter from Kris Schweinler to licensee 4. License information OFFICr F THE CITY ATTORNEY ,� Clnylox A. abiiison, Jc, Ciry A[torney Q, � CITY OF SAINT PAUL Civil Division Norm Colemnn, Mn}'or 400 Ciry Hn11 TelepGone: 65! 166-87I0 I.i West Kellogg Blyd. Fncsimi/e: 651 298-56l9 Snin[ Paxl, Minnetota 55/0? � 7uly 23, 2001 NOTICE OF VIOLATION Charles Senkler Hillcrest Entertainment Center 1560 White Bear Avenue Saint Paul, Minnsota 55106 RE: All licenses held by East Side Hospitality, Inc., d/b/a Hillcrest Entertainment Center for the premises located at 1560 White Bear Avenue in Saint Paul License ID #: 82839 Dear Mr. Senkler: The Office of License, Inspections and Environmental ProYection has recommended that adverse action be taken against the licenses held by East Side Hospitality, Inc., d/b/a Hillcrest Entertainment Center for the premises located at 1560 White Bear Avenue in Saint Paul. The basis for the adverse action is as follows: On July 6, 2001 you were notified by a letter from the Office of LIEP that they had been informed that your liquor liabitity insurance had expired as of June 27, 2001 and that you needed to provide proof of replacement coverage with no lapse in coverage dates. Replacement insurance was not obtained until July 6, 2001, leaving a lapse in insurattce coverage for nine days. If you do not dispute the above facts please send me a letter with 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 appeaz there for you. The recommendation of the licensin� office is for a 10-day suspension of your license pursuant to the penalty matrix contained in St. V Paul Legistative Code §409.26. Page 2 Charles Senkler July 23, 2001 ��.1�'� On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearin� before an Administrative Law Jud�e (ALJ). If you wish to have such a hearing, please send me a letter statin� that you are contestin� the facts. You will then be sent a"Notice of Hearin�," 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 Thursday, August 2, 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 St. Paul City Council where it will be put on the Consent Agenda during which no discussion is allowed and the recommended penalty will be imposed. 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 Attorney cc: Charles Senkler, 1889 Fainnount Ave., St. Paul, MN 55105 Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 oi-`t�3 STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on Ju1y 23, 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: Charles Senkler Hillcrest Entertainment Center 1560 White Bear Avenue St. Paul, MN. 55106 Charles Senkler 1889 Fairmount Avenue St. Paul, MN. 55105 (which is the last known addresses of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �—� ,. � //'S JOANNE G. Subscribed and sworn this 23rd of Ju 2 � Notary Public to before me : _:. . . >-�,�:.._<.,�;- .,,-..:,:>-. -. ' ,,:�� a� , PtTErt Y PA'ttiG5;1�'ti ? F T'� ! F� liOTARY r'U311C - FAih�iESQTi� E "'rv`';�,�` ?5YC0'i�?iSSiO�: � n'� `3�: EXr':RcS �n.'-.3'., =..35 ' _ __'.-._--�—...�..o�,-_,�-e,. . _ -.,t.,- . CTTY OF SAu"�I'?' PALZ Nornt CoZ�tm; M¢yor Ju1y 6, 2001 O�CE OF LTCc iS'c, INSPz�ONS AiYD F..WIl20i1�MENTAi,. PROinC.^.CN Yager C;lrti� Direcror 0�-��3 � LDDJR. Telephanc 651-266-9090 350 St PuerStreet, Suite 300 Paemile: 651-266-9124 SaintPm�Mfnn�otaS5702-ISIO Web: mvw.cistpmdmn,la/fiep Chazles Senklez, President East Side Hospitaiity Inc. dba Hiilcrest Entertainment Center 1560 White Bear Avenue North Saint Paul, vIlV 55106 Dear Mr. Senkler: It has come to our atteniion that the liquor liability insurance you aze required to have and keep in force wlule holding an On Sale Liquor license in Saint Paul has expired effective June 27, 2001 and the Office af License, Inspections and Environmentai Protection has not received proaf of replacement caverage wiuch is required by Chaptez 409 of the Saint Paul Legisiative Code. Please be advised that there should be no service of aicohol at 1560 White Bear Avenue untii this office receives a current liquor liability certificate. If you have any questions, I azn available at 266-9110 during regulaz business hours. Your repiacement certificate can be faxed to 651 266-9124, attenrion Kris. Sincerely, '��e J��1--s�� Kris Schweinler Senior License Inspector t 7•Y[� Litense Group Comments Text Licensee: EpST SIDE HOSPITALlTY 1NC DBA: HILLCREST ENTERTAINMENT CENTER License #: 0082839 07I09/200'1 dt-'l13 07/09/2007 To CAO for adverse action. No Insurance, no approved management agreemenL LIEP recommends that the licenses be suspended until insurance is in place, fees are paid, and an appropriate management agreement has been submifted. CAR 07/06l200� Received a fax at 5:50 PM indicating that dram shop insumnce has been applied for. Previous insurance expired 06l27/200'i. CAR 07/06/2001 KS hand delivered a letter to Joy Thompson, curzent "marnage�' indicating that t. The management agreement submitfed to LIEP on June 29 "ailowing "Joy to manage the establishment vras not adequate because it did not indicate that the currenf licensee is the [esponsible party, 2. Alcohol awareness training was not taken in lieu of a rnmpliance failure fine, so the fine vrili have to be paid, 3. The liquor license was due for renewal on 06/27/2001 with fees due of 57,224.00. The renewal has not been submitted, and 4. There is no liquor liabil"ity insurance. CAR 07/06/2001 KS delivered letter to Joy Thompson, current "manageP, indicating that dram shop insurance has expired and that alcohol service shouid cease unfil insurance is in p(ace. CAR 07/02/2001 550 rcvd for payment of cig fine for clerk. qa 06/21/200� Notice of Voiation from CAO for sale of tobacco to a minor. Given to 07/02I2001 to respond. AG/CAR 06/20/2001 To CAO for adverse action. CAR O6/12/200� Failed tobacco compliance check. Clerk was Roger Lee Wingert, 380 E Wheelock Pkxy #226, 5515�.First failure, $200 fine. CAR 06/05/2001 Secnd Notice Waming Letter sent for failed alcohol compliance check. Training was suppose to have taken place by 03/16/2001. 03l07/2001 Notice of Council Hearing from CAO. Hearing set for 03/28/2007, 5:30pm. Item will be withdrawn at the council hearing. CAR 03/072001 Paid in full. CAR 03/07/2007 Received & processed rivo cashier checks, one for $900 & one for 5504. KRD 0222/2007 51,400 cashiefs check received and processed. caa 02/74/2007 Warning letter sent for failed alcohol compliance check. Training due by 03/'I6/2001. CAR 02/08/2001 Failed DPS alcohol compiiance check conducted by SPPD. First failure, warning Ietter to be sent. CAR OZOS/2001 $950.00 cashiets check rcvd and processed. caa 07/30l2007 52,000 cashiefs check rcvd and processed. rar/caa 01/17/2007 Notice of Violation from CAO for failure to make the last two payments on the first half, and failure to pay the second half. Amount due is $7,210.00 Given to 01/22/2001 to respond. CAR 12/182000 Requested that CAO resume adverse action for failure to make payments set up in payment plan. CAR 72/18/2000 Tax clearance certificate received from John Ridge, Dept of Revenue. CAR 12/18/00 No funds avail. Check to 6ring payments current is not good. KS 12/74l00 Ck. submitted for'10l27 &7'I/27 payment and false alartn fees KS .12/11/2000 10/27 and 11/27 payments have not been made on first half of license. License cannot be renewed because of tax ciearance requuement. To CAO for adverse adion. CAR 10/23/2000 Tax clearance needed in order to renew license per Sharon Fritchie, State Dept of Revenue, 651-297-4055. CAR 70/162000 pd $887.00 for 9/27 payment due. CAA 10/12/2000 Received notice of reinstatement of liquor liability with no lapse in coverage. LAB 9/28/2000 Received notice of cancellation of liquor lia6ility effective 12:01 a.m. an 10/8/00. LAB 9/28/2000 Received notice of reinstatement of liquor liability with no lapse in coverage. LAB 7/26/2000 Received notice of cancellation of liquor liability effedive 12:01 a.m. on 9/26/00. LAB 0 9/1 520 0 0 KS went to bank and obtained cashier's check $1,774.00 from bank. CAA 09/112000 still no funds avaiiable. CAA 09/06/2000 still no funds available. CAA OS/31/2000 check received for $'1,774.00 . Called Heritage Bank to verify fund availability. "No funds available at this time." CAR will contact CAO regarding this situation. CAA 08/'17/2000 Notice of Voiation from CAO for failure to pay fees according to established payment plan. Given to 08/28/2000 to respond. CAR 08/11/2000 To CAO for adverse action for delinquent license fees. Licensee does have curtent insurance. CAR 08/11/2000 Licenses expired 06/27/2000 with no payments made on plan. Amount due is $5,424 which includes late fees and false alarm fines. CAR 07/27/2000 Payment plan: due 7l27, 8/27, 9l27, 10l27 $887.00 each month; due 11/27 $886.00. CAA 06/30/2000 Received liquor liability renewal. LAB O6/29/2000 Passed tobacco compliance check. SS 6/29/2000 430 pm - KS spoke to insurance agent. Liquor liability expired on 6/27/2000 (agent did not send notice as required by law) and no payment has been made for insurance by licensee. I wlted Ron, the bar manager at Hillcrest to advise him of the situation. He was aware - Mr. Senkler said the check was in the mail. I advised Ron the the bar would be in violation if @ served tonight wlthout the insurance. CAR OS/31/2000 Congratulations letter sent for passing alcohol compliance check. SS OS/102000 Passed U ot M alcohol compliance check conducted by vcelPolyak/Ramstad. SS 12/2/99 Notice of Violation for failure to complete payments on payment plan for firsi half liquor. 52568.00 due 10/16/99 was not paid. Licensee has until 12/'13/99 to respond. CAR 09/30/1999 Notice of liq liab reinstatement received. CAM 9/29/99 - Sent letter advising to discontinue the saie of alcohol until replacement liquor liability is received - LAB OS11 7/1 999 52,500 rcvd. Totai remaining due 10/16: $2,568.00. 8lt3/99 Payment Plan for tst half liquor payment and two late fees: due 8/76l99 52,534.00; due 9l16 or 10/16 52,534.00. OK'd hy RJ/CAR 07/06/99 passed cig wmpiiance check - 07/21/99 letter sent SS 2/� 8l99 passed alcohol compliance check; no "unofficial" warning-DL 7/28/98 - 5317 overpayment refunded - PV #V330-t'193 - LAB 5l13/98 - Notice of violation letfer mailed for cigarette sales to a minor/also not licensed to sell cigarettes at the licensed establishmenUschedule heanng/JL 4/2/97 C.F. #97-361 App'D Imposing 5200 Fine For The Sale Of Cigs To A Minor—Lap-Lic 3/2S/97 • Paid 5200.00 Cigarette Fine - Lab 1997-7% Disc Requiremenst Met 3/77/97 Dba Changed FdHafners Bowiinq Center To Hillcrest Entertainment Center 1996-7% Disc On liq Fee Applied To 2nd i/2-Lap-lic 1995-7% Disc On Liq Fee Applied To 2nd t/2-Lap-Lic 8/23/95 Per C.ROZek-Appd For Fire Per Phil Owen 8/16/95 Appn For New On Sale Liquor-A, Sunday On Sale, Entertainment-B, Bowiing Alley, Restaurant-B And Gamb Loc-A App'0 C.F. #95-983 Mailed Check #3� 21 In Amount Of 566.00 For GamblinG Loration License Back To Mr Senkler Because The License Was Picked Up With Liquor License 087 595lJ Ph Notice Sent 06/28/95 Set For 08/76/95 96 Mailed. 2 Interoffice. 34 Emailed o� -q�3 � atltlress �Licensee l CoMaG � License l CarMO�u� TYP� r AapertY r �kansee f�otfiCial r All _treetS 56� Street Name: TE Street Type: <Alb � Directiorc <qpa � Unrt � �— Cd� �Alla _.c. , 3 ..= � - ne ieure`rz �o� _maveinquerauceine expved rro pmt _ "' _ ""'_ __"_" ' _"_"_..._ � EAST SIDE FIOSPI7ALIN tlHiLLCREST BJTERTAPLiqua-Extetuion otACtive Licerise Prurted - - --- -- ------------ - - -.._--- - -- � 1�fi EAST SIDE FIOSPITALIIY OHILLCRE57 ENTERTAPFaise Narms Achve 0 EAST SIDE HOSPITALITV IIHILLCREST ENTERTAAGigm�teffobacco ,DetinqueMLicense expvetl rq pmt _:tvnsnssa oen�nsseusaw CIA1R001 1273171W11560 W � 0 ►.a 13 � � s �' -�� ucens� sr s�oe twscRnurv wc TyPe '', " DBA dLCREST9JiFRTAWMEMC8�RH2 Stre � ��se � Licensee � Lic. Types l Nsivance � Bontl l ReqturemeMs l Stre; ' G ProPerty C` l'icensea C� �ffidel P�alectFacTt�or. ASUNCION,CORANVE '.�. Dve�E Street tl: 560 � RMerse Adfon Coinmerds Unrt ' � �reet Neme' TE �AR I � C�Y: , StreetTYAe AVE OiYectiarc �— : . �rt Ind r� �p � r� � i; Gy: T PAUL License Group Com � �a1e' r� rry: 5510fi �'�n001 To CAA im ativerse actton. No 45vance, � i Werd: � ' o appraved managemaR eryeement. LI� reccmmends �the Gcenses be suspentled urM12 insurence is m � i��w� � Bce, fees are pwd, and en appropr'rete meneganer[ '—� _ . ._ eemud has been su6�ndted. CAft" ' ' _ . Licensee: �AST SmE HOSPITAIJN P1C �� Lic¢nsee �. � D&4: ILLCREST BJTERTABdMEM CENTER �°�� ' � , ''I ,. i Sales Tex Ift QSf583 Bus Phonr. 651 J 776-3704 '� _ � � �_...m ` `.� � . _ . � .` F�seAlarms . . .. R 12N8f1999 � 17fJ1A999 .. N . . .SOA� ,._< � 1 , "_" '_'_"" " ' "'__.._'_"__�..�._.__..�„'_'_.._ __"__ . � AlarmPermrt(New)_ R 7�N8lI999 ; 06R7R002 N $tO.ON taF` '_' __' _ "_"_-_""'_'_'_'_.;""__""'_'_""_''___'_-, FaiseAlarms R 01A7720P1 1 12fl12007 N _SZ5.0� � 1 � ___�.'"'_"_`___.._�__"".'_�-."____.._' ,. License # 2539 Save Chengesto Histwy � �' � - 1. _ . . . . _ _. _ ,. _..,..�_" ""'......'_"_. _'__'. ........._ _ _ . _'__ "__ ._..._._�._.___�_'__" ' _"—_"' 1 _ _.."_ Eritertainmerd(B�_DefufquerALicerueexpvetlropmt A62&y9950627AA07 0 �9 0 a�-q�3 � , � i yPE �.�. .�.� y' . ,p licenue SIDEHOSPfTALITYUDC � Stre i �' DBA CREST 8�f1H2TqPIMENT C9Y7ER Stre �censa Licensee � Lia TYPes � hsurenca 1 Bontl � Requ'vemer�ts I Stre �censee Neme: AST 9DE HOSPITALRY PIC �!^, �_ Dira. �A R.LCREST ENTERTAINMOJT CQJTH2 ynd ; Sales Tax kY 0.56983 NorvProft (— Wwker's ComF OAOAD00 �a.w«....,.� . � P-4 CoMracf Rec'd OA7000 AA Trmnrt�g Rec'd +C�N000 � AA Fee Co0erletl: dD�N00U DiscouN ReC2 � � Other A enc Licenses Fu�ar�raal Fioltl Reasans , s Qme4��4an�]E �Cearae� � 6��a'e�""�"�`` `�i '��"a�tive'�'� '�c°..� , � � State Dept at Revenue TazN _11176R000 _ . , ' ' "" __' ' __ __ _ ' '__"""_ "' � Cardeds for this Lkensee . ' = -.. c.. q. . . . —Med�liceriseorrtact € ., .. . � . , _ _. . . .: _,,. . . . ,�. _ i . :f' o ; �: Bumess�M00A0A70W90A0N00t 3 x657)776-2704_ ; C�LkenseAddress _� � otnu o ) - - �. --' - -- __� . - ' Ww WAOAOOUWNO.m00�STROC}( DAVID I ; ( ) " _ �y M�y�y�eTa— , � ¢ __,.____�_..�� _._"�.__+ r ;� 1 Other __ OO.WA7WQOOAJOAIOOtSTROQt __"' _ DAVID 3_ C )_ '_"_ I�' hmd To Cordact ___ � ^ v, s�. u�"'�.�, ,'. ,"� :sas�v*, "�>'��,.�" m�='.,'r',`�<"s�r � I i" Lxense Adtlress Back9rauM Check Re9uvetl (� � 0 71t6 'License# 2839 SaveChangwtoHis{ory 0 " .'- '' ""_`__ _•�"°•°'°�K�aw) oeun9�ernucenseemirotlm