02-1107Council File # _��b �
Green Sheet # eZO� � �.�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
1 °s
1 RESOLVED, that the licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000 (License
2 ID#: 19990005357) are hereby revoked..
3
4 FI.TRTHER RESOLVED, that the findings of fact and conclusions of law contained in the AL,J
5 Report in this case dated October 10, 2002 are adopted as the written findings and conclusion of the
6 Council in this matter.
8 This Resolution is based on the record of the proceedings before the AI.J, including the hearing
9 on July 9, 2002 and August 1, 2002, the documents and exhibits introduced therein, the findings of fact
10 and conclusions of law of the AI.J as referenced above, the azguments and statements of the parties at
ll the public hearing on November 2Q 2002 and the deliberations of the Council in open session at that
12 hearing. The record before the AI.J shows that the business is being operated in a manner that maintains
13 or pernuts conditions that unreasonably annoy a substantial number of people and endanger their safety,
14 health, morals, comfort and repose. This is�evident in the numerous assaults of patrons and employees,
15 the access to alcohol by underage patrons, the repeated noise complaints and the failure of licensee to
16 take responsibility for the actions of patrons.
17
18
19
20
21
22
23
Additionally this action is taken based upon the history of violations at the establishment
which include four prior appearances before Council since May of 2000.
A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law
Judge and to the Licensee's attorney, Robert Fowler.
Requested by Department of:
BY WsGUFR.� �-�CfL�
Adopted by Council: Date �w� _ST,r�00".1.,,�
Adoption Certified by Council Secretary
AEPARTMENT/OFFICE/COUNCII,: DATE INITIATF.D GREEN SHEET 1vo.: 2oo2s5 �
LIEr rro� 21, Zooa o a-1 lo
� CONTACT PERSON & PHONE: A]I77AUDAT'E IN1TGIU�ATE
Virginia Palmez (266-8710) � DEPAR'I'bIEi1'i DIlL crrY couricB,
MUST BE ON COUNCII. AGENDA BY (DATE) �Ir'N — CTIY ATIORNEY _ CTIY CLERK
DeC 4� ZOOL �COILSCIIt� gpg B � MAYOR(ORAS T.D� _CIVIL ERVICECO ION
ROUTING
ORDER
TOTAL # OF SIGNA7'URE PAGFS _(CLIP ALL LOCATIONS FOR SIGNATURE)
acriox n�QuES�n: Adverse action against the licenses held by Dinner Club 2000, Inc. d/b!a Dinner Club 2000,
Inc., located at 1177 Clazence Street
RECOMMENDATfONS: Approve (A) or Reject (R) PERSONAI. SERVICE CON7'RACI'S A1I7ST ANSWER THE FOLLOWING
QUESTIONS:
PLANNING COMMISSION 1. Hzs this person/fitm ever worked under a contract for this departrnenY?
CIB COMMITTEE Yes No
CNII. SERVICE COMMLSSION 2. Has [his person/firm ever been a ciry employee?
Yes No
3. Dces this person/firm possess a skiii not norntally possessed by any cmrent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
INTTIATING PROBLEM, ISSUE, OPPORTUNITY (Who, Whay When, Where, Why):
The record before an Administrative Law Judge shows that the business is being operated in a manner that
maintains or permits conditions that unreasonable annoy a substantial nuxnber of people and endanger their safety,
health, morals, comfort and repose, based upon the numerousassaults ofpatrons and employees, the access to
alcohol by underage patrons, the repeated noise complaints and the failwe of the licensee to take responsibility for
the actions of the patrons.
ADVAN'CAGES IF APPROVED:
Council action necessary to enforce the Legislative Code, and City and State laws.
DISADVANTAGES IF APPROVED:
None.
DISADVANTAGES IF NOT APPROVED:
No penalty will be imposed for failing to meet even basic standards of business operation.
TOTAL AMOUNT OF'IRANSACTION: $ COST/REVENUE BUDGETED:
FUNDING SOURCE: ACTIVITY NI)MBER:
FINANCIAL INFORMATION: (EXPLAIN)
I:\USERS�PANGBORMgemsM1ee[- a1coM1 compl B wpd
OFFICE OF THE CITY ATTORNEY
Manuel J. Cen•qrsres, Ciry' dttorney ��
a�-\1a1.
CITY OF SAINT PAUL Civil Division
Randy C. Kelly�, Mny�or 400 Ciry Hn7l Telephone: 651266-8710
Ji iYest Kel7ogg BhtL Facsimile: 65! 298-5619
Saint Pau( Htinnesom 55/01
W�
October 23, 2002
NOTICE OF COUNCIL HEARING ���;;?; "="°� �`
Robert J. Fowler ��v� �� �� ��;��
Kelly & Fawcett, P.A. `�
2350 US Bancorp Piper Jaffray Plaza
444 Cedaz Street
Saint Paul, Minnesota 55101
RE: All licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000, for the premises
located at 1177 Clarence Street in St. Paul
License ID #: 19990005357
Deaz Mr. Fowler:
Please take notice that a hearing on the report of the Administrative La�v Judge
concerning the above-mentioned violation has been scheduled for 5:30 p.m., �Vednesday,
November 20, 2002, in the City Council Chambers, Third Floor, Saint Paul City Hall and
Ramsey County Courthouse.
You have the opportunity to file exceptions to the report with the City Clerk at any time
during normal business hours. You may also present oral or written argument to the council at
the Hearing. No new evidence will be received or testimony taken at this hearing. The Council
will base its decision on the record of the proceedings before the Administrative Law Judge and
on the arguments made and exceptions filed, but may depart from the recommendations of such
Judge as permitted by law in the exercise of its judgement and discretion.
Sincerely,
( ' /� ,h�c.c��u---t �v, t ' 1
Virginia D.�almer
Assistant City Attomey
cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director of LIEP
Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Shentood Ave.,
St. Paul, MN 55119-3230
AA-ADA-EEO Employer
o � . �•�'?
10-6020-14868-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
In re all Licenses Heid by Dinner Club FINDINGS OF FACT,
2000, Inc., d/b/a Dinner Club 2000, CONCLUSIONS OF LAW,
License ID # 19990005357 AND RECOMMENDATION
A hearing in this matter was conducted on July 9, 2002, at 9:30 a.m. at St. Paul
City Hail by Administrative Law Judge Kenneth A. Nickolai, serving as a hearing
examiner for the St. Paul City Council. A second day of hearing was held on August 1,
2002, in St. Paul.
Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Bivd.,
St. Paul, MN 55102, appeared on behalf of the St. Paul Office of License, Inspections
and Environmental Protection (LIEP). Robert J. Fowler, Esq., of the firm of Kelly and
Fawcett, P.A., 2350 U.S. Bancorp, Piper Jaffray Plaza, 444 Cedar Street, St. Paul, MN
55101, appeared on behalf of the Licensee, Dinner Ciub 2000. The record closed on
August 29, 2002, upon receipt of the final written submission.
NOTICE
This Report is a recommendation, not a final decision. The City Council of the
City of St. Paul will make the final decision after a review of the record and may adopt,
reject or modify these Findings of Fact, Conclusions, and Recommendation. Under
Section 310.05(e)(1) of the City's Legislative Code, the Cify Council will provide the
Licensee an opportunity to present oral or written arguments to the City Council before it
takes final action. Parties should contact the City Councii to determine the procedure
for fili�g argument or appearing before the City Council.
STATEMENT OF ISSUE
The issue in this proceeding is whether or not the City of St. Paul should take
adverse action against the licenses held by Dinner Club 2000, Inc.
Based upon all of the proceedings in this matter, the Administrative Law Judge
makes the following:
0 � • ��za �
FINDINGS OF FACT
1. Dinner Club 2000, Inc. was first issued licenses for on-sale liquor, liquor-
outdoor service, and entertainment for the premises at 1177 Clarence Street on
November 4, 1999'. Dinner Club 2000 is located on the east side of St. Paul and is co-
owned by Ge Vang and Pao Hang. The clientele of the business is predominantly from
the Hmong community. The establishment has been described as, until recently, fhe
only Hmong club in Minnesota.
2. Dinner Ciub 2000 operates a restauranf and bar at 1177 Clarence Street.
The building is surrounded by parking lots, with other retail uses located to the East and
South of the premises. To the West is a City-owned parking lot, isolated from the
business premises by a storm fence. North of the business premises is a bar and an
apartment building 4
3. On the premises, Dinner Club 2000 has a lower floor that is a bar where
alcoholic beverages are served. The upper area has the restaurant, a dining room,
three pool tables and a dance floor.
4. Dinner Club 2000 does not exclude persons younger than the legal
drinking age from the premises. To comply with the prohibition against serving alcohol
to minors, patrons with ID's showing them to be 21 years of age or older can receive a
wristband from staff at the door. The policy is that only those persons with wristbands
are aliowed to purchase drinks. Minors are admitted to the premises without a
wristband. Dinner Club 2000 has a policy restricting minors from the bar on the lower
level.
5. The business exhibited problems immediately after opening, including
noncompliance with the standards required of businesses that serve alcohol. As a
result of these problems, conditions were placed upon the licenses issued to Dinner
Club 2000 shortly after the business opened in 1999. These conditions included using
the wristband system described above to control the sale of alcohol to minors and to
monitor the doors to monitor patrons entering and leaving the premises.
6. Dinner Club 2000 has been subject to repeated prior adverse actions. In
May of 2000 it received a two-day suspension for a failure to wand patrons as they
entered the club. The City also found an after-hours sale at the club in January of 2001
and the club failed a compliance check in March of 2Q01. These two vio4ations were
considered by the City Councii together on March 28, 2001. The City Council imposed
a 30-day closure but stayed 25 days and imposed a$1,000 fine, so that the club was
' Ex. 1
z Exs 28 and 29.
3 Ex. 30.
° Ex. 31.
2
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only required to close for five days. On October 24, 2001, the City Council imposed an
eighteen-day suspension on the ciub, running until December 15, 2001 for failure to
comply with the wristband condition of the license and allowing underage patrons to
drink alcohol 6 A one-day closure was imposed when Dinner Club 2000 erroneously
failed to start a required closure on time.
7. On July 1, 2001, Sergeant Mercado of the Saint Paul Police Department
(SPPD) responded to a noise complaint citing Dinner Club 2000.' Sergeant Mercado
noted that the bass sound emanated well off of the business premises. She entered
Dinner Club 2000 and instructed the DJ present to turn down the music. After fhe music
was turned down, Sergeant Mercado left the premises.
8. On August 24, 2001, Michael Christensen, working security for Dinner
Club 2000, called the SPPD to reporE a fight between ten males in the Welis Fargo
parking lot and south side of the business premises. SPPQ officers responded, but fhe
confrontation ended before they arrived.
9. On August 25, 2001, security for Dinner Club 2000 called the SPPD to
report an assault on the premises. Two women had been fighting inside Dinner Club
2000. When security ejected them, one woman drove her car at the other combatant.
One of the security guards was injured as a result of this conduct. The driver was
arrested by SPPD and booked on a charge of aggravated assault.
10. At about this time, Dinner Club 2000 was identified as a"problem
property" by the SPPD. As a result, any SPPD officer dispatched to DC2K was required
to write a report as to the result of the call.
11. On September 22, 2001, O�cer Ryan of the SPPD responded to a noise
complaint citing Dinner Club 2000. He found the bass "a little loud."' Offcer Ryan
instructed the DJ present to turn down the music. The music was turned down, and
Officer Ryan left the premises.
12. On October 21, 2001, Officers Henry and Jerue of the SPPD responded to
a noise compiaint citing Dinr�er Club 2000." The bass was audible from Rose Avenue,
a block from the premises. The officers instructed the DJ present to turn down fhe
music. The music was turned down and the exterior doors were closed. The o�cers
left the premises.
S Ex.1.
6 Ex.1.
' Ex. 2.
8 Ex. 4.
9 Ex. 5.
io Id.
" Ex. 6.
'2 Id.
3
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13. On October 27, 2001, numerous SPPD officers were dispatched to Dinner
Club 2000 on a report of 20 peopie fighting in the parking iot.' When the officers
arrived they were informed by a witness fhat the fight had sfarted in Dinner Club 2000.
The fight continued in the parking lot after the patrons were ejected. Some of fhe
combatants began smashing car windows. Several of these persons were arrested
when the officers arrived on the scene.
14. On November 1, 2001, security for Dinner Ciub 2000 calied the SPPD to
report an assault on the premises. Christensen and Pao Vang Hang (an owner of
Dinner Club 2000) told fhe responding o�cers that a former securify guard and anofher
male struck a male patron with a bottle. The female patron accompanying the victim
was assaulted and struck with a baseball bat. She was unconscious when the officers
arrived and required hospital treatment.� Another male victim was found at the
hospital, who had been injured in the initiai assault by assailants using bats and
chains.
15. On November 21, 2001, Sergeant McNamara of the SPPD was cailed to
Dinner Club 2000 on a report of an assault on the premises. The victim was the owner,
Pao Vang Hang, who had been punched in the face by a patron. The patron was
identified as a gang member who had recently been released from prison."
16. On November 24, 2001, several officers of the SPPD were called to
Dinner Club 2000 on a report of an assault on the premises. A melee had broken out
on the dance floor and the victim had been struck on the head with a bottle. Officers
described the crowd as "unruly."' Several persons out of a crowd in the parking lot
were threatening the suspect in the assault while he was in the back ofi an officer's
squad car. When an officer intervened to prevent harm to the suspect, the crowd
became hostile to the officers. The individual who tried to enter the squad car with
the suspect was cited for obstructing legal process and the officers fransported the
suspect to SPPD headquarters for booking.
17. On December 30, 2001, another melee took place in the parking lot ofi
Dinner Club 2000. On this occasion, a group assauited several seif-identified gang
members who where leaving the business premises. The assault resulted in at least
two persons injured and an automobile damaged. A number of officers of the SPPD
responded to Dinner Club 2000 upon receiving this report. The SPPD responded the
� Ex. 7.
ta Id.
' Ex. 8.
is Id.
" Ex. 9.
t8 Ex. 10.
19 Id.
zo Id.
Z ' Ex. 11.
0
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following nighi to a noise complaint regarding Dinner Club 2000. As usuai, the bass
was turned down and the exterior doors were closed.
18. On January 20, 2002, officers of the SPPD res�onded fo a call describing
"100 people fighting in (Dinner Club 2000's) parking lot" The responding o�cers
cieared approximately 80 peopie from the parking lof without further incident. The
officers observed severai people injured in the fighf, including some who work at Dinner
Ciub 2000, but no one provided information to enable the officers to investigate the
incident.
19. On January 27, 2002, officers of the SPPD responded fo a cali indicating a
fight at Dinner Club 2000. The responding officers cieared a large crowd from fhe
parking lot without further incident. All of the persons present were uncooperafive.
Security from Dinner Club 2000 identified some of the persons who had been involved
in confrontations that night. The officers observed signs that a fight had occurred,
inciuding damage to a vehicie, but none of the occupants provided information about
the incident.
20. On February 9, 2002, two o�cers of the SPPD were doing a routine
premises check of Dinner Club 2000 when they spotted a man urinating in a stairwell of
the business. He was cited for public urination and booked on an unrelated warrant.
21. On February 16, 2002, numerous officers of the SPPD responded to a cali
of a shooting at Dinner Club 2000. Three victims were ideniified as having been shot
while waiking out of Dinner Club 2000.
22. On February 16, 2002, Officer Meyer of the SPPD responded to a noise
compiaint citing Dinner Club 2000. Officer Meyer instructed the security staff present
to turn down the music. The music was turned down, and O�cer Meyer left the
premises.
23. On February 22, 2002, Officer Hagen of the SPPD responded to a report
of a fight with weapons at Dinner Cfub 2000. Officer Meyer spoke to Pao Vang Hang
when he arrived, and was told that several males, one carrying a pool cue, had left the
business after an argument, but no fight occurred. Sergeant McNamara responded to
that call and observed a vehicle being driven fast away from Dinner Ciub 2000.
Sergeant McNamara stopped the vehicle and observed the odor of alcohol on the
ZZ Ex. 12. The date of the cail was also December 30, 2001, but the previous call took place at
a�proximately 2:00 a.m.
z Ex. 13.
24 Ex. 74.
zs /d.
26 Id.
Z ' Ex. 15.
Ze Ex. 17. The shooting took place sometime after 2:00 a.m.
29 Ex. 16. This visit occurred at approximately 11:00 p.m.
5
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occupants. The driver was 20 years of age. The driver told Sergeant McNamara that
he had consumed beer at Dinner Club 2000, but had not gotten it from staff there.
24. On Februar� 22, 2002, Officer Hagen responded fo a noise complaint
citing Dinner Club 2000. Officer Hagen told Hang and Ge Vang (another part owner)
that a complaint had been received regarding the volume of the music. The music was
furned down, and officer left the premises.
25. On February 24, 2002, Offcer Hagen responded to another noise
complaint citing Dinner Club 2000. Officer Hagen told an empfoyee that a compiaint
had been received regarding the volume of the music. The music was turned down,
and officer left the premises.
26. On March 3, 2002, Officer Kantorowicz of the SPPD responded to a noise
complaint citing Dinner Club 2000. He made sure to approach the premises with his
squad window down to determine the sound level at a distance equivalent to that of the
apartment building nearby. Officer Kantorowicz spoke with security staff at Dinner Club
2000 about the noise compiaint that had been received. The music was turned down,
and officer left the premises.
27. On March 31, 2002, severai officers of the SPPD responded to a report of
shots fired at Dinner Club 2000. Security confirmed the sound of gunshots, but no
other evidence of gunshots was found. The officers did find a 17-year-old male with
bruises, scrapes, and cuts. He told the officers that he had been assaulted by four or
five males. The juvenile told the officers that he had been served alcohoi in Dinner Club
2000. When asked how he was served alcohol, the juvenile responded that he merely
went up to the bar and ordered the drink. The officers spoke to the juvenile's sister and
she told them that it is easy for minors to drink at Dinner Club 2000 without being
carded. Officer Reginek stopped a vehicle speeding away from Dinner Ciub 2000 to
determine if the occupants were involved with the shooting. None of the three
occupants were of legal drinking age. Two of the occupants, ages 16 and 19, were
intoxicated. Both of them told the officers that they had been served at Dinner Club
2000 without showing proof of age. The juvenile stated that he was known at Dinner
Club 2000 and served there regularly,
28. On April 19, 2002, the Assistant City Attorney sent the Licensee a Notice
of Violation concerning eight police calis for loud music, reports of underage drinking,
and eight police calls for "assaults or fights among large groups of people fighting inside
the bar and outside the bar." The Notice of Violation cited Saint Pau1 Legislative Code
ao Ex. 18. These events occurred at approximately 1:00 a.m.
31 Ex. 19. This visit occurred at approximately 11:00 p.m.
3Z Ex. 20. This visit occurred at approximately 11:45 p.m.
3 ' Ex. 21. This visit occurred at approximately 11:15 p.m.
34 Ex. 22. The o�cers responded at approximately 12:45 a.m.
35 �d.
36 �d.
37 Ex. 23.
C:�
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(Code) § 310.06(b)�8) as permitting adverse action against the business licenses of
Dinner Club 2000. The Notice of Violation advised the Licensee of ifs riglit to a
hearing, if fhe underlying facfs of the violafion were dispufed.
29. By a letter dated April 23, 2002, the Licensee requested an evidentiary
hearing before an Administrative Law Judge, and advised the City that it dispufed all fhe
allegations in fhe Notice of Violafion.
30. A Notice of Hearing dated April 26, 2002 was served on counsel for the
Licensee and set the hearing date for Tuesday, June 4, 2002. A notice that the
hearing was rescheduled was served on counsei for the Licensee.
31. On the July 4 weekend, a major fesfival for the Hmong community is held
at the Como Park soccer fields in St. Paul. As a resulf of the influx of attendees to the
festival, Dinner Club 2000 experiences extraordinary traffic. To address the recurring
problems at the business, the SPPD devoted a number of o�cers to observe the
premises over that weekend. On July 4, 2002, officers counted at least 407 persons
leaving the premises between midnight and 1:30 a.m. Other persons were on the
premises. The maximum occupancy of the premises is 301. O�cers cited a number
of persons for public urination. One of the persons cited was 19 years of age and
wearing one of Dinner Club 2000's orange wristbands.
32. Counsei for the Licensee was permitted to review the police reports relied
upon by City prior to the hearing in this matter.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the foilowing:
CONCLUSIONS
1. The St. Paui City Council and the Administrative Law Judge have
jurisdiction in this matter under Minnesota law and St. Paui City ordinance aa
2. The City gave the Licensee proper and timely notice of the hearing in this
matter.
3. Minn. Stat. § 340A.503, subd. 1(a)(2) prohibits consumption of alcohol by
persons under 21 years of age. Subdivision 2 prohibits the sale of alcohol to persons
under 21 years of age. Persons on the premises of establishments such as Dinner Club
2000, who are between 18 and 21 years of age, are not engaging in unlawful behavior
perse. Minn. Stat. § 340A.503, subd. 4(b).
aa Id.
39 Ex. 24.
40 Ex. 25.
°1 Ex. 26.
42 Ex. 35.
aa Ex. 35.
4° St. Paul City Legislative Code Sections 310.05-.06; Minn. Stat. §§ 14.50, 14.55.
7
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4. The City has proved by a preponderance of fhe evidence that fhe
Licensee has operated Dinner Club 2000 in a manner that maintains or permits
conditions thaf unreasonably annoy a substantial number of people and endanger the
safefy, health, and morals of considerable numbers of inembers of the public.
5. The St. Paul Legislative Code authorizes adverse action against a Iicense
when the manner in which a business is operated ailows "conditions that unreasonably
annoy, injure or endanger the safety, health, morals, comfort or repose of any
considerable number of inembers of the public."
6. Under the St. Paul Legislative Code, failure to comply with the conditions
of a license is grounds for adverse action 4s
7. The Legisiative Code provides that violations occurring after the date of
the notice of hearing that are brought to the attention of the City Attorney before a City
Council appearance may be added to that notice if the licensee admits to the facts, and
may be treated as a part of that appearance 4 The Code also provides that the
occurrence of multiple violations shail be grounds for departure from the penalty matrix.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
RECOMMENDATION
IT IS RESPECTFULLY RECOMMENDED: That the City Council order that
adverse action be taken against the licenses held by Dinner Club 2000, Inc.
Dated this /� ih day of October, 2002.
��� s�.
K.�NNETH A. NI KOL
Chief Administrative Law Judge
Reported: Taped. No transcript prepared.
MEMORANDUM
Dinner Club 2000 maintains that the basis for the City's license action is the
number of police calls invoiving the establishment. The source of these calis, in Dinner
Club 2000's view, is relevant. it argues, for example, that the bar owner should not be
as St. Paul City Legislative Code Section 310.06(b)(8).
46 Section 310.06(b)(5).
47 Section 409.26(c).
0
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pena{ized for seeking pofice assistance. However, the City has shown that the events
underlying the calls are serious and related to the operation of Dinner Club 2000. The
source of the calis is not relevant when the reasons for summoning the police are
relafed to fhe operation of the licensed business.
The City has demonstrated by a preponderance ofi the evidence thaf fights, some
with serious injuries, have occurred on or in the vicinity of Dinner Club 2000. Licensee
maintains that bar fights happen with establishments that serve alcohol and these
incidents do not support adverse action. Licensee also maintains that only fights inside
the business premises should be considered in assessing fhe responsibility of the
business.
Adverse action is not supported against a Licensee by an occasional instance of
bad conduct by a patron. But the record in this matter demonstrates that bad conduct
occurs on or near this business on a regular basis. The frequency and severity of the
assaults support taking adverse against the business. Actions occurring in the parking
lot of the business or even off of the business property altogether can support adverse
action, where the business is the focus or cause of those actions. The assaults at
Dinner Ciub 2000 endanger the health and safety of patrons, employees, and
passersby. The conduct is sufficiently severe to support adverse action in this matter.
Providing alcohol to underage persons is a per se ground for adverse action
against a Licensee, since such conduct violates both State law and the St. Paul
Legislative Code. Licensee asserts that the evidence on such violations is insufficient
because it would not be admitted in a criminal proceeding. Further, Licensee maintains
that there was no opportunity to chailenge the veracity and credibility of the young
underage persons.
The evidence of underage drinking consisted of officer testimony and police
reports relating what the officers were told and what additional evidence couid be
gathered. In each case of underage drinking, the officers identified the name of the
person cited. Additionally, the address and date of birth.of the person cited are listed in
the report. The source of the information, typically a Minnesota driver's license, is
identified. There has been ample opportunity for the Licensee to investigate these
allegations and cail these persons as witnesses in this matter.
The record in this matter demonstrates that Dinner Club 2000 failed to properiy
check identification before issuing wristbands. This failure defeated the purpose of the
system, which is a condition of licensure. Underage persons repeatedly obtained the
wristbands, which allowed these patrons to purchase aicohol without a subsequent
'$ In fhe Matter of AU Licenses Held by Metro Bar & Grill, Inc., d/b/a Arnellia's, for the P�emises at
9183 UniversityAvenue, SaintPaul, License l.D. No. 54523, OAH Docket No. 9-2111-12640-3 (ALJ
Recommendation issued April 2000); In the Matter of Tobacco Dea/er, Cyrocery, Food Manufacturer,
and Gasoline Filling Station Licenses Held by Imman Conoco, for Premises Located at 2606 Penn
Avenue North, Minneapolis, OAH Docket No. 12-6010-14346-3 (ALJ Recommendation issued January
14, 2002).
49 See, RespondenYs Post Hearing Brief, at 6.
0
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check of their ages. The police identified other underage patrons, including juveniles,
who indicated fhat they were served at Dinner Club 2000 on a regufar basis, .wifhout
obtaining wristbands.
As discussed above, serving alcohol to underage patron is a per se ground for
adverse action against a business license. The penalty imposed by the Cify Council on
October 24, 2001, expressly considered the severity of the violations, the repeated
nature of the violations, and the inability of the Licensee to address the problem. AII of
these aggravating factors are present in the more recent instances of serving underage
patrons and these factors support imposition of severe penalfies on Dinner Club 2000.
Licensee asserts that the repeated noise complaints should be disregarded
because only one person has been identified as contacting the police regarding noise.
LIEP responded that the officers applied the noise standard for any business when
responding to the compiaint. The source of the complaint, in LIEP's view, is irrelevant.
The Code provision cited to support adverse action against Licensee expressly requires
proofi of "conditions that unreasonably annoy, injure or endanger the safety, health,
morals, comfort or repose of any considerable number of inembers of the public."
Whether the number of individuals who telephone in noise complaints is 1 or 500,
fhe appropriate test is whether noise conditions being created are of such to annoy,
injure or endanger any considerabie number of rnembers of the pubiic. The evidence
estabiished that there are pubiic streets, sidewalks, other buildings and residentiai
dwellings that are within hearing distance of the noise. When responding to a
complaint, the officers verified the excessive noise - hearing it before reaching the
property. While Dinner Club 2000 cooperafed with o�cers by reducing the volume and
closing the exterior doors when asked, Dinner Club 2000 consistently failed to take
steps to reduce the volume of noise despite being aware of the many complaints.
Finally, in its brief, Dinner Club 2000 alleges this case is the result of bias and
racism. For exampie, the brief states that Sgt. McNamara is "biased and is a racist".
The Administrative Law Judge disagrees., Sgt. McNamara and other witnesses
presented by the City were credible and focused on the nature of the incidents that
occurred in and around the licensed estabiishment. There was no credible evidence
that the actions of the City licensing department or police officers were motivated by
bias and racism.
The record in this matter supports the adverse licensing action.
K.A.N.
.��/
5° St. Paul City Legislative Code Section 310.06(b)t8)(emphasis added).
51 Brief of Dinner Ciub 2000, p. 9.
10
April 30, 2003
Don Luna, City Clerk
170 City Hall
15 W. Kellogg Blvd.
St. Paul, MN 55102
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
TELEPHONE: (612) 341-7600
TI�Y:(6�2)34�-7346
o a -l�o �
�?ECEItIEC
� 1 2003
�i9 i� �e ERf�
Re: All Licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000,
for the premises located at 1177 Clarence Street in St. Paul,
License ID# 19990005357; OAH Docket No. 11-6020-15107-3
Dear Mr. Luna:
In light of the revoking of licenses held by Dinner Club 2000 by the St. Paul City
Coancil, we closing our file and returning the original documents.
Sincerely,
��z� ����
BARBARA L. NEILSON
Administrative Law Judge
Telephone: (612) 341-7604
BLN:mo
Encl.
cc: Virginia D. Palmer
Robert J. Fowler
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlement Division
Facsimile: (612) 349-2665 Facsimile: (612) 349-2691 Facsimiie: (6�2) 349-2634
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
Apri121, 2003
OFFICE OF THE CITY ATTORNEY
Marsuel J. Cervantu, City Aitorney
�i:- �.
` v� 3 ', ! �{ . 1
'] � �J
V1 J f� `�� /� "� P �
— p;;r Q� ��vilDivision
- d00 Ciry Hall Te[ephorse: 65! 266-8710
" �'�� `' �- "�:�— ISWestKe[ZoggBlvd. FacsimiZe:651298-5619
e : ^ � � : .,-� i ; — L
__ , ' SaintPaul,�nnesola55102
Admuustrative Law Judge Barbara L. Neilson
State of Minnesota Office oi Administrarive Hearings
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
RE: Alllicenses held by Dinner Club 2000, Inc. d/b/a Dinner Club 2000, for the premises
located at 1177 Ciarence Street in St. Paul
License ID#: 19990005357: OAH Docket No.: 11-6020-15107-3
Dear Judge Neilson:
This letter is provided in response to your April 17, 20031etter to Ms. Virginia Palmer in our
office. The licenses held byDinner Club 2000 have been revoked by the St. Paul City Council. You
may, therefore, close out OAH's file on this matter.
If you have any questions, please feel free to contact me at 651-266-8776.
Sincere�l
/ f
/,U� f
Peter P. Pangbe
Legal Assistant
�
AA-ADA-EEO Employer
OFFICE OF THE CITY ATTORNEY ff
ManuelJ.Cervantes,CityAnorney Q�i//{� �
l�� ! (f
CITY OF SAINT PAUL
Ramdy C %Ily Mayor
r ' '_ �� �, Ei�[�i�vf
J 400 Cuy
-'�',f`:� ?7 1 �' e �{ K � ellogB[vd
�efAt �'art�nnesot¢ 55102
Telephone: 657 2668770
Facsimile: 651298-5679
November 8, 2002
Judge Barbara Neilson
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, Minnesota 55401-2138
:i� �
, l! " �. r,� 7 ! 2/�
- rr�
:;. r� iij':'i JJ
SENT VIA FAX AND U.S. MAIL
RE: November 22, 2002 Administrarive Hearing - Dinner Club 2000
Deaz Judge Neilson:
The purpose of this letter is to request a subpoena pursuant to Minnesota Rules, part 1400.7000
relating to the above-mentioned contested case hearing that is scheduled to be heard before you
on Friday, November 22, 2002. This request is made on behalf of Ms. Virginia Palmer, the
attorney assigned to this matter. The City of St. Paul licensing division will be calling this
witness to testify regarding the incidents which serve as the basis for the action against the owner
of the Asian Cuisine.
In order to ensure that this individual will be in attendance to testify, the City of St. Paul requests
from the State Office of Administrative Hearings a subpoena for the following individual:
1. Officer Robert L. Jerue
St. Paul Police Department
100 East 11` Street
Saint Paul, Minnesota 55101
The hearing is scheduled to start at 9:30 a.m. on Friday, November 22, 2002, in Room 42, St. Paul
City Hall, 15 West Kellogg Boulevazd, St. Paul, MN 55102.
If you need additional information or have any questions regarding this request, please do not
hesitate to call me at 266-&776. Thank you far your consideration in this matter.
Sincerelg; `�
,
„
/ •" %.
� �
Peter P. Pangbo
Legal Assistant
AA-ADA-EEO Employer
1
al ��
R
p � -!!6 7
-��.. STATE OF MINNESOTA
- - � `� OFFICE OF ADMINISTRATIVE HFARINGS
"' HEARING SUBPOENA
`
TO: Officer Robert L. Jerue
St. Paul Police Department
100 East Eleventh Street
St. Paul, Minnesota 55101
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside all your business and
excuses and to appear before Administrative Law Judge Barbara L. Neilson of
the O�ce of Administrative Hearings of the State of Minnesota, in Room 42, St.
Paul City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, on Friday,
the 22nd day of November, 2002 at 9:30 in the morning, to appear as a witness
In the Matter of all Licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club
2000, for the premises located at 1177 Clarence Street in St. Paul, License ID#
19990005357; OAH Docket No. 11-6020-15107-3.
Issued pursuant to the authority granted at Minn. Stat. § 14.51, to
the Honorable Kenneth A. Nickolai, Chief Administrative Law
Judge, at Minneapolis, Minnesota this 14th day of November, 2002.
�
��iri � ..PB' G�
NNETH A. NICKO I
ChiefAdministrative L Judge
612/341-7600
Subpoena requested by: Peter P. Pangborn
651-266-8710
�a-��6�
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARTNGS
November 14, 2002
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Peter P. Pangborn
O�ce of the City Attorney
Civil Division
400 City Hall
15 West Keilogg Boulevard
St. Paui, Minnesota 55102
Re: All Licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000,
for the premises located at 1177 Clarence Street in St. Paul,
License ID# 19990005357; OAH Docket No. 11-6020-15107-3
Dear Mr. Pangborn:
Pursuant to your letter of November 8, 2002, please find enclosed the original
and one copy of the SUBPOENA you requested in the above matter.
Sincerely,
� �V�
BARBARA L. NEILSON
Administrative Law Judge
BLN:mo
Encl.
Telephone:(612)341-7604
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative Law Section & Administrative Services (672) 341-7600 oTTY No. (612) 341-7346e Fax No. (612j 349-2665
NCU-28-2�e2 i7�54 5- FRUL CiTY qTTORNEY 651 2°8 50:9 P.02iE2
OFFICE OF TH$ CITY ATTOR'VEY
, Mannel J, Cervaxiea, ClryA(lornry � � / ( �
/
CITY Ok' SAINT �Atii. G��`�' i o���
RcnCy C. Ke!!y Muyro� 'ity Hofl Teleyhane: 657 Zhb-877�
eatKrlloggUlvd. Fecsimile: b51198-5619
� c�J.�G�IPanl�.NinnesotR557D2
\iovember 8, 2002
� �Lt"i�F� (9
� ��ti �
< � � e"""�- -
AND U.S. MAIL
Judge Barbara Neilson ���
pffice af Adminiskative i-�earings
100 Washington Squaze, Suite 170(
Minneapolis, Minnesota 55401-21?
RE: November 22, 2002 Administrative Hearing - Dinner Club 2000
Dear Judge NeiIson;
Tlae purpose of this letter is to request a subpoena pursuant�ro Minnesota 1Kules, part 1400.7000
relating to the above-mantioned contested CaSe heating that is scheduIed t�o be heard before ypu
on Friday, November 22, 2042, This request is made on behalf of Ms. Vi.rgi�ia Palmer, the
attomey assigned to this matter. The City of St. Paul licensing division will be cdlling this
wimess to tastify regatding the incidents which serve as ihe basis for the action against the oumer
of the Asian Cuisine.
In order to ensnre th�f this individual will be in attendance to testify, the City oF St. Paul requests
from the State Office of Administrative Hsacings a subpoena for the following zndividual:
Officer Robert L. Jerpe
St. Pau1 �olice Departmeqt
lOQ East 11` Street
Sa�nt �aul, Minnesota 55101
The hearing is scheduled to start at 9:30 a.m, on Friday, November 22, 201�2, in Room 42, St. �aul
Ciry Hall, IS West Kellogg Boulevard, St. Paul, MN 55102.
If you need additional information or have any questions regazding this request, please do not
hesitate to call me at 266-8776. Thank you foT your consideration in this znatter.
Siracerely,'
� /
/ �( �'
Peter P. Pangbo
Legal Assistant
AA-ADA-fi�0 Employer
TOT4L P.E2
NOV—Z8-22�2 i7�54 _� PRL'L C:TY ATTORNcY
651 298 �619 P.ali�2
OBFTCE OF THE CITY ATI pRNEY
� � MaAUef J. Cervnntes, C�ry AtlnrnPy p�� j(D �
��
CITY OF SATNT PAUZ.
Rnndy C. Kel(y, hfayor
cmrro;�r:ion
400 Ciry fIQII
75 Weu Kellogg Alvd.
Sptnt PRU7. Minnesatn S5f02
FAX TRANSMfSS10N
DATE:
tt�A
Novem6er 8, 2002
Judge Barbara Neilson
Office of Adminlstrative Haarings
fA,X No.: 61;t-349-2665
NUMBER p� PAGES (including cover page): 2
FROM: Peter Pangborn
Legal Assistant
St. Paul City Attorney's Office
40p Ciry Hall
FAX No.: 651-298-5619
!f you do nof recelve ary pages of thrs transmfssion, please conract:
Peter Pangbom Telephone No. 651-266-8778
Teleylionc: b5! 366-8710
Fncsim�(e: 6�/ 1?8-5619
AA-ADA-EEO Employer
OFFICE OF THE CITY ATTORNEY
Manue(J. Cervnntu, CityAttorney
CITY OF SAINT PAiJL Civi[Division
Randy C Kelly, Mayor 400 Ciry Hnll
I S West Kel/ogg B[vd.
Sairst Paul, Minnesota 55101
�
November 8, 2002
NOTICE OF RE-SCHEDULED HEARING
Robert J. Fowler
Kelly & Fawcett, P.A.
Attorneys At Law
2350 US Bancorp Piper Jaffray Plaza
4444 Cedar Street
Saint Paul, Minnesota 55101-3102
Telephone: 657 266-87I0
Facsimile: 657 298-5619
�
�=i .. �.
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sn Y�' .�-_ �-i i
`>' = c5 �
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r�
RE: All licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000, for the premises
located at 1177 Clarence Street in St. Paul
License ID #: 19990005357
Deaz Mr. Fowler:
As you requested, we have now rescheduled the administrative hearing previously set for
Tuesday, November 5, 2002. The hearing is now scheduled to begin at 9:30 a.m., on Friday,
November 22, 2002, and will be held in room 42 of the Saint Paui City HalURamsey County
Courthouse.
If you have any questions, you can call me at 266-8710.
Very truly yours,
�������
Virgini� Palmer
Assistant City Attorney
cc: Jud"ge Barbara Neilson, Administrative Law Judge, Office of Administrative Hearings, 100
Washington Squaze, Suite 1700, Mpis, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director, LIEP
Chnck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave.,
St. Paul, MN 55119-3230
CITY OF SAINT PAUL
Randy C. Kelly, M¢yor
October 2, 2002
OFFICE OF THE CITY ATTORNEY
Manuel J. Cervarstes, CiryAt7orney Q� //D
!
Civil Division
400 Ciry Hal1 Telephone: 65/ 166-8710
15 West Kel[ogg Bh�d. Facsimi/e: 651 298-5619
Sairst Paul, Minmesota 55/02
NOTICE OF HEARING
Robert J. Fowler
Kelly & Fawcett, P.A.
Attomeys At Law
2350 US Bancorp Piper Jaffray Plaza
�-^.44 �e3a: S`u
Saint Paul, Minnesota 55101-3102
i .
DCT 4 2002
ADiV11N65T;�ATIVE
HEARlNGS
RE: All licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000, for the premises
located at 1177 Clarence Street in St. Paul
License ID #: 19990005357
Dear Mr. Fowler:
Please take notice that a hearing will be held at the following time, date and place concerning all
licenses for the premises identified above:
Date: Tuesday, November 5, 2002
Time: 9:30 a.m.
Place: Room 41
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing wiil be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name: Barbara Neilson
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 612-341-7604
. , b �-!ia -�
The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed
premises and for adverse action against such licenses, under Chapter 310, including 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.
Evidence will be presented to the judge which may lead to adverse action against all the licenses held
at the above premises as follows:
Saint Paul Legislative Code § 409.18(15) requires licensees to take
"reasonable and adequate steps to prevent persons from leaving
the licensed premises with a bottle, can or glass containing any
alcoholic beverage." On September 9, 2002 Saint Paul police
officers observed several people walk out of the building with
beer bottles in their hands. When they saw the officers, they
walked back into the vestibule area and pnt their beers down on
the ground, then left again.
The hearing will be conducted in accardance 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 Legislative
Code as may be applicable.
At the hearing, the Administrative Law Judge will have all parties identifythemselves for the record.
The City will then present its witnesses and evidence, each of whom 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 Judge may in addition heaz relevant
and material testimony from persons not presented as witnesses 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. Foilowing the
hearing, the Judge wiil prepare Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
You should bring to the hearing all documents, records and witnesses you will 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 1400.7000.
If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the
Administrative Law Judge for incorporation into his or her recommendation for Council action.
Ifyou or your client fail to appear at the hearing, your clienYs ability to challenge the allegations will
be forfeited and the allegations against your client which have been stated earlier in this notice may
be taken as true. If non-public data is received into evidence at the hearing, it may become public
unless objection is made and reliefrequested under Minnesota Statutes, Section 14.60, subdivision
�
Notice of Hearing - Page 2
If you have any questions, you can call me at 266-8710.
V ery truly yours,
�// ��� � ��.,,��
� a-//�7
�e�G����Q
OCT 4 2002
Virginia D. Palmer AUm3iviS� t�ATiVE
Assistant City Attorney HEARINGS
cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director, LIEP
Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave.,
St. Paul, MN 55119-3230
Notice of Hearing - Page 3