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266305 WHITE - CITV CLERK . PINK - FINANCE GITY OF SAINT PAUL Council � y•�� CANARY - DEPARTMENT _S BLUF�_ - MINOR File NO. ����■�� � ° � Zl SO tZOyl Presented By Referred To Committee: Date Out of Committee By Date WHEREAS Mr. Richard Dudley has made application on Augu st 28, 1�75, for Class C-1 Restaurant, On-Sale Ma.lt, Off-Sale Ma.lt and Cigarette Licenses for the premises known as the Picadilly Bar at 485 Selby Avenue in St. Paul; and WHEREAS, Mr. Dudley had previously ma.de application on July 11, 1975, for the sa� L�.censes for the same premises; which licenses were denied by'�the Licenses Subcommittee on July 23, 1975, and by the Couiicil on July 29, 1975, after a hearing on July 23, 1975; at which evidence and testimony was presented� a11 of wh�.�l� is embodied in the attached Resolution; and � WHEREA�t the License IMSpector on�e again �ecoa�nended denial of s�h A�gu�t 2a applications because the mpplicant (as former 1,��,ex�see) Msd . q � �:'ed the Pi�a�il7.y Bar _without ' such 7��,� � � .,3�a.ly �Ot�� ' .� �`a€t�±� ��� prevEiousl� existing� ' � - , g r _ �:r�€i J� ' ... 13.ce �,� � ' �� ��d-.�.��ea�a� t�e :a�Plica�it �as � � "�i<ce�se .�- itu�.1.1 e� g �+��-��� ��te �u�e-Qf_..izts - premi.ses �nd €ac���e� for-gersons_er�ga,�ed„3�t:,prostitutiori - � - � _ " and solicitatior� for �ice; and -. � d ``" - WHEREAS, hearings on said second app lication were held September 30, 1975 and on October 17, 1975, at 8:00 A.M. in Room 707, at both of which hearings applicant Dudley appeared, represented by his attorney, Paul H. Ray, Esq. , who was advised tYiat the full transcript and exhibits of the hearing July 23, 1975, would be introduced and relied upon in support of the recommendation for denial; and - WHBREAS, Mr. Ra.y received a copy of said transcript and exhibits on October 3, 1975, and was advised by Deputy City COUNCILMEN Requested by Department of: Yeas Nays Christensen Hozza [n Favor Levine Rcedler Against BY Sylvester Tedesco President Hunt Form Approved by City Attomey Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY ` �, ��.-�1���JV .: Attorney Philip B. Byrne tha.t although. no additional witnesses would be presented on behalf of the License Inspector, Mr. Ray � would be free to present any witnesses he desired, including witnesses who had testified on July 23, 1975, on behalf of the City_; and WHEREAS, all cnembers of the Licenses Subcommittee received a copy of the said transcript October �, 1975; and �EREAS, at the hearing October 17, 1975, the transcript , of July 23, 1975, and Minutes of the September 30, 1975 hearing (atta�hed) were introduced; and applicant Dudley with his attorney were afforded an opportunity to testify and present evidence and examine adverse witnesses; and WHEREAS, evidence was received, in addition to prior testi- mony as indicated in the .attached Resolution and Minutes, from � Richard Dudley; Jo�seph Carchedi, License Inspector; Jeff Frank; Andrea McFarland; a Mr. Qwens; Deputy Chief WiI1�.am McGutcheon, and Lt. David Weida, St. gaul Police Department; and _ . WHEREAS, there was evidence� presented by the applicant that no one has ever been arrested .for soliciting to vice in the Picadilly Bar; that once in 1969 he tried to take back money from a prostitute who had stolett money from a patron of the Pic�adilly and the applicant was subsequently arrested; that on one occasion in 1969 he threw prostitutes out of the Picadilly and had his car shot at; that he did not have any knowledge as to which persons iri his ��r wer.e prost,itutes; that he could not recall part�.o,�, a�l. of coi�,ver���io�s in 1�9.72, 1973 and 1974 with police officers �elating to pros�itution. �in the Picadilly Bar; that he does .kno,w �hich persqns �.re prostitutes insofar as they are elsewhere .�.l�at�:� �.� �,k�is' Bh�, _w�.th;no ex�ilanation of the appa.rent confliet; that no one has been injured in the Picadilly; and that he` �.g�;in �c1�:�nQV�iedge�l that he, operated his Bar after the licen.se had' �xp�'re�-'in �uly' of -1975; 'ani� WHEREAS, the Licenses Subcommittee, based on aYl the relevant evidence submitted at hearings on Jul.y 23, 1975, Sept'ember 30, 1975, and October 17, 1975, and weighed on the credibility of the witnesses who appeared, unanimously voted to deny the second application for licenses ; and WHITE - CITV CLERK ^���o� CANARY - pEPARTMENT COUC1C11 � . B�„� ,�,�a�oR GITY OF SAINT PAUL File NO. � � � ` cil es lution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, a copy of this Resolution has been. ma.iled to Mr. Paul H. Ray, Esq. , attorney for the applicant; now, therefore, be it RESOLVED, Th.a.t the application of Richa.rd Dudley for Class C-1 Restaurant, On-Sale Ma.lt, Off-Sale Ma.lt and Cigarette Licenses is hereby denied. COUI�ICILMEN Requested by Department of: Yeas Nays Christensen � Sunt in Favor evine v Rcedler A gai ns t BY Sylvester Tedesco President� Hozza Adopted by Co . Date � 4 �� Form Approved by City Attorney Certif' ass ounc' etary + BY By Approv d by Mayor: D e Approved by Mayor for Submission to Council By By Pu6�.�st�fo N OV 1 5 t975 � • , � ' License Committee, Sept. 30, 1975 2 Carchedi read his letter of September 30 stating the East Side Skating Club, Inc. had made application for permission to conduct Bingo games for 26 periods beginning October 5, 1975 and that the games will be played at the Hazel Park Commercial Club, 862 White Bear Avenue on Sunday evenings, between the hours of 8 and 12 p.m. This organization held such a license about ten years ago but has not operated the game since. The application was made by John Edwards, President,and Kay Tschida will be the manager of the games. Mr. Carchedi stated that since the letter was written John Edwards had resigned as president and that Joseph Tschida husband of Kay Tschida, is the temporary president. He was recommending approval. Sylvester moved approval. MOTION PASSED. d. Request by Mr. Dan Shiely from the Winter Carnival Association to _ speak before the License Committee about a one-day beer license. Tedesco asked Byrne if the committee could accommodate Mr. Shiely with a one-day license for five hours, and Byrne replied that unfortunately the city does not have enabling legislation to grant such a license. In 1974 the legislature authorized municipalities to grant a one-day beer license and Minneapolis has enacted such an ordinance. He said he had a working draft of a temporary license ordinance. Hozza said he has a copy of the working draft and he and Byrne will get together and prepare a final draft and submit it to the Council or the License Committee for discussion. Sylvester .��_ asked Byrne what kind of discretion the city would have if such an ordinance were passed. Byrne replied that it depended on what was written into the ordinance. The working draft has a fee of $25.00 with a bond requirement by the applicant and that the period of the license would not exceed 10 days. He also said such a license could not be issued more than four times per year to an individual or organization. He said the committee could put in any additional protection it wanted. Sylvester also questioned if the requirements were met by an applicant if a license would have to be issued and Byrne replied, "That is correct." Sylvester said he had some questions on such an ordinance. He said the Winter Carnival Association ought to think more about what they are doing. He cited competition by established license holders in the area, and suggested that the association discuss this problem with people in the liquor industry. He was not objecting to such a� ordinance but wanted mo2'e time to think about it. Byrne said there have never been any formal complaints issued against the Winter Carnival Association. He also said there were a number of church groups and other clubs that sell or dispense ` beer under thinly disguised situations. He assum�d these activities would continue and it would be well to legi�imize such activities with an ordinance. Shiely said he had approached the docantown liquor owners including the ones in Lower .Town. He said the only reason he is approaching this committee is that it is his intent not only to sell beer but hot dogs, hot cocoa, etc. during the carnival activities. ` , , • � ' � MINUTES �ss��� LICENSE AND PUBLIC SAFETY COMMITTEE September 30, 1975 9 A.M. , 707 City Hall IBERS PRESENT: Victor J. Tedesco, Chairman David Hozza Robert Sylvester OTHERS PRESENT: Joseph Carchedi, License Inspector Philip Byrne, City Attorney (List of names of others present on file with official minutes) 1. Meeting called to order by Chairman Tedesco at 9:02 a.m. 2. The following matters were considered: a. Application for Class C2-Restaurant, On Sale Malt Beverage and Cigarette licenses by Henry L. and Marilyn H. Weber at 2469 W. Seventh Street. Joseph Carchedi read his letter of September 30 directed to the City Council stating that Henry L. and Marilyn H. Weber are making application for Class C-2 Restaurant, On Sale Ma.lt Beverage and Cigarette licenses at 2469 W. Seventh Street, which is located on the north side of the street ir. Sibley Plaza between Maynard Drive and West Maynard Drive. Thzs location was similarly licensed si:ice 1972 and Mr. and Mrs. Weber will be personally operating the business: He also said the supporting papers had been reviewed and that he recommended approval. This is a 3.2 On Sale Liquor license in conjunction with a Pizza restaurant operated by the Webers. Sylvester moved approval. MOTION PASSED. b. Bingo Application - St. Paul Council No. 397, Knights of Columbus, 156 W. Ninth Street, 52 periods. Carchedi read a letter written by him dated September 30, 1975 stating the Knights of Columbus have made application for permission to conduct 52 periods of bingo games beginning September 30, I975 at their hall at 156 W. Ninth Street between the hours of 7:30 and 11:30 p.m. This organization has conducted such games since October., 1951 and Clarence Tessling will be the manager of the games. Carchedi said the papers had been reviewed by the City Attorney and he was recomnending approval. Sylvester moved approval. MOTION PASSED. It should be noted that the gaznes will not �begin until October 7. c. Bingo Application - East Side Skating Club, Inc. , 862 White Bear Avenue, 2b periods. � • • • License Committee, Sept. 30, 1975 � 4 on procedures, Byrne said this is a matter between the License Inspector and the applicant and that they must get together about unresolved questions, and there could be a recommendation for denial on grounds of unanswered questions and other aspects of the application. A formal nofice should then be sent out of a hearing. He again stated that there is nothing the committee can do until the questions are answered and Carchedi and the club should try and sit down and resolve these questions. Hozza moved to lay this matter over until the application is before us. Sylvester and Hozza voted affirmatively on the motion and Tedesco abstained. f. Public hearing on the application of Richard C. Dudley for Class C1- Restaurant, On and Off Sale Malt Beverage and Cigarette licenses at 485 Selby Avenue. Mr. Carchedi read his letter stating that Richard C. Dudley makes application for Class C1-Restaurant on and off sale malt beverage and cigarette licenses at 485 Selby Avenue which is located on the north side of the street. Mr. Dudley's last application for renewal of these licenses was denied by the City Council on August 5, 1975. Carchedi said his recommendation originally was for denial and his recommendation today is for denial. Paul.Kay stated that he was an attorney representing Richard Dudley. = He said he, was not present at the last committee meeting when Dudley's ,,�; license was revoked. He understood that the primary reason for the revocation was that the Police Department feZt that Dudley was promoting prostitution. He said he would like the record to show that since the Piccadilly had been closed prostitution had not ceased at all. He then showed the committee some pictures taken by Dudley of prostitutes in the area. He said evidence presented by the police at the last hearing regarding an employee named Shorty was not correct. He said no one nam�d Shorty was employed by him at that time. Mr. Byrne stated this is a hearing on the License Inspector's recommendation for denial of the license. The basis for the recommendation was all of the information received at the last hearing. He said unfortunately in the notice sent to Dudley Mr. Carchedi didn't mention that that was the basis. He asked Mr. Ray if he had any objection to that defect in the notice. Mr. Ray replied that he thought that possibly the charges brought out at the original hearino would be preSented today. Ray said that since Dudley was not represented by counsel at the previous hearing he thought maybe we could go over the allegations again so that Mr. Dudley would have a chance to reply. It was Ray's understanding • that the witnesses at the last hearing would be in attendance .today. Byrne replied that he had a rough transcript of.,the last hearing and could provide the parties with that transcript. After Ray: and ISudley had had a chance to look it over they could present any furttier informa- tion at a later hearing. Ray s�id his client would waive petition of ' � • • � ��66��5 Lice�se Cammittee, Sept. 30, 1975 3 He said in connection with any difficulties with the police it would be the Winter Carnival's responsibility to provide police protection. He said there would be no liquor sold. Iiozza then said he and Byrne would submit an ordinance to the committee for consideration next week or the week after. If such an ordix�ance would pass, then Shiely could apply for the license in about two months. e. Bingo Application - Como Athletic Club, 1079 Rice Street, 52 periods. Tedesco stated that before this r.iatter is discussed he would like to disqualify himself on this matter. Carchedi said that on September 26 he had sent a letter to David 0'Connor, attorney representing the Como Athletic Club,stating that their bingo application would be considered today with his recommendation of denial. He said the reason for denial is an incomplete agplication. 0'Connor had been informed of the in- complete application but said the committee should hear the matter today. 0'Connor stated he was the attorney for Como Athietic Club and introduced representatives of the club, Jack Curtis and Dan Gibbons. 0'Connor said this organization, prior to the 20th of August when the committee had denied the license, had been licensed for a couple of years. In 3uly of '75, Roger Vamelli had been in charge of running the games and because of Mr.Vann�lli's lateness in sending in reports the license was revoked• Como Athletic Club has no argument with that fact and at the previous license meeting it had been proved that he was guilty of late reporting. He said the Como Athletic Club was now applying for � a new license and Roger Vannelli would not be involved. He said the Como Athletic Club should not be penalized because of Vannelli`s actions. He said in the new application all of the requirements called for were submitted by Mr. Curtis to the License Office. 0'Connor then said that the athletic club thought they had complied with all the requirements and yet were having difficulty with the License Inspector's office regarding further information needed. Carchedi said the application is not complete until all the supporting papers have been submitted. He said there were difficulties with the bank balances and there were many discrepancies unanswered by the club. Beth Wenzel, of the License Inspector's office, related the difficulties of the financial statement and papers submitted by the club. She also noted that on two occasions the Como Athletic Club had not been registered with the State as a charitable organization. She also said it was necessary for the police and fire departments and the City Attorney's office to review all papers. Sylvester said it was difficult to audit when the papers were not complete. He said until all these difficulties are resolved he would not support the _ granting of a new license. Hozza said the matter of the application was not properly before the committee since the application had not been reviewed by the attorney and the police and fire departments. He said the corumittee cannot take any action until these reviews have been corspleted. 0'Connor then questioned why the License Inspector's office was requesting more information �ahen the Como Athletic Club felt that they had complied with all requests. Carchedi said 0'Connor had been told the application was not complete and yet demanded the license 'come before the .License Committee. Carchedi said he can't get anybody from the organization to sit down and go over the financial situation. When questioned by Hozza : . • • � - � ��6�05 License Committee, Sept. $0, 1975 S that other material and proceed this morning before the committee. Because of the financial strain on Dudley, he would like to have some kind of determination as soon as possible. Bob DeBoer, a volunteer worker for the Food Co-op on Selby Avenue, testified on the character of Dudley. He stated the problem was not with the prostitutes but the people doing business with the prostitutes. Miss Michael (last name unintelligible) also spoke on behalf of Richard Dudley. Sylvester said the committee previously revoked Dudley's license because there was evidence he was fostering prostitution. He said the people in attendance at this hearing had not heard that testimony. Hozza said that since this was a quasi-judicial hearing only testi.mony relevant to the charges could be heard. Given that, he suggested that if Dudleg and Ray wished to proceed that a transcript could be prepared and they would have a chance to respond to the transcript. Ra.y responded that it �vas hard to ask a question of a transcript. He. suggested that witnesses appear again. Byrne said that eight witnesses appeared last time and that the transcript would tell him what the witnesses had said. He said the committee, when reviewing the application, is going to be interested in anything that took place since that last time. He suggested that it would be impractical and difficult to again make the witnesses appear. ' " He said he would have a transcript in Ray's hands within a week. Hozza moved to continue this matter until two weeks from today. MOTION PASSED. (Note: A transcript of Ray's testimony and questions following Ray's testimony is on file in the office of the License Committee chairma.n.) Meeting adjourned at 10:10 a.m. � � r . � � � �6�}�. l�F�� �� � CITY OF SAINT PAUL OFFICE OF THE CITY ATTORNEY July 23, 1975 PIERRE N. REGNIER Mr. Richard C. Dudley 996 Ma.rshall Avenue Saint Paul, Minnesota 55102 Dear Mr. Dudley: Enclosed is a copy of a proposed Resolution regarding the license applications for On-Sale Malt, Off-Sale Ma.lt, Cigarette and Class C-1 Restaurant. This resolution will be taken up by the City Council on July 29, 1975 at 10:00 a.m. in the Council Chambers. You may appear there and argue against it, and submit objections in writing to the City Clerk who will bring those to the attention of the Council. Very truly yours, , �. Id ��� PHILIP B. BYRNE Deputy City Attorney PBB:jr Enc. cc: Richard C. Dudley ' c/o Picadilly Bar 485 Selby Avenue Saint Paul, Minnesota City Hall, Saint Paui, Minnesota 55102 612 298-5121 PINK� - FINANCE „ ■!�1, � �� � CA[�ARV �- qEPARTMENT � tJITY O1' S�I1\�T 1,AUI. F le ci1N0. BLUE - MAVOR . � �ouncil �Resodutio� Presented By �"����"� Referred To Committee: Date Out of Committee By Date WHEREAS, Mr. Richard Dudley had made application for Class C-1 Restaurant, On-Sale Malt, Off-Sale Malt and Cigarette Licenses for the premises known as the Picadilly . Bar at 485 Selby Avenue in St. Paul; and WHEREAS, the License Inspector recommended denial of such appiications because the licensee operated the Picadilly Bar without such licenses on July 10, 1975, after the pre- viously existing licenses had expired July 7, 1975 ; and because the licensee had habitually permitted the use of his premises and facilities for persons engaged in prostitution and solicitation f or vice; and WHEREAS, the License Inspector notified the applicant in writing of his recommendation and the grounds therefor, and the applicant requested a hearing on the matter; and WHEREAS, on July 16, 1975 the applicant previously having received the written notice and requested a hearing, the applicant attended the Licenses Subcommittee meeting and was advised by the Chair that the hearing would be held on July 23, 1975 at 9:00 a.m. in Room 707, and further was advised that the applicant could and should be represented by an attorney; and WHEREAS, a hearing was held on July 23, 1975 at which applicant was present and indicated his readiness to proceed without counsel, and was afforded an opportunity to testify and present evidence and examine adverse witnesses; and COUNCIL;�IEN Requested by Department of: Yeas Nays Christensen Hozza [n Favor Levine Roedler 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 PINK� - FINANGE ^ GITY O� SAINT 1 L�UII !l4NARV�-pEPARTMENT � � COUIICII BLUE - MAVOR � Flle NO. . - �'ouncil Resolutio� 266:��5 Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, evidence was received from Mr. Joseph Carchedi, License Inspector; Sgt. LaVern Lee, Officer Charles Zajac, Lt. Robert Anderson, Sgt. John Voita, Sgt. Michael McGinn, Sgt. W. A. Johnson, all of the St. Paul Police Department; _ and one member of the public; together with submission of various photographic and documentary exhibits; and WHEREAS, there was evidence presented that the Picadilly Bar was open and in operation on July 10, 1975; that all its previously existing licenses had expired July 7, 1975; that Mr. Richard Dudley admitted to the Subcommittee and previously stated to Sgt. McGinn that he knew the licenses had expired but kept the business open; and that Mr. Richard Dudley had been told and warned in 1972, 1973 and 1974 that prostitutes and pimps were using his licensed premises as a headquarters for prostitution activities; that he has never assisted or . cooperated with the police in that regard; that prostitutes receive phone calls and messages for vice purposes with the cooperation of the bartender; that the licensed premises is used by prostitutes as a shelter and haven from law enforce- ment authorities ; that from approximately April l, 1975 to June 30, 1975 there were 36 prostitution incidents requiring police reports in the immediate area of the Picadilly Bar and on the corners frequented by prostitutes using the Picadilly - Bar as a base; that from approximately February l, 1975 to April 1, 1975 there were roughly an additional 30 such incidents; and WHEREAS, the Licenses Subcommittee unanimously voted on the basis of the evidence received pertinent to the charges of operating without a license and permitting the licensed premises to be used in connectian with prostitution to deny . these applications; and COUIVCILMEN Requested by Department of: Yeas Nays Christensen Hozza In Favor Levine Rcedler B Sylvester A gainst Y Tedesco President Hunt Form Approved by City Atforney Adopted by Council: Date Certified Passed by Council Secretary By By Approved by Mayor: Date Approved by Mayor for Submission to Council By By _ _ _ _ _ _ rirvrc — FINANCE �I TY O F SA I J! T 1 �U L COLI11C11 CANARY —DEPARTMENT � ��.iJ�� t�AAVOR File NO. , . , . �ouncil �esolutio� Presented By Referred To Committee: Date ������ Out of Committee By Date WHEREAS, a copy of the Resolution has been mailed to Mr. Richar3 Du�31ey, advising him he may fi.le written ob- jections with the City Clerk and appear before the Council � to argue against its passage on July 29, 1975 and on such further date as the Council may consider it; now, therefore, be it RESOLVED, that the application of Richard Dudley for Class C-1 Restaurant, On-Sale Ma.lt, Off-Sale Malt and cigarette licenses is hereby denied. COUI�1CILh'IE[�I Requested by Department of: Yeas Na��s Christensen y Hozza [n Favor Levine Rcedler Against BY Sylvester Tedesco President Hunt Adopted by Council: Date Form Approved by City Attorney Certified Passed by Council Secretary BY _ By Approved by Mayor: Date Approved by Mayor for Submission to Council By ` By