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02-1103S�� — t� � a J, a ,�� _ CouncilFile# 0.�.•�\v"•1 �V Green Sheet # 100 .'� 1'� Presented By Referred To Committee: Date 1 WHEREAS, adverse action was initiated against the licenses held by Whoopee, Inc., 2 d/b/a Triviski's Bar for the premises located at 173 South Robert Street in Saint Paul (License ID 3 # 20885) by Notice of Violation dated October 23, 2002, alleging a failure to take reasonable 4 steps to stop patrons from leaving the premises with alcohol on September 29, 2002; and 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREAS, licensee admitted the violation and requested a hearing before the City Council to address the appropriate penalty, which was scheduled for November 2Q 2002; and WHEREAS, a second violation came to the attention of the Office of LIEP prior to the hearing at council on the first matter and a second Notice of Violation, dated November 8, 2002, was sent alleging failure to take reasonable steps to stop patrons from leaving the premises with alcohol from an incident on September 14, 2002; and WIIEREAS, licensee met with the Office of L1EP and agreed to conditions being placed on the license, at which time a third violation of sale of alcohol to an underage person from November 8, 2002 was brought to their attention; and WHEREAS, licensee has admitted that all three violations occurred and wishes to have all matters heard together; and WHEREAS, Saint Paul Legislative Code §409.26 calls for a presumptive penalty of $500 for a first violation, a$1,000 fine for the second violation and license suspension for a third violauon but pernuts violations which have occurred before the hearing to be consolidated and considered as a first appearance with multiple violations; and WHEREAS, the council is to consider the presumptive penalty for each violation in arriving at the penalty for a multiple violation; and WHEREAS, the Office of LIEP is recommending the imposition of a$2,000 fine, with $1,500 suspended for a period of 18 months on condition that there be no further violations in that time, and that licensee abide by the conditions which have been placed on the license; now, therefore be it RESOLVED, that a fine of $2,000.00 is hereby imposed against the licenses held by Whoopee, Inc., d/b/a Triviski's Bar for the premises located at 173 South Robert Street in Saint Paul (License ID# 20885) for the September 14, and September 29, 2002 violations of failure to take reasonable steps to stop patrons from leaving the premises with alcohol and the November 8, 2002 sale of alcohol to an underage person. Fifteen hundred dollars ($ 1,500.00) of said fine shall be stayed for a period of 18 months on the condition that 1) $500 be paid to the Office of oa_��3 1 LIEP within thirty days of the passage and approval of this resolution; 2) there are no further 2 violarions of law in the 18 month period; and 3) licensee abides by the conditions placed on the 3 license. DEPARTMENT/OFF[CFJCOUNCIL: DATE INITTATED GREEN SHEET NO.: ZOOZH2. � LIEP Nov 6, 2002 b�- �( CONTACT PERSON & PHONE: �i't'inunn7'E INlTTnunwl� Virginia Palmer (266-8710) � nsr��rn�Errr nm. ci� couxcu. NNST BE ON COUNCII. AGEPIDA BY (DATE) �SIGN — C1TY ATIORNEY _ CTTY CLERK FINANCIAL SERV DII2. FINANCIAL SERV/ACCTG NOV. LO� LOOL �le3TlTlg� pNiJNffiER — MAYOR(ORASST.) _CNII,SERVICECOMMISSION ROUTING ORDER TOTAL # OF SIGNATORE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE) ncnox xEQUESrEn: Adverse action against the licenses held by Whoopee, Inc. d/b/a Triviski's Bar, located at 173 South Robert Street RECOMMENDA7TONS: Approve (A) or Reject (R) PERSONAI, SERV[CE CONTRACTS M[JST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMLSSION ]. Has tfiis person/fvm ever worked under a contract for this departrnenl? CIB COMMITTEE Yes No CNII. SERVICE COMMISSION 2. Has this person/finn ever been a ciry employee? Yes No 3. Dces this person/firtn possess a skill not normally possessed by any cmrent ciTy ertsptoyee? Yes No Eaplaiu all yes answers oo separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTIJNII'P (Who, What, When, Where, Why): Whoopee, Inc. d/b/a Triviski's Baz, failed to take reasonable steps to stop patrons from leaving the licensed premises with alcoholic beverages. •� ��°o� �� og�=2,e,.,€- ��,�,.�e� � ��tt �, �� i�� , a ADVANTAGES IF APPROVED: CounciI action necessary to impose penalty for violation. DISADVANTAGESIFAPPROVED: None. DISADVANTAGES IF NOT APPROVED: No penalty will be imposed for license violarion. TOTAL AMOUNT OF'PRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAI. INFORMATION: (EXPLAIN) I\USERSNANGHOAN�grernsAen - akoM1oi wrry I B wpd . ._ PACKET AMENDMENT UNCONTESTED LICENSE HEARING Licensee Name: Whoopee, Inc. d/b/a Triviski's Bar Address: 173 Robert Street South Council Hearing Date: Wednesday, November 20, 2002 oa-��o3 2" Violation: Failure to take reasonable steps to stop patrons from leaving the licensed premises with alcoholic beverages. Saint Paul Legislative Code §409.08(15) Date of Violation: September 14, 2002 3` Violation: Sale of Alcohol to an Underage Person Minn. Stat. § 304A.503 (1994) St. Paul Legislative Code § 409.08 Date of Violation Place: November 8, 2002 licensed premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $2,000.00 Fine -$1,500.00 stayed for 18 months on condition: 1) licensee pay $500 fine 2) no further violations during 18 month period 3) licensee abides by conditions placed on license o a -t �03 Attachments: 6. Substitute resolution 7. Police Report CN 02-202998 (2" violation) 8. 11/8/02 Notice of Violation 9. 11/15/02 letter from Tom Perkins acknowledging violation 10. Police Report CN 02-246406 (3� violation) � ��' � v Saint Paul Police Department Pase , ____ ORIGINAL OFFENSE / INCIDENT REPORT o�-� �03 Complaint Numbe� Refirence C.N. Primary oflense Date and Time otReport 02-202998 I NF O RMA T I O N TO L.I.E.P. - 09/14/2002 00:25 Primary Repoting Of6cer. ANTHONY T SPENCER Primary oflense detad. Primarysquad.� 238 Secondary reporting olficer. Distnct CENTRAL ( CENTRAL DISTRICT ) Secondary offense: �ocaeon ofinddent � 73 ROBERT ST S Name otlocationmusiness: TRIVISKIS vate & Sme otoceurence: 09/15/2002 �D:25 Arrest made? Date & time of arrest POLICE PERSONNEL INVOLVED • Anest made on view: PursuR eagaged: Amst made on warrant or previous CN: Weapons used by police: Weapons used by sus/xct at time of anest Resistance ertcouatered: CHARGES (NONE) NAMES — OTHER URBINA, EDUARDO JOSE 1061 HALL ST STPAUL MN 55107 PhyslcalDescripSon Phones Sex MALE Neight HairCo�or Home pl7one 651-306-0258 Race WHITE Weight Hispanic YES ooe 03/19/1979 Age 23 Bm7d S(cin OLIVE HairType Hair Length facial Hair � r � C Employment f-� Occupation � Emp/oyer --(� � Physlcal Condkron Consciousness CONSCIOUS Drug/alcoho/use HAD BEEN DRINKING INTOXICATED ALCOHOL OTHER MEATH, GEORGIA JEAN 173 RT ST S STPAUL PhysicalDescripSon Sex FEMALE Height HairGOlor Race WH1TE weight Hispanic DOB 02/17/1959 Age 43 Bui/d Skin PALE NairType Hair Length Facia/ Harr MN 55107 Phones L.�–r��- L`l��D— r=' , .:�-. � -c.� : G�: �-�c- i_/<<. � LtG �. , - ' Saint Paul Pofice Department Page 2 __ ORIGINAL OFFENSE / INCIDE6�1T REPORT oa-Iio3 Compiain£ Number Reterence C.N. Primary otlense Date and rme of Report 02-202998 I�IFORMATION TO L.I.E.P. 09/14/2002 00:25 Physlea! Conditlon Employment consdousness CONSCIOUS occupa5on gqr�,TENDER Drug/akoho/use Emp'oyer TRIVISKIS BAR OTHER CLEMENTS, GARYJAM 173 ROBERT ST S STPAUL MN 55107 Phystcal DesctipSon Phanes Sex MALE Neight HairColor Race WHITE Weight Hispanic ooe 04l29/1930 Age 72 . Budd Skin pqLE Hair Type Hair Length Facial Hair Physlcal Cond"Rlon Employment Consciousness CONSCIOUS occupation BARTENDER Dnig/afcoho/ use Employer TR v;SKIS BAR CRIME SCENE DESCRIPTORS Crime Scene rype OFFICE/COMMERCIAL Description BAR/NIGHTCLUB/TAVERN Mefhod 8 Poln! of Enfry Fmce used NOT FORCED Point ot entry Method PROPERTY (NOP1E) VEHICLE INFORMATION (NONE) SOLVABILITY FACTORS Can suspect be identified? Can be identified by Crime scene processed? Photos taken? Evidenee tumed in? Is sto/en property Maceab/e? Prope+ty tumed in? PUBLIC NARRATIVE Liquor license violation at Triviski's bar. NARRATIVE On 09/74/'t002 at 0025 hrs. I(Off. Spencer - Sqd #238) was conc„�cting a routine premise check at Triviski's Bar, 173 S. Robert St., with Officer Randall - Sqd #218. As we were walking the parking lot we heard a male voice yell, "I just paid 550.00 for this shit!". We then heard a trunk slam shut. As we walked around the corner I observed a male known to me from numerous past contacts as URBINA, EDUARDO JOSE (DOB: 03/19(1979, 1061 HALL ST , .F � ; � __� t � F�L::E � � ••: Saint Paul Police Department Page 3 ORIGINAL OFFENS� / INCIdCNT REPORT oh-1/o' Refe2nce C.N. Primary offense Date and Time of Report INFORMATION TO L.I.E.P. 09/14/2002 00:25 STPAUL, MN 55107, Home phone 651306-025$) walking away from rhe vehicle with a female. URBINA looked at Officer Randall and I and said "Oh, fuck!". I asked him what he had just bought for 550.00 and put in the trunk. He did not answer. I asked him if it was dope or booze and he told me "its beer". I am assigned to the West Side Beat and am familiar with the businesses that have liquor licenses and what the conditions ot those licenses are. I know t��et Triviski's Bar is not licensed as a Off-Sale bar. 1 asked URBINA if he had purchased the beer in the bar and he told me he had. i observed to six packs of Corona Beer in the trunk, each six pack was still cold. He would not say who he purchased the beer from in the bar. We told him to leave the premises. Officer Randall and 1 destroyed the confiscated beer. We then entered the bar to monitor bar closing. We observed numerous patrons exiting out the front door with bottles or drinks in their hands. The empioyees that were monitoring the door were busy visiting with exiting patrons and were not paying attention to the numerous bottles and drinks going �::t of the bar. We identified the two bartenders that were working, MEATH, GEORGIA JEAN fDOB: 02/17/1959, 173 ROBERT ST S, STPAUL, MN 55107) and CLEMENTS, GARY JAMES (DOB: 04/29/1930, 173 ROBERT ST S, STPAUL, MN 55107). MEATH told me she was the one who had sold the beer to URBINA. She told me she thought he was going to drink them in the bar. I told her it was odd to me that the bottles still had caps on them and they were in the carry packs. I toid her it was my experience when you purchase a beer in a bar that the bartenders open the bottles. She heid to her version thaT she assumed he was going to consume the beers in the bar. They did not have an answer on how someone walks by the door person with two six packs of bottled beer. We then wialked out to monitor the parking lot as the crowd was dispersing. We observed numerous people confronting and threatening two black males in the pa:king lot. Numerous peopie in the confrontation were carrying beer bottles. Additional squads wer:. requested to respond to the location to assist with dispersing the crowd. The crowd was disperse�.�without additional incidents. On numerous occasions I have monitored bar closing at Triviski's bar and the problems I have observed appear to be getting worse rather than remedied. We have on numerous occasions advised door staff that patrons cannot be allowed to leave with alcohol. We have atso asked that they walk the parking lot to keep patrons from loitering in their vehicles or in the lot. We have made numerous narcotics arrests and narcotics related arrests from the parking lot in the past few months. The bar has also become the new hangout for the Brown For Life (BFL) gang. This gang has been involved in numerous bar shootings on the West Side in the past fe:: years and most recentiy BFL members were involved in a shooting at the Brown Derby Bar this past Winter. Gang members are wearing colors and BFL shirts in the bar. This has been the precipitating factor in numerous fights at the bar as gang members start fights with "outsiders". The DJ in the bar has been advising patrons she is the "Official DJ of the BFL". Please forward report to F.O.R.C.E. Unit, special attention Officers Parsons and Jacobson and L.I.E.P. special attention Kristina Schweinler and Christine Rozek. � Piease distributeto: CN Team (Cmdr Smith), L.I.E.P., F.O.R.C.c. (Officers Parson and Jacobson) CHF Hom _Rob _Juv _Oper _PSC:' _Lab _Rec _Team SeX D/C _Burg _Theft _Prop _CO _Rptr _Vice _Narco _SIU CAi1 F&F Auto DAO _T&A _Other 1�rSVi�n �. oa-��o3 CITY OF SAINT PAUL Rnndy C. Kel[y, Nfnyor November 8, 2002 NOTICE OF VIOLATION Owner/Manager Triviski's Bar 173 South Robert Street Saint Paul, MN 55107 OFFIC� .F THE CITY ATTORNEY MrsnuelJ. Cervrsntes, CiryA!lorxey Civi! Division 400 Ciry Hn![ 15 LYest Kel[ogg Blvd. Saint Pard, Minnesata 55l01 Te[epliane: 651266-8710 Fncsimi(e: 651298-5619 RE: All licenses held by Whoopee, Inc., d/b/a Triviski's Bar for the premises located at 173 South Robert Street in Saint Paul License ID #: 20885 Dear Sir/Madam: The Office of License Inspections and Environmental Protection has recommended adverse action against the licenses held by Whoopee, Inc., d/b/a Triviski's Bar for the premises located at 173 South Robert Street in Saint Paul. The basis for the recommendation is as follows: On September 14, 2002 a Saint Paul police officer was conducting a premises check at Triviski's when he overheard a person who had purchased two six packs of Corona Beer at Triviski's and had them in the trunk of his car in the parking lot. The six packs were still cold, and the person admitted buying the beer inside. The officer went inside and found the bartender who had sold the beer, Georgia Meath, who said she thought the person was going to drink the beer inside the bar. The officer questioned why the beer was stili in the carry pack and all bottles had the caps still on, but she maintained that she thought the customer would drink the beer inside. Triviski's does not hold an off-sale liquor license and Saint Paul Legislative Code §409.02 does not permit the holder of an on- sale liquor license to sell alcohol for consumption off the licensed premises. The officer also observed patrons exiting out the front door of the bar with bottles and drinks in their hands. They were walking past the employees monitoring the door without being AA-ADA-EEO Employer Page 2 Triviski's Bar November 8, 2002 stopped. Saint Paul Legislative Code §409.08(15) requires a licensee to take reasonable steps to insure that persons do not leave the licensed premises with bottles, cans or glasses containing alcoholic beverages. oa �to3 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 may also combine this violation with the September 29, 2002 violation which is currently scheduled for a hearing before the City Council on November 20, 2002. Saint Paul Legislative Code allows the combining of violations if the licensee admits to the facts of the violations. The appeazance before the City Council will then be treated as a"ls` appearance" for the purpose of determining a penalty, although multiple violations are grounds for departure from such penalties in the council's discretion. If this is your choice, you will need to send me a letter with a statement admitting this second violation and requesting that the violations be combined for the November 20, 2002 City Council hearing. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you are contesting the facts. You will then be sent a"Notice of Hearing," 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 Manday, November 18, 2002, 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 a separate hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, � �hu� � � �� Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Community Organizer, West Side Citizens Or�anization, 127 Winifred St. W., St. Paul, Iv1N 55107-2128 AA-ADA-EEO Employer oa-��o3 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOt1NNE G. CI.EMENTS, being first duly sworn, deposes and says that on November 12, 2002, she served the attached NOTICE OF VIOLATION placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Triviski's Bar 173 So. Robert Street St. Paul, MN. 55107 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 12th day of November, 2002. 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ANTHONY T SPENCER Pnmary oflense detail: Pnmary squad: 238 Secondary reporting officer. Distnct: CENTRAL ( CENTRAL DISTRICT ) Szcondary offense: �ocason ofinadent: � 73 ROBERT ST S Name oflocatioM6usiness: TRIVISKI'S BAR Date & 6me of occurence: i l/Q912002 23:00 Anest mada? Date 8 time of arresk POLICE PERSONNEL INVOLVED Arrest made on view: Arrest made on warrant or previous CN: Weapons used by pol7ce: Weapons used 6y suspect at time of ariest Pursuft engaged: Resistance encountered: CHARGES (N ONE) NAMES SUSPECT RICO, ALBERTO AYALA 702 BRADLEY ST STPAUL MN 55106 Physical Description Phones Sex MALE Race �/�/HITE Hispanic YES ooe 01/21/1982 Age 20 Height Weight Bui7d skin OLIVE Hair Co/or HairType Hairtength Facial Hair Home phone 612-730-2443 Physical Condition Emp/oymen[ Consciousness CONSCIOUS Occupa6'on Drug/alcoboluse ALCCHOL Emp'oyer CRIME SCENE DESCRIPTORS Criroe Scene Type OFFICE/COMMERCIAL Descnp6on BAR/NIGHTCLUB/TAVERN Mefhod & Point of Entry Foroe used NOT FORCED Point of entry Method PROPERTY (NONE) VEHICLE INFORMATION (NONE) ,�- �.<< - r - t�� , �� , P � �S ►-- � s7C� ..�,ra,,, .. �' F•:QI�_E + Comp�aint Number Saint Paul Police Department oa-��o3 Page 2 ORIGINAL OFFENSE / INCIDENT REPORT Reference C.N. Pnmary offense Date and rime of Report 02-246406 INFO TO LICENSING (LIEP) 11/08/2002 23:00 SOLVABILITY FACTORS Can suspect6e idenfified? YES Cnme scene piocessed? Photos taken? Canbeiden66edby PQ��CE Evidence tumed in? Is sto/en pioperty traceable? Pioperty tumed in? PUBLIC NARRATIVE informat:on report to LIEP NARRATIVE On 1 1/08/2002 at 2300 hrs. I(Off. Spencer - Sqd #238) conducted a routine premise check at 173 S. Robert St., Triviski's Bar, along with Officer Riley - Sqd #249, and LIEP Inspecior Schweinler. While in the bar I observed a maie that appeared to be underage. We had been monitoring the front door and observed the door staff was not properly identifying people entering the nightclub. I ap�;roached the male and asked him to step outside. Once outside the bar he admitted to us that he was indeed only 20 years old and had been in tfie bar drinking beer. He told us he had approximately three beers and one of his friends had been purchasing them for him from one of the barienders behind the bar. We checked the paper identification he had with him and it clearly stated his date of birYh as 01/21/1982. He told us the door staff did not even ask him for identification. Triviski's bar is an on-going problem property on the West Side and has been the scene of assault calls, disorderly person calls, narcotics arrests and warrant arrests in the past few months. Tri��iski's bar has also become the hangout of the locai Brown For Life (BFL) gang. This was the garg that was invoived in numerous violent incidents at the Brown Derby Bar prior to that club being closed for numerous repeated licensing violations. RICO was released at the scene and told not to return. We returned to the '�ar to monitor the activity, we still did not see door staff actively identifying people, they let in numerous people that simply stated they did not have identification. While in the bar I was approached by a BFL member known to me as "MOUSEY" (FELIX ZAPATA). He told me he appreciated all the work we do but asked if we could now leave so people could have a good time. I told him that was not a request he was fit to make, and he became very belligerent stating tha: it was bullshit that the cops would come in and watch a bar. I exp�ained to him that we were me;ely being responsive to the West Side Community and addressing a problem before it became the magniTUde of the Brown Derby and the negative neighborhood impact that entailed. He could not comprehend what was being said to him and he continued to be belligerent towards me. He demanded to know "Who the lady was that was with us". I explained to him that she was from the City Licensing Otfice and here to monitor the bar. "MOUSEY" told me the West Side was his neighborhood and I better remember who he is. I took his verbal tirade as an attempt to try to intimidate Otficers from monitoring the bar. I told him we would leave when we felt like we were ready. BFL leader Bobby Franco works the front door and I believe "MOUSEY" assists him with bo��ncer duties. Numerous people co�tinued to enter the bar up until closing. Last call was made well after 0030 hrs, and there were no security personell clearing the parking lot. Please distribute to: LIEP CHF Hom Rob Juv SeX D/C _Burg _Theft CO Rptr _Vice _Narco _Oper _PSC _Lab _Prop _CAU _SIU _T&A Rec Team _F&F _Auto DAO _Other oa-��o3 Interdeparhnental Memorandum CITY OF SAINT PAUL DATE: November 19, 2002 TO: Council Fresident Daniel Bostrom Councilmember Jerry Blakey - Ward 1 Councilmember Chris Coleman - Ward 2 Councilmember Patrick Harris - Ward 3 Councilmember Jay Benanav - Ward 4 Councilmember Jim Reiter - Ward 5 Councilmember Daniel Bostrom - Ward 6 Councilmember Kathy Lantry - Wazd 7 FROM: Peter Pangborn Legai Assistant City Attorney's Office RE: Amendment to Council Agenda Item # 65 - Triviski's Bar November 20, 2002 Council Hearing ��x'�' :. ,_" . _ ,F;� ., , �,WV� Please add the attached Packet Amendment to the council packet for item number 65. Resolution - 02-1103 - ConcerninQ adverse action aQainst the licenses held bv Whonee, Inc. d/b/a Triviski's Bar, 173 South Robert Street. There have been two additional violations at the licensed premises and the licensee has agreed to have all three violations considered at the public hearing scheduled before Council on November 20, 2002. A substitute resolution is also attached. If you have any questions, I can be reached at ext. 6-8776. Tha yex� / t / ��%'Ci- - Council File # �� 03 Green Sheet # � eZ8'�. RESOLUTION CITY Presented By Referred To Committee: Date �S WHEREAS, adverse action was initiated against the licenses heid by oopee, Inc., d/b/a Triviski's Bar for the premises located at 173 South Robert Street in S� t Paul (License ID # 20885) by Notice of ViolaTion dated October 23, 2002, alleging a failure take reasonable steps to stop patrons from leaving the premises with alcohol on Septemb 29, 2002; and WHEREAS, Saint Paul Legislative Code §409.26 calls for a�5iesumptive penalty of $500 for this offense as a first violation; now, therefore be it � RESOLVED, that a fine of $500.00 is hereby impos against the licenses held by Whoopee, Inc., d/b/a Triviski's Bar for the premises locate at 173 South Robert Street in Saint Paul (License ID# 20885) for the September 29, 2002 v� ation of failure to take reasonable steps to stop patrons from leaving the premises with al hol. Said fine shall be paid to the Office of LIEP within thirty days of the passage and approv of this resolution. Adopted by Council: Adoption Certified by/COUncil Secretasy BY� Approved by Mayor: �': Date Requested by Department of: By: \^�✓�.'LLA/�n^`t/ � V CITY OF SAINT PAUL Randy C. Ke71y, Mayor November 5, 2002 OFFICE OF Tf� CITY ATTORNEY Manue[J.Cervantu,CiryAttorney �}.��0� cr�rDrrisron 400CiryHall Telephone:651266-8710 ISWestKelloggB[vd. Facsimile:651298-5619 Saint Paul, Minnuota SS102 NOTICE OF COUNCIL HEARING Owner/Manager Triviski's Bar 173 South Robert Street Saint Paul, Minnesota 55107 RE: All licenses held by Whoopee, Inc., d/b/a Triviski's Bar for the premises located at 173 South Robert Street in Saint Paul License ID #: 20885 Deaz Sir/Madam: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, November 20, 2002 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 the facts conceming the failure to take reasonable steps to stop patrons from leaving the licensed premises with alcoholic beverages have not been denied. You will have an opporhxnity at the Council hearing to present aral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for $500.00 fine. If you have any questions, please call me at 266-8710. Very truly yours, ��°. � �R-�'� Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, Deputy Director of LIEP Community Organizer, West Side Citizens Organization, 127 Winifred St. W., St. Paul, MN 55107-2128 AA-ADA-EEO Employer oi-1co3 UNCONTESTED LICENSE HEARING Licensee Name: Whoopee, Inc. d/b/a Triviski's Bar Address: 173 Robert Street South Council Hearing Date: Wednesday, November 20, 2002 Violation: Failure to take reasonable steps to stop patrons from leaving the licensed premises with alcoholic beverages. Saint Paul Legislative Code §409.08(15) Date of Violation: Place: September 29, 2002 licensed premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. Proposed resolution 2. Letter from Tom Perkins acknowledging violation 3. Notice of Violation 4. License information 5. Police Report CN 02-215-744 AA-ADA-EEO Employer `� � ;- aa-��o3 ro a�c� � � , � i Qa� �� (�l ICt L� 2,��5 � �� S' ��eci ev.ecl y(iu � l-2f�er, - �D� C� � �col�l-�o� 6�. Se�+ a�, o�,. � . .-1-I�/l NOf � t5�t,l_ 1'� �112 �1�ola+i��, bu-� ��d ��--fv -�ei� a�� .r �� 0� -� � , � �(c�s ��t �r�lf, , r�f M� Secu�(�� Nl�.�. �.�.��, D` -'�g� ��-�ec1 I� -j-h� ��-1 �.i� C�u.tc� I�r L�c1 , U. -�t�--l� �f i�cj Ic�t, �f w� (s ,��-�lh� (�I�I- 6�'p� le �'a� Qu`.� - k��c�r � �1 t �e� (��-�-�es 1 �-�-�� Q�d�l M�e �er��i �t �, ' � �F�.�� ; � b�t��, s �s -t-�� -��- ��ioF� � �.v�� hei� i n I �yea� -- t - �o,� - d �� I�.v.e ��t��ed -fh� bus� �e� � � � s �� ir�-� V to�,,tto� s��c�-� ��Jt�,��iness wc�5 s �. � ec��s �9� �l� i'� ��rn < < , The �-� �n� o�' �-�u� �h�c��`ed �6 � � ' � � ! �o. s �5 0 � r� -� !� �a�rd 6� � ��.��ness. ��c� � � � . . ��-� �1. �� M��c� �,v ► t � C�oc��-t �nu.e�� a -�c�r a.� � ��c�-t'o�s -� — f -�� fi� 6�� a�� ' , ��v��s�Y��-�u�ovrt- I �1 ��t i�s �r (��'-� (�vt�� 2� �-��y- �n3 �, I�o�rt SE-_ . _ S7�e�( � rn ��rt��s � 5� ��.��- 6�� -�tb� �' .� _ OFFICL : ° THE CITY ATTORNEY Manuel J. Cervnntes, Ciry Attorney O 1.I'� O CITY OF SAINT PAUL Randy C. Kel[y, Mayor October 23, 2002 Owner/Manager Triviski's Bar 173 South Robert Street Saint Paul, Minnesota 55107 Civi! Division 400 Ciry Hall IS Wut Ke[logg Blvd. Sairst Paul, Minnuo[a SS/01 NOTICE OF VIOLATION Telephone: 657 266-8710 Facsimile: 657 298-56l9 RE: All licenses held by Whoopee, Inc., d/b/a Triviski's Bar for the premises located at 173 South Robert Street in Saint Paul License ID #: 20885 Dear Sir/Madam: The Office of License Inspections and Environmental Protection has recommended adverse action against the licenses held by Whoopee, Inc., d/b/a Triviski's Bar for the premises located at 173 South Robert Street in Saint Paul. The basis for the recommendation is as follows: On September 29, 2002 a Saint Paul police officer responded to a fight call. On arrival the officer saw a large group of people fighting oatside the bar and observed bouncers and security allowing people to leave the bar with glass beer bottles, which were then being thrown at people. Saint Paul Legislative Code §409.08(15) requires a licensee to take reasonable steps to insure that persons do not leave the licensed premises with bottles, cans or glasses containing alcoholic beverages. Since this is considered a first violation, the licensing office will recommend a$500.00 fine. AA-ADA-EEO Employer Page 2 Triviski's Bar October 23; 2002 At this time you have three options on how to proceed: O'�-\td3 1. If you do not dispute the above facts and do not wish to have a public hearing, you will need to pay the recommended fine for this violation. If this is your choice, you should make payment direcfly to the Office of License, Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the fine wili be considered to be a waiver of the hearjng to which you aze entitled. 2_ Alternatively, if you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the violation and requesting a hearing by Monday, November 4, 2002. The matter will then be scheduled before the City Council for a pubiic hearing to determine what penalty, if any, to impose. You will have an opportunity to appeaz 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 hearin� will be scheduled before an Administrative Law 7udge. 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 will ultimately decide the case. Please let me know in writing no later than Monday, November 4, 2002, how you wish to proceed. If you have not contacted me by Monday, November 4, 2002, I will 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 tivhich no pubiic discussion is allowed and the recommended penalty will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, /� �� Virgini�Palmer �-� Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Community Organizer, West Side Citizens Organization, 127 Winifred St. W., St. Paul, MN 55107-2128 AA-ADA-EEO Employer o�-��03 STATE OF Mli�TNESOTA ) ) ss. COUNTY OF RAMSEY ) AF�IDAVIT OF SERVICE BY MAIL JOANNE G. CL.EMENTS, being first duly sworn, deposes and says that on October 23, 2002, she served the attached NOTICE OF VIOLATTON placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Triviski's Baz 173 So. Robert Street St. Paul, MN. 55107 (which is the last known address of said attomey) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �'� , Subscribed and sworn to before me this 23rd day of October, 2002. , �� ,.. � /,. L�t�//� . . ,_ Notary Public ,sn�nk.,tw'^.m.«'�.F,,..r,...-.r•>..a:, ��a G�{_R � L`.�t�:�Ji).�}�Ii r:or�u�� rus.�e - r,�,, :, Y.tY�;"tz�i?i:zS � ��",)< .:_:�.i':�'.'.,�.'-`:.CS Lieense Group Comments Text Licensee: WHOOPEE INC DBA: TRNISKI'S BAR License #: 0020885 10/18/2002 ��1�� 10/18/2002 To CAO for adverse action. CAR 09l29/2002 CNO2-215744 indiptes tliat alcohol was Ieaving the esfablishment during a fight $500 fine is the recommended penalty. CAR 06105/2002 Passed tobacco compliance check. SCS OS/14/2002 Sent congratulations letter for passing alcohol compliance check on 04/11/2002.- SCS 04/11/2002 Passed DPS almhol compliance chedc conduded by SPPD. SCS - 05/22/2001 Passed tobacco compliance chedc. SCS 03/19/2001 Congratulations letter sent for passing Alchohol Compliance check. SCS 03/10/2001 Passed DPS Alchohol Compliance cheGc by SPPD. SCS 07/122000 Passed tobacco compliance chedc. SCS OS/3�12000 Congratulations tetter sent for passing alcohol compliance check. SCS D5/70/2000 Passed U of M alcohol compliance Chedc conducted by Vice/POlyak/RamsTad. SCS 07/7511999 Passed ag compiiance chedc - 07/27M999Ietter sent SCS 2/10/99 passed alcohol awareness training; no'unoffiaaP waming-DL 4/23/99- 199&7% Liquor Discount applied to 2nd half- LAB 7/29/98 CongraNlafions letter sent PJW 5/27l98 Passed dgarette compiiance check. 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