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01-1263��3�1=1J�;L Council File # O \ - \ „1 `� Green Sheet # � 3 �J RESOLUTION SALNT PAUL, MINNESOTA Presented By � , Referred To Committee: Date 1 WIIEREAS, adverse acrion was initiated against the licenses held by DAG, Inc., d/b/a Champps 2 St. Paul for the premises located at 2401 West 7`" Sh�eet (License Id # 19980003106) by Notice of 3 Violation dated Suly 13, 2001; and 4` 5 WHEREAS, parties have sripulated to certain facts and Licensee agrees that a sale of alcohol 6 was made to an underage person on December 6, 2000 after she entered the premises without her 7 idenrification being verified when an employee told the person at the door that she was "OK' ; and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the Office of License, Inspections and Environmental Protection has recommended a penalty in this matter of a$2,000 fine and a ten day suspension, with the suspension to be stayed for a period of eighteen months on the condirion that there be no further violations related to the license; and WHEREAS, this recommendation is a depar[ure from the penalty matrix contained in Saint Paul Legislative Code §409.26, which recommends a fine for the first violation, and the recommendation is based upon the fact that the individual served died in an automobile accident after she left the premises, and her alcohol concentration was determined to be 207.; now, therefore, be it RESOLVED, that the licenses held by DAG, Inc., d/b/a Champps St. Paul (License Id # 19980003106) are hereby suspended for a period of ten days, said suspension to be stayed for a period of eighteen months on the condirion that Licensee: 1) have no fiu-ther violations related to the license in that eighteen month period; and 2) pay a fine of $ 2,000, the fine to be paid within thirty days of the adoption of the Resolution to the Office of License, Inspections and Environmental Protection. 43 Requested by Department of: Adoption Certified by Council Secretary By: �`�"`� "" `tii ( 1 �,(,(.� Fosm Approved by City P�C�y / BY: ��,�SI �� Approved by Mayor for Submission to Council Adopted by Council: Date �e+.]i1 , {� a a Q� — _F �— —T OFFICE oF L=Ep Date: GREEN SHEET Roger Curtis, Director November �, zooi Oi_'a`3 266-9013 No . 1033 04 1 EPARTT�NT DIAECTOR 3 ITY CI�UNCIL � 2 IT1 ARTORNEY I1'Y CLEWC x�uwa ust be on CoUnCil Agenda by• � ��' DIRHCPOR IN. E MCl'. SVC. DIR. �Jy oeG• � YOR (OR ASSISTANT) OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That the licenses held by DAG, Inc_, d/b/a Champps Saint Paul for the premises located at 2401 West Seventh Street (License ID #19980003106)be suspend for a period of ten days, said suspension to be stayed for a period of eighteen mont on the cpndition that the licensee l.) have no further violations related to the license in that eighteen month period; and 2.) pay a fine of $2,000, the fine to be aid within thirty days of the adoption of the Resolution to the Office of License, Inspections and Environmental Protection. ECO[�SM16NDATIONS: APPROVE (A) OR REJECS (R) £RSONAL SBAVICE CONT[tACTS MUST ANSWEA THE POLLOWING: � PLANNING C06II CNIL SERVICE COM1A1I5SION 1. Ha5 the p¢rson/firm ever wOiked uRder a ContrdCt £oi this depaztment? CIH COMMITTEE _ BUSINESS REVIEW COUNCIL YES NO �$TAFp _ 2. xas this person/firm ever been a City employee? DISTAICT CWRT _ YES NO 3. Does Chis person/firm possess a skill not normally possessed by any SUPPORTS WHICH COUNCIL OHJECTNE? Curzent City employee? YES NO splain a11 YES answezs on a eeparate sheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): On December 6, 2000 Licensee made a sale of alcohol to an underage person after she entered the remises without her identification being verified when an employee'told the person the door that she was "OK." This recommendation is a departure from the penalty atrix contained in Saint Paul Legislative Code 409.26, which recommends a fine for the first violation, and the recommendation is based upon the fact that the individu served died in an automobile accident after she left t11e premises, and her alcohol concentration was determined to be .207. , . � �, „ VANTAGES IF APPROVED: Strong deterrent to licensed beverage establishments serving nderage clients,to the point of being over two times the 1ega1 BAC. ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: Lack of strong message against allowing under-age drinking. OTAL AMOUNT OF TRANSACTION�$ - COST/REVENUE BUDGETED YE5 NO FUNDING SOURCE " ' � � ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) �-------- --� � ..-. * s . � ..., ,,��`� � � 2601 o �-��> Interdepartmental Memorandum CITY OF SAINT PAUL DATE: December 3, 2001 TO: Council President Daniel Bostrom Councilmember Jerry Blakey - Ward 1 Councilmember Chris Coleman - Ward 2 Councilmember Patrick Harris - Ward 3 Councilmember Jay Benanav - Ward 4 Councilmember 7im Reiter - Ward 5 Councilmember Daniel Bostrom - Ward 6 Councilmember Kathy Lanhy - Ward 7 FROM: Peter Pangborn Legal Assistant City Attomey's Office RE: Continue From December 5, 2001 to February 6, 2002 Council Agenda Please continue item number 27, Resolution Ol -1263, Concerning adverse action against the licenses held by DAG, INC., d/b/a Champps St. Paul from the December 5, 2001 Council agenda to the February 6, 2002 Council agenda. If you have any question, I can be reached at ext. 6-8776. o�_►�� UNCONTESTED LICENSE HEARING Licensee Name: Address: Council Hearing Date Wednesday, November 28, 2001 Violation; Alcohol Sale To Underage Person (Minn. Stat. § 304A.503 (1994) and St. Paul Legislative Code § 409.08) resutting in death of patron Date of Violation: Place: DAG, Inc. d/b/a Champps St. Paul 2401 West 7�' Street December 6, 2000 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 1. $2,OOO.UO fine and 2. Ten day suspension of all ticenses stayed for eighteen months on condition that there be no further violations related to the license Attachments: 1. Proposed resolution 2. Stiputated Facts 3. Notice af Re-Scheduled Hearing 0 \ � �� 4. Notice of Hearing 5. 8/6/01 letter from Peter Wold to Virginia Pa{mer 6.Notice ofi Violation 7. License information 8. Police Department, Traffic & Accident Unit Reconstruction Report � �-�2-�� STIPULATED FACTS On December 6, 2000, a trventy-year old female, accompanied by friends, went to the Champps restaurant, located at 2401 West 7` Street in Saint Paul. Upon entering the establishment, a doorman asked the female for proper identification. She replied that she did not have her identification with her. She informed the bouncer, Nate Linder, that she knew the bartender, Tony Hocking, and that he would vouch for her. Hocking told Linder that she was "ok" and to let her in. Once they were seated, the waitress for the female and her friends checked with the bouncer who informed the waitress that they had been carded and were "ok". This underage person was served alcohol in violation of Minn. Stat. §340A.503. The next day, after learning that a person under legal age to drink had been admitted to the bar and served alcohol, Tony Hocking, the bartender who vouched for the underage patron, was immediately fired. This Champps establishment has not had a prior compliance check failure since the license was issued in 1998. Champps on West 7in successfully passed a compliance checks on February 22, 1999, December 18,1999 and March 21, 2000, and most recently on September 26, 2001. OFFICE OF THE CITY ATTORi�IEY Cleytan M Robinson, Jx, City Attorney CITY OF SAINT PAUL Norm Colemnn, Mayor November 14, 2001 CivilDivision 400 Ciry Hall IS West Kellogg Blvd. Sarnt P¢ul, Minnuotn i510? NOTICE OF COUNCIL HEARING Peter B. Wold Wo1d,7acob & Johnson Barristers Trust Building 247 Third Avenue South Minneapolis, Minnesota 55415 0 �� Telephone: 65I 266-8710 Facsimile: 651198-5619 RE: Licenses held by DAG, Inc. d/b/a Champps St. Paul for the premises located at 2401 West 7` Street in Saint Paul �,��,;��,;; License ID #: 980003106 °� `�'�'�� ' ' �'�`, Dear Mr. Wold: ;a g"•7�� ;,� �r',�`t . � �»n bF, �'� As you requested, we have moved the public hearing on th%s matter to the St. Paul City Council meeting on Wednesday, December 5, 20Q1. The hearing w ll,begin at 530 p.m. and will be held in the City Councii Chambers, Third Floor, Saint Paul City�all and Ramsey County Courthouse. If you have any questions, please call me at 266-8710. Very truly yours, �/ � `�•-rc,�t G'�.Q�- J Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Gayle Summers, Community Organizer, Highland District Council, 1978 Ford Pkwy., St. Paul MN 55116-1922 OFFICE OF THE CITY ATTORNEY Clayton M Robinson, Jr., City Attorney O' � CITY OF SAINT PAUL c,v<<D;v,s,oR Norm Coleman, M¢yor 400 Ciry� Ha11 Telepkone: 65! 266-87/0 IS West Kellogg Blvd. Fncsimile: 651198-5619 Snint Paid, Minnuota S.il01 i November 2, 2001 NOTICE OF COUNCIL HEARING PeterB. Wold Wold, Jacob & Johnson Barristers Trust Building 247 Third Avenue South Minneapolis, Minnesota SSA15 RE: Licenses held by DAG, Inc. d/b/a Champps St. Paul for the premises located at 2401 West 7` Street in Saint Paul License ID #: 980003106 Dear Mr. Wold: (� c ccm.b e.r S Please take notice that a hearing co eming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, , 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that we have arrived at stipulated facts conceming the violation. These are the same facts which were set forth in the letter of October 11, 2001 which I sent to you, and which you indicated you believed your client could accept. As I have not heard anything to the contrary, I assume that your client is able to stipulate to these as the facts. You will have an opportunity at the Council hearing to present oral andlor written remarks as to the penalty, if any, to be imposed. The recommendation of the license office continues to be for $2,000 fine, and a ten day suspension of your licenses, with the ten days stayed for a period of eighteen months on the condition that there be no violations in that time period. O �y \iY� Page 2 Peter B. Wold November 2, 2001 If you have any questions, please call me at 266-8710. Very riuly yours, :/ � �1�(.�f�� `�p--Pv�., Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Gayle Summers, Community Organizer, Highland District Council, 1978 Ford Pkwy., St. Paul MN 55116-1922 OFFIC" �F THE CITY ATTORNEX Clay�[on �.. .:obinsors, Jc, CiryAnorney CITY OF SAINT PAUL c;,.,tD,,,,,�o„ Norm Colemnn, Mayo� 400 Ciry Ha!! IS IYestKe7toggBlvd. Sain[ Pau1, .titrnnuorn 55l02 September 12, 2001 NOTICE OF RE-SCHEDULED HEARIIVG Peter B. Wold Wold, Jacobs & Johnson, P.A. Attorneys at Law Barristers Trust Building 247 Third Avenue South Minneapolis, Minnesota 55415 fl � ,�u� Telepl+orse: 651266-8710 Facsin�ile: 651 ?98-56l9 RE: All Licenses held by DAG, Inc. d/bfa Champps St. Paul for the premises located at 2401 West 7` Street in Saint Paul License ID #: 19980003106 Dear Mr. Wold: Thank you for your �villingness to re-schedule the administrative hearing previously set for September 18, 2001. This matter has now been re-scheduled to Monday, October 15, 2001. The hearing will begin at 10:00 a.m. and wili be held in room 220, St. Paul City Hall/Ramsey County Courthouse, 15 West Kellogg Blvd., St. Paui, MN 55102. If you have any questions, you can ca11 me at 266-8776. Sincerek �, � /�� Peter P. Pang,. _ Legal Assistant cc: Judge Richard C. Luis, Office ofAdministrative Hearings, 100 «'ashinjton Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Gayle Summers, Community Organizer, Hi�hland District Council, 1978 Ford Pk«y., St. Paul NN 5 5 1 1 6-1 922 D�-\�3 STATE OF MINNESOTA COUNTY OF RAMSEY ss. AF'FIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 12, 2001, sl�e served the attached NOTICE OF RESCHEDULED HEARING on the following named attorney by placing a true and correct copy thereof in an envelope addressed as follows: Peter B. Wold Attorney at Law Barristers Trust Building 247 Third Avenue South Minneapolis, ML�3. 55415 (wfiich is the last known address of said attorney) depositing the same, with postage prepaid, in the United States mails at St_ Paul, Minnesota. Subscribed and sworn to before me this 12th of �eptember. 2001. �/�-� � .�:'::�. oe7�� ,;-�so�v - .,�. N:J7AR�� Pti9ll: -'=?'�hN�30TA Notary Public �'�� : r, � �a: ;_,; �xF�:•:.s.u,r�.3�,zoc� CITY OF SAINT PAUL Nann Colem¢ii, e1f¢yor August 9, 2001 Peter B. Wold Wo1d,Jacobs & Johnson,P.A. Attomeys at Law Barristers Trust Building 247 Third Avenue South Minneapolis, Minnesota 55415 OFFI( �F THE CITY ATTORNEY C[ayfon M. Robirtson� Jrt, Ciry Attorney 0 l _ 1�� ctvao��,sro» 400CityHal! Telepltone:651266-8770 IS West Keflo°8 B��d F¢csimile: 657 298-5619 Sairt[ Pau(, Mirsnesota 55702 NOTICE OF HEARING RE: All Licenses held by DAG, Inc. d/b/a Champps St. Paul for the premises located at 2401 West 7"' Street in Saint Paul License ID #: 19980003106 Dear Mr. Wold: Please take notice that a hearing will be held at the following time, date and place conceming all licenses for the premises identified above: Date: Tuesday, September 18, 2001 Time: 930 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 T eleph o n e: 612-349-2542 � i � ta�' The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed premises and for adverse action against such licenses, under Chapter 310, includin� sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidencewill be presented to the judge which may lead to adverse actaon a�ainst all the licenses held by DAG, Inc. d/b/a Champps St. Paul at the above premises as follows: On December 7, 2000, a twenty-year old female died in a car crash. Theresultingpoliceinvestigationdeterminedthatshehad been drinking at Champps St. Paui, located at 2401 �Vest 7` Street. Interviews with witnesses determined that when the female entered Champps with some other friends, that a bartender on duty at the time stated that he knew her and she was "OK", so the bouncer let her in without identiFcation or other proof of age. Witnesses also observed her ordering a beer and being served at the table by a waitress. Sale of alcohol to an underage person is a violation of Minn. Stat. §340A.503. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Le�islative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each ofwhom you may cross-examine. You may then offer in rebuttal any witnesses or evidence you may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Jud�e may in addition hear relevant and material testimony from persons not presented as �vitnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Councii. You should bring to the hearing all documents, records and witnesses you �vill or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400J000. If you think that this matter can be resolved or settled �cithout a formal hearin�, please contact the undersib ed. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative La�v 3ud�e for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 o�_�� If the licensee or their representative fails to appeaz at the hearing, the licensee's ability to challenge the ailegations will be forfeited and the allegations against the licensee which have been stated eazlier an this notice may be taken as true. If non-public data is received into evidence at the hearin„ it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, .�•' / / � L/�,c � C�-�''`•,�� Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washin�ton Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Gayle Summers, Community Organizer, Highland District Council, 1978 Ford Pkwy., St. Paul MN 55116-1922 Notice of Hearing - Page 3 STATE OF MINNESOTA o �-�a�� COUNTY OF RAMSEY ) ) ss. ) AF'E'IDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 13, 2001, she served the attached NOTICE OF HEARING on the following named attorney by placing a true and correct copy thereof in an envelope addressed as follows: PeteY B. Wold Wold, Jacobs & Johnson, P_A. Attorneys at Law Barristers Trust Building 247 Third Avenue South Minneapolis, MN, 55415 (which is the last known address of said attorney) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. 5ubscribed and sworn to be£ore me this 13th of August, 2001. Notary Publi PETER P. PAivG80RN NOTA�1'r'UBLIC - M;NN�SOTA A"•Y C:041MIS5EC�N EXF%?FS JAM. 3?, 2CA5 o � -�a-b� WOLD, .TACOBS & �TOHNSON, P.A. _' o.�i 1 J August6,2001 Peter B. Wnld' pwold�wQ com 6avid M.daco6s dlacobs3mp com Keith D. Johnson' ` k�ohnson!ahv�j com Grant R. J. Lindquist ghntlqwst�wj�.com Laurie Jacobs OfLce Atlmmistrator I�acobss'�w��.com Barr�ste�s Trust Budding 247 Thud Avenue South Mmneapolis, MN 55415 (612) 341-2525 Fax (612) 341-0776 Branch Offices' 4614 41 Vz Avenue �la Ro6hinsdale, MN 554i 2589 Hamline Avenue Smte B Roseville MN 55713 (763) 533-5337 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd Saint Paul, MN 55102 RE: All Licenses held by DAG, Inc. d/b/a Champps St. Paul for the premises located at 2401 West 7 Street in Saint Paul License ID #: 19980003106 Deaz Ms. Palmer: Please take notice that we are disputing the facts as stated in your July 1 l� letter as incomplete. We wish to have a hearing in front of an administrative judge. Peter B. Wold als cc: Dan Greenberg 'A75o hcensztl�n Nonh Dzkcta ""Certdi?d by the Mmnesota Stah_ Bar Assoc,ation as a Civil Trial Specialist CITY OF SAINT PAUL Norne Colentnn, i47n}�ar July 13, 2001 OFFICE THE CITY ATTORDIEY Clny ton h7. ...,uinson, Jr., Ciry' Attorney O\ v �nL 'L �"! Civit Division 400CityHn1! TelepGone:65/266-8i10 75 W"est Kellogg Bfcd. Facsimile: 65! 298-56I9 Saint Paid, blinaesota SilO? NOTICE OF VIOLATION Owner/Manager Champps St. Paul 2401 7"' Street West Saint Paul, Minnesota 55116 RE: A11 Licenses held by DAG, Inc. dfbla Champps St. Paul for the premises located at 2401 WesC 7"' Street in Saint Paul License ID #: 19980003106 Dear Sir/Madam: The Office of License Inspections and Environmental Protection has recommended adverse action against the licenses held by DAG, Inc. d/b/a Champps St. Paul for the premises located at 2401 West 7` Street in Saint Paul. The basis for the recommendation is as follows: On December 7, 200Q, a tfventy-year old female died in a car crash. The resulting police investigation determined that she had been drinking at Champps St. Paul, located at 2401 West 7` Street Interviews rvith witnesses determined that when the female entered Champps with some other friends, that a bartender on duty at the time stated that he knew her and she was "OK", so the bouncer let her in without identification or other proof of age. �Vitnesses also observed her ordering a beer and being served at the table by a waitress. Sale of alcohol to an underage person is a violation of Minn. Stat. §340A.503. The recommendation of the licensing office is for a$2,000.00 fine and a ten day suspension of your licenses, with the ten days suspension stayed for 18 months on the condition that there is no same or similar violation. Page 2 Champps St. Paul July 13 2001 � � —ta'�-7 If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you �yill need to send me a letter with a statement admittin� the violation and requesting a hearin� by Monday, July 23, 2001. The matter ��ill then be scheduled before the City Council for a public hearin� to determine what penalty, if any, to impose. You �vill have an opportunity to appear before the Council and make a statement on your own behalf as to the penalty to be imposed. If you do dispute the above facts, a hearing will be scheduled before an Administrati�•e Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence, and cross-examine the other's witnesses. The St. Paul City Council �vill ultimately decide the case. Please let me know in writin� no later than Monday, 3u]y 23, 2001, hoiv you wish to proceed. If you have not contacted me by Monday, July 23, 2001, I wil] assume that you are not contesting the facts and will schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allo�r ed and the recommended penalty will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, �,-•- `�v�p��.c� `�n�h Q Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Gayle Summers, Community Organizer, Highland District Council, 1978 Ford Pkwy.. St. Paul MN 55116-1922 6 \-12�.� STATE OF MINNESOTA ) ) Ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE 8Y MAIL JOADTNE G. CLEMENTS, being first duly sworn, deposes and says that on July 17, 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: Owner/Manager Champps St. Paul 2401 7 Street West St. Paul, MN. 55116 (which is the last known address o£ same, with postage prepaid, in the U Minnesota. Subscribed and sworn to before me this 17th of July, 2001. Notary Public PETER P. PANG80RN r� � NO7ARY PUBUC - AIINNESp7A MY CAMMi35roN EXPIRf.3 JAN. 31, 2W5 said person) depositing the License Group Comments Text Licensee: DAG INC DBA: CHAMPPS S7 PAUL License#: �ggg0003106 07/06/2001 a � -\a-�� 07/O6/2001 CAO has reports on service to an underege that ultimately resulted in the death of the patron. To CAO for adverse action. LIEP is recommending a S2000 fine, and 10 day closure suspended for 18 months for no same or similiar. CAR 0523/200� Adopted Resolution Ot-523 waiving the 45-day notice requirement and issuing the liquor on sale outdoor service license. caa 02/257200� Passed Sobacco Compliance Check. scs 0�/04/2001 letter received from landlord stating that a lease was renegotiated for DAG Inc. OK to renew. cadks/caa 11l07/2000 Lette� to DAG {nc. (Champps) informing that a Iease is not in place at this location, Wil not be able to renew liquor license until lease is in place.JL 04/71/2000 Congratulations letter sent for passiog alcAhol compliance check. SS 03/21/2000 Passed UM alcohol compliance check byVce Ramstad/Burke. SS 12/78/99 Passed DPS alcohol compliance check-DL 17/3/99 - Sent 1998 invoice for false alarms for $$SO.OWJL 07/20/99 passed cig compliance check - 08/11/99 letter sent SS On 2/2/99 Passed check; no "uno�cial' warning-DL 08l37/98 - Have received no complaints against this license by notification date of OS/28/98 per Gerry Strathman - license approved/JL 08112/98 license expiration date changetl to expire with insurance expiration date. CAR/CAM 7/'16/98 - notification response date 8/28/98, notices mailed 7/16/98; 77M, 110 & 46EM/JL �� C;/T!, Ut rJ " '�'� � �� A �TOR�� b\-12-�'� � - - admess �,see � cornea i �� - c�rca,ae�. � Licensee Neme – . .... . _ . . _._ . __., D6a: Seles TaX kY � y � «� i�� :-... � �—�,.. � �� .._.____ __'__ " _ "" -_ ." "' ___'___'_'""__"_'_"""'__"._" -_'__"_"_ " _'"`"____'_ "'-' _____ "' 7154 DAG VJC CfipMPpS 5f PPAP Alamr Pemut (IJew}Aclive PerApproachir� R¢newei Dale➢6t137f 998 D8R82�07 2 FaiseAlarms =ACive 01N7l149872R1n9982 � _" _ ""_'"____' _ . , _ ._. . . ....._..._. . .�._' '_'...__.__.'_'_'_.�.__.^._01NiROR7 t2f31P0012 0 �- �a-c.'� � LiCe ' �, = Licensee AG WC _ ' �'"'° `� A ` a ` "� �" DBA AH�PS 5T PAUL DB?. Sale� �� j Ucensee � li¢Types � Hsurance � Bond `Requvemerrts, ;� 4YOReM1Y r Licensee C�tfxial i Pta7ectFec+ldetor. ASl1NCIpp1.CORlNNE s. `; Streat Y: 401 .4tiverse Acllon Comnerds � ' StreEt Name: ; � S4eetTYPe. ST D'cectwrc � � ' 1Jn41nd r �R #. � Cdy: t-- PAUL �e��+PCOrraneMs ; yYate: � r�. r�� 16 7iq62007 CAO has reports an service ta an u�tlerage Wtimately resuRed in ihe tleath of the paNOn. To ' j��' " O far adversa edion. Ll� is rewmmentling a g2000 = r DistCrAmCA: IS � me.LAR —' � Sf13(j001 Atlop[ed Reml�dion Oi-523 wavuq ihe �7 � Lkensee: AG INC Licensee �3 ! DBA AMPPS ST PAUL �� . Seles Tax Itl: �3773206 Bus ! FalseAierms ft "95NiRM15`5�f31f2001 N . . . ; __""_.___�_____ ____�__._ ._.�_.:�. _ .�� " : Alarm Pumd (NewJ _ R_; 06p 31I998 08R82001 N ; " -- _�__� _ _�__ . _ S p FalseAlarms R '< Oirti1J1998 + t213111998 N g , License # B0003106 Save Chariger W H"story � o � - �a-c. � � Licensee AG INC Lice; t� �� A.. .�� . DBA 5T PAUL � � OBP� � :,. ,.«_.,.. " " Seie �^� � 1 Vc. Types � Insuance � 6ond , Reqmemerle 1 Luensee Name' AG WC N�� :s. ti� �' - OBA APAPPS ST PAUL `, Saies iax kt 773206 Nan-Profd: (— `Norker's Coma OAOR706J . .,c£: - AA CoNred Rec'd ONOA0�0 Aq Traning Rec'd Ort10n1000 � AA Fee Colleded: OA�A000 Discwrd Rec'G � ' W�erA en ticenses FnancielNoldReasons .� x. ._ r„-,�.xv .' ' ' _n" - tice,Ps��1�^T,lase'�Ce� ��',z'�'� �t. Ree.soti:, '�z� ..�,' `"�J?,ct�Yei . :, :c:.,`'.;!�� f� Adaa To corRact r License AtldreSs -Ma1 invoice Ta — r• na�a ra c�� ' Licerue Adckess y Backgroimd Check Req�nred j � ;Lieense# 80003106 o �-�a-c.� S'T. PAUL P�LICE TRAFFIC & ACCIDENT UN�T RECONSTRUCTION REPC)RT Nature of Incident:"Fatal Crash Investigation/Reconstxuction Cv 00-249-313 Subject #1: Kellv Joan Abbott DOB: 11-22-1980 AGE : 20 vears D/L # A-130-465-421-893 ADDRESS: 281 Butler Ave. , West St. Paul, Minnesota. SSli8 Vehicle # 1. Mn License 766-NAB Make Accura Model Le¢end. LL Cou�e Year 1989 Color Gold Owner Shanon Kellv KlueQel DOB: 06-15-19�5 Address 7987 Claiborn Ln. Tnver Grove. Mn. 55076 No tification/Resaonse On 12-07-2000, at approximately 0200 hours I received a telephone cail requestin� me to respond to an collision on West 7th St., just east of Homer St. The nature of the collision was a single vehicle crash and I was advised that the driver of the sinQle vehide had sustained a fatal injury. The call was assigned to, Officer Gilsrud, the azea squad. I arrived at the scene at approYimately 0230 hours and saw there were several squads and fire trucks on scene. I observed that the east and west bound lanes of W. 7` St had been secured to prevent any vehicular traffic from proceeding throuah the scene. I was briefed by Patrol Supervisor on scene, Sgt. Wuorinen. 0 � - � - 3-�-� MAI?v CO�iTRIBtTTING FACTOR; It is my professional opinion that the main contributins factor in this crash is driver irnpairment. That conclusion is based on the fact that there were no other vehicles involved in this crash. The manner that the vehicle left the zoadway, was in a �radual motion and appears to be non-evasive. That removes the possibility that some other object, ie. a vehicle, person or animal appeared in the roadway causing the victim to suddenly swerve to avoid the hazard. Further, the person that the victim w�as suppose to be following Jon Johnson, did not report seeing any objects that would cause evasive steerine maneuvers. The victim was observed consuming alcoholic beveraQes at Champps of St. Paul, and had a post mortem BAC of .207 Therefore it is my opinion that the main causative factor in this crash is Driver impairment due to a combination of alcohol and possible drug use. The result of this crash was the death of Kelly Joan Abbott, DOB ll-22-1980, age 20 years, from thermai injuries associated with a motor vehicle crash. This report is a summary of an investigation into a fatal collision which occurred on 12-07-2000 at approsimately 0145 hours near the intersection of West 7"' St. and Homer St. City of St. Paul, County of Ramsey, State of NIinnesota. Should any further information or evidence come forth in this investigation, my opinions and conclusions may be subject to minor changes. Reconstruction report by; Sgt. R. Klein, Traffic and Accident Unit, SPPD. 292-3722 26 D � - ��-c.� ��3�1=1J�;L Council File # O \ - \ „1 `� Green Sheet # � 3 �J RESOLUTION SALNT PAUL, MINNESOTA Presented By � , Referred To Committee: Date 1 WIIEREAS, adverse acrion was initiated against the licenses held by DAG, Inc., d/b/a Champps 2 St. Paul for the premises located at 2401 West 7`" Sh�eet (License Id # 19980003106) by Notice of 3 Violation dated Suly 13, 2001; and 4` 5 WHEREAS, parties have sripulated to certain facts and Licensee agrees that a sale of alcohol 6 was made to an underage person on December 6, 2000 after she entered the premises without her 7 idenrification being verified when an employee told the person at the door that she was "OK' ; and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the Office of License, Inspections and Environmental Protection has recommended a penalty in this matter of a$2,000 fine and a ten day suspension, with the suspension to be stayed for a period of eighteen months on the condirion that there be no further violations related to the license; and WHEREAS, this recommendation is a depar[ure from the penalty matrix contained in Saint Paul Legislative Code §409.26, which recommends a fine for the first violation, and the recommendation is based upon the fact that the individual served died in an automobile accident after she left the premises, and her alcohol concentration was determined to be 207.; now, therefore, be it RESOLVED, that the licenses held by DAG, Inc., d/b/a Champps St. Paul (License Id # 19980003106) are hereby suspended for a period of ten days, said suspension to be stayed for a period of eighteen months on the condirion that Licensee: 1) have no fiu-ther violations related to the license in that eighteen month period; and 2) pay a fine of $ 2,000, the fine to be paid within thirty days of the adoption of the Resolution to the Office of License, Inspections and Environmental Protection. 43 Requested by Department of: Adoption Certified by Council Secretary By: �`�"`� "" `tii ( 1 �,(,(.� Fosm Approved by City P�C�y / BY: ��,�SI �� Approved by Mayor for Submission to Council Adopted by Council: Date �e+.]i1 , {� a a Q� — _F �— —T OFFICE oF L=Ep Date: GREEN SHEET Roger Curtis, Director November �, zooi Oi_'a`3 266-9013 No . 1033 04 1 EPARTT�NT DIAECTOR 3 ITY CI�UNCIL � 2 IT1 ARTORNEY I1'Y CLEWC x�uwa ust be on CoUnCil Agenda by• � ��' DIRHCPOR IN. E MCl'. SVC. DIR. �Jy oeG• � YOR (OR ASSISTANT) OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That the licenses held by DAG, Inc_, d/b/a Champps Saint Paul for the premises located at 2401 West Seventh Street (License ID #19980003106)be suspend for a period of ten days, said suspension to be stayed for a period of eighteen mont on the cpndition that the licensee l.) have no further violations related to the license in that eighteen month period; and 2.) pay a fine of $2,000, the fine to be aid within thirty days of the adoption of the Resolution to the Office of License, Inspections and Environmental Protection. ECO[�SM16NDATIONS: APPROVE (A) OR REJECS (R) £RSONAL SBAVICE CONT[tACTS MUST ANSWEA THE POLLOWING: � PLANNING C06II CNIL SERVICE COM1A1I5SION 1. Ha5 the p¢rson/firm ever wOiked uRder a ContrdCt £oi this depaztment? CIH COMMITTEE _ BUSINESS REVIEW COUNCIL YES NO �$TAFp _ 2. xas this person/firm ever been a City employee? DISTAICT CWRT _ YES NO 3. Does Chis person/firm possess a skill not normally possessed by any SUPPORTS WHICH COUNCIL OHJECTNE? Curzent City employee? YES NO splain a11 YES answezs on a eeparate sheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): On December 6, 2000 Licensee made a sale of alcohol to an underage person after she entered the remises without her identification being verified when an employee'told the person the door that she was "OK." This recommendation is a departure from the penalty atrix contained in Saint Paul Legislative Code 409.26, which recommends a fine for the first violation, and the recommendation is based upon the fact that the individu served died in an automobile accident after she left t11e premises, and her alcohol concentration was determined to be .207. , . � �, „ VANTAGES IF APPROVED: Strong deterrent to licensed beverage establishments serving nderage clients,to the point of being over two times the 1ega1 BAC. ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: Lack of strong message against allowing under-age drinking. OTAL AMOUNT OF TRANSACTION�$ - COST/REVENUE BUDGETED YE5 NO FUNDING SOURCE " ' � � ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) �-------- --� � ..-. * s . � ..., ,,��`� � � 2601 o �-��> Interdepartmental Memorandum CITY OF SAINT PAUL DATE: December 3, 2001 TO: Council President Daniel Bostrom Councilmember Jerry Blakey - Ward 1 Councilmember Chris Coleman - Ward 2 Councilmember Patrick Harris - Ward 3 Councilmember Jay Benanav - Ward 4 Councilmember 7im Reiter - Ward 5 Councilmember Daniel Bostrom - Ward 6 Councilmember Kathy Lanhy - Ward 7 FROM: Peter Pangborn Legal Assistant City Attomey's Office RE: Continue From December 5, 2001 to February 6, 2002 Council Agenda Please continue item number 27, Resolution Ol -1263, Concerning adverse action against the licenses held by DAG, INC., d/b/a Champps St. Paul from the December 5, 2001 Council agenda to the February 6, 2002 Council agenda. If you have any question, I can be reached at ext. 6-8776. o�_►�� UNCONTESTED LICENSE HEARING Licensee Name: Address: Council Hearing Date Wednesday, November 28, 2001 Violation; Alcohol Sale To Underage Person (Minn. Stat. § 304A.503 (1994) and St. Paul Legislative Code § 409.08) resutting in death of patron Date of Violation: Place: DAG, Inc. d/b/a Champps St. Paul 2401 West 7�' Street December 6, 2000 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 1. $2,OOO.UO fine and 2. Ten day suspension of all ticenses stayed for eighteen months on condition that there be no further violations related to the license Attachments: 1. Proposed resolution 2. Stiputated Facts 3. Notice af Re-Scheduled Hearing 0 \ � �� 4. Notice of Hearing 5. 8/6/01 letter from Peter Wold to Virginia Pa{mer 6.Notice ofi Violation 7. License information 8. Police Department, Traffic & Accident Unit Reconstruction Report � �-�2-�� STIPULATED FACTS On December 6, 2000, a trventy-year old female, accompanied by friends, went to the Champps restaurant, located at 2401 West 7` Street in Saint Paul. Upon entering the establishment, a doorman asked the female for proper identification. She replied that she did not have her identification with her. She informed the bouncer, Nate Linder, that she knew the bartender, Tony Hocking, and that he would vouch for her. Hocking told Linder that she was "ok" and to let her in. Once they were seated, the waitress for the female and her friends checked with the bouncer who informed the waitress that they had been carded and were "ok". This underage person was served alcohol in violation of Minn. Stat. §340A.503. The next day, after learning that a person under legal age to drink had been admitted to the bar and served alcohol, Tony Hocking, the bartender who vouched for the underage patron, was immediately fired. This Champps establishment has not had a prior compliance check failure since the license was issued in 1998. Champps on West 7in successfully passed a compliance checks on February 22, 1999, December 18,1999 and March 21, 2000, and most recently on September 26, 2001. OFFICE OF THE CITY ATTORi�IEY Cleytan M Robinson, Jx, City Attorney CITY OF SAINT PAUL Norm Colemnn, Mayor November 14, 2001 CivilDivision 400 Ciry Hall IS West Kellogg Blvd. Sarnt P¢ul, Minnuotn i510? NOTICE OF COUNCIL HEARING Peter B. Wold Wo1d,7acob & Johnson Barristers Trust Building 247 Third Avenue South Minneapolis, Minnesota 55415 0 �� Telephone: 65I 266-8710 Facsimile: 651198-5619 RE: Licenses held by DAG, Inc. d/b/a Champps St. Paul for the premises located at 2401 West 7` Street in Saint Paul �,��,;��,;; License ID #: 980003106 °� `�'�'�� ' ' �'�`, Dear Mr. Wold: ;a g"•7�� ;,� �r',�`t . � �»n bF, �'� As you requested, we have moved the public hearing on th%s matter to the St. Paul City Council meeting on Wednesday, December 5, 20Q1. The hearing w ll,begin at 530 p.m. and will be held in the City Councii Chambers, Third Floor, Saint Paul City�all and Ramsey County Courthouse. If you have any questions, please call me at 266-8710. Very truly yours, �/ � `�•-rc,�t G'�.Q�- J Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Gayle Summers, Community Organizer, Highland District Council, 1978 Ford Pkwy., St. Paul MN 55116-1922 OFFICE OF THE CITY ATTORNEY Clayton M Robinson, Jr., City Attorney O' � CITY OF SAINT PAUL c,v<<D;v,s,oR Norm Coleman, M¢yor 400 Ciry� Ha11 Telepkone: 65! 266-87/0 IS West Kellogg Blvd. Fncsimile: 651198-5619 Snint Paid, Minnuota S.il01 i November 2, 2001 NOTICE OF COUNCIL HEARING PeterB. Wold Wold, Jacob & Johnson Barristers Trust Building 247 Third Avenue South Minneapolis, Minnesota SSA15 RE: Licenses held by DAG, Inc. d/b/a Champps St. Paul for the premises located at 2401 West 7` Street in Saint Paul License ID #: 980003106 Dear Mr. Wold: (� c ccm.b e.r S Please take notice that a hearing co eming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, , 2001 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that we have arrived at stipulated facts conceming the violation. These are the same facts which were set forth in the letter of October 11, 2001 which I sent to you, and which you indicated you believed your client could accept. As I have not heard anything to the contrary, I assume that your client is able to stipulate to these as the facts. You will have an opportunity at the Council hearing to present oral andlor written remarks as to the penalty, if any, to be imposed. The recommendation of the license office continues to be for $2,000 fine, and a ten day suspension of your licenses, with the ten days stayed for a period of eighteen months on the condition that there be no violations in that time period. O �y \iY� Page 2 Peter B. Wold November 2, 2001 If you have any questions, please call me at 266-8710. Very riuly yours, :/ � �1�(.�f�� `�p--Pv�., Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Gayle Summers, Community Organizer, Highland District Council, 1978 Ford Pkwy., St. Paul MN 55116-1922 OFFIC" �F THE CITY ATTORNEX Clay�[on �.. .:obinsors, Jc, CiryAnorney CITY OF SAINT PAUL c;,.,tD,,,,,�o„ Norm Colemnn, Mayo� 400 Ciry Ha!! IS IYestKe7toggBlvd. Sain[ Pau1, .titrnnuorn 55l02 September 12, 2001 NOTICE OF RE-SCHEDULED HEARIIVG Peter B. Wold Wold, Jacobs & Johnson, P.A. Attorneys at Law Barristers Trust Building 247 Third Avenue South Minneapolis, Minnesota 55415 fl � ,�u� Telepl+orse: 651266-8710 Facsin�ile: 651 ?98-56l9 RE: All Licenses held by DAG, Inc. d/bfa Champps St. Paul for the premises located at 2401 West 7` Street in Saint Paul License ID #: 19980003106 Dear Mr. Wold: Thank you for your �villingness to re-schedule the administrative hearing previously set for September 18, 2001. This matter has now been re-scheduled to Monday, October 15, 2001. The hearing will begin at 10:00 a.m. and wili be held in room 220, St. Paul City Hall/Ramsey County Courthouse, 15 West Kellogg Blvd., St. Paui, MN 55102. If you have any questions, you can ca11 me at 266-8776. Sincerek �, � /�� Peter P. Pang,. _ Legal Assistant cc: Judge Richard C. Luis, Office ofAdministrative Hearings, 100 «'ashinjton Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Gayle Summers, Community Organizer, Hi�hland District Council, 1978 Ford Pk«y., St. Paul NN 5 5 1 1 6-1 922 D�-\�3 STATE OF MINNESOTA COUNTY OF RAMSEY ss. AF'FIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 12, 2001, sl�e served the attached NOTICE OF RESCHEDULED HEARING on the following named attorney by placing a true and correct copy thereof in an envelope addressed as follows: Peter B. Wold Attorney at Law Barristers Trust Building 247 Third Avenue South Minneapolis, ML�3. 55415 (wfiich is the last known address of said attorney) depositing the same, with postage prepaid, in the United States mails at St_ Paul, Minnesota. Subscribed and sworn to before me this 12th of �eptember. 2001. �/�-� � .�:'::�. oe7�� ,;-�so�v - .,�. N:J7AR�� Pti9ll: -'=?'�hN�30TA Notary Public �'�� : r, � �a: ;_,; �xF�:•:.s.u,r�.3�,zoc� CITY OF SAINT PAUL Nann Colem¢ii, e1f¢yor August 9, 2001 Peter B. Wold Wo1d,Jacobs & Johnson,P.A. Attomeys at Law Barristers Trust Building 247 Third Avenue South Minneapolis, Minnesota 55415 OFFI( �F THE CITY ATTORNEY C[ayfon M. Robirtson� Jrt, Ciry Attorney 0 l _ 1�� ctvao��,sro» 400CityHal! Telepltone:651266-8770 IS West Keflo°8 B��d F¢csimile: 657 298-5619 Sairt[ Pau(, Mirsnesota 55702 NOTICE OF HEARING RE: All Licenses held by DAG, Inc. d/b/a Champps St. Paul for the premises located at 2401 West 7"' Street in Saint Paul License ID #: 19980003106 Dear Mr. Wold: Please take notice that a hearing will be held at the following time, date and place conceming all licenses for the premises identified above: Date: Tuesday, September 18, 2001 Time: 930 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 T eleph o n e: 612-349-2542 � i � ta�' The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed premises and for adverse action against such licenses, under Chapter 310, includin� sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidencewill be presented to the judge which may lead to adverse actaon a�ainst all the licenses held by DAG, Inc. d/b/a Champps St. Paul at the above premises as follows: On December 7, 2000, a twenty-year old female died in a car crash. Theresultingpoliceinvestigationdeterminedthatshehad been drinking at Champps St. Paui, located at 2401 �Vest 7` Street. Interviews with witnesses determined that when the female entered Champps with some other friends, that a bartender on duty at the time stated that he knew her and she was "OK", so the bouncer let her in without identiFcation or other proof of age. Witnesses also observed her ordering a beer and being served at the table by a waitress. Sale of alcohol to an underage person is a violation of Minn. Stat. §340A.503. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Le�islative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each ofwhom you may cross-examine. You may then offer in rebuttal any witnesses or evidence you may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Jud�e may in addition hear relevant and material testimony from persons not presented as �vitnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Councii. You should bring to the hearing all documents, records and witnesses you �vill or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400J000. If you think that this matter can be resolved or settled �cithout a formal hearin�, please contact the undersib ed. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative La�v 3ud�e for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 o�_�� If the licensee or their representative fails to appeaz at the hearing, the licensee's ability to challenge the ailegations will be forfeited and the allegations against the licensee which have been stated eazlier an this notice may be taken as true. If non-public data is received into evidence at the hearin„ it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, .�•' / / � L/�,c � C�-�''`•,�� Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washin�ton Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Gayle Summers, Community Organizer, Highland District Council, 1978 Ford Pkwy., St. Paul MN 55116-1922 Notice of Hearing - Page 3 STATE OF MINNESOTA o �-�a�� COUNTY OF RAMSEY ) ) ss. ) AF'E'IDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 13, 2001, she served the attached NOTICE OF HEARING on the following named attorney by placing a true and correct copy thereof in an envelope addressed as follows: PeteY B. Wold Wold, Jacobs & Johnson, P_A. Attorneys at Law Barristers Trust Building 247 Third Avenue South Minneapolis, MN, 55415 (which is the last known address of said attorney) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. 5ubscribed and sworn to be£ore me this 13th of August, 2001. Notary Publi PETER P. PAivG80RN NOTA�1'r'UBLIC - M;NN�SOTA A"•Y C:041MIS5EC�N EXF%?FS JAM. 3?, 2CA5 o � -�a-b� WOLD, .TACOBS & �TOHNSON, P.A. _' o.�i 1 J August6,2001 Peter B. Wnld' pwold�wQ com 6avid M.daco6s dlacobs3mp com Keith D. Johnson' ` k�ohnson!ahv�j com Grant R. J. Lindquist ghntlqwst�wj�.com Laurie Jacobs OfLce Atlmmistrator I�acobss'�w��.com Barr�ste�s Trust Budding 247 Thud Avenue South Mmneapolis, MN 55415 (612) 341-2525 Fax (612) 341-0776 Branch Offices' 4614 41 Vz Avenue �la Ro6hinsdale, MN 554i 2589 Hamline Avenue Smte B Roseville MN 55713 (763) 533-5337 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd Saint Paul, MN 55102 RE: All Licenses held by DAG, Inc. d/b/a Champps St. Paul for the premises located at 2401 West 7 Street in Saint Paul License ID #: 19980003106 Deaz Ms. Palmer: Please take notice that we are disputing the facts as stated in your July 1 l� letter as incomplete. We wish to have a hearing in front of an administrative judge. Peter B. Wold als cc: Dan Greenberg 'A75o hcensztl�n Nonh Dzkcta ""Certdi?d by the Mmnesota Stah_ Bar Assoc,ation as a Civil Trial Specialist CITY OF SAINT PAUL Norne Colentnn, i47n}�ar July 13, 2001 OFFICE THE CITY ATTORDIEY Clny ton h7. ...,uinson, Jr., Ciry' Attorney O\ v �nL 'L �"! Civit Division 400CityHn1! TelepGone:65/266-8i10 75 W"est Kellogg Bfcd. Facsimile: 65! 298-56I9 Saint Paid, blinaesota SilO? NOTICE OF VIOLATION Owner/Manager Champps St. Paul 2401 7"' Street West Saint Paul, Minnesota 55116 RE: A11 Licenses held by DAG, Inc. dfbla Champps St. Paul for the premises located at 2401 WesC 7"' Street in Saint Paul License ID #: 19980003106 Dear Sir/Madam: The Office of License Inspections and Environmental Protection has recommended adverse action against the licenses held by DAG, Inc. d/b/a Champps St. Paul for the premises located at 2401 West 7` Street in Saint Paul. The basis for the recommendation is as follows: On December 7, 200Q, a tfventy-year old female died in a car crash. The resulting police investigation determined that she had been drinking at Champps St. Paul, located at 2401 West 7` Street Interviews rvith witnesses determined that when the female entered Champps with some other friends, that a bartender on duty at the time stated that he knew her and she was "OK", so the bouncer let her in without identification or other proof of age. �Vitnesses also observed her ordering a beer and being served at the table by a waitress. Sale of alcohol to an underage person is a violation of Minn. Stat. §340A.503. The recommendation of the licensing office is for a$2,000.00 fine and a ten day suspension of your licenses, with the ten days suspension stayed for 18 months on the condition that there is no same or similar violation. Page 2 Champps St. Paul July 13 2001 � � —ta'�-7 If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you �yill need to send me a letter with a statement admittin� the violation and requesting a hearin� by Monday, July 23, 2001. The matter ��ill then be scheduled before the City Council for a public hearin� to determine what penalty, if any, to impose. You �vill have an opportunity to appear before the Council and make a statement on your own behalf as to the penalty to be imposed. If you do dispute the above facts, a hearing will be scheduled before an Administrati�•e Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence, and cross-examine the other's witnesses. The St. Paul City Council �vill ultimately decide the case. Please let me know in writin� no later than Monday, 3u]y 23, 2001, hoiv you wish to proceed. If you have not contacted me by Monday, July 23, 2001, I wil] assume that you are not contesting the facts and will schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allo�r ed and the recommended penalty will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, �,-•- `�v�p��.c� `�n�h Q Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Gayle Summers, Community Organizer, Highland District Council, 1978 Ford Pkwy.. St. Paul MN 55116-1922 6 \-12�.� STATE OF MINNESOTA ) ) Ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE 8Y MAIL JOADTNE G. CLEMENTS, being first duly sworn, deposes and says that on July 17, 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: Owner/Manager Champps St. Paul 2401 7 Street West St. Paul, MN. 55116 (which is the last known address o£ same, with postage prepaid, in the U Minnesota. Subscribed and sworn to before me this 17th of July, 2001. Notary Public PETER P. PANG80RN r� � NO7ARY PUBUC - AIINNESp7A MY CAMMi35roN EXPIRf.3 JAN. 31, 2W5 said person) depositing the License Group Comments Text Licensee: DAG INC DBA: CHAMPPS S7 PAUL License#: �ggg0003106 07/06/2001 a � -\a-�� 07/O6/2001 CAO has reports on service to an underege that ultimately resulted in the death of the patron. To CAO for adverse action. LIEP is recommending a S2000 fine, and 10 day closure suspended for 18 months for no same or similiar. CAR 0523/200� Adopted Resolution Ot-523 waiving the 45-day notice requirement and issuing the liquor on sale outdoor service license. caa 02/257200� Passed Sobacco Compliance Check. scs 0�/04/2001 letter received from landlord stating that a lease was renegotiated for DAG Inc. OK to renew. cadks/caa 11l07/2000 Lette� to DAG {nc. (Champps) informing that a Iease is not in place at this location, Wil not be able to renew liquor license until lease is in place.JL 04/71/2000 Congratulations letter sent for passiog alcAhol compliance check. SS 03/21/2000 Passed UM alcohol compliance check byVce Ramstad/Burke. SS 12/78/99 Passed DPS alcohol compliance check-DL 17/3/99 - Sent 1998 invoice for false alarms for $$SO.OWJL 07/20/99 passed cig compliance check - 08/11/99 letter sent SS On 2/2/99 Passed check; no "uno�cial' warning-DL 08l37/98 - Have received no complaints against this license by notification date of OS/28/98 per Gerry Strathman - license approved/JL 08112/98 license expiration date changetl to expire with insurance expiration date. CAR/CAM 7/'16/98 - notification response date 8/28/98, notices mailed 7/16/98; 77M, 110 & 46EM/JL �� C;/T!, Ut rJ " '�'� � �� A �TOR�� b\-12-�'� � - - admess �,see � cornea i �� - c�rca,ae�. � Licensee Neme – . .... . _ . . _._ . __., D6a: Seles TaX kY � y � «� i�� :-... � �—�,.. � �� .._.____ __'__ " _ "" -_ ." "' ___'___'_'""__"_'_"""'__"._" -_'__"_"_ " _'"`"____'_ "'-' _____ "' 7154 DAG VJC CfipMPpS 5f PPAP Alamr Pemut (IJew}Aclive PerApproachir� R¢newei Dale➢6t137f 998 D8R82�07 2 FaiseAlarms =ACive 01N7l149872R1n9982 � _" _ ""_'"____' _ . , _ ._. . . ....._..._. . .�._' '_'...__.__.'_'_'_.�.__.^._01NiROR7 t2f31P0012 0 �- �a-c.'� � LiCe ' �, = Licensee AG WC _ ' �'"'° `� A ` a ` "� �" DBA AH�PS 5T PAUL DB?. Sale� �� j Ucensee � li¢Types � Hsurance � Bond `Requvemerrts, ;� 4YOReM1Y r Licensee C�tfxial i Pta7ectFec+ldetor. ASl1NCIpp1.CORlNNE s. `; Streat Y: 401 .4tiverse Acllon Comnerds � ' StreEt Name: ; � S4eetTYPe. ST D'cectwrc � � ' 1Jn41nd r �R #. � Cdy: t-- PAUL �e��+PCOrraneMs ; yYate: � r�. r�� 16 7iq62007 CAO has reports an service ta an u�tlerage Wtimately resuRed in ihe tleath of the paNOn. To ' j��' " O far adversa edion. Ll� is rewmmentling a g2000 = r DistCrAmCA: IS � me.LAR —' � Sf13(j001 Atlop[ed Reml�dion Oi-523 wavuq ihe �7 � Lkensee: AG INC Licensee �3 ! DBA AMPPS ST PAUL �� . Seles Tax Itl: �3773206 Bus ! FalseAierms ft "95NiRM15`5�f31f2001 N . . . ; __""_.___�_____ ____�__._ ._.�_.:�. _ .�� " : Alarm Pumd (NewJ _ R_; 06p 31I998 08R82001 N ; " -- _�__� _ _�__ . _ S p FalseAlarms R '< Oirti1J1998 + t213111998 N g , License # B0003106 Save Chariger W H"story � o � - �a-c. � � Licensee AG INC Lice; t� �� A.. .�� . DBA 5T PAUL � � OBP� � :,. ,.«_.,.. " " Seie �^� � 1 Vc. Types � Insuance � 6ond , Reqmemerle 1 Luensee Name' AG WC N�� :s. ti� �' - OBA APAPPS ST PAUL `, Saies iax kt 773206 Nan-Profd: (— `Norker's Coma OAOR706J . .,c£: - AA CoNred Rec'd ONOA0�0 Aq Traning Rec'd Ort10n1000 � AA Fee Colleded: OA�A000 Discwrd Rec'G � ' W�erA en ticenses FnancielNoldReasons .� x. ._ r„-,�.xv .' ' ' _n" - tice,Ps��1�^T,lase'�Ce� ��',z'�'� �t. Ree.soti:, '�z� ..�,' `"�J?,ct�Yei . :, :c:.,`'.;!�� f� Adaa To corRact r License AtldreSs -Ma1 invoice Ta — r• na�a ra c�� ' Licerue Adckess y Backgroimd Check Req�nred j � ;Lieense# 80003106 o �-�a-c.� S'T. PAUL P�LICE TRAFFIC & ACCIDENT UN�T RECONSTRUCTION REPC)RT Nature of Incident:"Fatal Crash Investigation/Reconstxuction Cv 00-249-313 Subject #1: Kellv Joan Abbott DOB: 11-22-1980 AGE : 20 vears D/L # A-130-465-421-893 ADDRESS: 281 Butler Ave. , West St. Paul, Minnesota. SSli8 Vehicle # 1. Mn License 766-NAB Make Accura Model Le¢end. LL Cou�e Year 1989 Color Gold Owner Shanon Kellv KlueQel DOB: 06-15-19�5 Address 7987 Claiborn Ln. Tnver Grove. Mn. 55076 No tification/Resaonse On 12-07-2000, at approximately 0200 hours I received a telephone cail requestin� me to respond to an collision on West 7th St., just east of Homer St. The nature of the collision was a single vehicle crash and I was advised that the driver of the sinQle vehide had sustained a fatal injury. The call was assigned to, Officer Gilsrud, the azea squad. I arrived at the scene at approYimately 0230 hours and saw there were several squads and fire trucks on scene. I observed that the east and west bound lanes of W. 7` St had been secured to prevent any vehicular traffic from proceeding throuah the scene. I was briefed by Patrol Supervisor on scene, Sgt. Wuorinen. 0 � - � - 3-�-� MAI?v CO�iTRIBtTTING FACTOR; It is my professional opinion that the main contributins factor in this crash is driver irnpairment. That conclusion is based on the fact that there were no other vehicles involved in this crash. The manner that the vehicle left the zoadway, was in a �radual motion and appears to be non-evasive. That removes the possibility that some other object, ie. a vehicle, person or animal appeared in the roadway causing the victim to suddenly swerve to avoid the hazard. Further, the person that the victim w�as suppose to be following Jon Johnson, did not report seeing any objects that would cause evasive steerine maneuvers. The victim was observed consuming alcoholic beveraQes at Champps of St. Paul, and had a post mortem BAC of .207 Therefore it is my opinion that the main causative factor in this crash is Driver impairment due to a combination of alcohol and possible drug use. The result of this crash was the death of Kelly Joan Abbott, DOB ll-22-1980, age 20 years, from thermai injuries associated with a motor vehicle crash. This report is a summary of an investigation into a fatal collision which occurred on 12-07-2000 at approsimately 0145 hours near the intersection of West 7"' St. and Homer St. City of St. Paul, County of Ramsey, State of NIinnesota. Should any further information or evidence come forth in this investigation, my opinions and conclusions may be subject to minor changes. Reconstruction report by; Sgt. R. Klein, Traffic and Accident Unit, SPPD. 292-3722 26 D � - ��-c.�