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02-264� � � t�. � s�:� o `�� t � � � Council File # O S.— �y Green Sheet # 113674 Presented Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Committee Date � WIIEREAS, the Legislative Hearing Officer recommends that license application (ID # 20010004373) for Liquor On Sa1e, Liquor On Sale-Sunday, Liquor Extension of Service Hours, Liquor (Patio), Restaurant (B), Entertainment, Dance Ha11, and Cigazette/Tobacco Licenses by Lucky Star, Inc., dba Bangkok City Supper Club, 733 Pierce Butler Route, be referred to an Administrative Law Judge; therefore be it RESOLVED that the Council of the City of Saint Paul hereby refers this license application to an Aduiinistrative Law Judge. Yeas Nays Absent Blakey ✓' Coleman ,/' Harris �- Benanau i/" Reiter L � Bostrom i/' Lanhy � � Adopted by Council: Date � � �� Adoption By: Approved � Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council �, � ir_ U DEPARTMENftt7FFICFJCOUNCIL oA7EwmnTED v � • -- � • City Council Offices March 20, 2002 GREEN SHEET NO � 13674 COMACT PFRSON 8 PHONE InXWID+1� InMIaVDats Gerry Strathman, 266-8560 , a ,,.�,,., a MUSf BE ON COUNCIL AGENDA 8Y (DAT� ASSIGN NUYBERFOR CrtYATTOR/EY ❑ tlIYCIFPR ROUTINA �� AIn11CAaLaFrsVICFSOR n1111VJ�LaEnVIOttTo ❑ rnvoalort�amsrwjp ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUES7m Referring the Liguor On Sale, Liquor On Sale-Sunday, Liquor Extension of Service Hours, Liquor (Patio), Restaurant (B), Entertainment, Dance Hall, and Cigarette/Tobacco Licenses by I.ucky Star, Inc., dba Bangkok City Supper Club, 733 Pierce Butler Route, be referred to an Administrative Law Judge. RECOMMENDATION Approve (A) w RejeM (R) PERSONqL SERViCE CONiRACTS MUSTANSWER iHE FOLLOWING QUESTiONS: 1. Has this perwNfirm erer vro�ked uMer a contract for this departmeM? PLANNING CAMMISSION VES NO , CIB CAMMITTEE 2. Has this persoNfirm ever been a dty empbyee9 CIVILSERVICECOMMISSION YES NO . _ 3. Ooes this persorvFim possess a sldll not namallypossessed by any curteM city employee? YES NO , 4. Is Mis pereonRrm a tarpMedventloYt VES NO F�plain all yes answers m separate sheet and attadi to preen she� INI7IATING PROBLEM ISSUE, OPPORTUNITY (Wlw, What When, Where, Why) ADVANTAGESIFAPPROVED Gouncil Research Cer�ter MAR s� �� 2002 DISADVANTAGES IF APPROVED DISADVANTAGES IF NOTAPPROVED TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETm (CIRCLE ON� YES NO FUNDING SOURCE ACTIVITY NUb18ER FlNANCIAL INFORMA710N (IXPLNtq oZ- ��. MINCTTES OF THE LEGISLATIVE HEARIIVG BANGKOK CITY SUPPER CLUB - 733 Pierce Butler Route Tuesday, March 19, 2002 Room 330 Courthouse Gerry Strathman, Legislative Aearing Officer STAFF PRESENT: Kristine Schweinler, LIEP (License, Inspections, Environmental Protection); Christine Rozek, LIEP; Tyrone Strickland, Saint Paul Police Department The meeting was called to order at 3:32 p.m. Gerry Strathman stated this hearing is being held to heaz objections to the issuance of licenses to Mai Her, Lucky's Corporation, doing business as Bangkok City Supper Club. Tait Danielson, District 7 Planuiug Council, 689 Dale Street North, appeazed and stated he submitted a letter of objection to the Legisiative Hearing Officer from their Social Concerns Committee. This letter has been accepted by their Boazd of Directors. Bangkok City Supper Club opened under new management on November 9, 2001. His understanding was the owners were managing under the license of Club Metro. Mr. Danielson attended the opening night and saw several problems with the way the establishment was nxn. Upon walking in, there was only one bouncer checking identification. Mr. Danielson was given a wrist band indicating he was over the age of 21 and could purchase drinks. There was only one person keeping individuals from going up and down the stairway into the basement, which is where anyone under 21 had to remain. After he finished lus drink, he went downstairs into the basement to check the under 21 area. The majority of the accommodations and advertisements were alcohol related. The bar still remained with no alcohol behind it. The other problem was there were many dark areas within the downstairs where someone could hide. There was not much security down there; however, there were not many people down there. Gerry Strathman asked what was being druuk downstairs. Mr. Danielson responded there was no alcohol down there. Tius was about 6:30 p.m. There was an infiltration of those over 21 going down in the lower level. From the opening night until today, there ha�e been long police reports and arrests made, stated Mr. Danielson. Bangkok is a large establishment with not enough security. They do not seem able to control their business at its peak on Friday and Saturday evenings. There ha�e been three meetings with the owners, and they ha�e made no changes. Mr. Strathmau asked if Mr. Danielson is supporting the license application if the six conditions in lus letter are placed on the licenses. Mr. Danielson responded the plauuing council suggests that these would be the minimum conditions they would like on the licenses. Without these conditions, Mr. Danielson does not see how the neighborhood and the baz would coe�st. If the owner agreed to all six of these conditions, it would still be the planning counciPs view that the license application should be denied. The planning council was trying to get the owners to agree to these conditions at a meeting. dZ Zb� LEGISLATIVE HEARING MINLTTES FOR BANGKOK CITY SUPPER CLUB Page 2 Mr. Strathman asked were the owners willing to agree to these conditions at that time. Mr. Danielson responded the biggest condirion is the one about not allowing anyone under 21 years of age to be in their establishment. That is the majority of the cause of the problems. It is e�tremely important to the neighbors and District 7 Planniug Council that tlus be an over 21 establishment. Kristine Schweinler reported Lucky Star Corporation is applying for the following licenses: Liquor On Sale, Liquor On Sale-Sunday, Liquor Extension of Service Hours, Liquor-Outdoor Service Area (Patio), Restaurant (B), Entertainment, Dance Hall, and Cigarette/Tobacco. LIEP is recommending denial of the licenses due to the operation of the business since November 1, the amount of police reports, and problems. LIEP has met several times with the applicants. They have agreed to the conditions recommended by LIEP. Even after these conditions had been signed, there were problems. Mr. Strathman asked did they agree to the condition of ha�ing no one under the age of 21. Ms. Schweinler responded no. She read the conditions which aze as follows: 1) All patrons will be checked for weapons (wanded) prior to entry; 2) E�sting e�erior video camera must be on and working during all hours of operation. Digital images will be maintained for at least 14 days. Dates and times must be correct and auailable to police and inspectors. 3) Patrons will not be allowed to loiter in the parking area. 4) Licensee will improve the lighting in the rear of the establishment by October 31, 2002. 5) A locked fence will be built to secure the dumpsters by 7une 1, 2002. 6) All employees and management will attend alcohol awareness training. 7) Wristbands will be used to identify patrons over the age of 21. No alcohol will be allowed in the area where patrons under the age of 21 aze allowed. 8) All alcohol will be secured and una�ailable for display or sale by 1:00 a.m. 9) Dress codes will be enforced at all times. No gang colors or apparel will be allowed. 10) All advertising for college or under 21 night will contain a disclaimer indicating that those under the age of 21 will not be allowed to purchase or consume alcohol. 11) Glasses, bottles, and beverages will not be allowed to lea�e the liquor service area. Debbie Shambo, 743 Englewood Avenue, appeared and stated she is a block club leader and had meetings with the owners on two occasions at the LIEP office and at District 7 Planning Council. She has a petition signed by 52 people from her neighborhood. She has heard semiautomatic weapon fire coming from the bar, she has seen fights, people ha�e been maced, she has heard shouting, and drag racing. The conditions the block club recoxnmends aze the same as those recommended by District 6 Planuing Council. (Ms. Shambo gave NIr. Strathman the petition. The petition was returned to her at the end of the meeting.) Helen Broderick, 795 Pierce Butler Route, appeared and stated she is organizing a neighborhood block club. When the owners first came into the neighborhood, she introduced herself, and they invited her to their opening night. Ms. Broderick went with her husband. She witnessed people going downstairs with drinks from the upstairs. She was surprised because she was told the oz Z�,y LEGISLATIVE HEARING NIINUTES FOR BANGKOK CITY SUPPER CLUB Page 3 upstairs and the downstairs would be sepatate. They thought things looked chaotic because it was the opening night. She walks her dog during the day there, and the parking lot has been full of broken bottles. It had not been that way in previous yeazs. Molly Quiun, '753 Englewood Avenue, appeazed and stated she lives in a house with three aduks and a dog. They all ha�e varied schedules. Late at night, they play Frisbee with the dog in the backyard. It has started to become uncomfortable to be out because of the many cars, many patrons, and loitering after hours. They haue been awakened by people playing loud musiq racing, and revvin� their engines. This activity is not fa�orable to families. Since the opening, they do not feel safe in the house and the neighborhood. Larry Paulson, 581 Blair Avenue, appeared and stated he has been in the neighborhood for 30 yeazs. He has seen other bars get restrictions on their license and it does not work. In the last 15 years, they fought hard to get the azea back to where it is suppose to be. It is right across from the playground. Tom Dunne, �95 Pierce Butler Route, appeared and stated he has doubts about the ability and the will to enforce these restrictions. On two occasions, nearly 80% of the patrol cazs were at the club, wluch meant lus neighborhood was not being covered. To enforce these regulations would require much more than any club could support in the way of manpower and surveillance equipment. He does not object to the bar business. Miaing 18 to 21 yeaz old people aze not good for the kids or the neighborhood. It creates an environment where gangs are drawn. There are a number of young cluldren on the block. There haue been previous bars in this location and there has never been a problem. Within the six months they haue been there, there ha�e been more problems than all the previous ten years. John Fulton, 1017 Englewood Avenue, appeared and stated tlus property has a large impact on the neighborhood and, because ofthat, it is different from most bazs. There is a lot of responsibility involved in running it. There is no perception on the part of the owners about how much responsibility is involved. The City has an opportunity to make a decision that is going to effect the neighborhood for yeass to come. Tlus is a good time to deny the license. Tyrone Strickland, St. Paul Police Department Comm2nder, appeared and stated he was going to check on the business because it was opening night and he wanted to make sure they were following guidelines. The first night, November 9, there was a call about a person who was assaulted. By the end of the night, the police had closed the bar because the sergeant found at least two people that were underage, dnxnk, and had drinks in their hand. There was a lot of confrontation inside and people were about to fight. There were a few fights in the parking lot. Someone was assaulted. There were 15 to 18 squad cazs to clear out the business. There were no other squad cars in Frogtown, and there were squad cazs called from another area to assist. Mr. Strathman asked were there incidents since then. Cou�ma.uder Strickland responded there was a man with a busted lip and a loose tooth who identified himself as an owner's nephew who said he was assaulted by a securiry guard. He said he would ha�e lus uncle take care of it. He oZZc�� LEGISLATIVE HEARING NIINUTES FOR BANGKOK CITY SUPPER GLUB Page 4 did not want to file chazges, but a police report was written. Mr. Strathman asked is this typical of operations like this. Commander Strickland responded the 18 to 21 age group is a problem. It has not worked with other bazs in the City. (No one else in the room wanted to raise objections.) Ms. Rozek stated the application came in with a management agreement. This was a unique opportunity to have a pending licensee operating a baz for a number of months before the City makes a decision to license the bar. The baz owners ha�e met with LIEP. There continues to be fights and police reports after they agreed to license conditions. Gerry Strathman read the objections into the record. Michael Windey, Director of West Minnehaha Community Recreation Center, 685 Minnehaha Avenue West, wrote that Bangkok City Supper Club is a problem. He cites instances ofunderage drinking, fighting, gunfire, loud noise, and trash. He observes that grounds workers ha�e to pick up trash, which they believe emanates from Bangkok. He also makes reference to drog deals being common. The other person who submitted a letter testified eazlier. Mai Her, owner, appeared and stated some of the tlungs said make the situation sound worse than it actually is. In the hundreds of yeazs that tlus country has fought against discrimination, it still continues to happen. If she were a white person doing business, there would not be as much said and people would not haue any objections. People think all Asian people aze troublemakers and gangsters. Every time she attends a meeting, people say they aze promoting gangs in their club, but that is not true. Ms. Her stated that she tries to provide a place for people to go and haue fun with their friends or relas and haue a couple of drinks. Chao Lee, owner, appeared and stated he lives two blocks from the Bangkok City Supper Club. He came to this country 20 yeazs ago. He was hoping one day to open a business like this. He did not feel he would bring any trouble to lus friends and neighbors. Club Metro was a quiet bar, and the previous owner could not afford the business any longer. The building is about $1 Million. Because they are a different race, they haue to do everytbing the license conditions require. They spent their own money installing a camera outside. The parking lot surface was broken; now, it is smooth. Now that there is a camera for the parking lot, there are no broken bottles there. Also, they agreed to secure it with a fence. It was messy in back of the railroad, but it has been cleaned now. He apologizes for bothering his neighbors, stated Mr. Lee. Their opening was a bad night. People just wanted to see the building on the first day. The person supervising that night did not handle the job well. After that night, they fired lum. As for the darkness downstairs and the signs, it was that way when they moved in. The Fire Marshall was there about two hours before people came. He said if there were too many people, they would not be able to use it. They tried to fix the light as much as they could. They have taken out all advertising signs downstairs. They are a new business and they aze trying to take care of any problems. They haue been trying to follow any conditions on their license. They haue been open O`Z-2��4 LEGISLATIVE HEARING MINUTES FOR BANGKOK CITY SUPPER CLUB Page 5 about three months now. He feels he has a lot of e�erience now and will be able to control any problems. Gerry Strathman stated he has three options available to him: 1) recommend approvai of the license application, 2) recommend approval of the license with conditions, and 3) refer to an Administrative Law 7udge. He is not prepared to do Option 1 based on the concerns raised here and the testimony received. As for Option 2, there are so many conditions enumerated by LIEP and recommended by the neighbors, he is concerned the conditions could not be monitored and enforced effectively. Also, one of the conditions essential to the dispute here is the under 21 condition. He does not haue the authority to deny this license application. It is not the City Council's custom to do that either. This is an informal hearing. There haue been a number of serious questions about facts raised and some questions about how the law will apply in tlus case. Therefore, he believes the matter should be sent to a formal hearing before an Administrative Law 7udge, who has the authority to administer oaths and other tlungs that he does not have the authority to do. After that hearing, the matter will be referred back to the City Council. Mr. Chao stated some people testified that there is too much underage drinking; however, it is hard to look at an Asian person's face and determine their age. That is why Bangkok tries to do their job and look at identification. Gerry Strathman recommended that this license application be refened to an Administrative Law Judge. The meeting was adjourned at 4:15 p.m. � Council file 02-264 passed March 27, 2002 the matter of Bangkok City Supper Club to the Administrative Law Judge. At the August 28, 2002 City Council Meeting the City Council Adopted the ALJ Decision thru a public hearing with no resolution number. Attached is ALJ' S Findings of Fact, conclusion and Recommendations. The official record. STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 August 2, 2002 Don Luna, City Clerk City of St. Paul 170 City Hall 15 West Keltogg Boulevard St. Paul, Minnesota 55102 RE: In the Matter of the Application for Liquor On-Sale, Sunday On-Sale, Restaurant, Entertainment, Liquor Extension of Service, Patio, Cigarette/Tobacco and Dance Hall Licenses by Lucky Star, Inc., d/b/a Bangkok City Supper Club for premises located at 733 Pierce Butler Route License ID # 19980009120; OAH Docket No. 4-6020-14825-3 Dear Enclosed herewith and served upon you by mail is the Administrative Law Judge's FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS in the above-entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing. The hearing tapes in this matter are being copied and sent to you at a later date. Our file in this matter is now being closed. Sincerely, ' �� y �� ' �� BRUCE H. JOHNSON Administrative Law Judge Telephone: 612/341-7607 BHJ:osb Encl. cc: Virginia D. Palmer Karin L. Fanfulik Providing Impartial Hearing for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 •l'TY No. (612) 341-7346 • Fax No. (6�2) 349-2665 t OAH Docket No. 4-6020-14825-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL �n the Matter of the Application for Liquor On-Sale, Sunday On-Sale, Restaurant, Entertainment, Liquor Extension of Service, Patio, Cigarette/ Tobacco and Dance Hall Licenses by Lucky Star, Inc., d/b/a Bangkok City Supper Club for premises located at 733 Pierce Butler Route License ID # 19980009120 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS Administrative Law Judge Bruce H. Johnson conducted a hearing in this matter beginning at 9:30 a.m. on Wednesday, June 5, 2002, in Room 41-A, St. Paul City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, represented the City of St. Paul (the City) at the hearing. Karin L. Fanfulik, Attorney at Law, 182 Mackubin St., #6, St. Paul, Minnesota 55102, represented the Applicant Lucky Star, Inc., d/b/a Bangkok City Supper Club. The record closed on July 5, 2002, when all of the, parties post-hearing submissions were due. This Report is a recommendation, not a final decision. The City Council of the City of St. Paul will make the final decision after reviewing the hearing record. The Council may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations. Under the City's Legislative Code,' the Council will not make its final decision until after it has provided the licensee an opportunity to present oral or written arguments alleging error on the part of the Administrativ� Law Judge in the application of the law or interpretation of the facts and to present argument related to the recommended adverse action. Parties should contact the City Clerk's Office, City of St. Paul, 170 City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, to find out how to file objections or present argument. ' St. Paul Legislative Code, section 310.05 (c) (2001). (Unless otherwise specified, all references to that code are to the 2001 edition.) STATEMENT OF THEISSUE Whether the City Council should grant or deny Bangkok City's license applications. Based upon the record in this matter, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Phoenix Flight, Inc. (Phoenix Flight), owns certain real property located at 733 Pierce Butler Route in the City of St. Paul (the City). For several years, Phoenix Flight held on-sale liquor and other related business licenses from the City that enabled it to operate a bar, supper club, and banquet and rental hall, on those premises, which was known as Ciub Metro. 2. The premises at 733 Pierce Butler Route are located in what is known as the Frogtown area of St. Paul, which is part of the St. Paul Police Department's Western District patrol area. 3. While Phoenix Flight was operating the premises as Club Metro, it did not sponsor social events that specifically solicited the attendance of persons under the age of 21 years. And no parts of the premises were specifically set aside for use by persons under the age of 21. Rather, Club Metro tended to be patronized by older adults, including some residents of the immediate neighborhood.' 4. When the business was operated as Club Metro, it often attracted large numbers of patrons—particularly on Friday and Saturday nights. Nevertheless, police calls and neighborhood complaints relating to its business operations were infrequent. The calls that the police received relating to Club Metro consisted mainly of reports of property crimes, such as break-ins and damage to the vehicles of customers parked in the adjacent parking lots. There was one complaint of prostitution that turned out to be unsubstantiated.' 5. Also, when the business was operated as Club Metro, there were no significant problems with noise coming from the establishment or with alcohol 2 Exhibit 15; testimony of Kristina Schweinler. 3 Testimony of Commander Tyrone Strickland. ^ Testimony ot Helen Broderick. 5 Id.; tesUmony of Officer Soren Mahowaid, Officer Sue Drutschmann, and Molly Quinn. 6 Testimony of Officers Soren Mahowald and O�cer Sue Drutschmann. ' Testimony of Commander Tyrone Strickland. -2- containers and other trash associated with the business littering its parking lots or other properties in the neighborhood. 6. Lucky Star, Inc., (Lucky Star) doing business as Bangkok City Supper Club, is also a Minnesota corporation. On October 31, 2001, Lucky Star entered into a management agreeme�t to operate Phoenix FlighYs business at 733 Pierce Butler Route under the name of Bangkok City Supper Club (Bangkok City or the Club). It was the intention of the parties that Lucky Star would continue to operate the business under the management agreement until it was able to obtain liquor and other necessary City licenses in its own name. The parties then plan to negotiate a sale of the business to Lucky Star. 7. Shartly after the Management agreement between Lucky Star and Phoenix Flight was signed, the owners of Lucky Star submitted applications to the City for the liquor and other related business licenses necessary to allow Lucky Star to acquire ownership of the business and to operate it in its own name. 8. On November 9, 2001, Lucky Star, acting under the management agreement, reopened the estabfishment at 733 Pierce Butler Route as Bangkok City and began operating a bar, supper club, and dance hall on the premises." 9. Situated on the north side of Pierce Butler Route between St. Albans and Grotto, Bangkok City is located between two commercial establishments and across the street from a park and playground. There are, however, residences immediately west of the Club on Pierce Butler Route and on Englewood Avenue. 10. There are three relatively large parking lots on the Club's west, north and east sides. The building has two levels. The first floor contains iwo bars from which alcoholic beverages are served, several tables and a dance floor and stage. The Club's policy is to only permit persons 21 years old and older to occupy the first floor. A lower floor contains a dance floor area and recreational area with pool tables and other games. Persons between 18 and 21 years old areas are permitted in those areas. But the lower floor also contains a $ Testimony of Molly Quinn and Debra Schambo. 9 Exhibit 1. t Testimony of Kristina Schweinler; Exhibits 16, 17, and 18. " Testimony of Chao Lee. 12 Exhibit 13. See also photographs attached to Exhibits E and H. 13 Id.; Exhibit G. -3- small bar area where alcoholic beverages are served and that is restricted to persons 21 years o{d and older. 11. On the evening of November 9, 2002, Sergeant Eugene Polyak of the St. Paul Police Department was working in plain clothes in the Western DistricYs Vice Unit on a special detail that had been assigned to prevent and curtail underage drinking. During the early evening hours, he saw a long line of young people lined up to attend the Bangkok City's opening night. As he entered the Club's crowded main floor about 10:30 p.m., a fight involving about twenty persons broke out, with several of the participants striking someone on the floor with beer bottles. Three or four security personnel were attempting to break up the fight. The security personnel were outnumbered and were unable to control the participants in the fight. 12. As conditions inside the establishment became inc�easingly chaotic, Sergeant Polyak left the building to obtain assistance. As he was leaving, Sergeant James Misencik, the midnight shift patrol supervisor was arriving at the scene. Sergeant Misencik called for back-up squads to assist in quelling the disturbance. Then while he and Sergeant Polyak were still in the adjacent parking lot, someone inside the bar sprayed the entire crowd with mace, causing several dozens of patrons to come out of the bar in acute distress. 13. When the back-up squads arrived, Sergeants Polyak and Misencik re-entered ihe bar with the responding officers, and they were able to quell the initial disturbance. As the responding officers were preparing to leave, a second fight broke out. They also succeeded in quelling that second disturbance. Meanwhile, Sergeant Polyak discovered two minors on the main floor who were consuming alcohol and cited both for underage drinking. Later, some patrons attempted to start yet a third fight, and the responding officers, with the owners' concurrence, closed the bar and directed all of the patrons out of the premises." 14. In the early morning hours of December 22, 2001 at approximately 12:41 a.m., St. Paul police responded to a call reporting shots fired at Bangkok City. Upon investigation, one of the Club's security officers reported that he was attempting to break up a fight in the Ciub's basement when the fight spilied out into the adjacent parking lot. While in the parking lot, the security guard saw an individual get out of a car parked in the lot and fire two rounds from a black, '^ Exhibit G. ' Exhibit 2; testimony of Commander Eugene Poiyak. Officer Polyak was subsequen4ly promoted to Commander and currently heads the Western DistricYs Investigations Unit. 16 Exhibit 2. Testimony of Commander Eugene Polyak and Sergeant James Misencik. " Id. ' Testimony of Officer Timothy Bohn; Exhibit 2. � semi-automatic handgun into the air. After that, someone else got out of another car and fired five rounds into the air. Then, both shooters got into their respective cars and drove away. The police recovered empty shell casings from the parking lot. 15. In the early morning hours of January 13, 2002 at about 1:07 a.m., Officer Saren Mahowald was on routine patro{ in the City's Frogtown neighborhood when he was dispatched to Bangkok City to respond to another call of shots fired. Officer Mahowald was unable to substantiate that shots had been fired. But he did encounter a group of twenty to thirty individuals in the parking lot who were preparing to engage in a fight. Further investigation disclosed that there had been about ten fights inside the Club and two in the adjacent parking lot that evening. Club security officers had used mace to disperse the crowd inside the Club. Officer Mahowald, six other patrol units, and one K-9 unit spent about half an hours dispersing the crowd and clearing the Club's parking Iots 16. Between November 9, 2001, and January 30, 2002, the St. Paul Police Department received twenty-nine complaints or requests for assistance at Bangkok City, involving fights, assaults, other disturbances, or violations of liquor laws. Those complaints and calls resulted in eight police reports?' 17. During the month of January 2002, there were several occasions when the music being played by bands at Bangkok City was so loud that it disturbed neighbors through closed windows a block and one-half away. On occasions, the music has been so loud that it has caused damage to the Club's sound systems 2 The bands or disc jockeys that perform at the Club have generally been allowed to control the loudness of the sound systems. On occasions, however, the Club has hired a sound technician to assess the loudness of the music and to help the bands establish loudness at tolerable Ievels. 18. Many patrons of Bangkok City park on the streets in adjacent residential neighborhoods. Patrons also have been using nearby Englewood Avenue as an after-hours hangout after the Club closes for business. In that regard, Club patrons frequently consume alcoholic beverages in or near vehicles parked on Englewood Avenue and discard alcoholic beverage containers and 19 Exhibit 3. 20 Exhibit 4. 21 Exhibit 5. 22 Id.; testimony of Debra Schambo and Moliy Quinn. 23 Testimony of Chao Lee. za ld. d.'� other litter on the lawns of neighborhood residents. Lucky Star has begun hiring a janitorial service to remove afcofiolic beverage containers and other fitter on Saturday and Sunday mornings. 19. On February 5, 2002, the St. Paul Department of License, Inspections & Environmental Protection (LIEP) held a meeting with Lucky Star's owners, which included the Saint Paul Police Department, license inspectors, and neighbors to discuss the complaints that they had been receiving about the operation of the Bangkok City Supper CIub. As a result of that meeting, LIEP proposed that the following eleven conditions be incorporated into any liquor license that might be granted by the City: a. All patrons will be checked for weapons (wanded) prior to entry. b. Existing exterior video cameras must be on and working during all hours of operation. Digital images will be maintained for at least 14 days. Date and times must be correct and available to police and inspectors. c. Patrons will not be allowed to loiter in the parking area. d. Licensee will improve the lighting in the rear of the establishment by October 31, 2002. e. A locked fence will be built to secure the dumpsters by June 1, 2002. f. All employees and management will attend alcohol awareness training. g. Wristbands will be used to identify patrons over the age of 21. No alcohol will be allowed in the area where patrons under the age of 21 are allowed. h. All alcohol will be secured and unavailable for display or sale by 1:00 a.m. i. Dress codes will be enforced at all times. No gang colors or apparel will be allowed. j. A11 advertising for college or under 21 night wi11 contain a disclaimer indicating that those under the age of 21 will not be allowed to purchase or consume alcohol. Z5 Testimony of Debra Schambo and Molly Quinn; letter of Laurel Arnold and Scott Hreha (attached to Exhibit 8). zs Testimony of Chao Lee. 27 Exhibit 7; testimony of Kristina Schweinler. Q:� k. Glasses, bottles and beverages will not be allowed to leave the liquor service area. 20. On February 23, 2002, Officer Sue Drutschmann responded to a complaint that there was yelling in the parking lot of Bangkok City and drag racing in the vicinity. Officer Drutschmann was unable to substantiate any drag racing, but she did see several peopie milling around in the parking Iot. Upon further investigation, she learned from Club security staff that a fight had broken out, that chairs had been thrown, and that security staff had encountered difficulty in removing the participants from the premises. Some minor injuries resulted from the incident. On average, Officer Drutschmann has responded to twice as many fight calls at Bangkok City as any of the fifty other bars in her patrol area. 21. Commander Tyrone Strickland is the St. Paul Police DepartmenYs Patrol Commander for the Western District. Because of the large number of police calls and complaints originating from Bangkok City, that establishment has been designated a"problem bar" within the Western District. Based on his own observations at the Club and the information he has received from the several police investigations into incidents, it is Commander Strickland's opinion that overcrowding is a significant contributing factor in the problems that have occurred at Bangkok City. 22. On March 19, 2002, a legislative hearing officer employed by the City conducted a legislative hearing on Lucky Star's license applications in Room 330 of the Ramsey County Courthouse for the purpose of hearing objections to issuance of licenses. At the legislative hearing, Tait Danielson, lead organizer for the District 7 Planning Council, testified and submitted a petition from the Council's Social Concerns Committee requesting that five conditions, in addition to the eleven conditions being proposed by LIEP, be imposed on any liquor license granted to Lucky Star for operation of Bangkok City. Those additional conditions were: a. No one under 21 allowed on the premises b. The perimeter plus fifty feet cleaned daily c. At least two off duty St. Paul Police Officers posted outside the business on Friday and Saturday evenings d. All music contained inside the buildings 28 Exhibit 5. 29 Exhibit 6; testimony of Officer Sue Drutschmann. 3o Testimony of O�cer Sue Drutschmann. 37 Testimony of Commander Tyrone Strickland. 32 Exhibit 9. -7- e. Closing time no later than 130 a.m. The petition was signed by thirty-two neighborhood residents. 23. In addition to Mr. Danielson, six neighborhood residents appeared at the hearing and expressed complaints about the Bangkok City's operations. Kristina Schweinler provided information to the legislative hearing officer about Lucky Star's dealings with LIEP. Commander Strickland provided information about the St. Paul Police DepartmenYs dealings with Bangkok City, and he expressed his opinion that marketing the estabfishment to young adults between the ages of 18 and 21 was the cause of many of the police problems that had occurred there �' 24. Lucky Star is unwilling to agree to all of the five additional conditions being proposed by the District 7 Planning Council. It is particularly reluctant to curtail marketing the establishment to young adults, ages 18 to 21, because that age group represents forty to fifty percent of all patrons and is the financial backbone of the business. 25. Lucky Star has been taking the foliowing steps to eliminate or reduce the problems that have resulted from its operations of Bangkok City: a. Hiring two off duty police o�cers for security in the Club's adjacent parking lots on Friday and Saturday nights; b. Maintaining a surveillance camera in the parking lot; c. Maintaining sixteen security personnel inside the premises, with additional security for special events; d. Having a metal detector available for wanding patrons when entering the premises; e. ftequiring a dress code for patrons; f. Supplying identifying wrist bands for patrons over the age of 21; g. Having security staff clear out the parking lot after closing; h. Having the manager monitor the loudness of music and directing disc jockeys not to alter the loudness settings on sound equipment; a3 Exhibit 8. �' Exhibit 9. 's Testimony of Chao Lee and Tou Lee Yang. 3s Testimony of Chou Lee, Mai Her, and Tou Lee Yang and exhibits as noted below. 37 See also Exhibit D. � See also Exhibit B. �:� i. Hiring two cleaning staff to clean the premises and adjacent parking lot in the morning. Having them remove litter from the neighborhood on Saturday and Sunday mornings; j. Arranging for an occasional visit from a sound technician to monitor sound equipment and noise levels; and k. Obtained bid for fencing to contain dumpsters. 26. Additionally, in mid-May 2002, Lucky Star contacted Miles Canning, an expert in conducting alcohol awareness training, to arrange for such training for Bangkok City's management and security staff. Mr. Canning conducted that training on Saturday, June 1, 2002. 27. At the hearing, Mr. Canning expressed his opinion that since Bangkok City Supper Club is not situated directly in a residential area, but rather is a free-standing building in the immediate vicinity of a commercial and industrial area, it is a good location for an enterprise of its kind. It was also his opinion that it was feasible, with proper precautions, for Bangkok City to make its premises available to 18 to 21 year olds while minimizing any risk of underage drinking or unruly behavior. Finally, it was Mr. Canning's observation that it was difficult for an establishment to control the behavior of patrons in adjacent parking lots and probably not feasible for an establishment to control the behavior of patrons in surrounding neighborhoods.' 28. After conducting the legislative hearing on March 19, 2002, the City's legislative hearing officer considered three options: (1) recommending that the City Council approve of Lucky Star's license application without conditions; (2) recommending that the Council approve the application with the conditions that were proposed by tIEP and the District 7 Planning Council; and (3) referring the matter to an administrative law judge for a formal hearing and a report and recommendation to the City Council. The legislative hearing officer rejected the first options because of all the concerns that had been raised by the police department, LIEP, and neighborhood residents. He rejected the second option because of a belief that the sixteen conditions being proposed by LIEP and District 7 could not be effective{y monitored and enforced. So the fegisfative hearing officer selected the third option. 39 See also Exhibit C. 40 See a/so Exhibit F. °t Testimony of Miies Canning; see Exhibits J and K. 42 Testimony of Miles Canning. � 29. On April 4, 2002, the City issued a Notice of Hearing in this matte( and th+s administrative proceeding ensued. 30. These Findings are based on all of the evidence in the record. Citations to portions of the record are not intended to be exclusive references. 31. The Administrative Law Judge adopts as Findings any Conclusions that are more appropriately described as Findings. 32. To the extent that the Memorandum that follows contains findings of fact, the Administrative Law Judge hereby adopts them as such. Based upon these Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. Minnesota law and the St. Paul Legislative Code give the Administrative Law Judge and the St. Paul City Council authority to conduct this proceeding, to consider whether the license applications of Lucky Star should be granted or denied, and to make findings, conclusions, and recommendations or orders on that subject, as the case may be. 2. The City gave Lucky Star proper and timely notice of the hearing in this matter, and the City has complied with afl of the {aw's substantive and procedural requirements for initiating and proceeding with this matter. 3. The St. Paul Legislative Code authorizes the City Council to take "adverse action" against an applicant for reasons that are specified by the Code as 4. "Adverse action" means, among other things, "the denial of an application for the grant, issuance or renewal of a license." It also includes "disapproval of licenses issued by the state under statutory provisions which permit the governing body to disapprove the issuance of the license." 43 Exhibit 10. 44 Minnesota Statutes, § 14.50 and St. Paul Legislative Code, § 310.05. Unless otherwise specified, all references to Minnesota Statutes are to the 2000 edition. 45 St. Paul Legislative Code, § 310.06 (a). 46 St. Paul Legislative Code, § 310.01. a� /d. -10- 5. One of the reasons for which the City Council may deny license applications is where "[t]he licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the pubfic." 6. Also, the Code authorizes the City Council to impose conditions on licenses that it decides to issue: When a reasonable basis is found to impose reasonable conditions and/or restrictions upon a license issued or held under these chapters, any one (1) or more such reasonable conditions and/or restrictions may be imposed upon such license for the purpose of promoting public health, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peaceful en}oyment of urban life, or promoting security and safety in nearby neighborhoods. Such reasonable conditions and/or restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particular types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establishment where particular types of activities may be conducted; (3) A limitation as to the means of ingress or egress from the licensed establishment or its parking lot or immediately adjacent area; (4) A requirement to provide off-street parking in excess of other requirements of law; (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restriction Iimiting the operation ofi the ficensed business or establishment to ensure that the business or establishment will harmonize with the character of the area in which it is located, or to prevent the development or continuation of a nulsance. 4 e St. Paul Legislative Code, § 310.06 (b)(8). 49 St. Paul Legislative Code, § 310.06 (c). -11- 7. The City has the burden of proving by a preponderance of the evidence that the way in which tucky Star has operated Bangkok City maintains or permits conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public. The City met that burden in this proceeding. 8. The way in which Lucky Siar Bangkok City has been operating its music and sound systems in Bangkok City has created an unreasonable annoyance and nuisance in surrounding neighborhoods. 9. By collocating in its basement a bar where intoxicating liquor is sold along with entertainment programs aimed at attracting large numbers of young people under the age of 21, Bangkok Gifij has created conditions that facilitate the potential for underage drinking and, therefore, unreasonably endanger the safety, health, and morals of large numbers of those young people and other members of the public. 10. Many of Bangkok City's patrons park on nearby residential streets. After the Club closes for the night, some patrons who park there continue or begin drinking alcoholic beverages in their vehicles and litter the neighborhoods with alcoholic beverage containers and other trash. 11. Lucky Star's business strategy is to soficit ihe patronage of large numbers of young adults who are between 18 and 21 years old, as well as 21 years old and older. That business strategy had resulted in patronage by both groups of young adults in numbers that exceed Bangkok City's abifity to controf their conduct and, as a result, has created a nuisance in adjoining residential neighborhoods. 12. Minnesota 1aw provides that no license to sell alcoholic beverages may be issued unless the applicant shows, to the satisfaction of the governing body that issuance would be in the public interest. 13. Lucky Star has the burden of proving by a preponderance of the evidence that issuance of liquor licenses to it would be in the public interest. Lucky Star has failed to meet that burden in this proceeding. 14. Issuing licenses to Lucky Star under prevailing conditions to enable it to sefl alcoholic beverages at Bangkok City would be detrimental to the public good and would therefore not be in the public interest. 15. The Administrative Law Judge adopts as Conclusions any Findings that are more appropriately described as Conclusions. so Minn. Stat. § 340A.412, subd. 1(b). -12- 16. The Memorandum that follows explains the reasons for these Conclusions, and to that extent, the Administrative Law Judge incorporates that Memorandum into these Conclusions. Based upon these Concfusions, the Administrative Law Judge makes the following: RECOMMENDATtON The Administrative Law Judge respectFully recommends that the St. Paul City Council DENY the license applications of Lucky Star, Inc. Dated this 2nd day of August 2002. Administrative Law -13- MEMORANDUM The authority to regulate the sale of alcoholic beverages within the state, including granting licenses to sell them, resides in the first instance with the legislature. No one has a right to receive a license to sell alcoholic beverages. Whether or not to grant a license "rests in the sound discretion" of the licensing authority. That discretion is not unlimited. Rejection ofi an application fior a �iquor license cannot be "arbitrary and capricious'=that is, it must be the result of a process "of examination and consideration ... and not a mere expression of personal wil1." In Minnesota Statutes, Chapter 340A, the legislature largely delegated the authority and discretion to grant liquor licenses to municipalities, such as the City of St. Paul. But when it did so, it placed a number of statutory limitations on that authority and discretion, among which was the requirement that [nJo license may be issued, transferred, or renewed if the results of the investigation show, to the satisfaction of the governing body, that +ssuance, transfer, or renewal would not be in the public interest 54 [Emphasis supplied.} So, here, the City Council does not have the discretion to issue a liquor license unless it is satisfied that issuing the license will promote the public interest. Put another way, the Council has an affirmative duty to ensure that operation of a business so licensed will not be "detrimental to the public good." Lucky Star relies on Wajda v. City of Minneapolis to support its argument that denial of its license applications would be an abuse of discretion. In Wajda the Minnesota Supreme Court found that denial of a liquor license application was arbitrary and capricious where the premises were a suitable location for a tavern and where the applicant had formerly operated a tavern there for several years without complaint or incident. The evidence had only established that an intervening owner had committed several licensing violations and had allowed the establishment to become a neighborhood nuisance. What the court, in effect, rejected was the city's argument that the reputation of the premises had become irreparably tainted. But Wajda is inapposite to the facts of this case. Here, the evidence established that a prior owner had operated a bar on the premises for several years without it becoming a police probiem or a 51 Paron v. City of Shakopee, 32 N.W.2d 603, 606 (Minn. 1948). 5z id. at 609; s3 Id. at 610. �` Minn. Stat. § 340A.412, subd. 1(b). � Sabes v. City of Minneapolis, 120 N.W.2d 871, 875 (Minn. 1963). =� 246 N.W2d 455 (Minn. 1976). -14- neighborhood nuisance. And it was only under the current applicant that significant problems have begun to arise. Subsequently, in Country Liquors, Inc. v. City of Minneapolis, the Minnesota Supreme Court made it clear that it was entirely appropriate for a licensing authority to base denial of a liquor license on community objections relating directly to the proposed operations of the current applicant, as opposed to actions or operations of some prior operator of the establishment: On the facts of this case, the city council's decision to deny appellanYs transfer application can hardly be described as arbitrary or capricious. The counci!'s action was the result of specific objections raised by community residents whose lives would be directly affected by the proposed liquor outlet. We wouid be seriously misguided to characterize the counci{'s sensitivity toward the special concerns of the north Minneapolis community as arbitrariness. Indeed, the very reason for allowing the council substantial latitude in these matters is to permit adequate consideration of unusual circumstances. The neighborhood objections in Country Liquors were based on incompatibility of a tavern with surrounding land uses. But in Anton's, lnc. v. City of Minneapolis, the court of appeals dealt specifically with neighborhood objections based on the potential for "late night activity which would disturb residents of the neighborhood." It held that such potential was a su�cient basis for the licensing authority to deny upgrade of a liquor license to a license that permitted on-site entertainment. This case, unlike either Counfry Liquors or Anfon's, goes beyond the potential for neighborhood nuisance. In less than six months, Lucky Star's operation of the premises has established a history of neighborhood nuisance activities. There have been repeated fights on the premises that on occasions have spilled out into the adjacent parking lots. There has been a continuing problem with music so loud that it can be heard two blocks away through ciosed windows and, by Lucky Star's own admission, occasionally damages its own sound systems. Although there are three large parking lots immediately adjacent to the premises, crowds are such that patrons are parking in the adjoining neighborhood two or more blocks away. Patrons who park there are drinking in their vehicles after closing and are throwing alcoholic beverage containers and other litter onto residents' lawns. They are also loud and boisterous at times. In short, unlike earlier cases where denial of liquor license applications has been 5 ' 264 N.W.2d 821 (Minn. 1978). 58 Id. at 824. 59 375 N.W.2d 504 (Minn.App. 1985). so �d. at 507. -15- RESPONDENT'S EXHIBITS �. -�� Case Number. 'E'bU20 L4fc25 -' � Page No. _ 6chibit Number Descripfion Offered Received �Inns i ��i0 � a✓; i li v � uM� ws. GM.�nn.�n,� d4k� -- - 2 Y 1/ C �GG S d �2-7-t�1 � ;.� � �5� �r �P2 wt u�el� �t +� !/ ��;,�s g s l �,,, ►�� v �, Eld.k[Q 5-31-�6'Z t� L �. p z._ � � - o -�4 � �� n.�1 d�� ; v L� � �41w ►ra;�� ,�' k d� � � �., - Mai Her Bangkok City Supper Club 733 Pierce Butler Ronte St Paul, M1V 55104 CONDITION AFFIDAVIT 1. All patrons will be checked for weapons (wanded) prior to entry EXHIBIT �.� , " a. � � s 2. Eacisting exterior video cameras must be dn an�zwerking during all hours of operation. Digital images will be maintained for at least 14 days. Dates and times must be conect and available to police and inspectors. 3. � F� Patrons will not be allowed to loiter in the pazldng lot. Licensee will isnprove the lighting in the reaz of the establishment by October 31, 2002. A locked fence wili be built to secure the dumpsters by June 1, 2002. 6. All employees and management will attend alcohol awareness training. �x.iroY�S 7. VJristbands will be used to identify�ver the age of 21. No alcohol will be allowed in the azea where patrons under the age of 21 aze allowed. 8. 9. 10. I1. All alcohol will be secured and unavailable for display or consumption by 1:00 am. � Dress codes will be enforced at all times. No gang colors or appaze�will be allowed. All advertising for college or under 21 night wili contain a disclaimer indicating that those under the age of 21 will not be allowed to purchase or consume alcohol. Glasses, bottles and beverages will not be allowed to leave the liquor service area. Signature Date � &., s� , .�� . � � -�•�� .._`�r�i7 LNL_ i'� �f c�.'�..�',....;i:�u.:, � / / 1�� ,_.vi ...,�y v-i�� :k'; � ' ..�. '-« ' "'�s`:_ �:l!lu. .�.��..� .,� _�[ .� , ,'ib�C_b_ n.._ _Y. ' - �V _ ��.�. �"U.�� ' _ �.r, _J iYhri�� .�4Y�i. J�iiliitCY Lr4lC� n%.:; �. t w•�� .:u_. :.?Ai.: _4'i,.]� .-�..Gi4� "_�._�.�.. _- .o. r,iA?. -._ o, �..,"...: ._ �3">k::i:li3 Jiilait=it:i � I L `i}'tYC ri ii�Il._ � t ; EXHiBiT D . ... ..., �.:. . s �reyfus Accou� Statement Page 1 of 2 StatemeM Date 12/07f01 Axount number 4059 0520 3201 0152 New balance $9,638.00 Past due amouM $0.00 Minimum paymeM due $193.00 �:P.illmaiitdilw�tlata.''::==�.=i";=;: `,�,`F.=�"�;(klli{�X42:` Creditlimit $11,000 Available credit $1,362 Days in billing period 30 N508 0112�7 Page 1 of 2 SAO 6 7 5 5414 0002 5767 9050 O1A05434 16032 Account Summarv Previoua balance 0.00 Paymenta and cred'ds $0.00 Purchases and advances $9,500.00 RNANCE CFfARGE 5138.00 Debit adjustmenb 50.00 New 6alance $9,638.00 � foreustomerservkeorMrepaRalostorstobneard, �aa toiHfie.: an.eass�aa � SsMpaymeMSto: P.O.BOX8084 SOUiH NACKENSACK,NJ 07606�8034 �P�US VISA� PLATINUM � ti �- _<__-__-___-_-- ��-:__-_______'_'-=_______-_=�"�-'-_:,-'-' , - = _>=` -`_= Fransac ons'=::::::t__ _>_: __= ��.=_=: _°:;__: _ _:_:;.._ : =_:?:<.;::._::_--:::__:._�:.;: _::;:":;:�:;.<::.;:-:-' "<-:.::_'.:=�i�=;�` :<�.; � '--;;.::�:_:: — --- -- — -- -- — - -- - Oescri tlon f � G�/�-�ti % 1L 51]5�] �7_ri5 74059049ZOSQ74MWF CREDI7LJTiECHECK 6647WILM DE y 7,000.00 �� 11/15 11p� CASHADVANCEFEE n A9.00% i 11M9 11/19 7405904A308Q762P9 CREDI7LNE CHECK 6645 WILM DE . 0 ---- 11Yt9 ---- � --- _ .-- - ------- ` ------ �� ------- � ------ �CASH - RDVAI3CE - FEE --..-------- �' -------- -------`---- ----- --- 45.00� 'FlNANCE CHARGE' PURCHA8E8 ;0.00 CASH ADVANCE $40.00 40.00 — 70 M artaunt lollowedbya mmus (-) is a cedd waedrT balancs .� CONGRATULATIONSI DUETOTHEEXCELLENTWAYYOU �8f`EIQLt1ttl.p HAVE MANAGED YOUR ACCOUNT, YOUR CREDIT LINE HAS y y Q �� rfU � BEEN INCREA&ED. Na � 9 O / f/ 7'� � Pumhaaee Caeh Avaraga DaGy . Daiiy Pedadic Nominal Balanee Rate APR 0.00 .03123�. N.409L 0.00 .03123% 11.40% e�P ge Trensactlon Fltlanca R Feee Char e 0.00 0.00 17.67% 95.00 98.00 0.00 40.00 � ,,..- .�.,... 3 � ��. Customer Name:� Address: �_ Job Number: Date: � Customer System Number: • j y ° - Installation A rOD QVeI; 1 have reviewed the installation of my security system with ADT Instailation Crew and am satisfied that it has been installed in accordance with our agreement. I hereby understand, acknowledge, and accept placement of all Devices, Control Panel, & Wiring. I understand that any changes or relocation of devices will be done on a Time & Maferials basis. • Cusfomer's Initials: Oceration Approval: I have been trained in the operation of my security system and the prevention of false alarms. I also understand ,that it is my responsi6ility to thoroughly train All Future Users of the security system. Failure to properiy train users could result in unwanted FALSEALARMS and MUNtCIPAI F/NES. ADT will provide additional on site training for the customer on a Time and Materia�s basis. • Cusfomer's Initials: Tele�hone Line App�p�L• The alarm system has been installed on the following phone line(s). Primary Dialer is on:� ['� � j Secondary Dialer is on: [ 1 ,� , ;;: Specia► Note: Secondary di er is for Commercial Fire Systems only. Any future relocation of alarm interface jacks (RJ31� ta different or new.phone Gnes wiptie dc�e on a Time & Matedals basis. , • CuStoRlBl'S /ltffl8lS: , � 3 ° ($J Day Test Ontion ❑ I request the (5) Day Test Option. The monitoring center will not dispatch authorities for the first (5) days or until the specified date of: Customer's Inttlals: � f decline the (5) day test option. Customer's �nlila�s: _ � , ❑ CONTRACT P b IN FULL � COLLECT MONEY DUE IN THE AMOUNT OF $ �� "e CR4WN F�11TCE 8� WIRE CO MMiNEAPOtl3. I PVIDNE (st2! 513112002 ok Ciry ?ou 713 "eice � Route St P ul, MdV. 551p4 Aompuer enclosiue w/ PDS slat Trn�Lee We � p►eased W offec 51,550.00 as youz �ret instatled cost for the foltowing chain link fence for subject 1- Dumpseer enctosuce 15' X 5' �C 1' Etig� ('ralvanized chain link fence wstle PI?S siat in customer specifad wlor &am our asmrt�cent Encloyute wil] have a tbnblt d[ive gate on t� front for acoess. hslf down with yoar ordet. Halan�e dae upou campkGOn of au wock. Detivery, 2 weeks. S��cere�p, CROWN F�rrCE & wIRE COIv1PANY E. 7eseph P. Polnaszek Sales & Setvice . � 0 G � !U � cs � � �'' , � � � 7° � � m � � R) � � � o rn A � \ ' � � � � n � m � � � � a �-- �pn z� � N � � '' 2 �� ti n r p r � cp � �-'; 70 � 3 i � � a � ,� ° ' � S-r'"- o � @ � � 1� � 0 0 � A P P (n � L ' Y R � n �� fo m £ o C � ti � �� rt �m � 3 0 A� �On a � � � R p fJ'G F P k -r- �H � t^ p� Z i '� N n a c�3 rp � n a � r � � aeeter m Q� x '�'1 ' � � A � r �N W � n � � � a � � GRo sT, �... The 90-minute EA/BEST Alcoho/ Sa/es Seminar Miles B. Canning, Presenter �o � 1� � �s. � Topics 1. state and municipal laws..secent changes 2. compliance checks 3. penalties (probable) 4. I.D.checking procedures 5. policies 6. incident reporting 7. effects of alcohol on the body 8. signs to watch for/ what to do 9. test 10. certification 2002 MINNESOTA Fact Sheet (These handouts may be duplicated or recycled by registered clients, and are available in Spanish. This general information summari�es various answers received from public resources regarding alcohol sales zssues. An attorney, rquor license administrator, police o�cer, or insurance agent may provide more time[y information an� should be consulted if accurate and authoritative information :s important.) "Dram Shop" tatute§: It is illega] to sell, serve, give, fumish or provide alcoho] to an under-aged (M.S.A. §340A.503) or obviously intoxicated (M.S.A. §340A.502) person; "Social hosts" may face liability for serving a min Private cYubs may have liability if patron is neither a member nor a guest of a member. "DWI" blo alcohol percentage levels/ concentration ("BAL" or "BAC"): "Driving While Under the Influence/ I toxicated." A driver's BAL of .10 presumes intoxication and driver's license will be revoked (for up to year). Loss of license, fines, and incazceration are possible if convicted. 1993 "Use It and Lose It" Statute enalizes minors with any alcoho] whi]e driving. The bar ender/ server/ seller can be criminally and civilly liable for serving or sellin� alcohol to an underag d person, or possibiy for making an "indirecY' sale. The last person in the chain of service is liable for that ansaction. Licensee may also have civil liability for acts of employees (M.S.A. §340A.501) Other Info.: "Notice of Claim" of 240 days. (M.S.A. §340A.801) 2 yr. limit. A licensee is responsible for the end destination of every drink that is served. Must post "3-warnings" sign (call DPS 651-297-7359). 2002 Keg Registration Statute requires off-sale retailers to obtain and keep information from keg buyers. Compliance Checking: (M.S.A. §340A.503) Law enforcement authorities, public health and research agencies, and other regulators may use underaged buyers to test the selling and serving practices of both liquor and tobacco merchanu. The test should be fair and not entrap the seller or server. 1. Walk-through; 2. under-aged buyer; 3. "group" or multiple-customer (second-party) buy. "Positive° compliance checks to reward "due diligence.° No one passes compliance checks by accident. MBC Presentations — 21100 Excelsior Blvd. — Excelsior, MN 55331-8740 Age Restricfions: What's Really So Bad About Underaged Drinking? Statistics from the Center on Addiction and Substance Abuse at Columbia Universiry show that undera�ed alcohol abuse has dire consequences. * A 1999 study showed that people who start drinkin� alcohol before age I S aze four times more likely to be diagnosed to be chemically dependent by age 25 than people who start drinking at age 21. * Hennepin County Survey shows that 58% of 12� �aders who use alcohol started at or before age I5. � 95% of violent crime and 53% of all injuries on college campuses. - College students spend $5.5 billion a year on alcohol--more than other drinks and books. 41 % of college students' academic problems related to druilcing, as are 28% of all dropouts. � I in 3 underaged students drink primazily to get drunk; 1/2 engage in "binge" drinking. � In the last 15 yeazs, the percent of colleae women drinking with the intention of getting drunk tripled from 10% to 30°/a. Underaged women who drink alcoho] suffer more serious consequences: -- 90% of all C amng� ranes n.. �r when t�„yielim accailant nr hnth ncr alrnhnl -- 60% of women who acquired sexually transmitted diseases, including AIDS were under the influence of alcohol. 45% of young male drowning victims used alcohol prior to drowning (men drown 12 times more ofren than women do). 45% of all diving victims drank alcohol prior to an accident. A 199b Univ. of Minn. Study of Minnesota 1Z graders found: Only 14% of 12th a ade alcohol drinkers obtained their alwhol from commercial establishments, whereas 68% obtained it from peers or adults who bought it or gave it to them. A Social Host Civil Liability Law was passed in Minnesota in 2000 extending liability to non-commercial sources of alcohol to minors (Zero Adult Providers law). 2002 Federal Task Force report quantifies the perce�tages (4/10/02 Mpls. Star Tribune): 1400 college students killed in alcoho]-related accidents, falls, drownings; 500,000 injuries; 70,000 cases of sexual assault or date rape; 400,000 students between 18 and 24 reported having unprotected sex as a result of drinking. Young people who drink suffer serious consequences because of the way they usually drinlc. POSSIBLE PENALTIES for SALES TO MINORS 1. Criminal: � Gross Misdemeanar (Up to 1 year in jail and/or a$3,000 fine) � Average fines range from $300-$500 (possible felony) 2. Civil (Dram Shop): • "Third Party" liability (law suits) � An illegal sale constitutes negligence per se • Joint and several liability at 16% applies 3. Administrative: • Municipal licensing authorities can fine the licensee up to $2000, plus 60 days of suspension (or in extreme cases deny the license). � Presumptive, graduated penalties are most common 4. Employment: � May be grounds for employee dismissal. 952-470-9025 ^ fax 952-474-2919 — copyright 2002 MBC Presentations — PAGE 2 MBC Presentations - 21100 Excelsior Bivd. - Excelsior, MN 55331-8740 I.D. Checking/ Valid Forms/ Procedures/ Underaged Drinkers I. Legal Drinking Age (M.S.A.§340A.503) ...At least 21 years of age (no exceptions) ...18 for tobacco items It is illegal for minors to possess, consume, or attempt to buy alcohol (misdemeanor--minimum �100 fine) 1989 "shield law" depends upon "due diligence" in I. D. Checking "It's illegal for us to serve minors, and it's il[egal for you to ask. " I. Valid Proof of Age (M.S.A. §340A.503 Sub.6) Birth date for alcohol sales (21) must be today's date in or earlier. Birth date for tobacco sales (18) must be today's date in or earlier. "Clipped" I.D. can be accepted only with valid temporary permit (120 days) Acceptable Forms of ID: (1) Any valid Driver's License with customer's picture from any state (1991) (2) Canadian province (1991) (3) Minnesota or Out-of-State non-driving LD. Cards (with pictures--1993) (4) Foreign Passport ar US Passport (2000) (5) Military I.D.s (active, green printing, insignia on either side of photo (1998) III. Procedures for Checking: [EXPIRATION = validity/ �� = calculate/ CONFIRM = picture] 1 Aonroach Personally check anyone YOU don't KNOW is 21 or over, even if the person was supposedly checked already. Be courteous, respectful, and patient I(or We) need to see valid identification. May I see your Driver's License, please?" 2. Insnect Handle the L D. yoursel£ Be sure you have adequate lighting. Use an L D. Checking Guide showing examples of out-of-state I. Ds (To Order: 800-227-8827). 3. Interro�ate Orally quiz the subject. Look for clues of nervousness, doubt, or refusal to make eye contact. Demand as much "back-up" identification as you need to be sure. Not sure? Don't serve! 952-470-9025 - fax 952-474-2919 - copyright 2002 MBC Presentations - PAGE 3 MBC Presentations - 21100 Excelsior Blvd. - Excelsior, MN 55331-8740 POLICIES ON THE SALE AND SERVING OF ALCOHOLIC BEVERAGES This establishment maintains consistent policies on the service and sale of alcoholic beverages. Failure to follow these policies may result in an employee's dismissal. 1. Alcoholic beverages will be served or sold only by designated employees who have been trained to find out if patrons are of legal age and who have been trained to detemrine if a patron is approaching or is obviously intoxicated. 2. Employees will ask for and receive valid identification before serving or selling alcohol to anyone who looks to be less than 30 yeazs of age. _ " ..� a...�..� � � �� ..� � �'w•.r � � • � � 4. When a customer has been refused service or been denied a purchase because he or she cannot produce proof of age or appears intoxicated, a11 employees will help prevent this customer from possessing or consuming any alcoholic beverage. 5. Employees should consult with other staff personnel if they observe a patron is approaching intoxication, regardless of how many drinks served. Refusing alcohol service does not presume the establishment is in any way liable for the customer's behavior. 6. Management takes the responsibility of backing up servers' decisions and/or intervening in the event a customer needs to be denied service or sale of alcohol. Avoid starting with the word, "You." Instead, start with the words, "We can't...." 8. Once someone has been denied service or sale of alcohol, or "cut off," he or she remains "cut ofF' for the day (even if he or she is not driving). 9. Reasonable efforts should be made to prevent a patron who is "obviously" intoxicated from driving upon leaving our establishment. If an employee feels any patron is unable to drive responsibly, he or she will notify management who may call the police. 10. A written report should be completed to document how incidents which relate to these policies are handled. I agree to follow all of these policies to the best of my ability. Employee's Signature: Date: 952-470-9025 - fax 952-474-2919 - copyright 2002 MBC Presentations - PAGE 4 MBC Presentations - 21100 Excelsior Blvd. - Excelsior, MN 55331-8740 CONFIDENTIAL INCIDENT REPORTING FORM To our arcomey: From: (Employee(s) involved) Date of Incident: Job Title: Date of Report: Reason for Report (please circle number): 1. Customer injury. Record all details. 2. Customer damages property. The damaged item (glass, furniture, fixture) must be repaired, replaced, or removed. 3. Customer threatens or harasses an employee (take verbal threats seriously). 4. Customer behavior disrupts business (refuses to cooperate, refuses help). 5. Other incidents (violence, theft, vandalism, provides alcohol to minors, driving). CUSTOMER INFORMATION AND/OR DESCRIPTION: (Name, credit cazd #, license #, vehicle plate #, model of car, names of associates) INCIDENT (Describe what happened): APPROXIMATELY WHEN did customer arrive? APPROXIMATELY WHEN did customer leave? Did customer drive to and from the business ? Yes Was incident reported to management? Yes (Tf No, why not?) Was incident reported to police? Yes _ No Additional information (LJse back if necessary): No Unknown No _ Unknown EMPLOYEE'S SIGNATURE: DATE: 952-470-9025 - fax 952-474-2919 - copyright 2002 MBC Presentations - PAGE 5 MBC Presentations - 21100 Excelsior Blvd. - Excelsior, MN 55331-8740 THE EFFECTS OF ALCOHOL ON THE BODY Physiological and Psychological Alcohol effects the central nervous system, primarily the brain. Alcoho] causes a deterioration of function, never an improvement. The hi�her functions are inhibited by the lower blood alcohol levels while more autonomic funcuons aze affected later by increasin� concentrations. The depressant effects cause deterioration of judgment and self-control, uncoordinated voluntary muscle activity, and impaired vision and hearin�. All alcohol is intoxicating. Euphoria, that feeling of well-being, cannot be measured in quantitative terms, but causes drinkers to see a rosier world and inhibits a driver from cleazly viewing his or her surroundings. This is particulazly noticeable in artificial tests of skills resembling drivin�, or of driving performance, when it has been found that drivers, after having taken alcohol, have believed that they have driven particularly well, whereas trained outside observers may detect a deterioration in their perfoimance. Alcohol removes inhibitions with the result being a diminution in the sense of caution and normal restraint. se he or she were alcohol free. The action of the body's voluntary muscles requires an efficient transmission of sensory impulses from the brain to the muscle. Alcohol impaus these transmissions. This is shown as an increase in reaction time, thick speech, and stagaering gait, ultimate]y to total paralysis of volumary muscles, and finally, involuntary muscles are affected, and death by respiratory pazalysis can occur. Alcohol effects vision and hearing. With regard to vision, acuiry deteriorates. This has the effect of driving with sungiasses in twilight or darkness. Eye coordination and side vision may be effected. Alcohol effects binoculaz vision. Studies have shown that the time required to attain single vision was increased by a factor of 2 at .10% and a factor of 4 at .15%. Auditory discrimination (hearing) threshold is also altered. Impairment of judgment and/or self control is one of the most important and insidious effects of alcohol. The subject is almost completely unawaze that there is a problem. The subject may drive across town repeatedly while under the influence, never having a problem with driving. This person concludes that he or she can handle liquor. However, when confronted with a crisis or potential accident situation, he or she is unable to respond with the speed, precision and accuracy necessary to avoid the accident. FetalAlcohol Syndrome (FAS)/a Policy Issue; Prohibition is not a State Law Fetal Alcohol Syndrome (FAS) is a combination of physical, mental and behavioral problems found to occur among children of heavily drinlcing mothers and some mothers who drink moderately during pregiancy. Children with cleaz-cut manifestations of the syndrome show marked �owth deficiencies, a pattern of birth defects, and mental retazdation. Over 100 babies a year are bom with the full FAS in Minnesota, and many more show some Fetal Alcohol Effects (FAE) including physical and mental abnormalities. Some of the effecu are directly related to the stage of pre�nancy and the amount of alcohol consumed. Critical developmental stages and possible damage can occur in the first months of pregnancy. Most of the effects aze permanent. Vir[ually all infants dia�osed as having FAS/ FAE have been bom to chronic alcoholics who have been drinking throughout pregnancy. For more information, contact the Minnesota Institute of Public Health at 612-427-5310, Toll-free: 1-800-247-1303. No present laws prohibit serving alcohol to a pregiant woman or resh a pregnant woman from purchasing alcohol (provided she's at least 21 and not obviously intoxicated). Even thou� no "safe" leve] of alcohol consumption by a pregnant woman has been determined, employees should consult management before refusing alcohol service to any customer it is legal to serve. 952-470-9025 — fax 952-474-2919 — copyright 2002 MBC Presentations — PAGE 6 MBC Presentations - 21100 Excelsior Bivd. - Excelsior, MN 55331-8740 HOW TO HANDLE PROBLEM CUSTOMERS Some general signs to help spot obvious intoxication are: 1. Becoming drowsy or sleepy 2. Becoming argumentative, mean, obnoxious 3. Becoming entertaining, animated, boisterous 4. Losing muscular control, becoming clumsy 5. Complain about drink prices or check 12. Drinking too fast 13. Spilling a drink 14. Altered speech pattern/confused 15. Slurring words 6. Complain about drink strength/preparation 16. Annoying other customers 7. Overly friendly to customers and/or employeesl7. Difficulty in lighting cigarette 8. Losing eye contact, concentration, focus 18. Impairment of inemory 9. Make nasty comments about other people 19. Gaitlwalk changinglstaggering 10. Letting cigarette burn without smoking it 20. Emotional outburst, depression 11. Becoming detached/brooding/stuporous 21. Careless with money at the bar 22. Lighting two cigarettes Three reasons why a patron you have served one alcoholic drink may appear intoxicated: 1) drinking elsewhere 2) mixing chemicals (valium, marijuana) 3) inexperienced drinker Experience with drinking and drinking styles also influence behavior: Social: Drinks alcohol on special occasions; usually consumes one or two drinks, and razely has alcoho]-related problems. Problems can occur if drinking more than usual, or if alcohol is mixed with other chemicals. Frequent "Regular customer" may drink alcohol every day, perhaps three or four per day. Has alcohol-related problems when underestimates amount of alcohol consumed or overestimates ability to drink alcoho] and drive aad/or escape impairment. Fire-cracker: "Surprise" behavior results from the physiological effects of delaying the absocption of alcoho] when emotionally depressed or anxious. This drinker may consume many drinks without apparent effect, but when the alcohol is absorbed, he or she will likely have wide mood swings. Alcoholic: Alcoholism is a disease in which the drinker has lost the ability to limit or control the amount of alcohol consumed. This drinker poses a problem for licensees, his or her family and the unsuspecting public. Depending upon how the disease may have affected liver functions, a small amount of alcohol or substantial quantities of alcohol may be needed to induce obvious intoxication. Assistance, such as Alcoholics Anonymous programs aze available as well as drug ueatment from various health resources. VJhen it becomes apparent that the customer is neaz intoxication, it is your responsibiliry to refuse service and/or the sale of alcohol. At this point let your manager handle the matter. Managers should use tact and never use the word "drunk" when talking with a customer because it makes the customer defensive. Everyone needs to show concern for the customer's welfare. Other customers are also important. Good customer service includes making sure all customers aze comfortable. Don't hesitate to use your insurance company, attorney, licensing restrictions, or your written company policy as reasons which limit your abiliry to serve alcohol. Put responsibiliry where it belongs...on the law. 952-470-9025 — fax 952-474-2919 — copyright 2002 MBC Presentations — PAGE 7 MBC Presentations - 21100 Excelsior Bivd. - Excelsior, MN 55331-8740 ALCOHOL AWARENESS TEST Name of Student Date: Answer the following questions either "True" or "False° to demonstrate your understanding of the information presented in this alcohol awareness program. THE LAW 1. Serving or selling alcohol to an"obviously intoxicated" person or a minor can make you liable for damages if that person injures someone else in an auto accident. 2. Serving "too much too fast," or promoting intoxication cannot result in liabiIity as long as the drinker does not appear intoxicated at the time of service. .:.,:.�.,.._�.,.,_.,�__�......_ ...�....�. ��l�l n��J �_� n��I ��i s3�� u�.i7S:� 3. As a drug, alcohol is classified as a stimulant to the central nervous system. 4. The only way a person can "sober up" is to stop drinking alcohol and wait for the body to handle the alcohol already consumed. COMPUTING BLOOD ALCOHOL LEVELS 5. A person's level of intoxication depends on how much alcohol has been consumed in relation to body weight and other factors. 6. Our bodies detoxify alcohol at the rate of about one standazd drink per hour. INDICATORS OF INTOXICATION 7. A person at .Ol % BAL will be stumbling and obviously intoxicated. 8. Signals of intoxication can include carelessness with money, complaining about drinks and prices, poor motor skills, and wide mood swings. THE PROBLEM CUSTOMER 9. Once a decision has been made to deny a customer aIcohol, this decision cannot be reversed for the rest of the day (or night), even if the person is not driving. 10. A good technique in refusing to serve or sell alcohol to a customer is to start with the word, "You...," because it confronts the person directly. Total Correct 952-470-9025 - fax 952-474-2919 - copyright 2002 MBC Presentations - PAGE 8 � MBC Presentations - 21100 Excelsior Bivd. - Excelsior, MN 55331-8740 ANSWERS TO ALCOHOL AWARENESS TEST 1. TRUE. Illegal serving or selling CAN make you liable. An illegal sale can be considered" negligence per se," and if harm comes to an innocent third pariy, you and your employer may be found partially liable for any damages that result. 2. FALSE. Juries and judges may use common law to assign negligence when servers or sellers serve "too many" drinks in "too short a period of time." Promotions which encourage obvious intoxication such as drinking contests can lead to findings of liability. 3. FALSE. Sometimes behavior becomes less inhibited, but as a drug, alcohol actually depresses the nervous system. Severe toxicity can lead to a stupor, coma, and eventually death. 4. TRUE. Coffee, a cold shower, and other "remedies" do not effect one's Blood Alcohol Level, which is percentage of alcohol in the blood. 5. TRUE. Other factors might also be: male or female, food in the stomach (slows down rate of absorption), emotional factors, and most of all, TIME. 6. TRUE. The body detoxifies or eliminates alcohol at about the same rate for everybody. In calculating BAL and determining if another drink will exceed the .10 (or any other) level, the important point is that only the passage of time reduces BAL. The rate the body handles alcohol is equivalent to about a drink an hour, which can only be calculated once drinking has stopped. 7. FALSE. These behaviors are usually demonstrated with a much higher BAL. 8. TRUE. The program also mentions changes in mood, smoking problems, behavior changes, slurred speech, and many others. 9. TRUE. This is part of the "policies" of this establishment. It is designed to protect everyone involved with the decision-making process, and it also gives support to the server. The driving issue is inelevant to the prohibition against serving alcohol to an obviously intoxicated person. 10. FALSE. Starting with the word "You...," is poor because it puts the customer on the defensive and sets up a power struggle. This program recommends several altematives: "I'm sorry, but I can't...' ;"Our lawyers have informed us..."; "We can't...," etc. 952-470-9025 - fax 952-474-2919 - copyright 2002 MBC Presentations - PAGE 9 MBC Presentations - 21100 Excelsior Bivd. - Excelsior, MN 55331-8740 EA/BEST PRACTICES PROGRAM Alcohol Sales Training INDIVIDUAL EMPLOYEE VERIFICATION (IE� Employee Name: Company: Because my work duties include serving and selling alcoholic beverages to those who mav leoallv rlrink alo.nhnlir. hPVaraaac T havP }x+Pn ramiirPA hv mv Pm»lnvar tn participate in today's Alcohol Sales Training Program. As a condition of my continued employment: • I agree to make every effort to serve and sell alcohol legally, and I will not knowingly serve or sell alcohol to minors and obviously intoxicated persons. • I will check the identification of suspected minors to determine their legal age. • I will not serve or sell alcohol to a suspected minor who does not have valid identification. • I agree to report any suspected intoxicated person to my manager. • I will not serve or sell alcohol to any person whom I reasonably believe to be intoxicated. Employee Signature: Employee's Mailing Address: (City/State/Zip) Daytime Phone Number: _ Management Signature: Date: Date: 952-470-9025 - fax 952-474-2919 - copyright 2002 MBC Presentations - PAGE 10 p.. , s n.._ . ..� �a�. �. ._. l Minnesota Dep�rti�n�rrt of P�blic 5�fe� Drirrer's Licenses ancf tder�i�i�a#ion eards Effective January 31, 20QQ � . �� , �� ,�., - - .,,,� . �,� �t,.,. .,. r`�.,�'-. ru�3�� U�der 21 (dentifica#ion Card 2SsT BirtFtday under 2Q Bar Code 7&th Bi�tfiday under 3Gj Bar Gode � . J Nv{'n2JC:.�BF. '."� -. " +'ay" `� � �.�€"i .. �� :, �ram?€�a. .s.''�.3 � -°' & , `�+`°' ° � � �� Piease Nafe: Ttre haEoaranit'se ibons wi8 b�seen only ezuier oftravipl�t li9ht aT i� the card has besn �u�3iCeted. Under 21 5tand�rd Driuer's License 21 st Birfhday u�dst 2D $�r Code 18ih &Yrth�aX und�c �B 8ar'Gads' flver 2i Standard Driver's �.ic�nss Pravisionai Driver's �ic�nse �T3� �7ff.t1C{9� UTl(ZEF 2(.3 �dT E,Ode 98th Birthdap under 2D Bar Cade - -- ,:��, rses�'�*,KV�::^ - _,__. _ -N��o,--. .:.__. � t3ver 21 �toYzed Bic�c(e F'ermii Over 21 Itientificdiion Card fltier2`I Sfanda�i3°�riuef's Litense Tf.t':N_ �� . . n s ♦� R 0 rv �r 3�' `:�� •:�CZ7��.� �"� Cir=eose 8aek of Sfandard beiver°s Li�ense � maarsaoomr .. .w.'.,,«.. «�wmx,.�-�,� rus+aemrtr oaeaa � uox+e,sas�aae�u&YUNn� e�, �w�wam=.o�+�w�.�. : <mrv:c�a�sscl w �18��IN�� .. ��- �: � 'Ifl.er�f Gti{,��'� -.�-." (can+air�s keen"se nvmberg a A digi@a! imaye 6f the cardhs>ider is fitsed with heaT ir�to �e earc�'s p#as6c. � A coforBd-Y+oi�r zmund Yhe digita! ftna9e preverats rep1ace'mersf;artd reveais tampering aNampis: [3 Eacht:�rd'h�sfhes¢e,shape,andilexiUi�it� standard credit card. Q The dnver's Fia�se number and the date of birth appear�fiveiFanes eaeh on �he license. tk!! must nCdEeh�frn va{ic{ation. [] Tvra Gai;e<�desai�d a.rrsag�za4iealtysttroded stripe can#ain ideritt�ca€'wn d3ta. '�:s Gode�Y9fatm�n�.i�(udingr,es��G'ans-a�.ii ercd�rsemec�ks;;ks sP�t� na &aclt`ea�clhisider. 1V�in�e3ola l�v9ographi� desig�a T�t@ D� I[CBI}SC iSig?tai imags on righf 1' ;t �A �� trere. 4p}ieix apgi'Apti�e Pi[inted ticense nutnf�er ScmvtEiake ha3ograph€c design '€ype of Rcepse .fa�S05{ i((#��@ 2[) Sar Code (coixtafns tutl name,datesof birth 8 Gcanse numtrer) s e iStC� birt#� date f� �ppPscattlej �VlagnEtica3iy en¢oded �tripe {eprrtairts the data on the ftOnt ofthe cardj P�inted 1lcense ne�mber, birth date, & argan danar �ardholster specitic infomtaEion ❑ Two hotograph�c desigtts on the froni ofi the card inctvde tMe ward "Minnesota° ar�sl snowSlakes, Shis prev�ts ph�acopyi�g an� fraudulant reprakfuatian. U�dec 2J versior�stea2ure.the di9�� ? � �� rardF�iiler ott #ri� IefE �ronE'�xad #E�e earc#�o�fe�s 2.fst biiEf��d'a�e-{8nd'18th bi�Eh•da€e. itapR4"sCabta).un'demeatlti tfie ZD $er Code. "Over21" versions fiea#ure #he digi#ai image on the right. �=-3enior Gi#izen Pubiic Transit Reduced Fare -� = LihvTed WtaBilit}+ ,Q = Medicai fVer! � = FteqvtYes�B.Gard �P„ = Designated �aes Givsr �. 'r ,� _. OFFICE OF ADMINTSTRATIVE HEARINGS ' � _. ; ; FORTHE COUNCII, OF <<J°� ;�;� , - THE CITY OF SAINT PAUL `� 4 i�, 3 � '�= � � � In re the License Application of Lucky Star, CITY'S F'INAL ARGUMENT Inc., d/b/a Bangkok Supper Club FACTS On or about September 5, 2001 the Office of License, Inspections and Environxnental Protection(LIEP) received an appiication for a liquor license� by Lucky S. Corporation, d/b/a Bangkok City Supper Club for the premises located at 733 Pierce Butler RouTe in Saint Paul. Three separate partners, Man Her, Hour Van Lee and Chad Lee, comprised Lucky S. Corporation. While the license application was being completed LIEP received a Management Agreement between Phoenix Flight, Inc., d/b/a Club Metro and Lucky S. Corporation, which permitted Bangkok to manage Club Metro while applying for and receiving licenses in their own name. That Management Agreement was dated October 31, 2001. On November 9, 2001, Bangkok City Snpper Club had a gra.�d opening, duriyg which a 1 The applicarion only refers to a liquor license but the applicant is seeking a Liquor On- Sale, Sunday On-Sale, Liquar - Extension of Service Hours, Liquor - Outdoor Service Area (Patio), Restaurant (B), Entertainment (B) Dance Hall, and Cigazette/Tobacco licenses. Z The corporation is referred to as Lucky S. Corporation in the License Application, but is also referred to in other documents as Lucky Star, Inc. -1- number of problems arose and police already present at the Club had to call in back-ups. Several Saint Paul police officers who were present at the opening night testified that there were fights between patrons, not enough security officers to control the crowds, and that there were underage persons present inside drinking alcohol. The problems reached a sufficient level that the police shut down the establishment prior to closing time. Sgt. Misencik testified that in twenty-five years as a Saint Paul police officer he has never had to shut down an establishment before closing. Other officers testified that it had happened at most one other time in their careers. Even the applicants testified that the opening night was fraught with problems. This was not the end of the problems at 733 Pierce Butler. On December 22, 2001 police had to be dispatched to the Club on a report of shots fired. When the officer arrived, he spoke to a security officer who reported that there had been a fight in the basement which spilled out to the parking lot. On 7anuary 13, 2002, police again were sent to the Bangkok on a fight call, this one involving a large crowd of patrons preparing to fight in the parking lot. On arrival, Officer Mahowald found a number ofpeople who had been mace inside, and police had to assist security in clearing the parking lot. Officer Mahowald testified that he routinely patrols the area in which the Bangkok is located and that it is a source of problems. He was assigned to the same area when the previous owners operated Club Metro and they did not haue the same problems. Officer Drutschmann testified that on February 23, 2002 she responded to a complaint of loud noise and drag racing at Bangkok City Supper Club. Although the drag racing complaint was unfounded, she did find that there had been an assault at the club while bouncers were hying to break up a fight in the baz. She spoke to employees of the Club who said chairs were being -2- thrown, lots of people were fighting and they did what they could to get people out of the baz. Officer Drutschmann also testified that she has been assigned to this azea of patrol for a number of yeazs, and that there are an unusually lazge number of complaints about the Bangkok. She tesUfied that the prior operation, Club Metro, did not have the same number of calls, nor the same type, nor do other bazs in the area. Senior License Inspector Kristina Schweinler testified that the Office of LIEP had met with the applicants, police and neighbors on February 5, 2002 to discuss the number of police calls, complaints by neighbors about loud noise and problems with customers leaving the establishment, and possible conditions that could address the concerns. However, because police continued to be called for problems at the establishxnent after the meeting, and because the neighbors were still concerned that noise, littering and unruly patrons were a problem, the LIEP Office recommended denial of the license. Several neighbors also testified about the establishment. Each of the neighbors had lived in the area for a number of yeazs, and had experience with the establishment when it was Club Metro, and since the management by the applicants. In each instance, the neighbors testified that they had not found the existence of a bar to be a problem, while it was Club Metro. They also testified that they were initially very welcoming of the applicants, and attempted to work with them to address the problems they were experiencing. However, when it became clear that the new management was either unable or unwilling to control the patrons they were attracring, they felt that the license should be denied. They did propose additional conditions for the license at the time of the legislarive hearing, but at the time of this hearing, were no longer of the opinion that additional conditions would address the problems. -3- Debra Shambo, who lives closest to the Bangkok, testified that noise is a continual problem. On several occasions she has called the police, and the noise has stopped when the police arrived. She attempted on some occasions to call the Club, but was hung up on or otherwise ignored. She also testified that people coming from the Club or going to it were a problem as they parked blocking the street and ta1k, yell and drink in their cazs. Molly Quinn testified that the noise is a continual problem and that the noise can be heazd inside her house with the windows closed. She also stated that she is no longer willing to be out in the evening to play with her dog due to the behavior of the patrons coming to and leaving Bangkok. She stated she did not have the same type of concems with the patrons of Club Metro, and that there had not been the noise issues with them. Thomas Dunne spoke as an interested person and reiterated some of the concerns already voiced by other neighbors. He also stated that he believed that the establishment was too draining to the police resources, and that if it were to be licensed, that there would be fewer police available for some of the other problems in the neighborhood. ARGUMENT The Saint Paul Legislative Code permits adverse action, including denial of an application for the issuance of a license, subject to the hearing procedures contained in §310.05. The Office of LIEP is urging the denial of this license application pursuant to Saint Paul Legislative Code §310.06(b)(8), which pernuts adverse action when "[the licensed business or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable � number of inembers of the public." The testimony shows that the neighbors of the BangJcok are being negatively impacted by the operarion of this establishment, and that despite repeated attempts to work with management there are continued problems with litter, noise, parking and unnxly customers spilling out into the neighborhood, disturbing their comfort and right to a relatively quiet and peaceful neighborhood. Additionally, the tesrimony supports that the existence of a bar, in and of itself, is not the problem, as the former management was able to operate without disturbing the neighbors. "A city council has broad discretion in determining whether to issue a liquor license." Anton's, Inc. v. City ofMinneapoZis, 375 N.W.2d 504, 506 (Minn. App. 1985), citing Wajda v. City ofMinneapolis, 310 Minn. 339, 343, 246 N.W.2d 455, 457 (Minn. 1976). In the Anton's case, the Minnesota Court of Appeals upheld a denial by the Minneapolis City Council of an upgrade of its on-sale liquor license from Class C to Class B, which would allow Anton's to offer dancing by patrons and live music and singing. The case recognized the validity of the neighbors concerns, which included "customers in the parking lot in early morning hours disturbing residents, overtaking on residenrial streets, litter, noise, and the increased potential for late night disturbances due to the offering of entertainment in conjunction with a special privilege to remain open all night to serve food." While the neighbors in Anton's were concerned about possible future problems, the neighbors in this instance were testifying about very real, on-going problems of this exact Type, and their testimony supports a finding that the various licenses applicant is seeking should be denied. The Minnesota Court of Appeals has addressed the provision of the legislative code under which the Office of LIEP seeks denial of the applicants' license in BAL, Inc. v. City of St. Paul, -5- 469 N.W.2d 341 (Minn. App. 1991). In that case, the City Council found that two violations of the license in nine months together with evidence that the apartment complex across the street had high tumover due to the probiems caused by patrons of the Wabash Bar, and testimony by wimesses and police officers that bar patrons left the premises with drivks, congregated outside and were loud and unruly was sufficient to sustain a finding that the bar constituted a nuisance. The Bangkok City Supper club applicants have already had instances of underage drinking, the police have responded to nuxnerous complaints of fights inside the establishment which spill outside, the neighbors have tesrified that the customers congregate outside and are loud and unruly, blocking streets, racing motors and squealing tires. The music from the Bangkok is loud enough to be heard two streets over through closed windows. Neighbors aze finding their sleep disturbed, their yards filled with litter, there are more cazs pazking in the neighborhood than before. All of this, despite testimony by Miles Kenning that this location ought to be ideal for a bar because it is distanced from the neighbors, and surrounded by an industrial use, park and green space. The applicants acknowledged that the opening night had been fixll of probiems, but appeared to believe that things were now under control. However, they did not acknowledge that the behavior of the customers was their responsibility, despite the fact that they routinely advertise to and attract large crowds of young people. Officers testified that there were probably 500 or more people present at opening night and the patrol officers in the area testified that the lot is always crowded to capacity, with spiliover into the neighborhood. The applicants readily acl�owledged that they wish to attract the younger crowd and couid not afford to limit promotions such as "18-and- up nights" because it would cut into profits. Although the � applicants attended meeting with neighbors, police and LIEP in February and a�eed to conditions being placed on their license, problems continued with fights at the establishment, noise complaints, pazking in the neighborhood and litter. While they agreed to have all employees and management attend alcohol awareness trauung as part of the conditions suggested in early February, the training was not actually held until the weekend before the administrative law hearing, and was oniy scheduled in mid-May, when the hearing was originally scheduled to take place. At the hearing, neighbors testified that they were still having ongoing problems with noise coming from the Club. To Lee Yang stated that they had taken steps to insure that bands playing at the Club did not exceed certain noise limits. Yet he also testified that the internal concern was about noise at a level that blew out amplifiers and speakers, and aclaiowledged that the person who monitored noise levels was not present on a continuous basis. Noise at a level tYiat could be heard two blocks or more away through closed windows should not require any specialized knowledge to remedy the problem. The testimony of all witnesses regazding the problems caused by the Bangkok City Supper Club was very clear that these problems began with the change in management, and that Club Metro did not generate the neighborhood complaints or the number and type of police calls. The number and nature of the complaints, and the fact that the complaints began with the change in management supports the contention that the "way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerabie number of inembers of the public." Not only are the neighbors annoyed, and their comfort and repose disturbed by the noise, litter and patrons parking and partying in the neighborhood, but customers of the Club are endangered by the -7- numerous fights and failure to control the large crowds being drawn to the location. No testimony disputing the validity of the complaints was heard, and the evidence supports the recommendation that the license application be denied. The denial is within the broad discretion vested in the city council with respect to liquor licenses. Hyman son x City of St. Paul, 329 N.W.2d 324 (Minn. 1983). Where the denial is based upon the "specific objections raised by community residents whose lives would be directly affected" the city council may act to deny a license. Anton's v. City ofMinneapolis at 508, citang Country Liquors, Inc. v. City Council of the City of Minneapolis, 264 N.W.2d 821, 824 (Minn. 1978). CONCLUSION The testimony of the police officers and the neighbors fully supports the allegations set forth in the Notice of Violation and the Notice of Hearing, and established that the applicants are either unable or unwilling to control the large number of patrons who come to Bangkok City Supper Club. The litter, noise, fights inside which spili outside, congregation of customers in the parking lot and surrounding neighborhood are all significant concerns which directly affect the quality of life of the neighbors of this establishment. The neighbors have voiced their concerns to the applicants and attempted to work with them but the problems continue and there is no reason to believe that imposing conditions already agreed to would alleviate the problems. The police testified that this establishment is generating significantly more calls than other bars in the area, and that the problems are ongoing. Enforcing and monitoring conditions to reduce the problems would take an unacceptably high level of police and license staff time and resources. � Accordingly the recommendation by the Office of LIEP that these licenses be denied is fully supported by the evidence. Respectfully submitted, � �'��,u� Virginia� r Assistant City Attorney Attomey License # 128995 400 City Hall 15 W. Kellogg Boulevazd Saint Paul, MN 55102 (651) 266-8710 � .� � :� --. �� ' �, t �y �,.-� �- �,. v; � 4 � _.1 � � � � STATE OF MINNESOTA COUNTY OF RAMSEY �X� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 28, 2002, she served the attached CITY'S FINAL ARGUMENT on the following named attorney by placing a true and correct copy thereof in an envelope addressed as follows: Karin L. Fanfulik Attorney at Law 5821 Dupont Avenue South Minneapolis, MN. 55419 (which is the last kno the same, with postage Paul, Minnesota. n address of said attorney) and depositing prepaid, in the United States mails at St. Subscribed and sworn to before me this 28th day of June, 2002. �� Notary Public RBTA A�. 8053ARD Pi07ARY PUBLIC • MI�£qTA MY CAMMISSION EXPiR£S JAN. 31, 2005 c STATE OF MINNESOTA COUNTY OF RAMSEY ADMINISTRATIVE HEARING In the Matter o£ Application far Liquor On-Sale, Restaurant, Entertainment, Liquor Extension of Service, Patio, Cigarette/Tobacco and Dance Hall Licenses by Lucky Star, Inc. d/b/a Bangkok City Supper Club for the premises located at 733 Pierce Butler Route LicenseID #: 1980009120 TO Bruce H.Johnson Office of Administrative Hearings 100 Washington Square CIVIL DIVISION CITY OF SAINT PAUL CLOSING BRIEF Virginia D. Palmer Office of the City Attomey Civil Division Suite 1700 400 City Hall Minneapolis, Minnesota 55401 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 INTRODUCTION o :-. �: f`F , `% `, �v�; ,, ; r�, � =�`` � , .. �;= �� -"_ �- , � _ c %� � V � � � .V � An administrative heazing occurred on June S 2002 in response to the application for Liquor On-Sale, Sunday On-Sale, Restaurant, Entertainment, Liquor Extension of Service, Patio, Cigarette/Tobacco and Dance Hall Licenses by Lucky Star, Inc. d/b/a Bangkok City Supper Club for the premises located at 733 Pierce Butler Route. License ID#: 19980009120. � Testimony was heard from a handful of neighbors and by police officers recounting events that occurred seven months earlier. Current events, remedies implemented by the applicants and prospects for a positive, successful and responsible business venture should not be denied. FACTS On October 31 2001, Mai Her signed a Management Agreement with Club Metro, located at 733 Pierce Butler Route. Pursuant to the Agreement, Mai, and her partners, Chao Lee and Houa Lee, took physical control of the club only nine days later on November 9�', 2001. On November 9�', Chao, Mai and Houa conducted an "opening night." According to his police report and hearing testimony, that evening, while conducting a standard premises check of 733 Pierced Butler, Police Officer Eugene Polyak obseived a baz fight and an inadequate number of security personnel to handle the unexpectedly large crowd. Officer Polyak directed Chao, Mai and Houa to close the bar. According to Officers Polyak and Misencik, Chao, Mai and Houa agreed with this decision and assisted the officers in telling the patrons that the Club Bangkok was closed. The managers immediately turned up the lights, turned off the music, and invited everyone to leave. No one required medical attention. During the hearing, Chao expressed Mai's, Houa's and his regret reguding the November 9�' occurrence. In addition, he admitted that mistakes were made as a result of their inexperience and naivete, and they take full responsibility. Chao also stated that Mai, Houa and he are learning a great deal and are continuously making improvements and changes to the Club. They are willing to invest more resources to make the Club a terrifi�� community asset. Kris Schweinler from the Office of License, Inspections and Environmental Protection (LIEP) stated during the hearing that Chao, Mai and Houa had fulfilled all of LIEP's conditions see E�ibit "A") in order to obtain their license excluding one that deals with building a fence around the Club's dumpster. A price quote for construction of this £ence was obtained (see Exhibit "B"), and the applicants intend to comply fully with this suggestion. Chao, Mai and Houa aren't uncazing individuals without concern for their patrons or neighbors. Chao is a 47-year-old father of eight children and a resident of the azea for 25 years. He lives in the Pierce Butler neighborhood only three blocks from the Club. Mai is a 30-year-old mother of three boys and a resident of the area for 15 years. She lives within one mile from the Club. Houa is a 42-year-old father of three boys and a resident of the area for 22 years. He also lives only three blocks from the Club. Chao, Mai and Houa are individuals of Hmong heritage who invested their family's life savings to open the Club. During the hearing, Chao stated that he is a parent and does not want to create an unsafe environment for his patrons who are the same ages as his own children. I. Chao, Mai and Houa are taking every measure to ensure the safety of their patrons. Every club must be preoccupied with responsible business practices. As stated during the hearing and confirmed during the testimony of Kris with LIEP, several other clubs, including those which allow admittance to 18 to 20- yeaz-olds, receive more police calls than does Bangkok City. Chao, Mai and Houa are dedicated and wark diligently to guarantee the safety and good behavior of their patrons. This is demonstrated by not allowing access to "known problem patrons," maintaining an appropriate dress code, increasing the number of their security personnel, requiring their security personnel to complete training courses, hiring off-duty police officers to regularly patrol and walk through the Club's parking lot, purchasing surveillance equipment far the Club, pt�rchasing electronic detectors for weapons and ID swipers for the Club, and enforcing restricted "alcohol free" Club areas including entrances and exits for their under-age patrons. Eighteen, nineteen and twenty-year-olds are adults too. Chao, Mai and Houa are making every effort to provide a fun, safe, supervised and alcohol-free place for these patrons to socialize. This is a top priority of most community residents — music, dancing and alcohol-free socializing are great alternatives to mare risky activities for older teens. II. Chao, Mai and Houa fulfilled the licensing requirements given to them by LIEP. Chao, Mai, and Houa invested their family's life savings into the Club, and are dedicated to running a successful and safe business. In fact, Mai testified during the hearing that they have actually gone beyond the requirements placed on them by LIEP. Far example, Chao, Mai and Houa hired janitors to clean up a three-block radius around the Club. Helen Broderick, a witness far the City of St. Paul, testified during the heazing that she noticed an improvement in the cleanliness of the neighborhood. To alleviate the parking on neighborhood side streets, Chao, Mai and Houa received permission to have Club employees stand outside and direct patrons to park in the lots of the adjacent businesses that are vacant at nin�t. ITI. Present status needs to be divorced from historical biases. Witnesses testified that over the last five years, clubs located at 733 Pierce Butler Route received at least one police call per month and often as many as ten police calls. The ca11s ranged from aggravated assault, prostitution, fights, dangerous conditions, burglary, vandalism and others. During the hearing, Commander Strickland established that he was aware of the history with 733 Pierce Butler Route. Police calls to 733 Pierce Butler RouYe are not a new phenomenon that started on November 9"', 2001. However, since that admittedly unfortunate event, the record shows this management team reduced calls and no one testified that Club Bangkok has been the venue for any serious misdemeanor or felony-level crimes. IV. The evidence presented by the City during the hearing does not meet the standards set out by Saint Paul Legislative Code Section 310.06(b)(8) - the justification for denying a liquor license. This section permits adverse action against an applicant for a license if the "licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure or endanger the safety, health, marals, comfort or repose of any considerable number of inembers of the public." As testified at the hearing by the City's own witnesses, Chao, Mai and Houa took their admittedly unfortunate experiences eazly on and successfully made changes to improve the operations of the Club through training, eta None of their patrons have ever been injured or required medical attention. There are fewer police calls than occurred with their predecessors, and the calls are not as dire. Only four neighbors testified at the hearing regarding noise, trash and parking. However, Chao, Mai and Houa have gone beyond the licensing requirements given to them by LIEP in an effort to eliminate the unhappiness of these four neighbors. Chao, Mai and Houa are paying employees to remove trash within a three-block radius of the Club. As testified by their neighbors, they are being very aware and responding immediately to noise complaints. In addition, Chao, Mai and Houa have future plans to sound proof the dance club in order to prevent any noise problems. Miles Canning stated during the hearing that 733 Pierce Butler Route is an ideal location for a club. In front of the Club is a large softball field. On either side of the Club are businesses that are not open in the evenings. Lastly, located directly behind the Club are railroad tracks. The nearest neighbor lives one block away, and that family has never complained nor attended a neighborhood meeting. Two of the neighbors who testified for the City, who coincidentally were the only neighbors who attended a function at the Club, stated during the hearing that they noticed an improvement resulting from Chao, Mai and Houa paying employees to pick up trash in the neighborhood. V. Remedies at law exist which address the neighbor's complaints. Bangkok City's application far a liquor license should not be denied because of complaints over trash, noise or parking. The State of Minnesota grants Cities and Counties the municipal rights, powers and duties to enact oxdinances that deal with the issues of noise, litter, speeding, eta Consequently, Chao, Mai and Houa should not be denied a liquor license because legal remedies are available which address the complaints of the neighbors. VL Denial of Chads, Mai's and Houa's liquor license is arbitrary and � capricious. As defined in Elwood Investors Co. v. Behme, arbitrary and capricious is the, "[c]haractization of a decision or action taken by an administrative agency or inferior court meaning willful and unreasonable action without consideration or in disregard of facts or law or without determining principle. The evidence presented at the hearing does not support the standard set out in Saint Paul Legislative Code Section 310.06(b)(8) for denying a liquor license. Testimony was given by Commander Strickland and other officers who stated that Chao, Mai, and Houa have successfully decreased the number of police calls to the Club. Po1ice reports presented by the City also state no one has ever filed a complaint concerning physical injuries. At the hearing, Chao, Miles and Tou Lee Yang testified regarding the improvement in security measures, including personnel and equipment, at the Club since opening night. In addition, Chao expressed his constant concern over the safety and welfare of his patrons, and, as a result, is dedicated to taking the necessary measures to prevent any harm from occurring. Based upon the testimony and evidence presented at hearing, a denial of a liquor license to Chao, Mai and Houa would be arbitrary and capricious. CONCLUSION The City claims that Chao, Mai and Houa should be denied a liquor license based upon Saint Paul Legislative Code Section 310.06(b)(8). However, the City has not produced evidence that fulfills the elements of Section 310.06(b)(8). In fact, evidence and testim�ny were given which demonstrate that several other clubs experience far more serious concerns regarding their patrons and alcohoL The difference with Bangkok City is that Chao, Mai and Houa live in the neighborhood with tl�eir families and have their life savings invested in the Club. Chao, Mai and Houa are committed to the safety of � Mai Her Bangkok City Supper Club 733 Pierce Butler Route St Paul, MN 55104 ?(l n , � - . �� :; �•�:.2� n.. �"ti ;�: �� 't: : � r�'�� _ CONDTTION AFFIDAVIT 1. EXHIBIT_ 9 � e . . .- -. Ali patrons will be checked for weapons (wanded) prior to entry 2. Existing exterior video cameras must be on and working during all hours of operation. Digital images will be maintained for at least 14 days. Dates and times must be correct and available to police and inspectors. 3. 4. 5. 6. 7. 8. 9. 10. 11. Patrons will not be allowed to loiter in the pazking lot. Licensee will improve the lighting in the reaz of the establishment by October 31, 2002. A locked fence will be built to secure the dumpsters by June 1, 2002. Al] employees and management will attend alcohol awazeness h�aining. Wristbands will be used to identify pa�ons over the age of 21. No alcohol will be allowed in the area where patrons under the age of 21 aze allowed. All alcohol wili be secured and unavailable for display or sale by 1:00 am. Dress codes will be enforced at all times. No gang colors or appazel will be allowed. All advertising for college or under 21 night will contain a disclaimer indicating that those under the age of 21 will not be allowed to purchase or consume alcohol. Glasses, botties and beverages wili not be allowed to leave the liquor service area. Signature Date p54 P0i Crown Fence � Wire Co. 1200 Gnirai Atr�. NE. Minnoapolis, MN. 66413 voice a72 7ia-19t7 Fax B12-78l-2E4L FAX �TE: 5/31/0Y FROt�i: Joseph P. Polmszek TO: Karin FaMulik COMPANY: OB SITE Bangkok City 733 Paroe 8�rt1er Route 8aiM Paul, MN.S5104 FAX: 661�1655822 PAOES 1 UDINO TFq3 COVER PpGE: � 0 o s � . �- F � t�:, w �� !-- �.� �� ;, va � 00 '� 02�06 � OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In re the License Application of Lucky Star, CITY'S REPLY Inc., dl61a Bangkok Supper Club Has the City presented sufficient testimony to establish that the operation of the Bangkok City Supper Club during the period between October 31, 2001, when applicants took over management of Club Metro, and the present warrants denial of the license application? A liquor license is a privilege, not a right. Sabes v. City of Minneapolis, 265 Minn. 166, 120 N.W.2d 871 (1963); Paron v. Ciry of Shakopee, 226 Minn. 222, 32 N.W.2d 603 (1948). Applicant first argues that the applicants are taking every precaution to insure the safety of their patrons, and that other establishment receive more police calls than does Club Bangkok. In fact, the testimony of the police officers and the City license inspector was that Club Bangkok receives a higher level of calls than other establishments, and a far higher level of police presence than was necessary when it was Club Metro. The testimony regazding other establishments which offered 18-and up nights was that they have all been the subject of, or are about to be the subject of adverse action. Despite this, and despite the extensive testimony of neighbors that Bangkok City Supper Club patrons are crearing problems for the neighbars, Bangkok is unwilling to consider restricring such promotions. The assertion that Bangkok offers a"fun, safe, -1- supervised and alcohoi-free place for these patrons to socialize," even if true, does not mitigate the fact that these same patrons have made it unpossible for the neighbors to enjoy their community in the way they did previously. While only four neighbors testified at the hearing, the representative of the Coxnmunity Council also conveyed the feelings of the residents and the petition which was submitted carried the names of some fifty-three neighbors who felt that at a minimum, additional condirions beyond the ones initially proposed by LIEP wouid be necessary. While conditions are a possible solution to problems caused at licensed establishments, it is also important to realize that with condirions come the need for increased enforcement activity. When an establishment that has applied for a license comes into the process already needing fifteen conditions to address problems, there is little likelihood that condirions will be a realistic solution to the problems. The contention that laws already exist to address the neighbors complaints is only partially true - there aze laws prohibiting littering, but it is not illegal to park on city streets (though it is to drink in the cars). Nonetheless, to assert that police should simply enforce the violations around this estabiishxnent each weekend night ignores the fact that the problems seen, testified to and complained of by the city staff and the neighbors are very real ones caused by patrons of the Bangkok City Supper Club, who are financially benefitting from attracting the crowd that then causes problems. The enforcement necessary to monitor all of the conditions is unreasonable - the Saint Paul Police Department is not intended to fixnction as private security staff for liquor establishments in the City and the licensing staff cannot be expected to constantly monitor the compiiance to insure that neighbors do not have to suffer. -Z- The fact that the applicants have met the minunum criteria for a license does not automatically entitle them to the issuance of the license. Country Liquors, inc. v. City Council of the City ofMinneapolis, 264 N.W.2d 821 (Minn. 1978). "Where the minimum requirements aze satisfied, the council must consider the applicarion, but is by no means divested of its legislarive authority and responsibility to pass upon the merits of the application." Id at 824. The council is fully entitled to use the evidence of operation of Club Metro by the applicants in considering whether there would be future problems at their establishment which would dictate denial of the license. Whe"re, as here, the applicanYs witness has testified that the site is an ideal location for a baz yet the operation is still causine problems for the nei bors, the conclusion is inescapable that the management either cannot or will not exercise adequate control of patrons, and fiuther supports the recommendation for the denial of this license application. Contrary to the assertion of the applicant, neighbors did not testify that Bangkok is responding immediately to noise complaints. The testimony of Debra Shambo is that the person answering the phone actually hung up on her twice when she complained. The fact that police are required to respond frequently to the Club to deal with noise complaints refutes the applicants' contention that they aze making every effort and going beyond LIEP requirements. The testimony and evidence submitted by the City fully supports a determination that the neighbors, police and licensing staff have voiced serious complaints about ongoing conduct by the applicants in the management of the business which go to their fitness to be licensed. Where the council acts upon specific objections to a license 'Yaised by community residents whose lives would be directly affected by the propsed liquor outlet" they are not being azbitrary. Country Liquors at 824. -3- ,, Conclusion For all of the foregoing reasons, the recommendation of the Office of LIEP for denial of the applicants' licenses is reasonable and fuily supported by the record. Respectfuliy submitted, L / ,y� `� Virginia�. Palmer ��f ��-�-`�l Assistant City Attorney Attorney License # 128995 400 City Hall 15 W. Kellogg Boulevazd Saint Paul, MN 55102 (651)266-8710 � 0 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY - ' .-e : Z��VI! �. ' =... _ -� _±� �,. 1 � , _ ,,:_�,': ;: - c"'t'I' : L$ "� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 3, 2002, she served the attached CITY'S REPLY BRIEF on the following named attorney by placing a true and correct copy thereof in an envelope addressed as follows: Karin L. Fanfulik Attorney at Law 5821 Dupont Avenue South Minneapolis, MN. 55419 (which is the last known address of said attorney) and depositing the same, with postage prepaid, in t Uni d States mails at St. Paul, Minnesota. � �/� �x.�v�r� Subscribed and sworn to before me this 3� day of July, 2002. Notary Pul�ic PETER P. PANGBORN NOTARY FJBLIC • MINNESOTA MY CQMMISSION EXPiP,E5 JAN.37.2W5 '. j_ .� �. ' � � ^` STATE OF MINNESOTA -- -=- '_'� CIVIL DIVISION COUNTY OF RAMSEY �._, _ � � �,,. i � , =,.�i� CITY OF SAINT PAUL � � ADMINISTRATIVE HEARING In the Matter of: Application for Liquor On-Sale, Restaurant, Entertainment, Liquor Extension of Service, Patio, Cigarette/Tobacco and Dance Hall Licenses by Lucky Star, Inc. d/b/a Bangkok City Supper Club for the premises located at 733 Pierce Butler Route LicenseTD #: 1980009120 TO: Bruce H.Johnson Office of Administrative Hearings 100 Washington Square Suite 1700 Minneapolis, Minnesota 55401 REPLY BRIEF Virginia D. Palmer Office of the City Attorney Civil Division 400 City Hall 15 West Kellogg Blvd. Saint Pau1, Minnesota 55102 An administrative hearing occurred on June 5�', 2002 in response to the application for Liquar On-Sale, Sunday On-Sale, Restaurant, Entertainment, Liquor Extension of Service, Patio, CigarettefTobacco and Dance Hall Licenses by Lucky Star, Inc. d/b/a Bangkok City Supper Club far the premises located at 733 Pierce Butler Route. License ID#: 19980009120. Testimony was heard from a handful of neighbars and by police officers recounting events that occurred seven montkis earlier. Current events, remedies implemented by the applicants and prospects for a positive, successful and responsible busin?ss venture should not be denied. Closing Briefs were submitted on June 28` 2002 with Reply Briefs due by July 5` 2002. DISPUTED FACT5 AND DISCUSSION The City's Final Brief inconectly lists the names of the partners of Bangkok City. They are: 1. Chao Lee is a 47-year-old father of eight and a resident of the azea for 25 years who lives in the Pierce Butler neighborhood only three blocks from the Club; 2. Mai Her is a 30-year-old mother of three and a resident of the area for 15 years who lives within one mile o£ the Club; and 3. Houa Lee is a 42-year-old father of three and a resident of the area for 22 years who also lives only three blocks from the Club. The City's own witnesses, Officers Eugene Polyak and James Misencik, testified that Sangkok City's management agreed with the shut down of the Club, and Chao, Mai and Houa gave their full cooperation on Opening Night. Officers testified that they have not felt it necessary to shut down Bangkok City since the Opening Night, and they have had to shut down other establishments during their careers. The police officers and Kris Schweinler from LIEP testified that Bangkok City has not . been cited for underage drinking although it is not uncommon for liquor establishments to receive underage drinking citations. Several citations are issued yearly. Miles Canning testified that Bangkok City must do things right if they have not had underage- drinking citations. In its Final Brief, the City discusses incidences that occurred. Commander Tyrone Strickland testified during the Hearing that police officers are often called to investigate alieg�4ions that they discover are "unfounded." Other than Opening Night, none of the o�cers who testified saw any of the illegal activity occurring, no charges or citations were ever filed, no one was ever physically injured, and no one required medical attention. The City states in its brief that on January 13, 2002, Officer Soren Mahowald arrived at Bangkok City and was told that individuals were "preparing" to fight, and that he "found a number of people who had been maced inside." Officer Mahowald testified that a fight never occurted. In his police report, Officer Mahowald's states that he saw only one person who "appeared" to have been sprayed in the face. This fact was never confirmed, and no one requested medical attention. The City's Final Brief discusses an incident on February 23, 2002. No officers saw any activity, no witnesses were produced to confirm the facts of the incident, no charges or citatiGns were ever filed, and no one was injured or required medical attention. The City compares Club Bangkok to Club Metro. However, Commander Strickland, the City's own witness, testified that over the last five years the clubs located at 733 Pierce Butler Route received at least one police call per month and often as many as ten police calls. Commander Strickland confirmed that the calls ranged from aggravated assault, prostitution, fights, dangerous conditions, burglary, vandalism and others. Police calls to 733 Pierce Butler Route are not a new phenomenon that started on November 9�', 2001. Howe since then, the record shows this management team reduced calls and no one testified that Club Bangkok has been the venue for any serious misdemeanor or felony- level crimes. The Cvty's Final Brief states that several neighbors, who had lived in the azea far a number of years, testified regarding a concern for "unruly" patrons. This is false. The complaints of the three neighbors who testified spoke of noise, litter and parking and not "uiiruly" patrons. Since the neighbors did not focus on tkus concern, ttxe City cannot arbitrarily assign importance to it for the neighbors. Molly Quinn, who recently moved to the neighborhood and has never been inside Bangkok City, was the only neighbor who testified regarding feeling uncomfortable taking her dog on late night outings. However, Molly admitted that she had no reason for her belief since she had never heard of a patron of Bangkok City attacking anyone. It is unwise to take late night outings with a dog regardless of the neighborhood. The activity of Bangkok City makes the area safer for this venture because off-duty police officers are stationed in the Club's parking lot and law-abiding patrons come to and go from the Club throughout the evening. In addition, Molly stated that she heard music from Bangkok City. However, Mo11y also admitted that she heard music coming from Club Metro in the past. The City's brief states that police calls were made, and the music was turned down once the police appeared However, police reports and testimony at the Hearing tell a different story. Officer Suzanne Drutschmann was called to Bangkok City on an anonymous complaint of loud music. She discovered that the complaint was unfounded, and her report states that maybe the noise came from a passing vehicle. Debbie Shambo testified that Bangkok City is very polite to her when she calls complaining of loud music, and the Club immediately responds by turning down the music. To eliminate future noise, Chao, Mai and Houa plan to sound proof the dance club. Instead of complaining about "unruly" patrons, Helen Bxoderick testified during the hearing that she noticed an improvement in the cleanliness of the neighborhood. Bangkok City has gone beyond the licensing requirements given to them by LIEP and the neighbors. Chao, Mai and Houa hired janitors to clean up a three-block radius around the Club. Thomas Dunne spoke at the June 5�' Hearing. He attended Bangkok City's Opening l�ight, and, as his wife testified, they had a very nice time. Thomas stated that he was happy to hear that Bangkok City had decreased its police calls. In addition, Thomas was pleased that Bangkok City had met and exceeded the conditions placed on them by the LIEP.� The third topic mentioned by the neighbors, parking, was never one of the conditions placed on Bangkok City by the LIEP or by the neighbarhood committee. Regardless, to alleviate the parking on neighborhood side streets, Chao, Mai and Houa received permission to have Club employees stand outside and direct patrons to park in the lots of the adjacent businesses that are vacant at night. The City's Brief inentions "car blocking." However, neither the testimony given at the 7une 5"' Hearing, nor the police reports mention this issue. The City cannot arbitrarily assign issues to strengthen their arguxnent. The City's Brief states that Bangkok City never took responsibility for the unfortunate situation on Opening Night. This statement is faise. During the Hearing, Chao admitted that mistakes were made as a result of inexperience and naivete, and Mai, Houa and he take full responsibility. In addition, Chao expressed their regret regarding the November 9` occurrence. At the hearing, Chao also stated that Mai, Houa and he are learning a great deal and are continuously making improvements and changes to the Club such as not allowing access to "known problem patrons," maintaining an appropriate dress code, increasing the numbi;r of their security personnel, requiring their security personnel to complete training courses, hiring off-duty police officers to regulazly patrol and walk through the Club's parking lot, purchasing surveillance equipment for the Club, purchasing electronic detectors for weapons and ID swipers far the Club, and enforcing restricted "alcohol free" C1ub areas including entrances and exits far their under-age patrons. CASE LAW DISCUSSION The City cites case law that is not analogous to our facts. First, an Anton's Inc. v. Cit ��of Minneapolis, 357 N.W.2d 504 (Minn. App. 1985), the upgrade from a Class C to a Class B license was denied because the Minneapolis City Council was concerned that the neighborhood would be disturbed by the Licensee remaining open all night. In the present case, Bangkok City discontinues the sale of liquor by 1230 am., and all patrons must Ieave the premises, including the parking lot, by 2:00 a.m. There is no opportunity for patrons to disturb the neighbors who live two blocks away by loitering all night. In addition, Bangkok City is not applying for an upgrade in their liquor license. Unlike Anton's, Chao, Mai and Houa will not be able to continue conducting business-as-usual should their application be denied, and they will lose their family's life savings. Second, in BAL. Inc. v. City of St. Paul, 469 N.W.2d 341 (Minn. App. 1991), a liquor license was revoked due to a violation of its off-sale license twice in nine months. In addition, the court found that the apartment complex located directly across the street lost 17 tenants within a two-year time period. Bangkok City has not received any citations during its eight months of operation. In addition, in front of the Club is a large softball field. On both sides of the Club are businesses that are not open in the evenings. Located directly behind the Club are railroad tracks. The nearest neighbor to Bangkok City, who lives one block away, has never complained nor attended a neighbarhood meeting. During the Hearing, Miles Canning testified that Bangkok City is in an ideal location. Third, in Hvmanson v. Citv of St. Paul, 329 N.W.2d 324 (Minn. 1983), the court upheld the decision of the city council to revoke various liquor and entertainment licenses. The issue of the case was neither the Licensee's sale of liquor after hours nor the indecent exposure by male dancers. The topics before the court were whether the notice and hearing requirements were fulfilled, and whether the initial license revocation proceedings should have been conducted by a hearing examiner. In our case, the issues of notice and hearing requirements, and a hearing examiner, have not been discussed. Fourth, in Countrv Liquors, Inc. v. Citv Council of Citv of the Minneapolis, 264 N.W.2d 821 (Minn. 1978), the Supreme Court of Minnesota upheld the decision of the city council to deny the transfer of a liquor license to a new location because the premises was unsuitable for a liquor outlet. In the present case, Chao, Mai and Houa are not transfening a license and creating a new use far the property located at 733 Pierce Butler Route. The premises has been a club for several years. Wajda v. City of Minneapolis, 310 Minn. 339, 246 N.W.2d 455 (Minn. 1976), is not directiy cited by the City, but it is analogous to our case. In Waida, the Supreme Court of Minnesota reversed the city counciPs denial of a liquor license. The court found that the city council acted arbitrarily and capriciously because there was no evidence that the premises was unsuitabie as the location of a tavern if properly and lawfully operated and managed, and where the premises had been previously operated as a tavern for several years. In our case, the City has stated several times that the neighbors experienced no problems with Club Metro. The City's own witnesses, Officer Strickiand and others, stated that the decrease in police calls to Bangkok City can be due to the improvement in security measures, including personnel and equipment. In addition, Kris from LIEP, Officer Strickland, and other officers testified that Bangkok City has not had any charges or violations. Chao, Mai and Houa took their admittedly unfortunate experiences early on and successfully made changes to improve the operations o£the Club through training, etc. None of their patrons have ever been injured or required medical attention. In addition, the City's witnesses testified that Bangkok City has fewer police calls than other clubs, and Bangkok City's calls are not as grievous. The evidence presented at the hearing does not support the standard set out in Saint Paul Legislative Code Section 310.06(b)(8), which the City is using to justify denial of a liquor license. Consequently, a denial of a license to Bangkok City would be arbitrary and capricious. CONCLUSION In its Final Brief, the City provides inaccurate or false information, and bases its argument on case law with dissimilar facts. In addition, the City is unable to fulfill the elemeiYs of Saint Paul Legislative Code Section 310.06(b)(8). For the reasons stated herein, the application for Liquor On-Sale, Sunday On-Sa1e, Restaurant, Entertainsnent, Liquor Extension of Service, Patio, Cigarette/Tobacco and Dance Hall Licenses should be granted to Lucky Star, Inc. d/b/a Bangkok City Supper Club for the premises located at 733 Pierce Butler Route. License ID#: 19480009120. Dated this S day of July, 2002 ��"�' � _ Karin L. Fanfulik � Attorney No. 0254071 5821 Dupont Avenue South Minneapolis, MN 55419 (651) 983-6481 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the License Application of Lucky Star, Inc. dlbJa Bangkok Supper Club CITY'S PROPOSED EXHIBITS June 5, 2002 TO: Judge Bruce H. Johnson, Administrative Law Judge, Office of Adminastrative Hearings,100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits for the Administrative Hearing on 7une 5, 2002. Exhibit No. Exh. No. 1 E�. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Exh. No. 8 Exh. No. 9 Description License Application Notification, notice mailed January 14, 2002 (4 pp.); St. Paul Police Report CN O1-242-243, dated November 9, 2001 (8 pp.); St. Paul Police Report CN O1-271-519, dated December 22, 2001 (1 p.); St. Paul Police Report CN 02-008-015, dated 7anuary 13, 2002 (2 pp.); St. Paui Police Report CN 02-021-079, dated January 3Q 2002 (3 pp.); St. Paul Police Report CN 02-037-786, dated February 23, 2002 (1 p.); Letter from Christine Rozek to Mai Aer, dated February 27, 2002 (2 pp.); Petition In Support Of Placing Additional Conditions On The Various Licenses Applied For By Bangkok City Supper Club (29 pp.); St. Paul City Council Resolution, Council File # 02-264, adopted March 27, 2002 (7 pp•); Exh. No. 10 Norice of Hearing, dated Apri14, 2002, with Affidavit of Service (5 pp.); Exh. No. 11 Letter fozm Karin Fanfulik to Virginia Palmer with attached Request for Continuance (3 pp.); Each. No. 12 Letter from Administrative Law Judge Bruce H. Johnson, dated may 10, 2002 �� PP•)• Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 3I0.06 Respectfully submitted this 5`� day of June, 2002. � Virgi 'a D. Palmer Assistant City Attorney Office of The CiTy Attomey 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 r.. CITY OF SAINT PAUL Randy C. %Uy, Mayor �'ti ��a� �7 �ii� t�� May 6, 2Q02 ^ _.`J�IYLL/ -� . �:�':�°.:;�!S; RHT!',(E �'=uR!fi�GS OFFICE OF THE CITY ATTORNEY Manuel J. Cerv¢ntes, CiryAnorney CivilDivision J00 CityHall zs w�raenog Saint Pau[, Minnesota 55702 Telephone: 657 266-8770 Facsimile: 651298-5619 SENT VIA FAX AND U.S. MAIL Judge Bruce H.Johnson Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401-2138 RE: May 15, 2002 Administrative Hearing - Lucky Star, Inc. d/b/a Bangkok City Supper Club Our File: G02-0194 Deaz Judge Johnson: The purpose of this letter is to request subpoenas pursuant to Minnesota Rules, part 1400.7000 relating to the above-mentioned contested case hearing that is scheduled to be heard before you on Wednesday, May 15, 2002. This request is made on behalf of Ms. Virginia Palmer, the attorney assigned to this matter. The City of St. Paullicensing division will be calling these witnesses to testify regarding the incidents which serve as the basis for the action against the owner of Bangkok City Supper Club. In arder to ensure that these individuals will be in attendance to testify, the City of St. Paul requests from the State Office of Administrative Hearings subpoenas for the following individuals: 1. 3. Commander Tyrone Strickland St. Paul Police Department 100 East 11`� Street Saint Paul, Minnesota 55101 2. Commander Eugene Polyak St. Paul Police Department 100 East 11` Street Saint Paul, Minnesota 55101 Police Officer James Misencik 4. St. Paul Police Department 1�� East 11`" Street Saint Paul, Minnesota SSLOl AA-ADA-EEO Employer Police Officer Thomas Arnold St. Paul Police Department lU0 East 11` Street, Saint Paul, Minnesota 55101 /� Page 2 Judge Bruce H.Johnson May 6, 2002 r:• �� D y2 �� '7 �;�1 �� QO ';�'�'��;;i HEAr�?r�,s 1VE 5. Police Officer Soren Mahowald 6. Police Officer Suzanne Drutschmann St Paul Police Department 100 East 11`" Street Saint Paul, Minnesota 55101 St Paul Police Department 100 East 11`" Street Saint Paul, Minnesota 55101 The hearing is scheduled to start at 930 a.m. on Wednesday, May 15, 2002, in Room 41, St. Paul City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102. If you need additional informarion or have any questions regarding this request, please do not hesitate to call me at 266-8776. Thank you for your consideration in this matter. AA-ADA-EEO Employer Legal Assistant . 4 May 10, 2002 STATE OF MINNESOTA OFFICE OF ADMIN75TRATIVE $EAgINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Virginia D. Palmer Assistant City Attorney 400 City Hali 15 West Kellogg Blvd. St. Paul, MN 55102 Karin L. Fanfulik Attomey at Law 182 Mackubin Street #6 St. Paul, MN 55102 RE: In the Matter of the License Applications of Lucky Star, Inc., d!b!a Bangkok City Supper Club, etc; OAH Docket No. 4-6020-14825-3 Dear Counsel: This confirms yesterday's telephone conversation with Ms. Fanfulik and today's telephone conversation with Ms. Palmer and responds to Ms. Fanfulik's Request for a Continuance. 1 am continuing the hearing in this matter until 930 a.m. on Wednesday, June 5, 2002, in Room 41, Saint Paui City Hall, 15 West Kellogg Blvd., St. Paul, MN 55102. We recently issued six subpoenas at the City's request to secure the attendance of witnesses at the hearing. The City may use this letter as authority for a change of the appearance date on those subpoenas from May 13, 2002, to June 5, 2002. 1f the City considers it necessary to have new subpoenas issued for those witnesses, we wili issue replacement subpoenas at no cost to the City. Also, it appears that the City will have at least six witnesses. I am aiso assuming that counsel for the Applicant may wish to present severai witnesses, and that there may be other interested parties who may wish to be heard on the applications. So, it appears to me that the hearing may last for longer than a day. I am therefore reserving Thursday, June 6, 2002, on my calendar for continuation of the hearing, and I recommend that counsel and potentiai witnesses be similarly prepared. Providing Impartiai Hearing for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 • TTY No. (612) 347-7346 • Fax No. (612) 349-2665 r Please advise me prompfly of any further matters that may affect scheduling in this proceeding. Sincerefy, �J"�� BRUCE H. JOHN N Administrative La udge Telephone: 612/341-7666 STATE OF MINNESOTA COUNTY OF RAMSEI' In the Matter o£ Application for Liquor On-Sale, Restaurant, Entertainment, Liquor Extension of Service, Patio, Cigazette/Tobacco and Dance Hall Licenses by Lucky Star, Inc. d/b/a Bangkok City Supper Club for the premises located at 733 Pierce Butler Route LicenseID #: 1980009120 TO: Virginia D. Palmer Office of the City Attorney Civil Division 400 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 CIVIL DIVISION CITY OF SAINT PAUL :�.� si:i?� t ii P. t`�f,Qlr't';� I Y L ADMINISTRATIVE HEARING -, r- . - v � : y,•• � �,., � v �ir`.7a ��; �* _ J �;; �: p3 REQUEST FOR CONTINUANCE Bruce H.Johnson Office of Administrative Hearings 100 Washington Square Suite 1700 Minneapolis, Minnesota 55401 I, Karin L. Fanfulik, attorney for Lucky Star, Inc. d/b/a Bangkok City Supper Club, request a continuance of the heazing scheduled for May 15, 2002 at 9:00 dclock am. because: I was retained recently by Mai Her, and i fully understand that it is my duty to be prepared for the above-referenced hearing. Ll�,�ring fizriu�er r�sP�;=e" �f my clienYs ftle £ discovered that there is information and documentation which is missing and needs to be obtained priar to the occurrence of the above-referenced hearing. Dated this 9`" day of May, 2002 � --�; L ` �- Karin L. Fanfulik Attorney No. 0254071 182 Mackubin St., #6 St. Paul, MN 55102 (651)292-1655 +., ,, OFFICE OF THE CITY ATTORNEY Manue(J. Cervanies, CiryAUOrney CTTY OF SAI3VT PAUL R� � E i V t D c;v�rDrv,sroa Randy C. Kelly, Mayor 400 Ciry Hall Q2 �PR _ g py g: 38 I S Wut Kellogg B1vd. Saint Paul, Mirsrserota 55102 ' Au��;i;�I� �;;�,!!`; � (� �c�=`�� I �LHNf.iJ.i Apri14, 2002 NOTICE OF HEARING Mai Her Bangkok City Supper Club 733 Pierce Butler Route Szint P2�:�, A4innesota SS1�J4 Telephane: 651 266-8 7/ 0 Facsimile: 657 298-56l9 RE: Application for Liquor On-Sale, Sunday On-Sale, Restaurant, Entertainment, Liquor Extension of Service, Patio, Cigazette/Tobacco and Dance Hall Licenses by Lucky Star, Inc. d/b/a Bangkok City Supper Club for the premises located at 733 Pierce Butler Route License ID #: 19980009120 Deaz Ms. Her: Please take notice that a hearing will be held at the following time, date and place conceming the license application for the premises identified above: Date: Wednesday, May 15, 2002 Time: 9:30 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 7udge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Bruce H. Johnson Of�ce of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 b12-341-7607 - AA-ADA-EEO Employer 4� 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 acrion may include denial, revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against the license application for the above premises as follows: You have been operating the premises located at 733 Pierce Bntler Route pursuant to a management agreement as of Novemher of 2001. During that time, there have been wmplaints about the manner in which the establishment is operated, and concerns about noise, littering, and out-of-control patrons. On November 9, 2001 Sgt. Polyak, a Saint Paul police officer, was present at the establishment for the opening night and he observed a fight break out between patrons, with approximately 20 people fighting, and several people striking someone on the ground with beer bottles. There were not enough security officers to control the crowd, and additional police had to be called to the scene to break up the fight. Before Sgt. Polyak left the premises a second fight broke out and police had to again break up the crowd. While inside the establishment, Sgt. Polyak observed that the bouncers were not watching to see that underage people did not have access to the area where alcohol was served. He found several individuals who had not had their age checked, and found two underage persons drinking bottles of beer. On December 22, 2001, police were sent to the establishment on a call of shots fired. On arrival, the ofticer spoke to a security officer who stated that there was a fight in the basement of the bar, that was spilling out into the parking lot. A car was parked in the lot with four people in it, one of whom Fred two raund in the air with a semi-automatic handgun. Shell casings were recovered in the parking lot. On January 13, 2002 police were sent to the establishment on a call of 20-30 people preparing to fight in the parking lot. On arrival, a bouncer stated that they had at least 10 fights inside the club and two outside in the lot, and that the security officers had used Mace to disperse the crowd during the fight. Notice of Hearing - Page 2 ? 4 On January 30, 2002 police received a complaint from a neighbor about the noise from the establishment. She told Officer Hunter that she had called the police on January 27 about the music, and that she saw two officers enter the club, that the music was turned down, but that about thirty minutes later the music became loud again. On February 23, 2002 police were sent to the premises on a complaint of loud noise and drag racing in the area. On arrival, police spoke to an individual who alleged that he had been assaulted by a security guard, who punched him in the face. The officer talked to several of the bouncers, who stated that a fight broke out inside the bar, chairs were being thrown, many people were involved and they were trying to get people outside. Saint Paul Legislative Code § 310.06(b)(8) permits adverse action against an applicant for a license if the " licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public." You have the right to be represented by an attorney before and during the hearing or you can represent yoursel£ You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. 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 31Q.05 of the Saint Paul Legisiative Code as may be applicable. At the hearing, the Administrative Law Judge will have ali parties identifythemseives for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear 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 azguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation far 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 1400J000. Notice of Hearing - Page 3 If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Admuustrative Law 7udge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to chailenge the allegations will be forfeited and the allegations against you 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 relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can cali me at 266-8710. V ery truly yours, -��- � �� „«-. Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office ofAdministrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Kristen Kidder and Tait Danielson, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 JohnnyHoward, Exec. Director,Thomas Dale Block C1ubs,1034 Lafond Ave., St. Paul, MN 55104 Debra Shambo, Block Club Leader, 743 Englewood Ave., St. Paul, MN 55104 Helen Broderick, Block Club Leader, 795 Pierce Butler Route, St. Paul, MN 55104 Notice of Hearing - Page 4 PETITIONER'S(COMPLAINANT'S EXHIBtTS Case: t V1 (lP '"f1iSP (�V @_P.uSP j�� t C Case Number. �t -60 l46 2� - 3 Page No. — �__ E�ibit Number Description OfFered Received � �,iC�,n � ic o �b�t �cta-Fion G- - iv 2 �o?�ee � i(—�' - Dt i/ r� � p � �e �Z-zz-o 1/ �/ � I�p�e,2 {- 63 - D2 v v s Po�z d � - �o - a2 � '� � pbCiC,�- CP �- 23 ' � 2 V ✓ 2 - � L�� Vh�. � � � � , .� �o � � Z Pc�� G� � � v ka+�r� 7z—vz � . � ' # 62-2(� ✓ z� t a No � �le � eta,-�' �- 4-�� t � ' L�i. � � �cti.t��P2 �U V� `�,�„-�e' �/ I� AI-� c�r,�tD - o� 02 � t� 43 Nei be� c� �/ v �� i ' ` o c � t� i�'taMa�eNU,wi R�,�e �Re� Phae��x +1�� 6 � C�and I�uc [� t� Z� t[� l.ice�eA ` o� U ,� v �7 �iGP,+.r'� � `oi/' r/ i� �g � � , . � � 4 � �vl ILPJ�. Co �IONC� BSt�� i� L� LICENSE APPLICATION NOTIFICATION License Number: 20010004373 Purpose: Application for Liquor On Sale, Liquor On Sale-5unday, Restaurant, Entertainment, Liquor-Extension of Service House, Liquor-Outdoor Service Area (Patio), Cigazette/Tobacco & Dance Hall Licenses License At: 733 Pierce Butler Route Applicant: Lucky's Corporation dba Bangkok City Supper Club, Mai Her, owner, (651) 644- 0495 Response Date: March 1, 2602 at 4:30 PM (Friday) If you have any obj ections to the issuance of this (these) license(s), you must respond in wriring by Mazch 1, 2002 to: Gerry Strathman Legislative Hearing Officer 310 City Hali 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 If you have any questions, contact Corinne Asuncion, Project Facilitator at 266-9106 or Christine A. Rozek, Deputy Dixector, 266-9108. Notice Mailed: Ol/14/2002 ■ s Inc. d/b/a Bang iok CitV Supper Club � , " City s Exh. No. l —', OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roger Curtis, Director SA[NT PAUL � AAAA CITY OF St1INT PAIIL R¢ndy Kelfy, Mayos LOWRYPROFESSIONAL BUILDING Telephone: 651-266-9090 350 St. PeterSireei, Suite 300 F¢csimr7e: 65I-266-9114 Sairsi Paul, MinnuoYa 55L02-I510 Web: www.ci.stpauLmn-us/[iep Dear Resident and/or Neighborhood Organization: The Office of License, Inspections and Environmental Protection (L1EP) has received a business license application which require neighborhood notification. You aze being notified because this application involves a business in your area Details regarding this usiness is gtven on e revers�� . liquor related license or 30 days for most other licenses, from the date this notice was mailed , to express any objections. Licenses in the downtown azea generally do not require a waiting period. The response deadline is given on the reverse side of this document. If you have any objections to the issuance of the license described on the reverse side, please send yonr objection(s) in writing to: Gerry Shathman Legislative Hearing Officer 310 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 If objections aze received, a hearing will be scheduled before a legislative hearing officer. Lf you have sent in an objecrion, you will receive notice of the time, place and date of the scheduled hearing. At that hearing, the Legislative Hearing Officer will take testimony from all interested persons. At the end of this hearing the Legislafive Hearing Officer will make a recommendation to the City Council as to whether the license should be approved with conditions, or referred to an administrarive law judge for further review. The City Council will have the final autlzority to granY or deny this license. If you have any questions regarding the license application, please contact Corinne Asuncion, Project Facititator at (651) 266-9106 or me at (651) 266-9108. Sincerely, �Z� / �- , f Christine A. Rozek Deputy Duector 266-9108 OFFICE OF LICINSE, INSPECTIONS AND ENVIRONMEN'1'AL PRO'FECTION Xogvr Curtis, DireMOr CTTY OF SAINT PAUL Randy Kelly, Mayor J'dllll31'Y 14� 20�2 LOWRYPROFESSIONAL BUILDING Te7ephane.' 651-26(r9090 350 SG Peter Sbeei, S�te 300 ' Facsimile: 65I-266-9l24 Saint Paui, Minnesota 55 1 02-1 51 0 ' Web: www.cistpmdmn.us/[iep Mai Her, Owner Lucky's Corporation dba Bangkok City Supper Club 511 N. Snelling Ave. Saint Paul, MN 55104 RE: Applicarion for Lucky's Corpora6on DBA Bangkok City Supper Ciub, ID#20010004373, at 733 Pierce Butler Route/ Liquor On Sale , Liquor On Sale - Sunday, Restaurant, Entertainment Liquor-Ea�tension of Service Hours, Liquor-Outdoor Service Area (Patio), Cigarette/Tobacca & Dance Hall Licenses Deaz Applicant, A review of the investigations which has been made in connection with your license application have been completed. Proper notification has been sent to the community orgatuzation and residents of the neighborhood in which you intend to operate giving them until March 1, 2002 to voice any objections to your license application. If no objections are received, your license will be issued approxunately one week past the date given above. If objecUOns are received, a hearing will be scheduled before a legislative hearing officer. You will receive norice of the time, place and date of the scheduled hearing from Gerry Strathman, the Legislafive Hearing Officer. At that hearing, the hearing officer will take testimony from all interested persons and will make a recommendation to the City Council as to whether the license(s) should be approved or be referred to an administrative law judge for further review. The Ciry Councii will have the final authority Yo grant or deny this license application. If you have any questions, please contact Christine Rozek, (651) 266-9108. Very truly yours, V '�� Chrisfine A. Rozek Deputy Director �� R� CAR/jl � ' � �'� � Saint Paul Police Department � i�:•" ��.. '. .. . ` ORtGINAL OFFENSE / INCtDENT REPORT . .y .. Page 1 Complainf Numbei Reference C.N. Pnmary offense Date and Time of Report 01-242243 LIQUOR L V I O LAT ION 11/09/2001 23:23 Pr+mary Reporting Ofhcer. EUGENE P POLYAK Primary offense detad.� Pnmarysquad: 7y0 Secontlary reporting olficer. o�m�� WESTERN ( PSS-VICE ) Secondary offense: Arrest made? Date & Sme of arrest. POLICE PERSONNEL INVOLVED Arrest made on view: Pursuit engaged: Arrestmade on warrant or p2vious CN: Weapons used by po(ce: Weapor.s used by suspect at ffme of anest. Resistance encountered: CHARGES Name YANG, ALLEN TOUSY cha MINOR CONSUMPTION OF ALCpHOL Citationnumber g01-268596 Bati Warrant numbe� Wananttype Name VANG, 7ENG chalge M INO R CONSUMP O ALC CitaSOnnumber g01-293493 eail AirestStatus CITED eookingdate 11/09/2001 OriginaRng agency SPPp Booking # Booking time 23:34 charge cN 01242243 AnestStatus CITED AookingJf Aooking date 11/09/2001 eooking Bme 23:53 Onginating agency SPPD Warrantnumber ' . ChargeGN 01242243 � � Wamantlype j NAMES --�' � CITED � YANG, ALLEN TOUSY � -- -- - - i 271 SHERBURNE ST STPAl1L MN 55103 � PhysicaiDescription Phones .-C Sex MALE Heighf HairCo/o� �T Race ASIAN Weight Hispanic Build DoB 07/11/1982 Skin A9e 19 �`� �� ` ( s' C-�'—` L. �ocation ofincident.733 PIERCE BUTLER Name of/ocaSavbusiness: gANGKOK CIT`( SUPPER CLUB Date 8 Sme ot occurence: � 1/09/2001 22:45 Hair Type HairLength FacialHair �L��- — �. '�i-y�.�-�L � i /' � ■ Inc. d/b/a Ban� iok�Suppe�� — City s Exh. o. 2 � ; ;. �R•'J == _ � �p� ..p _. Complaint Number 01-242243 Saint Paul Police Department Page 2 ORIGINAL OFFENSE / INC{DENT REPORT Reference C.N. Primary offense Date and Time of Report LIQUOR LAWS, VIOLATION 11 /09/2001 23:23 Physical Condition Employment Consdausnes5 � OccupaSon D�ug/altoho/use HAD BEEN DRINKING Employer CffED � VANG, TENG 118 PARK�L4�' BERLIN WI 54723 Physical Descriptfon Phones Sex MALE Height HairColor Race ASIAN Weight Hispanic Bm7d D0611/14/1982 skin Age 18 Nar�Type Hairlength FadafHair Physica/ Condition Employment Consciousness Occupa6on Orucyalcaholuse HAD BEEN DR{NKING Empfoyer CRIME SCENE DESCRIPTORS Crime Scene Type Descnption Method B Point of Enfry Force used NOT FORCED Point of entry Method PROPERTY (NONE) VEHICLE INFORMATION (NONE) SOLVABILITY FACTORS Can susped be idenfified? Can be idenfified by Cnme scene processed? Photos taken? Evidence tumed in? Is stolen property traceable? Property tumed in? Anesi# Name pddress DOB qge Race SeX YANG, ALLEN TOUSY 271 SHERBURNE ST , STPAUL, MN 55�03 07/11!'1982 19 A M VANG, TENG 118 PARK LA , SE RLfN, WI 54723 11f14l1982 18 A M NARRATIVE Squad 790 was assigned to work the Z.A.P. detail out of the Westem District Office. Afrer briefing my assiscing squads for the detail I was requested by Commandex Strickland to try and stop at 733 Pierce Butler for a premise check. I was advised there was a new club ( Bangkok Ciry Supper Club) openin� :his evening and there was an exuemely lazge line of individuals waiting to enter the club when he drove by earlier in the evening. Ac appro�mately 22:30 hrs I checked out on a premise check at �33 Pierce Butler. As I entered the baz I observed securiry personnel checking idencifications of individuals entering the baz as well as pat seazching their outer clothing. Once inside the baz I noticed the bu was very crowded. As I walked towards the baz azea ,on the west side of [he building, I observed a lazge fight break out. a� �"`�s '_._ ��.� .npi3C,E..': Comp/aint Number 01-242243 Saint Paul Police Department Page 3 ORIGINAL OFFENSE / INCIDENT REPORT Reference C.N. Pnmary olfense Date and Time afReport LIQUOR LAWS, VIOLATION 11 /09/2001 2323 There were approximately 20 people fist fighting and 3 or 4 security personnel attempting to hreak up the fi�ht. Several of the suspects were striking a parry on ihe floor with beer bottles. The parry was repeatedly shuck in the head requiring medics to be called to the scene. The securiry personnel were vastly out numbered and unable to controi the crowd of fighting individuals. I advised dispatch of the nght and requested squads to assisc az the scene. I exited the bu until backup squads arrived. Whi1e ouuide the baz someone inside maced the crowd, a luge a oup of people 50 - 70 individuals came out of the baz choking and spitting on the ground ,as a result of the mace. When squads azrived we entered the bar. I spoke with Officer Tou Cha who was working off duty at the baz. Officer Cha was working in uniform with a inarked squad. I first observed Officer Cha outside the baz but Sa . Misencik advised me he had previously observed Officer Cha working inside the baz. I asked O�cer Cha who was in chazge of securiry and he directed me to an individual ID as Rhodes, Ray 9-10-70 651 398-1970. I asked Officer Cha who the owner of the baz was and he indicated he didn't know who the owner was. Once squads go[ the fight cleared out I went and spoke with Mr. Rhodes. I asked who sprayed the crowd with mace and after checking with the 10 security personnel working at the baz he advised me a patron must have enTered the bar with ihe mace because none of his security personnel used it. I asked what security company he worked for and he replied he didn't work for a company the owners just hired him and the other security personnel directly. I asked How the under 21 yeaz old crowd was managed and kept sepazate from the drinking age crowd. I was advised the 21 and older crowd were given green wrist bands at the door and they were allowed upstairs. The under 21 crowd was d'uected by security personnel through the front doors and escorted to a set of stairs that go to the basement baz. 21 year olds are allowed to go down stairs but no alcohol is allowed down in the basement. While at the scene I spoke with one of the assistant owners who ID himself as Housa, Lee Vang. I asked who the other owners were and he told me the main owner is FIer, Mai (Off Cha, Tou wife) and the second assistant owner is Cha I.ee. Mr. Housa, indicated tonight was there first night open for business. As we prepazed to leave the scene Security cmployee Rhades, approached us and indicated their was a large fight starting inside the baz. Myself and several officers entered the bar and the group was broken up. While inside the baz I noted no one was watching the steps going to the basement and a lazge number of individuals without wrist bands were entering the main baz where alcohol is served. I spoke with several individuals 21 years of age who didn't have a wrist band on. None of these individuals were drinking aicohol and indicated they entered the back door of the bar and there ID's were never checked. I observed two individuals sitting neaz the main baz druiking bottled beer who appeared to be under 21. I asked both individuals to show their wrist bands and they stated they had taken them aff eazlier in ffie evening. I asked for identification and discovered both were under 21. The two were given to assisting squads who issued both tags for minor consumption. Suspecu were tagged and ID as Vang, Teng and Yang, Allen Tousy. The baz appeazed to be out of control there were still individuals attempting to fight and their were individuals 21 yeazs of age drinking who weren't wearing the required wrist band. There were also individuals under 21 illegally drinking alcohol in the bar. I approached the owner Mr. Housa, Lee Vang and directed him to close the bar. Mr. Houa aclmowledged my order and directed his security personnel to cleaz the crowd. I also noted a second unifoimed officer working the parking lot of the baz. Officer Ly, Charles was in uniform with a marked squad. When I first observed him I noted he was directing tr�c. Officer Cha, Tou was in uniform working inside the baz. I asked if he understood he couldn't work inside the bar and was only able to work the pazking lot and he replied yes. It was very appazent based on how security personnel approached him that he had previously been working inside the bar. It should be noted the assault victim was GOA when medics arrived on scene. Send Copy of this report to Inspution /`� �_ /', �-�-`'� �� Saint Paul Police Department Pa9e � SUPPLEMENTAL OFFENSE / INCIDENT REPORT Gompiaint Number Relerence CN. Primary oflense 01-242243 LIQUOR LAWS, V{OLATlON Date and Trme ol Report 11 I09/2011 23:23 Pnmary Reporting otricer. �AMES M MfSENCIK Pnmary otfense detail.' Pnmary squad: � Q$ Secondary reporting officer.� Oistnct �/�/ESTERN ( WEST.DIST/S.OFC ) Secondary offense: Loca6on of incidenf: Name offoca(rorWUSiness: Date & time of occurence: Arrest made? Dafe & tlme of arresf: POLICE PERSONNEL INVOLVED Arrestmade on view: Artest made on Wanant or previous CN: Pursurt engaged: Resis2ance encounte�ed: Weapons used by police. Weapons used by suspect at 6me of anest: CHARGES (NONE) NAMES (NONE) CRIME SCENE DESCRIPTORS Crime Scene Type Descrip6on Method 8 Point ofEntry Force used NOT FORCED Pornt of entry Method PROPERTY (NONE) VEHICLE INFORMATION (NONE) � NARRATIVE At about 2200 hrs this date one of my officers advised me [hat the new Asian bar; Ban�kok City Supper Ciub 733 Pierce Butler; was open tonight. I was surprised the bar was already open because at the license hearing late last summer, which I attended, I did not Ihink they could have compiied wi[h all the requirements needed to open a bar this soon. My function at this hearing was to question and advise on their sewriry p]an. Accotding to the new owners, security would consis[ of civilians inside & at the doors, and off-duty St. Paul Police Officers outside & around the parking lot area. There was concern about undera�e individuais bein� allowed in the bar even if they were in a separate downstairs area. The owners assure everyone that this would be policed and monitiored so no underaoe individuals could gec to the bar area. '' When I went to check [he bar around 2230 hrs, I first observed a marked St. Paui School Liaison squad (831) parked ur.occupied directl}• across from the main front encrance. There was a long lice of pa[rons at the front door waicing to get in (both adults & younger individuals which appeared co be under the lega] a;e of 21 yrs). As I walked in through the front door, I observed three to four Asizn males checking IDs and frisking each individual. Once inside che front door ic appeared no one «as really moni[iorin� whe:e the underage patrons were going. They were direc,ed to go downstairs bu[ I didn'[ see any of their securiry watching it very closely. I asked one of the sewrity guards a[ the front door where the Sc. Paul Police Officer was and who ie was. He poinred m the back of the bar and said i� was Officer Toua Cha. As I]ooked towards the back of the bar I observed Officer Cha stzndin� against the back wall near the end of the bar. Because of the targe crowd and the distanc frmn fron[ to back, I decided noc to �aalk back there and speak [o Officer Cha. I was in the bar nzar �. . � i_ . �- ,� � v� — '- _ -' — �'; ` :� ,. Saint Paul Police Department Page z SUPPLEMENTAL OFFENSE / iNCtDENT RERORT ComplaintNumber Relerence C.N. Pnmary o8ense 01-242243 LIQUOR LAWS, VIOLATION Date and IIine ofRepoK 11109/2011 23:23 front door fOr about 10 minutes observing the crowd both inside and coming in. It appeazed a[ this time that the bu was to overcrowded and they tacked enough security help if probiems would erupt. As I was leaving the 6ar, I saw Sgt.Polyak pu11 inco the parking lot. I advised him what I had observed and asked if he wanted me to go back inside with him. He didn't think that would be necessary so I lefr. Within minutes of leaving, I heard Sgt. Polyak on the air requesting squads on a fight inside the 6ar. Within minutes I was hack at the bar along with several ocher squads. The fight broke up fairly fast but some unknown pany inside Mace the group fighting which caused a large number of people to exired the bar and spili out into the parking lot uea. At this time I ohserved a second St. Paul Officec working at the bar; that being Officer Charles Ly. He to had a St Paul marked squad which apparently was parked in the back. I did not see Officer Ly inside the bar when I was [here. White moniciorin� the crowd ourside a couple more fighcs starced up again inside. T observed at least one male that was hit over the head with a beer bottle bu[ refused medics. I also observed several males exiting the bar with bloody clothes. No one expressed an interest in making any type of repon. As the bar started to clear out myself, Sgt. Polyak, and several officers went inside in attempt to control and disperse the crowd. The bar s�curity did no[ take any type of action that I saw to help disfuse the problem. While inside Sgt. Polyak found several underage individuals drinking in the bar or standing azound. Over 21 individuals were to wear a wristband given to them a[ the front door. I saw several individuals in the bar area without wristbands on. At this point we decided that the bar needed to be closed down for the nigh[. The owners agreed and assis[ed us in teLllia� their patrons the bar was closed. They turned off the music and turned some of the lights on; however it took awhile to get [he people out and the bar cleared. Clearly the security people and owners did noc have concro] of the simation. They did not do a very good job of carding and po]icing ac the front door. The bar, in opinion, was overcrowded and potentially unsafe. tt appeared their securicy people were not trained nor prepared to deal with such a large group of people. cc: S/C Jensen S/C Harrington Cdr Neuberger Cdr Strickland Please distribute to: CHF Hom Rob _Sex ^ CO D/C _$urg _Rptr _Vice _Juv _Oper _Thefc ^ Prop _Narco ^ SIU _PSC _Lab _Rec _Team _CAU _F&F _Auto _DAO _T&A _Other � �-_ . � �� C��"�> C.c�a.a sA�`� f T " 73 5 ., � �� -� v� a. s�Z- ,� ,Z� ��,�.k�,,, � t Gl�c.l� / t'te�r � - o . �z Gw�C�� o� `�"//,? � U S�'C � �"--_ tCJz-� �' rl 2 -C� z� � Uev �o//�' .�d / / i /7S � � �zo� 29z-C�n�7 /�.� � �f8�- Gb�7_ 9�� S�-F '/`i-u�'l 6'I.� Gticr.a ��-tc-�' L� lc. �� ,�� l��s� �� , 6�..� i�� wc� � vu-� ,��t .�� ,� ,L'b� �� s�� -� ,�- �f l� �-�-- Q ��:�, �� ',�-�- � �.�. P�.� ��u ,a-�.2� f7'�. �/'' � � T f�� a, cv/ri-� ��, � �'�� / � a � /L� �� .. �,b�� ,�.��, G/ � ��..��u�� r�.� .� ,��. � �e� � � .,�z'�.� �-t- - �-� �� u,�.e� � �� /�� rs� � S , �zc= %ds, � Z GC-.�:c�^--fti,�, oL /'v2�.�,° `�c�k �Gc�� f�'a,c'C� G� ; C-c� � , �.�,� :./.�/�,�,�,-�P /',�� C�- ��- lv.�.G G � ___) /��_<� — ��' ��Jzti,�f� iLK. hCLe, GL.w �'t. F�l�r, .�e 1 �-ti(.�:��.�w `� � �� , C� �,�.1� �cP.�. C��%�- ��.1�� , ,� .e� f ��- � ��. d� � �- 1�� c �-� s��f ��-�- � Assisting Officer: Emp. No.: Reportin8 �� Emp. No.: °r�"• ��•�� r• cmp. rvo% ��Yes � �_ � TYPist: I R.O.:� I Code: I N��fry. f CHF [QHom �� Rob ❑ Juv ❑ Coord Q ID ❑ Lab ,[] Rec Q T � � � D/C [] Burg ❑ Thek Q Prop Q CAU � F&F Q Auto `p oAO ��[] co m Inc. d/b/a Ban� cok City Supper Club ,� CI� S EXtI. NO. 3 / '"' ' ~ � ST. PAUL POLICE DEPARTMENT Page �ot GENERAL REPORT / f � '• CONTINUE NARRATIYE HERE - - -- �— Q�ou.t ..4-�—�_Gcr_v�.u.� _ ui�� -- - m�,� -�- �./�_ .o��__ �Q - - - -- - _- -_—�--= __ � --�`-=--�� .- . __��,__c�._ l� ��- --�2�.°�pw'v`'� -- -- —�c. _- C�^-fQ=- -CZ�w�"ze.c__ ��—` _�--- �� -- " �--� - ��- � ��. _ _ - �r� �'�w�� - --- ---- ��_�L�- �u.e,�. ic.e�_�Ze.�u�-� c� a-u-=.� ��_- ----��-��- -�'?`'-- �z-tc�-_,�u.f�_----- -�------ ---- --- -- --- - - -- -- - -- -- - � - ,3 � � �vo� f� a-�-� �. f� � ,4�,� �- ---- - ------- ----�- �c. G�?.�a? ___ -- �-�. - �-t—� v-e.�-z�� - -�?�- - Cer�c'` -�``�- � - � —�"°- _ � �- ��-�_�� - - - -- ----- �-- - --- -- - � �'�i: —' ;�� Complaint Number OZ � Saint Paul Police Department Page 1 D ORIGINAL OFFENSE / INCIDENT REPORT Reference C.N. Primary aflense Date and Time of Report INFORMATION REPORT 01/13/2002 0.1:42 PrimaryfteporSngO/ficer. SOREN M MAHOWALD Primary offense detad: Primary squad: '119 Secondary reporting officer. Disbict: WESTERN ( WEST.DIST/N.OFC ) Secondary otFense: location ofincident.733 PIERCE BUTLER RT W Name ofloca6onrcusiness: CLUB METRO Date e 5me ot occurence: 01 /13/2002 01:07 Anest made? Date & time of amst POLICE PERSONNEL INVOLVED Mestmade on view: Anest made on wamant o� pievious CN: Weapons used by po/ice: Weapons used by suspect at 6me of arrest. PursuB engaged: Resistance encountered: CH ARGES (NONE) NAMES �NONE� CRIME SCENE Gime Scene Method 8 Poin ofEntry Type PUBLIC DOMAIN oescription OTHER PUBLIC DOMAIN Foroe used NOT FORCED Point of entry Method PROPERTY (NONE) VEHICLE INFORMATION (NON� SOLVABILITY FACTORS Can suspect 6e identified? Can 6e identified by Cnme scene pracessed? P6otos taken? Evidence tumed in? /s stolen property traceable? Property tumed in? NARRATIVE On O1-13-02 at 0107hrs, I Ofc Mahowald (Sqd 119)with other west squads were sent to 733 Pierce Butler Rt CLUB METRO, to a call of 20 to 30 people gathering in the pazking lot "preparing to fight". Upon arrival a bouncer told another arriving squad that there were shots fired in the lot prior to our azrival. We stopped a number of cazs attempting to leave, no gun was found, no evidence in the lot of any shocs fired, and no o[her complaints of shots fired. I spoke to a bouncer who told me that they had at leas[ 10 fights inside the club and 2 outside in the lot. Ae also told me he and other securiry officers there had to use Mace to disperse the crowd during the fight, I did see one person who appeazed to have been sprayed in the face with a chemical irritant. We ( beiag 7 mazked squads and 1 K-9 unit ) stood by for over a half hour to assist security with t clearing out ihe lot. . ��: Inc. d/b/a Bang iok City Supper Club �^ � C� � E o. eY` U i r t� 1� q m City s Exh. No. 4 j O � s r .. e ;�' r Saint Paul Police Department Page 2 ORIGINAL OFFENSE / INCIDENT REPORT Comp'aint Number Reference C.N. Pdmary otfense Date and Time of Report 02=008015 INFORMATION REPORT 01/13/2002 0.1:42 I no�ed Sgt.Pierce sqd 102 of the shou fired claim and that we found no evidence of that. No arrests were made. This report is for informazion. Please distribute to: _CHF _Hom �Sex _D/C �CO _Rptr _Rob _Juv _Oper _PSC _Lab _Burg _Thefr _Prop _CAU _F&F _Vice _Narco _SIU _T&A Other _Rec _Team _Auto _DAO kl S � '��....... �� Saint Paul Police Department ORIGINAL OFFENSE / INCIDENT REPORT Primary squad: � gg Complaint Number Reference C.K Primary oflense Date and Tme of�port 02-021079 DISTU RBAN C E 01 /30/2002 15:27 PrimaryReportingotficer. TANYA L HUNTER Pnmary offense detad: Secbndary repoKing otlrcer D;shict WESTERN ( WEST.DIST/N.OFC ) Secondary oHensa: POLICE PERSONNEL INVOLVED Anest made on view: Anest made on wanant or previous CN: Weapons used police: Weapons used by suspect at time of arrest. ooe 09/17/1951 skin Age 50 CHARGES (NONE) NAMES COMPLAINANT SHAMBO, DEBBIE 743 ENGLEWOOD RD STPAUL MN 55104 Physical DescripUon Ahones Sex FEMALE Height HairCo�or Home phone 651-489-5513 Race UNKNOWN weight Hispanic Bu�7d Loeation ofincident.733 PIERCEBUTLER RT Name oflocation/business: CLUB BANKOK Date & 6me o/occmence: � �/09/200f 07:00 TO Otl30/2002 16:00 A�resf made? Date 8 6me otanest. Pursuft engaged: Page Resistance encountered: Hair Type Hair Length Facrai Hair Physical Conditlon Empl oymen Consciousness Occupation Drug/alcohol use Employer � SUSPECT CLUB BANGKOK, � 733 PfERCEBUTLER RD STPAUL MN 55104 Physica/ Description Phones Sex UNKNOWN He(ght HairColor Home phone 651-488-0037 Race OTHER Weight Hispanic Budd � HairType Hai� Length DOB Skin FacialHair Age RQ..C. �i�yy\•a ��`C� ` •� � _ Inc. d/b/a Ban� �ok Citv Supper Club '_ City s Esh. No. 5 , .> > � cf:i*�F . �. CompainiNumber 02-021079 Saint Paul Police Department 01 /30/2002 15:27 ORIGINAL OFFENSE 1 INCIDENT REPORT Reference C.N. Primary oAense Date and Time of Report DISTURBANCE Physlwl Conditlon Emp/oyment Consciousness Occupation Orug�alcohol use Employer CRIME SCENE DESCRIPTORS Crime Scene rype OFFICE/COMMERCIAL Descripson BqR(NIGHTCLUB/TAVERN Mefhod B Point ofEntry Force used NOT FORCED Point of entry Method PROPERTY ( NONE) VEHICLE INF (NON SOLVABILITY �ACTORS Can suspect be identi(ed? Can be identified by Crime scene processed? Photos fakert? Property tumed in? PUBLIC NARRATIVE Business nuisance to the community. NARRATIVE On Ol/30/02 I, O�cer Aunter received a citizen complaint from DEBBIE SHAMBO (743 ENGLEWOOD, H/P 651-489-5513, 09/17/51) about Club Bangkok, 733 PierceButler Route. she stated since the opening of the Club under new ownership Ol l/09/Ol the noise level, violence and nuisance violations in her neighborhood have grown. Since the opening on i i/09/Ol there have been 29 calls for service generated to that address. They very from liquor law calls to fights, assaults and dismrbances. There have been seven Police reports filed prior to this one. SI-IAMBO stated on the late evening of Oi/2'7/02 she heazd a noise outside her residence. She looked outside and saw a vehicle sropped in the middle of the street. She saw three South East Asian males on the sidewaik. One was laying face down. She was concerned he was either hurt or exuemely intoxicated. She feared for his well being and put het head out the door. She asked what was going on. The two males picked up the third and carried him to the caz. They drove back to the club. SHAMBO expressed concem for shots ficed she heud from the azea of the Club on 12/22/Ol, see report CNN Oi-271-519/O1-271-520. She also expressed concern over the noise level of the clubs music. She stated on 01127/02 she called about the music keeping her awake. She wacched as two Police Officer entered ffie club. Shortly a8er, the music was lowered. About thir[y minutes later, tfie Police Iefr and the music became louder that she had ever heazd from the Club. She stated the loud music keeping her awake is a constant problem, not just occasional. Page 2 Evitlence tumed in? Is sto/en property haceable7 SHAMBO stated with the previous club the main neighborhood issue was pazking. Now neighbors aze sharing concern for safery. .�. : ;� ' Saint Paul Police Department ORIGINAL OFFENSE / INCIDENT REPORT Page 3 Complaint Number Refemnce C.N. Primary o//ense Date and Time of Report 02-021079 DISTU RBANCE 01 /30/2002 15:27 Please distribute to: CHF Hom _Rob �Sex _D/C� CO _Rpt 1 � _Juv _Oper _Thefr _Prop _Narco _SN PSC Lab CAU F&F _T&A �i Other _Rec _Team Auto _DAO `1 ° ST.PAULPOUCE DEPARTMENT Paee �� GENERAL REPORT . . __ _ - _ __. p _ _. _ __ _ _ __ ..__ _ _...._ _. „ - �� 17S u,as �=e-�7�; _ 7v3 g',`cace C}•,�-�,- Cc.Ul3.�}NCK6�C 6h �O�S a-1� �G t�� 0� r.�q a:� i K �� le7 C[ycd j/G��,i,i Q� j �� ° �� ° �• , S�i�l�o �C 7Y3 E�w-o6d Ygt-.ss�� ,��- k��.�, ►� u.�s a ��v� ,�e �°� 16c,�. _.. �16Lt �4.t`'Yt`rl��_ ��C�� SLP q�tn"t �t'�/�..__.l�ct�t �-LJr�lo � / I ,�) / j J S� V e� �'...0� Y u �� (o�. � o� .C� G�a�._G�aL�� C N Z� �� 5��, GtYi /�i' `v�Q /K�Lc�s�S Gi.S56�� /O�, � �- _. �-��es�s�•_ � '��. � %�/M j _y�!v�.,D°�<? _ ��3-7/ ��3_ � �ccl�s� �- �� 5� 5b � - ��-�a Yo w 9.sa - ��- • __ _ -- / / �/ / p � `�a"� - Scc-� � �.v� 4 � 'f�e� j� �r __ (O�--c � !� u��2s �,-�,t`� � l�ar'rtc.� t� �. tI 5�f 4 �or�c.,.,�. r •� Qu. Gc-�,.�, ,i ��° - 17•C. ..�`^"'-IX . �Ct _ ddOLtL�CliL GlIC2S �� C�- I _�� ` �v- s _ . . . � �� GU� $� V � !'A� .,F �6 i� u-G2�O • / /2t � � LL. :lZ�.(.L� . __ n b�k� m�- �KS«� � �'� ._ �� «� ��-��:�,.T� �? 0 _ �� s � ,.,/ ' /� � � w� �¢�, �� -- � �o� . ov-�'"� fu.e �J� - /-�" &�ozt�^-c�� W� 50 !Lt :�v�c� � �� v ; - t i�l�"-. r7� s, ic� tic r r Lv t�t 1-" �).•o-� . � �'�� ! a c�-� � I �� a `�� - � - �..e.�� u� lo�s� . �,Q-rf� ��:eQ /� u,o�..d�P t � __ � � D tvu-e�t_ -- �eo ;,C r "7'o.c,t A C 13-.4 .•, � L(?�GS j'L..� B ( "'�c ��a `Y � / t �'�P �, Assisting Officer: Emp. No.: Report Reviewed By: Emp. No.: �F ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab Rec ] D/C ❑ Burg � TheR � Prop ❑ CAU � F&F ❑ Auto ❑ DAO �.._ iea�u IRC. CO — No.: '� 9 w�- _v:. ,:. _ _ .. ,. � . , � s° -. � .:�,. N1$ii_t�1_��"a�"��:�t :, ,.. ��..._..._ Artest Number Last Name Frst � Middle Address � DOB Aga Sex Race .� - ` CITY OF SAINT PAUL Randy C. Kelly, Mayor Febniary 27, 2002 Mai Her Bangkok City Supper Club 733 Pierce Butler Route St. Paul, MN 55104 Deaz Ms. Her, OFFICE OF LICENSE, INSPECT[ONS AND ENVIl20NMINTAL PROTECTION Roga C. Cw�s, Director LOWRYPROFESSIONALBUILDIIJG Tv3ephone: 657-26b9090 350 St Petez Street, Suite 300 Facsimilc 651-266-9124 SainlPaul,MinnesotaSSIO2-ISIO Web: www.cGstpauLmn.us/[iep The attached affidavit contains the license condirions that have been drafted by the Office of License, Inspections & Environmental Protection as a result of-our meeting on February 5, 2002. At that meeting neighbors, SPPD and license inspectors expressed a number of concems regazding patron behavior at the Bangkok City Supper Club, including excess noise, service to underage, fights and use of weapons. The proposed conditions have been writen to address these issues and to alleviate the impact of your patrons on the surrounding neighborhood. Please read the condidon affidavit and seriousiy consider whether you are willing to do what is necessary to control patron behavior. If you can agree to these conditions, please sign a copy of the affidavit and rehun it to LIEP. If there aze conditions that you cannot comply with, we will need to meet again to discuss possible revisions. Note: The conditions become part of your liquor license. If you do nat compty with the conditions at any time after your license is granted, you will be subject to adverse action against all of yoar licenses. ff you have any questions, feei free to contact me at (651) 266-9108. Sincerely, Ctuistine A. Rozek Deputy Duector �L,� fl �� CAR/jl Attachment ■ : m Inc. d/b/a B�� ok Citv Supper Club '�I Ci s Exh. No. 7 OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roger C. CurtiS. Oire,YOr WeDSiteAddresz wv.w.ristpaW.mn.�s/liep SR::Ii'. ,:��, � ��A CITY OF SAINT PAUL Randy C. Kelly, Mayor LOWRYPROFESSIONALBUILDING TeleOM1anc[651)266-9p90 Su1e300 Farsmtie: (65t]2659099 �` �� (65 11 26 6-9124 Sauit PaW, hfmnesWa SSlO&1510 I agree to the following conditions being placed on the following license(s): License #: 2001D004373 Type of Business: Alarm Permit (New) Cigarette(fobacco aance Halls Entertainment (B) False Alarms Liquor On Sale - Over 200 seats (A) Liquor On Sale - Sunday Liquor-Extension of Service Hours Liquor-O�tdoor Service Area (Patio) Restaurant (B) - more than 12 seats Applied for by: LUCKY STAR INC Doing Business As: BANGKOK CfTY SUPPER CLUB at: 733 PIERCE BUTLER ROU' ST PAUL MN 55104 Conditions are as follows: 1, All patrons will be checked for weapons (wanded) prior to entry. 2. Existing exterior video cameras must be on and working during ali hours of operation. Digital images wifl be maintained for at least 14 days. Dates and times must be correct and available to police and inspectors. 3. Patrons wiii not be allowed to loiter in the parking area. 4. Licensee will improve the lighting in the rear of the estabiishment by October 31, 2002. 5. A locked fence wili be built to secure the dumpsters by June 1, 2002. 6. All employees and management wiil attend alcohol awareness training. 7. Wristbands will be used to identify patrons over the age of 21. No alcohol wiil be allowed in the area where patrons under the age of 21 are aliowed. 8. All alcohoi wiil be secured and unavailable for display or sale by 1:00 am. 9. Dress eodes will be enforced at all times. No gang, colors or apparel will be ailowed. 10. Ail adveRising for coilege or under 21 night will contain a disclaimer indicating that those under the age of 21 witi not be ailowed to purct�ase or consume atcohoi. 11. Giasses, bottles and beverages will not be allowed to leave the liquor service area. Licensee Date ' � . �5 Pe�.i.tiv� rn �ccppotit o� n�Gu�cir�g �ccGcl�.tivn,c�L concl.titio►v� ort �h,e vatii�ws �ln;c¢.rvse� a�pl�.p,tL �02 �.y �� c� s�np� c�. 7 33 Pie�cce F3u,tAQ,n Rnwte ■ - � � �� Inc. d/b/a Ban� cok Cit}� Supp�r Ciub o � CiTy s Exh. Na. 8 e ......................................... .............'-........-'--'....._....... ..��-�..��I�� .....- �---.....--� � ��-- ........._ .....-�-.- � . ........................... � . B�g2ound �in,b.o2rrcc�ti�on,. 2 Pe�i�n 3. SccppovEirig tlocu,merv�i�ion: - Pv�Gice �iepo� cuv� �wpp�Q.me,n�t� Repvtit # 01-242-243 Novem,�e�c 9, 20Q 1 - Po�Gtice 2epo2t Re,pvvt #0 l -271-519 Dece�ez 22, 2001 - Pn�G;ce 2epv�t Repnv�# 02-0080015 Jarcuwr,y 13 , 2 0 0 2 - Pv�n;ce 2epvtit RepvZt# 02-037-786 �e.l��cw�cy 2 3, 2 0 0 2 4. Recn►n,me,n,t�a.tic�►'+� o� d�i�fiirtic�t 7 Svci�,L Cnn,c� Cvm,�tee 5. Adcre�ing �,.o� Bccngfr,of� G;ty - rnd,ti.c�,ti onen,�.,n,g accve�,fi�eme,n,t. - Advp�e.me,r�t �vwrtcL �i.rt, �Goca�G ►�zuJapa,pe� 6. Ad�rua.G pe�isonu,� �Ge�t� �n,�rrt 2e�iclP.ru�. m BctC.f�g�vwrud A#a,ciced ih a petit�ion #ha,t ca�uciors the ar9rta,twte� o(, 52 conce�uzed peopCe, It iA tfie na�lu.f,t aG rrwxu! tt+PZtin9a and a tot o� conve�wa�tion� aui di/�cuasi.orvs. It +.s not oun, bin�t 2ecowuse; it aeP,ma #.Iw.t it bs owc Laat. Tfee puA.Se a� oun na.ighboahood Gegan #o ohaxc9e im Novem6Ph. Noia�il c�hanc�ed, #�ca�{,c ci�a+:9ed and oun 5e�u1e o� well-betin9 bta2ted #o chaaz�e. But it wah win,teic and oruc windowy wv�e c{oaed ¢nd #he hoLidaya we�ie aPthoachf,ns. On Decemben 22, many oG uh ka.an,d aem,iau*,orrwfi�;c weaParis bilcing in the Part.�xin9 (ot o� CGcb Metiw. It waa no �onge�c arc optr.orc #o +9rw1� 'cv-ali#iJ. Thn,e,e bloch cG�bs wvhe involved in bonnuc�o.tixul and diatrt,i,bu�tin� th.i�1 peti.tion. Two t�Eocii cG,.6 le,adenh, tlelen B�rorla�uck an,a aeLna shaxaao, a.tfiended avo m¢e,ci,nga at wfuch t4ie owna� a� the B¢ru�kok Cikj Su�Pen, C�uG we�ce Prtzsent (Ahs. He�c and M2. Lee). The b+n�1t rre¢v.#au� wa�1 heAd on �e6�uta�u� Ith at #hz LI�P m¢P.ti++� #he block c�ie4 lv.a�Len� voicod the.rn, coru.vlcna °�e. At thf.s 'ce9artdRn9 e�zcvrl6ive I,i#tvl�.irts. v�cvr�sive and irWu�i.ve twiae in the baua od rrwafa caniuJ+�J �� #4� bu.i,�d�,nc�. loud �9�+2, dna9 nacin9 �d 6adly. 9un �y,e• Otbah ana,aa ob concehn w¢ne 9�9 acfi�%�+�t+.l. w�denasm �'re9 and aa#heic cun,ioua adv¢n.#I.si�,g. We m¢t agaan with Aha. Hv�c and AM.. L¢e at the Di.s#luat 7 Socia.l Corecv�uros ConuniGtaz mv.et,ing on �edn�uvi,y 26th„ 2002. along with otkv�. block cG�b merrs6en�1. The aame coru,v�uvs wv�,e e�sed axl we tiecv,ived the aame anscoen.l. Tlte p2oWzm u1... nothing 6ev_rrsed to �i�a+uJe a�tv/� e�.tfeeh mzetin9. Zrc addition, rNa. B�codv�u,ak and ice�c hu�l6ared wv�ce at #,he �uppPh cGc6 on ope.n�ing night. We anz motu�a.ted 6y nodu,ncJ rrwnz tleam a concvlin Uo+�, #�he ba.�ety o6 owr, nei9h�oA.fwod and oul� Ptopen,ty. Gle want to 6e abfe to wSe owc yandl dun�,ri9 the wa�mea, montJvl w�tieorct �ea�. o� �t�,ay 6u�eta on, a drta� 2¢ceh out o6 conbeoG. Mucir, to oWC d�Smay. we had no choicz vixcept to get involved. lUe Rv.�Spect�ully 6u6mi.t #he �igna.turta� on #w1 petitiott. and fwpe #hat you wi[l hegand #hern u�itfa #ee �ame c.ahe aed cor�5id,vl�.at%on. a�1 #ieat dr.spl¢yed dy tiee yi9ne�vs. Me�Awr� Alock club membe� a�►rwaci�ed neiyie6w,s. Ta �fe� c�edic o{, oun ,eeiyfcbon�, ,,,o� p¢oPlz want¢d connobo+tattirc9 �tion 6e.bo4.e 4i9�9 d Petition. PeopCe aGso eixp2e�yed cone¢�rc and intena.6t in atte,ridin9 #he mv,eting but 6ecauhe i,t waa occun.ti,ng on a won,k day ax 3:30 p.m.., it waa di�icsu�t �, p¢op(z #� �n/cange � t�me o{� wortk. chiAd eMZ. e#c. Packe.t.s o� the ir+bovrzat.ion. encla5ed with thvl pe�titi,on wvhz diatn,u6utv.d #0 2e.sidenzs.. Rv�idv.+xGS we�tz told tha.t 6lock ctu6 mem6e�us would n,eGVUs in eevP�ta.l daya to yee f,� #�hey wa+zted to 5ign. tfce petiti�oro. In yome ca.ao�1 ne+9h6o+w ca.�(ed block cG� neemGv�, to eixplv�� irtt¢/ev� irc yigru,ng, 0 �U�STIUNS, CONC�RNS, COM/Vl�1VTS t7IR�'CT TU: Ue�u,� Sftum�v �Lvcl� C� Lecul,e�c 743 �ng�leuTOOd Ave�ue S�. Pcu.r�G, N1n 5� 104 65�-489-�,13 t7e6SfuunG.o @ G1e.G�TV.►�t He�Ger� 132vd�� 13�Lvc.f� Cl�. Leu,tle� 795 P�,�ce �w�e� RowtP, S�. PawL, MN 55104 651-489-4553 � Ta.i� c�a�n�iQ,fi�on L�� vz5�� Dv��.ic�t 7 P�Gaxwung Cocutiait 651-298-5068 C�iytrw�G pe�i�i.c�r� ctrt.ct oigrz�cvLe� �o: C'�e1wy Sfiicu�fr,rnu,n DvLer.tv�, Cou,�nai�L Inv�fiiga�nn a Rer��vcc� xc: Je�vLy B�,U�,ey LI �P o� czty A�v�,r�ey'� o� � l�� ' We the undersigned neighbors of 733 Pierce Butler Route, doing business as Bangkok City Supper Club, hereby submit tliat, since its Opening Night on November 9�', 2001, it has been an e�reme Public Nuisance and therefore we recommend that their License to serve Liquor include the following conditions: • All eleven of the conditions proposed by the City L.I.E.P. Office �See �c d-��c,lz,�() • No one under 21 allowed on the premises • 17ie perimeter plus fifty feet cleaned daily . At least two off duty St. Paul Police Officers posted outside the business on Friday and Saturday evenings. • All music contained inside the huilding . Closing time no later than 1:30 a.m. • ' Name rint Address Si nature �-, � �fl� �� V��,�� f �� ; - f -- 51� �,p.x,\ � �NUv , �`("o.c.e� `� � � 75� J G' �iJ G C r'Wao D �(� �.C� S� //QLE QAcJ L SSi a � � V U`11�� 3 � h 1�1bt� ��'' �`c� ��Q(�( ��h ��lb � �ISSy �,�}�2�9�-� 75 3 -� � �(�w�� 1� . st P�,.�k- w,� ssraY �� ,�� '(53 E� lek,�t �4-v� 5��,u.f , Nt�v ss� e �f 7� 3 �� Ic�.��«� � �a�1.� QU��. S�-• Pn.U-P�.M� Ss1ot/ y�°� �" c�--____.� � �� .�.�� 7�a �� " �� .. , �/ , , , ,/ /' �,, G i J� C f� '``�c�U� G�G�e ,/ !' i i i-'� , v , ;; � ��v .��fi`` L .'�� .5��(� � �'.!Cl" l�, �: t t�� c � ^ ) �: j Mai Her - Bangkok City Snpper Cinb 733 Pierce Butler Ronte St Panl, MN 55104 {��o�s�e by �� P o&& �c.e - CONDITION AFFIDAVTT 1, All patrons will be checked for weapons (wandecn prior to entry 2. Existing exterior video cameras must be da an��verking during atl hours of operation. Digital images will be maintained for at least 14 days. Dates and times must be coaect and available to police and inspectors. . . 3. Patrons will not be allowed to Ioiter in the pazking lot 4. Licensee will improve the li�ting in the rear of the establishment by October 31, 2002. 5. A locked fence will be built to secure the dumpsters by June 1, 2002. 6. All employees and management wi�l attend alcohal awareness training. , � 7. Wristbands wili be used to ideritify�v� e of 21. No�aicohol will•be allowed in the area where patrons under the age of 21 aze allowed. � • g. ?,ll aIcobol wiIl be secured and imavailable for dispiay or consumption by 1:00 am. l 9. Dress codes will be enforced at all times. No gang colors or appaze�will be ailowed. 10. A11 advertising for college or under 21 night will contain a disclaimer indicating tha2 those under the age of 21 will not be allowed to purchase or consume alcohol. 11. Glasses, botties and beverages will not be ailowed to leave tfie liquor service area. •C Signature Date We the undersigned neighbors of 733 Pierce Butler Route, doing business as Bangkok City . Supper Club, hereby submit that, since its Opening Night on November 9'�, 2001, it has been an extreme Public Nuisance and therefore we recommend that their License to serve Liquor include the following conditions: • All eleven of the conditions proposed by the City L.I.E.P. Office �See �cd-�4claedf� • No one under 21 allowed on the premises • The perimeter plus fifly feet cleaned claily • At least two off duty St. Paul Police Officers posted outside the business on Friday and Saturday evenings. . All music contained inside the building . Closing time no later than 1:30 a.m. Mai Her Bangkok City Supper CIub �33 Pierce BnUer Ronte St Paal, MN 55104 ��e� �y c,`� L.,�� .P, o�� CONDITION AFFIDAVIT i. AlI patrons will be checked fnr weapons (wandecn prior to entry 2. Existin� exterior video oameras must be dn an��verldng during all hours of operation. Digital images will be maintained for at least 14 days. Dates and times must be cotrect and availabie to police and inspectors, . , 3. Pa�ons will not he allowed to Ioiter in the parking lot 4. Licensee will improve the lighting in the rear of the establishment by October 31, 2002. 5. A locked fence will be built to secure the dumpsters by June 1, 2002. 6. All empioyees and management rvill aYtend alcohol awareness training. ' S 7, Wristbands will be used to identify�ver�age of 21. No"alcohol will be allowed in the area where patrons �mdez the age of 21 are allowed. • 8. All alcobol will be secured and unavailable for display or consumption by 1:00 am. l 9. Dress codes will be enforced at aIl times. No gaug colors or appaze�will be allowed. 10. All advertising for college or under 21 night will contain a disclaimer indicating that those under the age of 21 will not be atlowed to purchase or consume alcohoL 11. Glasses, bottles and beverages will not be allowed to leave the liquor service azea. Si�ature Date We the undersigned neighbors of 733 Pierce Butler Route, doing business as Bangkok City Supper Club, hereby submit that, since its Opening Night on November 9�', 2001, it has been an extreme Public Nuisance and therefore we recommend that their License to serve Liquor include the following conditions: • All eleven of the conditions proposed by the City L.I.E.P. Office �S�e ad��.�l�,�(> • No one under 21 allowed on the premises • The perimeter plus fifry feet cleaned daily • At least two off duty St Paul Police Officers posted outside the business on Friday and Saturday evenings. • All music contained inside the building . Closing time no later than 1:30 a.m. Address �,�-�.� � �� _ �� y � ��,-� �N� J�� \�� .,.�� .. _� ��uglas C, Sha�6�� ,� ��- �� ,��-,�-� a ( Y-tt�,'� ��` �- ��...•. � �, Z � 7�3 �ri y ��e wo�+ � �4r/� ��r� e . S�.�mbo � ��3 �ngl�c��o� �jco�� . �'t21nw � �� u.a��Gwa6� ✓ �A�ut � � �7/l �in��G�/`�lf(� l h�� 0 � ; � I� �� S� �tJ ��} Mai Her Bangkok City Supper Club 733 Pierce BnUer Ronte 5t Panl, MN 55104 {��a� by C� ��:� o��ce CONDITTON AFFIDAVTT l. All patrons will be checked for weapons (w�ded) prior to entry 2. Existing e�terior video aameras must be dn an�averking during ail hours of operation. Digital images will be maintained for at least 14 days. Dates and times must be coaect and available to police and inspectors. . . 3. Patrons will not be allowed tn loiter in the pazlang lot 4. Licensee will improve the lighting in the reaz of the establishment by October 31, 2002. 5. A locked fence will be built to secure the dumpsters by June 1, 20�2. 6. All employees and management will attend alcohol awareness training. ' S 7. 4Vristbands will be used to identify�ver��e of 21. No aicohol will be allowed in the area where pai=ons under the age of 21 are allowed. • 8. Ail alcohol wi11 be secured and unavailable for display or consumption by 1:00 am. � 9. Dress codes will be enforced at all times. No gang colors or appaze�will be allowed. 10. All advertising for col�ege or under 21 night will contain a disciaimer indicating that those under the age of 21 will not be allowed to purchase or consume alcohoi. 11. Glasses, bottles and beverages will not be allowed to leave the liquor service azea. Signature Date We the undersigned neighbors of 733 Pierce Butler Route, doing business as Bangkok City. Supper Club, hereby submit that, since its Opening Night on November 9�', 2001, it has been an extreme Public Nuisance and therefore we recommend that their License to serve Liquor include a condition to not allow anyone under the age of 21 on the premises. , e<r��l�n�'� ltl••^ thl'1y�jbb0 W IhIVE� IGATIONS - " P�6� 02 .� rrt+-`2r-;,.�c a�r�=a 5� F'11A YkJL!(.t UtYI 7 e�e e-� o�,x �.� ��-.� V Saint Paut Pol'sce DePart�nnent -. P� + L��t�#PlAI. t)FFLNSE ! I�VCIDEN`f' REPORT - CaRq�MMNa+sDi7 Rek�eci C.lJ � Ai'.�ry•eel�nse . - � � � Dnt iJtd T6r� dRapwt - Ot•242243 LiQUflR LAV4`S� VlOLATION-. --.: 19.1Q912�01 23:23 wsrnyawx,m�a�r EUGE�IEPPOLYAK . ix.sar�t; i+�nmaerr,vxw: : _ e 7ac - N.m.ycc.c�mu�.a: aCAicxbK Clrr.supPE�t c�ue Saaene�rynpo�oAWr, . ' ." . . . � DB►btFn�elx�rna:Sii�G/2q0'i Z2:d5 � ' _ - � V4E57"¢4tN (.PSS�UtGE ) - ' nrnrmaas�. � . S ��_ . , n�nsre�»au-+s , .l?OLICE PERSO�it�El iNVOlVE� : . . - . - . . . 'An�qensbr.6n � ' . � . � . � � pu�urS�aQ��c " � � - . . . . �� Attisf.7NQ�AfI�i{�fltifpflYfbtiBCif'f: � . ' ' ' jZ01��11CIMi0Y+hblOtl: - � . ' �. rw.o�su.anrao�.:- • . � ' w.eaa:araraarw.t.oeNmn.xmtiae � � � �� . . . - . _ - GHARGES ''. . . .. , . yomr YANG. "ALLEN TOUBY Amastiuis CITEO � s BoaW�9 �ti "11l➢8{2001 enatare � s3:3/ -_ Gwy� MLWOR CONBUMP7'!ON OF ALCQ!{Ot •. -' . ' : xhnnitt�unaa • � . . YMxnaup� . . EaP �w+w�er SPPO - cnnc. o�r ai za224s �. YAN�. .7ENG ' annSma�r �j7m 9evd r �+9 . 8ostlnp data '1 iJ09l26D1 9ucJm,d � 23:53 �ry� MINORCONBiSMP'TIONOFALGOHOL' - - . �� 801 �r463 33r cx��s ��D ,�Wr�,r,wmsv : enxy. crd ota4Z24s � - � CJ� . _ . � wpnnf Nq . , . . . IVl1GdE$' ': . ' . . - • -- — Rt�1 ---- S7i�AUL . MN 59103 � Ph�r�fodD�amS�an ' � � ' . . - p � � - � . . " � . , . 3a[ MALE H� /ar4 Cadr _ . - ,�.� . �,� y+�x__ �.vrce � p �� t � Y E g D t { Z � ZYZZO- ' �euxe ` eusa x.irtM,�lr u/�6Wqi�NwlO#��I . " �oao�n�nca� s�;- • .F.p«N.� ��.. �� w.,a • "� '`�'�-c,. �°� ` �-- �—c�~ � . �-t� L �:: � � � � _ ' - - � � M �� GT i . . . .. ..':�'. .. •�♦ ..� � ��`;:.:'�".'� _ % ST._PAUL POLICE DEPARTMENT . ,.PeBe �of^''�.<;/_:=�r�;'',-.».,�AK,v�;sv.a_.�:,�� GENERALREPORT . . _ . . ._ ._ _ - �'_. _. __'__— _ _ __. —,_ _ _..—__ ..____ _ __... ..___.. _. ._ . _.. _ __ ..__ . _ /3�C �� I.�.u.a_ A�� t � 73 � �� . "��o� _ �__._ s��- _ �- �- �- . � �o t G��c.6 �?�?�r�'o. . �ez . o� - -. a.� �� ct9-c. . ��"�h, /1/larlo�Z Ue�ne�r��c (��/�/�"o /7S .� �ZO_5��._29z Gc-!� •' �f��'- Gb:�7_ _ �d�-s,� �S''�,-ee �-�` �2.e. Gr�t�a _ �i�t.e�-� _ G� - G`- �� -- - d - - - ,�u. _ _,bu�-c�e� _ .Z��._ __b_ �- _ . _ r�.�c a--- - -- - a�?� -�•�-� �. � --�'-�!�. - �e - s�f� --�.L -�- - --. __ �f �I"� - . 1� ,�a,�- _. GZ _ i s�.�-t,. _ !�'cP,�_ _. ��. . _ � . �.�r�_ �� ,Q-�.2� �r'�, _ �.,.�' � �T �� w/� --- -- — GG%�.w�c� , O�. �4�a,�-�.� ._ �u<�-� oa . v-�.�.� h-��.�'' r�� ,��.. P ,b�_ ,��. �/ ��-- ��z�-�� ---- � � �. � �� -- �� - - - �.e �.� c� �u.�e�J ��/� r�sJ � S, �zc%ds, f�1 �, -, � ��- y�-� Y�� - r�� -�.� �� . � � � Q � � � U i "� . /�+t.i � �i �� !i(-- ��Cl�vLL�� yw. . ' . . " �$ � v 1 C (�.�(T�� '�-F<.ca- � /�` �` �+�-a �� tNae- �- w �w� 4�c�, C�a�� .f�P ��- � ,2a,a f �a�- .� � C�,ue. a- ��a�,� �u�- C�-� y ,-S, s�,�„-f. ,.: Yes CHF [�Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lab �{] Rec m 7eb D/C ❑ Burg ❑ Theft � Prop ❑ CAU � F8F Q Auto ❑ DAO id co � "� I � ❑ Sez ❑ Rptr (] HumServ Other . ; , � / �M�� 2� �. ..�.. ..,.. _. _. �.w> _. .... . �_ .... , M ..,.� ,. .; . •__ __.�;_ ..,. . _ _ .-... ,'. ....�. � ..:,> ._ : - ., `., . . ,... ...,., ' ..., _<. : _, . . .:.: ,. ..,. > _. qrrest Num6er Lest Neme �rst Middle Address �OB Age Sex Raca � �, ' CONTINUE NARRATIVE HERE Gt1� [.%�-zs - �_— � �_ ,L. . `�� /� ` � �i l � � /�', i . � / � . / i ,, /�. . . , , O . , � i . � `` � � , � ��_ " / �L/' � ' Mai Her Baagkok City Sapper Cluh 733 Pierce Bufler Bonte St Panl, MN 55144 �r�p�s�e� by C� ��:�? o��ce CONDTi`ION AFFTDAVTT 1. All patrons will be checked for weapons (wanded) prior to enhy 2. Eadsting ea�terior video cameras must be dn anYi�verldng during all hours of opera$on. Di�tal images will be maintained for at least 14 days. Dates and times must be cotrect and available to police and inspectors. . _ Patrons will not be allowed to loiter in the parldng lot 4. Licensee will improve the lighting in the reaz of the establishment by October 31, 2002. 5. A locked fence will be built to secure the dumpsters by June 1, 2002. 6. All employees and management will attend alcohol awazeness trainiag. �7aYlS ?. Wristbands will be used to identify✓over the age of 21. No alcohol wi11 he allowed in the azea where patrons under the age of 21 are allowed � 8. All alcohol will be secured and unavailable for display or consumption by 1:00 am. t 9. Dress codes will be enforced at all limes. No gang colors or appare�will be allowed. 10. All advertising for college or under 21 night will contain a disclaimer indicating that those under the age of 21 will not be allowed to purchase or consume alcofiol. 11. Giasses, botttes and beverages will not be allowed to 2eave tfie liquor sezvice area. ,[ Signattue Date ' �i�,� �� Gut,Jv✓. ULW2c,/cc72.�� '�S'� C'��'rI/�J�e�(oc/C We the undersigned neighbors of 733 Pierce Butler Route, doing business as Bangkok City Supper Club, hereby submit that, since its Opening Night on November 9`�, 2001, it has been an extreme Public Nuisance and therefore we recommend that their License to serve Liquor include the following conditions: • AlI eleven ofthe conditions proposed by the City L.I.E.P. Office �See a.d�4c�cec{> • No one under 21 allowed on the premises • The perimeter plus fifly feet cleaned daily • At least two off duty St. Paul Police Officers posted outside the business on Friday and Saturday evenings. • All music confained inside the building . Closing time no later than 130 a.m. Name rint Address Si ature �.� t�� ,u �� 67 � � �, � �6? ( I � ��/9f� . / l � / �- �r �s��,r�� ,oJt ��; nv� 7'�I `1 I��-c,�c�e �,vf�� C�'� � � � , ��,1 � fG�'�� 7 7 ` �,�e�� 3� i1-e2.. � ^ ,. �� r��j�� :�'t�� S'i �� } �— � � {�'[-e,'C� �{-�/� �d �� 11�►�I ��l,l I�c u `� � �(�i �`'': � ^ � �� ru�z �� ti�� i-(� y�� -r� , ��i�� .��.° >��'i%�� _ � s�� ,� N'��/�/N� � ; �i�� s Mai Her Bangkok City Supper CIub 733 Pierce Bufler Route S� Panl, MN 55104 Yro�s�ac'L �j� C�`� �� O&��ce CONDITION AFFIDAVTT 1. AlI patrans will be checked for weapans (wanded) prior to enfry 2. Existing exterior video aameras must be on an�xvarlang during all hours of operation. Digital images will be maintained for at least 14 days. Dates and times must be correct and availabie to police and inspectors. . � , 3. Patrons will not be allowed to loiier in the parking lot 4. Licensee will improve the lighting in the rear of the establishment by October 31, 2002. 5. A locked fence will be built to secure the dumpscers by 7une 1, 2002. 6. All employees and management will attend alcohol awareness trainiag. ' S 7. tiVristbands will be used to identify�ver�th age of 21. No"alcohol wili be aIlowed in the azea where patroas under the age of 21 are allowed. • 8. All alcohol will be secured and unavailable for dispiay or consumption by 1 e00 am. ? 9. Dress codes will be enforced at all times. No gang colozs or apparee �i�will be allowed. I0. AIl advertising for college or under 21 night will contain a disciaimer indicating that those under the age of 21 will not be allowed to purchase or consume alcohol. 11. Glasses, botttes and bevenges will not be allowed to leave the liquor service area. Signature Date We the undersigned neighbors of 733 Pierce Butler Route, doing business as Bangkok City Supper Club, hereby submit that, since its Opening Night on November 9`�, 2001, it has been an e�reme Public Nuisance and therefore we recommend that their License to serve Liquor include the followi.ng conditions: • All eleven of the conditions proposed by the City L.I.E.P. Office �See �r �4c�cedf� • No one under 21 allowed on the premises • The perimeter plus fifty feet cleaned daily • At least two off duty St. Paui Police Officers posted outside the business on Friday and Saturday evenings. • All music contained inside the building . Closing time no later than 1:34 a.m. Name rint Address Si atnre �d--�l �Tr�eo�er�- �8S �; erc��--��u '2�2. �� _ �.es��nv�-�r� - T'r.��e.+�! - - }�S�te.�c��.w�-t�e.� �.k. w�� ;� o r s lY� �TTff � ws � sr 7>°.�� ,t9��,2�- `�-� ��' \,y f-n �, Y 0.C, �¢J� �j �� 1, e rc e 1J K. t � 21 �� /�� 6 .�o �� rn �7r�� S � g � �� z� ��= ��t<<�.� .��- ,�� G, ou iE ��l��.r ��f l��c.�' �'-�+�`�� ?' � �'��, .. ,��'��'c �S L. F. ��3� w t7`l'�i4�i�- . Mai Her Bangkok City Snpper CIub 733 Pierce ButlerRoute St Panl, MN 55104 �r�o�sa� br Cl� 1�� o��ce � CONDTTION AFN'IDAVTI' l. All patrons will be checked for weapons (wanded) prior to enfry 2. Existing exterior video cameras must be dn an�AVerlang during all hours of operation. Digital images will be maintained for at least 14 days. Dates and times must be correct and available to police and inspectors. . , 3. Patrons will not be allowed to loiter in the parking lot 4. Licensee will improve the lighting ia the reaz of the establishment by October 31, 2002. 5. A, locked fence will be built to secure the dumpsters by June 1, 2002. 6. All employees and management �yi,ll awareness training. � ' � ,.....•��:., _ ,... } . r,,.a.�� .�� ,. 7 ;•,, .:- . � ' „a r,sr,»S • . - � . �ver the �e of 21. No �alcohol will be allowed in the - 7. Wristbands will be used to identify a , area where pairons under the age of 21 aze allowed. • ,, ,,,,,. , } :,�� ' � ;� y: ''� 8. "�All aicohoi wi11 be secured and �mav�ilablg"fdr d"is�pl�y ar" cons� b 1:00` t' f� r`�x�"+`�S .V-., . N�Pl�F4?�.Y•..Nv?�...s.. I .�, s :�., ;, ,. 9. Dress codes wi]I be enforced at all times. No gang colors or appaze�will be allowed. :.}-�•, { ` i'l � � t � ` �}� �;y' r�� ' � ._ t� {`.. { " =� 16" �''`�1�'ll ��deertisin for colle e oi under` 21 ni �iwill edn a disel � ` b g � , f?ln 2��'��icating 1�hat� ?�; �._ . those under the age of 21 will not be allowed to gurchase or consume alcohol. . 11. Glasses, bottles and beverages wi11 not he allowed to leave the liquor service azea. 5ignature Date We the undersigned neighbors of 733 Pierce Butler Route, doing business as Bangkok City Supper Club, hereby submit that, since its Opening Night on November 9`�, 2001, it has been an e�ctreme Public Nuisance and therefore we recommend that their License to serve Liquor include the following conditions: • All eleven of the conditions proposed by the City L.I.E.P. Office �See �cd-�4c�i,ec,�> . No one under 21 allowed on the premises • The perimeter plus fifry feet cleaned daily • At least two off duty St. Paul Police Officers posted outside the business on Priday and Saturday evenings. • All music contained inside the building . Closing time no later than 1:30 a.m. Name rint Address Si ature �/l�,gil�- �.� s 7�y �o G/�: ro sT .—�, � ��'yv� J� ��z �5 z ��o� ��,. 'M.�� Ca� ��7 Cw�Qd ��C� �� hina Cahnon �5� Eh�lc w�od G�,� . ��a�� ,��,��s ��3 ��v�,� , OGlLIj=tlY1� 1C'J� C ' � W 1NVtSfll:r:liUNS � °A.�Z 0J '.� h� 1(��4 5t 7'F�UL Yl3_1lG 1Jt I . 7 b1G L7C Jl�l . F'.K4:iVto _�. . Saint Pau! Pof�ce Departme�t P Z taR1GlN�L +O�P�NSE I.IN�iDENT R�RORT . Cea,tla9�fMa16w F�rtv.+w.GN. ' - P71m�YofenJe . -.- � OrM47C.i�7MntR�pm: � - 01-24?2�3 .. . �,;I{�t tAWS, YlqLATION ii108l2t?01 Z3:2� _ M�� r�w�.g - cec�e. Geu�Y�boFntuar tU.►.s EEF3J DRIt�ll9Ttl9 . F�perv .� vAn� i�trv_�� .. . . _ _ 91a P11RttW _ eERLIN ' Wt 5472..''. Hr�kaf D�spIDO�xt � � . . . vnonaN � . . Bax leZAL� ' x�px mvCeler Ra�» AStAN sva�ar ' ytiyryp. . . +n►p+�re. . . eu�er ' - � 1iH4/t9S2 . sr&+ � rue-tu�m FaddHa'v - � S.II . ' ' � AlxkW GonARton � � . . ' . L�pp�apr�. . - � . . � . . . C.�rsa�Mtt' . � . . , pairp�7wi . . . � - �'�.HN�BEENDRfNXWG . _ Fr�e+y.r . .. GRt�lE SCENE OESCRlPT�RS : � � . �+�. ' nr�oasno�raE +dr .- . � reie.ww NOTFORCED. --- D�td�tlnn . . . . � . . PeArerinoy � . - . _ . . _ , : .. k�NwO' - ' . . � PF�PERTY (NONE7 . . . . '�"°��•. - YEt91CLE INFOItMATION pVpWE? ' WABfLi7YFACT{]RS ' GtniYf0i�0�104�C+MC'P �. . CanbitQp?eTNCLY� - E1+idBlIGB YJJ7iQ/R? . C.�IfHIId111pY0CJt2ld4 _ . . . /ssmlMA�MrtYd7nlhb7 - . . PAard'Wmirt � • . �. �_ . . . � �ploN�b'Irtm�dG7? .. Ar�sstY Nar» � - - . OCA . Ay� Rac� Mx . YlJdO, ALLN TDUSY 22�, 9hfEAgUWJE SF , 9TPAUL, MN 55103 0111Ut082 10 A M ��Q T� � � 1l8 PARK BERLiw, WI Sq7�J '� 1 V14/t982 t8 4" t�a � . NARFtATNE Squad 79� wu uti�set! Ee woik tbe 2.A.P. Qecxit auc a£ the We�rm Oi�tria Qffiet. A.�er iaiefln; .- my aesiadat aquada fos t6c'dwii i ru.rc4uated by C0� 91xa�md ta ny aad.a!oP az 733 Pkcaa BtttLer tor a psnmi�e, cheek, I wu �dvlae4 tltere wss : new e�aD { Bangkalc Ciry 5�par Club) og�t�g thia cvcaiag aa�d �hae wu ut cxGetueSY �7c Sinaof in4ividwd6 w�tiag w a�tCr tLe civC , �bea Le d;ava hy �rFia in t6rapmiag. . . � . � , , • . ..' A= +DP�Y 22:30 hi6 i ChC•Ited ocx mt aprr�aiia cbsY ec 733 Piece 8ndu. Aa I mirred the - E� I obxr�ad ieciaitY l�emc�nel r*� Idmtlflct4loas of iadivldusit mtc'�g the bu as wdl as . ' pet neaxtl�ia� flfdr outa clething. Oacc iaai2e the 6or I acdsd thebs ww mY �cw�dd. Aa T wattnd sowsNa the bar t�u �oa Yae wat ti6a oi tLeDulidlnQ. T oheerred alarge Il�hc Drau oat. � � - 0��27/_d92 I5:35 65123236�0 W IN+JESTIrAT:ONS � • PA� 04 =P—e7—<�2 17:25 ST PALR. AOL:� �DEFF 9 6:< 252 T:1 �P.0+1i06 Satr�t Psul Pol3Ce Departtn�n# ��? ORIG�NAL OFFE�iSE / iMCIDEPiT.�EPO�tT _ car�pYMth�rmDe� R�hnrnyGN. � +'9a�rryaAYni� �. - .� Daa�andTY+ao/R�te.t - Q1-242243 LIQUQR LA1NS, V10lATION . 't'1l�9/200i 23:23 'Itze ciess �,prox'�eiy ^d, pecple 5st fi�ang md 3 cc 4 csuiity pe:soeer2 att�tiny to trrak ¢F �;e �,e. 9aveeal at fSa�e�s w�a. m�.,cs¢a s�y oa the flctrwtth hes ba¢le�. 'Ihe pxty iaas , - gaffss3c Iz tf� hUd Teqni7ta$ medics m ife pllad ic tYk utse. TT.e pctoanet ' . woc v�ssStY oat � Wd uaabla ia maCal SLr CAWQ flf EgIlttaQ iudi��3doai�idvifed disptt� - - of sae B$hi md c�quasced sqna4s. m amtst a: tSa ta�.: 1' ccmd du bu var� backnp aquadi �vr1. PIGSk ousside me bac sameaao ia3ide meca ihe ' � , cr�wd. a lazae �+oup of paonk SQ - 70 iauvaduala amt a�t ct �he bar chola�a qad spittiag cm ci�.e g o�: ,3s a ra�ult of cSc ma�. WLes squads arrived vx eatccd the b�. -_ I roke �vlrh Officer Tau CSa vrha was work3cg o8dnsy C tLo bat.. 6�.ca Caa x�a ivo.=,c� � . . w�i.°e�a w is& a mir�d a4ved. 141rsc offaexvsd Officer Ctra onreieo r�c bar but S�t. M:tet�ei7:_ adviscd - as ho had p:sviauly o6ravc101Acer Cha �e� �ide t�e har. Ymk�d Q�cv Cha a� +Aaa ia .- �� of aecurlt7 aad be di:xted mo io m.mdindwl ID u Rhodes Ray:Stt¢70 .� � '- '. 6S3 93.I470. I aeked OFflcx.CLa who ehe ewac olt3�e bac wu and Le x� he dida'[ 4aov� - wfw Yae qwaa wot, . . - . ' C�s a�wd+ sot cSe 8¢ht slear�d au l wes md spelc¢ w;th Ma Rhoda. I u7md �bo iprspi.d e6e :.. ' arn*d,vlth m,ce sad aGez �e with ttie 14 taataty gstsEtmd ymsk�s �S1�C bpe 2u edviasd . - fiar me Y pmoa �st bave eatsed tht +vit6 the mam bseaesa mne ic. L mked wbu aa-uxitY wa�mY hs xozlcad for �d he capUed Le hised hiai �ad otnes onaet ow�� t1it t6e eeauti[F pm diSLgtl+�. I xum nmr wrunc� ci 7ear aia .. aewa aa mma�� md 7rqn aepaax $em rbe ieiaking nge emwd. I was advisnd the 21 aad - oS� ceo+vd wxs eivea gem wr�sr bmmde at me do� anC ffiey were �2awaBnpitafis. T5e undrs 2I aawd wa aus��a hY �W P�� thcongL t4a &wt dcois ud � to s sm vf siaixs tt�it..' � so tht b�aa�at bec. 21 year alda �'xtlov+ed to ge doaa eui.� tiui m a1�vLot � AAuax' daym ia� ba[emmt.: . ' . Wh:l! u the !c_ne L speke �utt& eee of rhe aesittaet awaers who 1D bimetf u Hou�s. Lee Vaa�. I ��¢k!a who �e odlae aevners:oxre m�f 5n mId me iLe aiafa awapr is T3er. M�.(Qil �a, Taa nrst'ej and sLe seeand aaofssaat a�aaet i� Cba Le+. 2v4r. Hoat3 ia6ie�ted mn38HT wac �e Il� night opea tez ;'- Do�iae�. . . . _ Ae wapnpusa te lavt me te�u S��t ayx YLaEea,� . wus(u�efightt mti6etlzbex, MY�mdseveotoidarpa was bnoYm up &Sr31c� tLe hirl nou0 sa om ws wauhiay the mod s 1� mm� of iad3vidvata wiileord wrid bam�a xmn eu�m S; mr+ed � ae8h asvsni iedtridoata.l2 ya�s ot aga :a�AO dida� 7 theae 3adf� was d�'rml�' a�wLo} �md mdi�d� Ipty �sed the ehtre ID's vere never ed. I absa�ved two ' dv�lt sitba ne� �ct iv6a e��sca�ed te bt uedtr �i. I a�ed botc ia+uriduaEa ia �nv; ff us atd iadieittd t�ic. sd tna bu md tlis &sou � - weze under 21. 13e Nvo +^e�e i� W�eti7tiai 7QW�ds who iwt�! hoth tsaa fos r�mor — mas3rsptioa. Su:pecu vero ta�ad sa� Ii3 aa Yaag. Targ s� YmE: Atkn Tomq. . 7Lc �� appcated ta be otit oi ux�i t��te wae at�ll mdtvid6ala atwo�ticY ta �Ybt aod rhdr were tnat inr ZI yad of �is d:lafda� �+bo �vam`s weaSe� the mpuiced wart b�nd. 2bce weee st� indSv3duW uAdei ZI 3lleVIlY dxtakfag alcohoi in t6e h�. T a�z tbe owpes Mr. Aouaa. Ise VcnB trnd dlr�sad hirn to cloee the ber. Mr. Houa eclmaw _IrdBSd m�y�mdes �crt dizaC.ed_ hii rac�iry Deraonae! �o deal t!u aewd. I atso noced a ercaad w�ttorsnd aiHcor worldne dm pa Ioc o4 t3e bat. Otfuer Ly, C9�arl� wu in , +�;.�offi wieh a aarke�d aqwd. A�'�ea I Brat o6acrved bim�aoud Pe waa ditectia� tr�8c. OC.ica Cys, Tou wu ia uaifa:m la�ide i�c ba:, L aaScsd 1She undexstood he wnldn't wo:Y i�slde �o bar wd w� m�lY ahIa to �lc o DrY.�nx {oc md Se cqillcd yas. It wts vp�S' �rvu�ac ta�ed an haw saauit3' P°rs�d approached 1am thu he h�d yieriausly 6eeu w�rk's� u�.adt t5s har. It s}�cn(d 6s noted rbe ssea:it vtctim wat GOA w�ci vedis arz(ved on:cene. . Scnd Copy af thia xsp�vct 10 Ia�cCSon . : - . - , �� . �'+r.,�.�� s . 92i2i(2802 18:35 6512°23600 W liYUt.7�tl:f�ll�JfYS rr:�- o� •. .' FEB-�-20fd2 17Fi5 5T PFlLIL..POL7CE DpT � 9 6!2 'e9^c 3711 P.ES/66 . .x��< < a�� ..Q ..�arp�.� � ��, �. - � SUPPI:.ENiENTAL OFFENSE 1 INCIDE�IT REPOR'3" +�+A�N�� RrlN+�e�CN. . Pdm�rya7uae' . . " DoputOTimo0/AKOK ?i-�422d3 � E!(2UOR tAiNS, �iIOLATI�N 11(48/2�S't'! 23:23 � - ,..■ ��Y��F��Y �r JAME&�A N&8ENCIK iac.ann ermcanr � 'PfLpa�yaNrusdr� � � -- . - � . . . � � � - ' � - P�li7td spntl' 708 - .' � Nttr a/ee�'eaibvsnosx . - . � ��,�� y� � � - . Dah i �otaedx�aq: � � .- - � �. �oMSWE97EsTN(WeST.DI5TI5.OfC) Nnstm�da7 � S�oandM' o�fiam: . � . . �. � . � - Oo8 d D7�w a7anYfa: . . � - �OLiCEPERSONNELINVOI.VED. " � . . -- �tr.�r,rmda ai w,rr.� � _ : . PYa�t.rtp�p.a: • . � . . � � iYri�Fm�ds�enwarrv'txpr��tou�tN: � . -�. R«ianna��ersuro�n2 � .._ � , . WHP'aRiuAQbYDC7Cl .. . � . : . � . '. . � . . . Nhapt11JY1kAyiu�at�ttlmrofitemt ^ — . GHARGES ' tNONE) _- : _._;_ . � . ORIM� SCEME DE$Cii1PTOR8. . . —.. ' C�daM�t ' • MoR�RtlipotrRaflney. '- .. . _. _ Tr �; . �. �:.e Nor foRCea . . � y�� - . . . FOI1t0/MVY � � . . - _ _• . . - . . . _ � �� . . _ ' � ' . - VARRATNE .. - Ai o6vut 2204 hn this �ats oas vY my vfFicf» ad!i� toa Ssu �ne ae s�o� auer�a r�s�aer; �+� a�p�. ; t� �a.�n Eec��a �c the liceasa Cefsir8 uro lxe� summer, w�cSI:exoded. i d; wmpiied with all the rtq�riremeou ncdcd ro o s bu thit s0on. a m qnatdon and rdvtu ou thcir utuc' an. to she new i ar�N� �$ u st� a��. ma �m se. �,ot� .� or� aeea. TLece w� mcm�n abouc uodaa�e indiriduaie baa; fllow�d 5 aepeeaoe dowotiaf:s area: Tha ow� a�snct eveqone that tMs a'oul m,��,�,��a��. � Whea C wenc w sheck the hacaound 37301us.1 fu7t observed a mai � [831) WckM uraavpied diae�xiy eamaa icamthe maia �oec s o �i[t�no !c Ne Lo�.door��g m gA fn od� dc gonnger 3ar the le�at tie of 21 Ya).'Aa7 wdi¢d ine6mu;h du frunt doa melea eetcictn� IDS�nd fllskin{ esdt tndiv�dn�i. Rnw imide �lse frt eea11� maniclaiiag whecr cha uederApe pttroro vrcsa xoias- T1uY we � dSdn t�ee aay ef. Huir ueurity wa2Liog very daely. i ntal oa ftoat door wbero the St. F�ul Polla af�c r aas. ard wtn ic was. H aad astd !� x7s OS(cs Tous C2a. A� I laolrid Wwaids �he hack ¢f t . snadin; a;ainst ehe back aroll eae� tle�mC u(t11e mt. 8ecaure of tli ltpsn fsnat i0 Ca:X,1 CciCM rtOt ta niY D7ck mer u�ct speuc ta Rl _ _.:.� � �- V i t�i[,,, � � (�-� �� G . e City . � . �lY� . � � � . � � ��. Cotuis[ .. .. phrkinY lot bar avea i[ tney wus i� � gcu«a ma moaraona a St. i door ic appaared m oce xas diteeted ta;o Aownstaics trn[ I �he sec�airy guerds u tkt . . ointed to the 6eck nf rha bar bar t obserred dffiar CIu ItBt rtoWd tlx[ tbe dl�dt a CCbaa. I mas (n [h.e nrar 0 � ; � . � W - �� ♦ ��. �:. CamplBintlYum6er Q2-008015 � Saint Paul Police Department � ��a� -- � t�t�iGfNAL L�FFENSE f iNC1DEN�' �EPORT Rgf4rorsce C.N. AAmary eflsnss aata 3nd Tirne ot P.eport INFORf�lAT10N REPOR7 01(13/2002 0'1:42 Pr.faaryRaparCngOficer. SQREN M 4AAHOVVALD Ptirnery a,7arsa 7atad: Pdmary sQUa? Y 99 Secondaryraporcrrg otScar. t�sm-e INESFEf2N (1IdEST.Q15TiN.OFC) Secaadar�ofla�e: Locason atinddem•733 PIEr�.CE BtlTLER RT W Na.me aftaca9enibLSinesr. ClU6 METrtO nate a rma cta:swrena: 0 4 11 3/2402 Ot:07 Ane� mede7 nate a nme otenest: ROLICE PERBQNNEL tNVOLVED Mest made an Nrx: Arrest n• ada on warran! at preVrous CN: Wee,�ans rrsed bY Prlree: Weapans usad6y s+rspacf at 5ma cl arresY. Pursuit cngaged: Rasistaaca eacovntered: CHARGES (NONE? (�tAMES (NDNE) GR1ME SCENE D�SCRIPTORS Crimc S�ana MeMOd bpetn! MEnvy Trv� PUBL(C OOMAIN Descric�ar. O7HEi2 PUBLIC dOMAIN Fares used NO't' FORCED Fantolentry . Meihad PROPERTi' (NON� � VEHIGLE ENFUR141ATtON (NONE} SOLVABlLETY FACYORS Ga�suspeetbeidentded.� CenbairlenGiiedby C�i .ns rene processed.� Phctas takart7 EvMer.ee tume� inI 1s stcien prope ,ry fraceab�e? Pnperfy tumed 'n? AIARRATiVE Gn O1-13-02 at 01071us, F Ofc Mahowald (Sqd 119)wich other west squads were seac ro 733 Pierce Buclez Rc CLLfB hiETRO, to a ea1S of 20 to 30 p�oplo gathtring in the p�ng lot "preparin; to 5sh�', Upon arrival a bouncer told ano:her asriving sqvad tLaz rhere were shots fired in the !o[ prier co our arnvat. Fic siopped a numbar of cars aztemp[ing to leave, no gun wzs found, no evidznce in the loc of any ahou fired, aad no athar comnlaines o: sha�s fired. t speke tn z bounccr who told me thaz [hry had a: least 10 5g.hts insid_ the club and 2 octside in chs lot. !ie also cotd me he and ot5er s�crity o`Fccrs there i:ad .a use Mace :o dispeese che crowd durin; the fight, I did see one person who app-:zred co have been spm;:ed in �f:e face with a chemical ixri[ant. We ( beiag i mar�ec' sq�:z�ls an� 1 K-9 unit ) siood bp far over a hdf hour io asisc securiry wi� clesring wi the la. SI08COZG -� �L_� -�'�.d � v.��. .x-� �li��lP��li ��.1 � S �� -; ;,, � � Q 0 � C3 i '� . 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District 7Planning Council 689 North DaLe Street Sain1 Pau� Minnesota 55103-I644 65I/29&5068 (office) 65I/298-5072 (fax) district7@usfamily.net (e-marZ) February 27, 2002 Gerry Strathman LegisiaSive Hearing Officer 310 City Hall 15 West Kellogg Blvd. St Paul, MN 55102 Dear Gerry, Tbis letter is in response to the licenses applied for at 733 Pierce Butler Route. The neighborhood was flyered and eighteen residents attended a meeting of our 5ocial Concems Committee on February 27, 2002. The unanimous recommendation of the committee was to reject all licenses applied for by Lucky's Corporation dba Bangkok City Supper Club for the purpose of doing business at 733 Pierce BuUer Route. , The applicant has been managing the business under the previous licensee's set of licenses for several months now. During that time there have been several complaints/ arrests concerning underage drinlang, fights, gunfire, drag racing, and loud music. (St Paul Police Complaint Numbers: O1-242243, 02-008015, 02-021079, and 02-03778� The residents of this neighborhood want to compromise and help this business be successful. However, they cannot foresee a tolerable situation unless the applicant agrees to the following conditions. . All eleven of the conditions proposed by the City L.I.E.P. Office • No one under 21 allowed on the premises • The perimeter pius fifty feet cieaned daily • At least two off duty St. Paul Police Officers posted outside the business on Friday and Saturday evenings. . All music contained inside the building • Closing time no later than 1:30 a.m. Thank you for your consideration. Sincerely, Tait Danieison Lead Ozganizer Our 30`� year ofservice to the nei,�hbarhaods ofMt Airy, Capiiol Heights, Lawer Rice Stree� Frogtown and East Midway 1970 - 2001 -, � �. � :� J _ � _ - :._ : � � ; ; 733 P�RCE BUTLEit RT. ST. PAITL, MN 55104 (651) 488-0037 - . : . , . : . ��.;�� i: � �� FREE SODA, BEER, AND PIZZA (6:00 P.M TO 8:00 P.M O�tLY aa:z:�. �;: >= ' �°�,.. r � `�' "t. HELP WANTED: ❑ SOUNCfR ❑ SECURI7Y p BARTENDER FOR MORE INFOItMATION CALL: > CK40 LEE (65I) 298-6277 0R (GI Z) 822-4701 i MAI FIER (6i1) 230-141I ➢ HOUA LEE (651) 283-9200 LUOKiNG FOR: . ARTIST .DANCER .BAND . SINGER a �� d e � � •,�,� � lJne slnat �Ye,r �Dk� S+r�'�s s •S I.D REQUIREfl: STATE I.D, D.L, PASSPORT, MII.TARY LD ONLY •: MUST BE 18 + FOR ENTRANCE •:- MUST BE 21+ TO DRINK BEER ❖ DRESS CODE (FORMAL) _� - Council Member Jerry Blakey District 7 Community Organizations LIEP Staff Virginia Palmer, City Attomey's Office 16 March 2d01 To whom it may concern: This is a letYer in objection to the issuance of City of Saint Paul Licenses at 733 Pierce Bufler Route: Liquor On Sale, Liquor On Sale- Sunday, Restaurant, Entertainment, Liquor Extension of Service Hours, Liquor- Outdoor Service Area, CigazettefI'obacco, and Dance Hall for the Bangkok City Supper Club. We live in the neighborhood and, since the club has been taken over by new management, we have � }� $��se, Y�r3S� riminal a�riv;t� an�i a hiatant disresnect for the nroPerties an persons residing in the neighborhood. The noise from the club is ridiculous, how the neighbors across the street closer to the club sieep at night is beyond us. Our street is regulazly used as a parking lot and after-hours hangout. We have called the police, still the problem continues. Do we need a Lucy's problem in OUR neighborhood? NO. My concern is this: If this is not addressed now, in a rigorous and decisive manner, things wiil continue to escalate and it will be all the more difficult to get the situation under control. We aze invested in creating and maintaining a stable and safe communiry for the many young children, families and elderly persons that reside in our neighborhood. The issuance/renewal of these licenses would be a travesty to the civic development and safekeeping of our comamnity Sincerely, �� . C�' y�� v � � 'V�_ Laurel AznoTd & Scott Hreha 746 Englewood Avenue St. Paul, MN 55104 651.489.3412 ��i�l,�� Council File # O �.- �� Green Sheet # ll3674 Presented Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Committee Date � WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 20010004373) for Liquor On Sale, Liquor On Sale-Sunday, Liquor Extension of Service Hours, Liquor (Patio), Restaurant (B), Entertainment, Dance Hall, and Cigazette/Tobacco Licenses by Lucky Staz, Inc., dba Bangkok City Supper Club, 733 Pierce Butler Route, be referred to an Admiiristrative Law Judge; therefore be it RESOLVED that the Council of the City of Saint Paul hereby refers this license application to an Administrative Law Judge. Yeas Nays Absent Blakey ✓' Coleman �/' Harris �- Benanav �/^ Reiter �' Bostrom i/" Lantry �� 3 AdoptedbyCouncil: Date ��p �� Adoption By: Approved � dZequested by Depaztrnent o£ � Form Approved by City Attorney � Approved by Mayor for Submission to Council City Council Offices 266-8560 BY (DA7t� TOTAL # OF SIGNATURE PAGES o a -a`'� �h zo, Zoo2 GREEN SHEET No 1 13674 OPMIYEMf pIRECTOR CIYCqMOI ❑ OIYATfORNEY ❑ G1YClFAK ❑ FYIGNCNLSERVICEIIOYL ❑ FfLHC16LSERY/ACCTG ❑rr.mRloRllSmsiAMf1 ❑ . (CLIP ALL LOCATIONS FOR SIGNATURE) 0 Referring the Liquor On Sale, Liquor On Sa1e-Sunday, Liquor Extension of Service Hours, Liquor (Patio), Restaurant (B), Entertainment, Dance Ha11, and Cigarette/Tobacco Licenses by Lucky Star, Inc., dba Bangkok City Supper Club, 733 Pierce Butler Route, be referred to an Administrative Law Judge. PIANNING COMMISSION CIB COMMITTEE CIViI SERVICE COMMISSION H73c:.1Gd.7 Has this perso�rm everworked urider a coMract for this departmrnt7 VES NO Has this persoNGrm ever heen a city emP�ee? YES NO Does this persarJfirm possess a sidll nat normallypossessed by any currerR ciry employee7 YES NO Is this person/firtn a tafgeted vendoY? YES NO Councii �esearch Center �9AR � �=� 2002 OF TRANSACTION S COSTIREVENUE BUDGETm (CIRCLE ON� ACTNITY NUMBER VES NO (EXPWN) MINUTES OF THE LEGISLATIVE HEARING BANGKOK CITY SUPPER CLUB - 733 Pierce Butler Route Tuesday, Mazch 19, 2002 Room 330 Courkhouse Gerry Strathman, Legislative Hearing Officer oZ. ��. STAF'F PRESENT: Kristine Schweinler, LIEP (License, Inspections, Environmental Protection); Cluistine Rozek, LIEP; Tyrone Strickland, Saint Paul Police Department The meeting was called to order at 3:32 p.m. Gerry Strathman stated this hearing is being held to heaz objections to the issuance of licenses to Mai Her, Lucky's Corporation, doing business as Bangkok City Supper Club. Tait Danielson, District 7 Planning CouncIl, 689 Dale Street North, appeazed and stated he submitted a letter of objection to the Legislative Hearing Officer from their Social Concems Committee. This letter has been accepted by their Board of Directors. Bangkok City Supper Club opened under new management on November 9, 200 L His understanding was the owners were managing under the license of Club Metro. Mr. Danielson attended the opening night and saw several problems with the way the establishment was run. Upon waiking in, there was only one bouncer checking identification. Mr. Danielson was given a wrist band indicating he was over the age of 21 and could purchase drinks. There was only one person keeping individuals from going up and down the stairway into the basement, which is where anyone under 21 had to remain. After he finished lus drink, he went downstairs into the basement to check the under 21 area. The majority of the accommodations and advertisements were alcohol related. The bar still remained with no alcohol behind it. The other problem was there were many dazk areas within the downstairs where someone could lude. There was not much security down there; however, there were not many people down there. Crerry Strathman asked what was being dnmk downstairs. Mr. Danielson responded there was no alcohol down there. This was about 6:30 p.m. There was an infiltration ofthose over 21 going down in the lower level. From the opemng night until today, there ha�e been long police reports and arrests made, stated Mr. Danielson. Bangkok is a large establishment with not enough security. They do not seem able to control their business at its peak on Friday and Saturday evenings. There haue been three meetings with the owners, and they have made no changes. Mr. Strathman asked if Mr. Danielson is supporting the license application if the sis conditions in lus letter are piaced on the licenses. Mr. Danielson responded the plauuiug council suggests that these would be the minimum conditions they would like on the licenses. Without these conditions, Mr. Danielson does not see how the neighborhood and the bar would coexist. If the owner agreed to all six of these conditions, it would still be the planning counciPs view that the license application should be denied. The planniug council was trying to get the owners to agree to these conditions at a meeting. d� Zb`�-1 LEGISLATIVE F3EARING MINUTES FOR BANGKOK CITY SUPPER CLUB Page 2 Mr. Strathman asked were the owners willinn to agree to these conditions at that time. NLr. Danielson responded the biggest condition is the one about not allowing anyone under 21 years of age to be in their establishment. That is the majority of the cause of the problems. It is extremely important to the neighbors and District 7 Pianning Council that this be an over 21 establishment. Kristine Schweinler zeported Lucky Staz Corporation is applying for the following licenses: Liquor On Sale, Liquor On Sa1e-Sunday, Liquor Extension of Service Hours, Liquor-Outdoor Service Area (Patio), Restaurant (B), Entertainment, Dance Hall, and CigazettelTobacco. LIEP is recommending denial ofthe licenses due to the operation ofthe business since November 1, the amount of police reports, and problems. LIEP has met several times with the applicants. They haue agreed to the conditions recommended by LIEP. Even after these conditions had been signed, there were problems. Mr. Strathman asked did they agree to the condition of ha�ing no one under the age of 21. Ms. Schweinler responded no. She read the conditions wluch aze as follows: 1) All patrons will be checked for weapons (wanded) prior to entry; 2) E�sting exterior video camera must be on and working during all hours of operation. Digital images will be maintained for at least 14 days. Dates and times must be correct and available to police and inspectors. 3) Patrons will not be allowed to loiter in the pazking azea. 4) Licensee will improve the lighting in the reaz of the establishment by October 31, 2002. 5) A locked fence will be built to secure the dumpsters by June 1, 2002. 6) All employees and management will attend alcohol awazeness training. 7) Wristbands wili be used to identify patrons over the age of 21. No alcohol will be allowed in the azea where patrons under the age of 21 are allowed. 8) All alcohol will be secured and unavailabie for display or sale by 1:00 a.m. 9) Dress codes will be enforced at all times. No gang colors or apparel will be allowed. 10) All advertising for coliege or under 21 night will contain a disclaimer indicating that those under the age of 21 will not be allowed to purchase or consume alcohol. 11) Glasses, bottles, and beverages will not be allowed to lea�e the liquor service area. Debbie Shambo, 743 Englewood Avenue, appeared and stated she is a block club leader and had meetings with the owners on two occasions at the LIEP office aud at District 7 Planviug Council. She has a petition signed by 52 people from her neighborhood. She has heazd semiautomatic weapon fire coming from the baz, she has seen fights, people have been maced, she has heard shouting, and drag racing. The conditions the block club recommends aze the same as those recommended by District 6 Pla.miiug Council. (Ms. Shambo gaue Mr. Strathman the petition. The petition was retumed to her at the end of the meeting.) Helen Broderick, 795 Pierce Butler Route, appeared and stated she is orgauizing a neighborhood block club. When the owners first cazne into the neighborhood, she introduced herself, and they invited her to their opening night. Ms. Broderick went with her husband. She witnessed people going downstairs with drinks from the upstairs. She was surprised because she was toid the OZ �.b`� LEGISLATIVE HEARING MINUTES FOR BANGKOK CITY SUPPER CLUB Page 3 upstairs and the downstairs wouid be separate. They thought things looked chaotic because it was the opening night. She walks her dog during the day there, and the parking lot has been full of broken bottles. It had not been that way in previous yeazs. Molly Quivn, 753 Englewood Avenue, appeared and stated she lives in a house with three adults and a dog. They all have varied schedules. Late at night, they play Frisbee with the dog in the backyard. It has started to become uncomfortable to be out because of the many cars, many patrons, and loitering after hours. They have been awakened by people playing loud music, racing, and rewing their engines. This activity is not favorable to families. Since the opening, they do not feel safe in the house and the neighborhood. Lany Pauison, 581 Blair Avenue, appeazed and stated he has been in the neighborhood for 30 yeazs. He has seen other bazs get restrictions on their license and it does not work. In the last 15 yeazs, they fought hazd to get the area back to where it is suppose to be. It is right across from the playground. Tom Dunne, 795 Pierce Butler Route, appeazed and stated he has doubts about the ability and the will to enforce these restrictions. On two occasions, nearly 80% of the patrol cars were at the club, which meant his neighborhood was not being covered. To enforce these regulations would require much more than any club could support in the way of manpower and surveillance equipment. He does not object to the baz business. Mixing 18 to 21 year old people are not good for the kids or the neighborhood. It creates an environment where gangs are drawn. There aze a number of young children on the block. There haue been previous bazs in this location and there has never been a problem. Wthin the six months they ha�e been there, there ha�e been more problems than all the previous ten years. John Fulton, 1017 Englewood Avenue, appeared and stated this property has a large impact on the neighborhood and, because of that, it is different from most bazs. There is a lot of responsibility involved in running it. There is no perception on the part of the owners about how much responsibility is involved. The City has an opportunity to make a decision tbat is going to effect the neighborhood for years to come. This is a good time to deny the license. Tyrone Strickland, St. Paul Police Department Commander, appeared and stated he was going to check on the business because it.was opening night and he wanted to make sure they were following guidelines. The first night, November 9, there was a call about a person who was assaulted. By the end of the night, the police had closed the bar because the sergeant found at least two people that were underage, dmnk, and had drinks in their haud. There was a lot of confrontation inside and people were about to fight. There were a few fights in the parking lot. Someone was assaulted. There were 15 to 18 squad cazs to clear out the business. There were no other squad cars in Frogtown, and there were squad cars called $om another area to assist. Mr. Stratliman asked were there incidents since then. Comma Strickland responded there was a man with a busted lip and a loose tooth who identified himself as an owner's nephew who said he was assaulted by a security guard. He said he would have his uncle take care of it. He OZ Z( LEGISLATIVE HEARING MINUTES FOR BANGKOK CITY SUPPER CLUB Page 4 did not want to file chazges, but a police report was written. Mr. Strathman asked is this typical of operations like ttris. Commander Strickland responded the 18 to 21 age group is a problem. It has not worked with other bars in the City. (No one else in the room wanted to raise objections.) Ms. Rozek stated the application came in with a management agreement. This was a unique opportunity to haue a pending licensee operating a baz for a number of months before the City makes a decision to license the bar. The bar owners ha�e met with LIEP. There continues to be fights and police reports after they agreed to license conditions. Gerry Strathman read the objections into the record. Michael Windey, Director of West Minnehaha Community Recreation Center, 685 Miunehaha Avenue West, wrote that Bangkok City Supper Club is a problem He cites instances of underage drinking, fighting, gianfire, loud noise, and uash. He observes that grounds workers have to pick up trash, which they believe emanates from Bangkok. He also makes reference to drug deals being common. The other person who submitted a letter testified earlier. Mai Her, owner, appeared and stated some of the things said make the situation sound worse than it actually is. In the hundreds of yeazs that tlus country has fought against discrimination, it still continues to happen. If she were a white person doing business, there would not be as much said and people would not ha�e any objections. People think all Asian people are troublemakers and gangsters. Every time she attends a meeting, people say they aze promoting gangs in their club, but that is not true. Ms. Her stated that she tries to provide a place for people to go and have fun with their friends or relaY and haue a couple of drinks. Chao Lee, owner, appeazed and stated he lives two blocks from the Bangkok City Supper Club. He came to this country 20 years ago. He was hoping one day to open a business like this. He did not feel he would bring any trouble to his friends and neighbors. Club Metro was a quiet bar, and the previous owner could not afford the business any longer. The building is about $1 Million. Because they aze a different race, they ha�e to do everytlung the license conditions require. They spent their own money installing a camera outside. The parking lot surface was broken; now, it is smooth. Now that there is a camera for the pazking lot, there are no broken bottles there. Also, they agreed to secure it with a fence. It was messy in back of the railroad, but it has been cleaned now. He apologizes for bothering his neighbors, stated Mr. Lee. Their opening was a bad night. People just wanted to see the building on the first day. The person supervising that night did not handle the job well. After that night, they fired him. As for the dazkness downstairs and the signs, it was that way when they moved in. The Fire Marshall was there about two hours before people came. He said if there were too many people, they would not be able to use it. They tried to fix the light as much as they could. They ha�e taken out all advertising signs downstairs. They aze a new business and they are trying to take care of any problems. They have been trying to follow any conditions on their license. They have been open ,.,s �Z�Ze�4 LEGISLATIVE HEARING MINUTES FOR BANGKOK CITY SUPPER CLUB Page 5 about three months now. He feels he has a lot of experience now and will be able to control any problems. Gerry Strathman stated he has three options available to him: 1) recommend approval of the license application, 2) recommend approval of the license with conditions, and 3) refer to an Administrative Law 7udge. He is not prepared to do Option 1 based on the concems raised here and the testimony received. As for Option 2, there are so many conditions enumerated by LIEP and recommended by the neighbors, he is concemed the conditions could not be monitored and enforced effectively. Also, one of the conditions essential to the dispute here is the under 21 condition. He does not have the authority to deny tlus license application. It is not the City Council's custom to do that either. Tlus is an informal hearing. There ha�e been a number of serious questions about facts raised and some questions about how the law will apply in this case. Therefore, he believes the matter should be sent to a formal hearing before an Administrative Law 7udge, who has the authority to administer oaths and other things that he does not have the authority to do. After that hearing, the matter will be referred back to the City Council. Mr. Chao stated some people testified that there is too much underage drinking; however, it is hazd to look at an Asian person's face and determine their age. That is why Bangkok tries to do their job and look at identification. Gerry Strathman recommended that this license application be referred to an Administrative Law Judge. The meeting was adjourned at 4:15 p.m. i�.il , � • • OFFICF� THE CITY ATTORNEY Manuel J�arttu, CityAttorney CITY OF SAINT PAUL Randy C. KeIIy, Mayor Apri14, 2002 Civit Dtvision 900 Ciry Hal1 IS Wut Kel[oggBlvd. Saint Paul, Minnuota 55102 NOTICE OF HEARING Mai Her Bangkok City Supper Club 733 Pierce Butler Route Saint Paul, Minnesota 55104 Telephone: 651 266-8710 Facsimile: 651298-5619 RE: Application for Liquor On-Sale, Sunday On-Sale, Restaurant, Entertainment, Liquor Extension of Service, Patio, Cigarette/Tobacco and Dance Hall Licenses by Lucky Star, Inc. d/b/a Bangkok City Supper Club for the premises located at 733 Pierce Butler Route License ID #: 19980009120 Dear Ms. Her: Please take notice that a hearing will be held at the following time, date and place conceming the license application for the premises identified above: Date: Wednesday, May 15, 2002 Time: 9:30 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: Bruce H. Johnson Office of Administrative Aearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7607 AA-ADA-EEO Employer ■�� , � _ Inc. dJb/a Bang cok City Supper Club ' City's Esh. No. l6 The Council of the City of�nt Paul has the authority to provide fo�arings 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 denial, revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action a�ainst the license application for the above premises as follows: You have been operating the premises located at 733 Pierce Butler Route pursuant to a management agreement as of November of 2001. During that time, there have been complaints about the manner in which the establishment is operated, and concerns about noise, littering, and out-of-control patrons. On November 9, 2001 Sgt. Polyak, a Saint Paul police officer, was present at the establishment for the opening night and he observed a fight break out between patrons, with approximately 20 people fighting, and several people striking someone on the ground with beer bottles. There were not enough security officers to coatrol the crowd, and additional police had to be called to the scene to break up the fight. Before Sgt. Polyak left the premises a second fight broke out and police had to again break up the crowd. While inside the establishment, Sgt. Polyak observed that the bouncers were not watching to see that underage people did not have access to the area where alcohol was served. He found several individuals who had not had their age checked, and found two underage persons drinking bottles of beer. On December 22, 2001, police were sent to the establishment on a call of shots fired. On arrival, the officer spoke to a security officer who stated that there was a fight in the basement of the bar, that was spilling out into the parking lot. A car was parked in the lot with four people in it, one of whom fired two round in the air with a semi-automatic handgun. Shell casings were recovered in the parking lot. On January 13, 2002 police were sent to the establishment on a call of 20-30 people preparing to fight in the parking lot. On arrival, a bouncer stated that they had at least 10 Tights inside the club and two outside in the lot, and that the security offcers had used Mace to disperse the crowd during the fight. Notice of Hearing - Page 2 On Januar�, 2002 police received a complaint f� a neighbor about the noise from the establishment. She told Officer Hunter that she had called the police on January 27`" about the music, and that she saw two officers enter the club, that the music was turned down, but that about thirty minutes later the music became loud again. On February 23, 2002 police were sent to the premises on a complaint of loud noise and drag racing in the area. On arrival, police spoke to an individual who alleged that he had been assaulted by a security guard, who punched him in the face. The officer talked to several of the bouncers, who stated that a fight broke out inside the bar, chairs were being thrown, many people were involved and they were trying to get people outside. Saint Paul Legislative Code § 310.06(b)(8) permits adverse action against an applicant for a license if the " licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injwe or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public." You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. 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 Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City wiil then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it 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 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. Following the hearing, the 7udge will 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 1400J000. Notice of Hearing - Page 3 / If you think that this matte�an be resolved or settled without a fo�l hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative I,aw Judge for incorporation into his or her zecomxnendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegarions wiil be forfeited and the allegarions against you 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 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, G�� v� ,�� Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearings,100 Washington Squaze, Suite 1740, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Kristen Kidder and Tait Danielson, Thomas-Dale/Dist.7 Pianning Council, 689 N. Dale St., St. Paul, MN 55103-1644 Johnny Howard, Exec. Director,Thomas Dale Block C1ubs,1034 Lafond Ave., St. Paul, MN 55104 Debra Shambo, Block Club Leader, 743 Englewood Ave., St. Paul, MN 55104 Helen Broderick, Block Club Leader, 795 Pierce Butler Route, St. Paul, MN 55104 Notice of Hearing - Page 4 '�� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 5, 20Q2, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mai Her Bangkok City Supper Club 733 Pierce Butler Route St. Paul, MN. 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the Unit tes mails at St. Paul, Minnesota. ,., _ � G. Subscribed and sworn to before me this 5th day of April� 2002. Notary Publi PETER P. FAh1�BOR NOTAi3Y PUBl1C - iAINNESOTA {�t,y CQMMSSSION EX�'F?�S JRN.31 � 2005 KARIN L. FANF•IK, ESQ. • 182 Mackubin St., #6, St. Paul, Minnesota 55102, Work: (651) 292-1655; Cell: (651) 983-6481 Virginia D. Palmer Office of the City Attorney Civil Division 400 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 # - - �� S " ! �y ''. . �>d - �,�"'�;" �,`�`` �`;i�, f�i� : �: May 9, 2002 R�: Appl:c�tiou for;,::,aor On-Salz, Resizura;at, r,nt�rtainmeat, ;.:uuor Extension of Service, Patio, Ci�arette/T'obacco and Dance Hall Licenses by Luckv Star Inc. d/b/a Ban�kok City Sunper Club for the premises located at 733 Pierce Butler Route License ID#: 1980009120. Dear Ginger: Enclosed please find the Request for Continuance in the above-referenced matter. Please feel free to telephone me at (651) 292-1655 i£you have any questions ar comments. Thank you for your time and attention, and I look forward to speaking with you in the future. Sincerely, �_ ' (�, � ' �� Karin L. Fanfulik, Esq. Attorney No. 02540' 1 Enclosure ca Mai Her (w/enc.) Diane Nordstrom (w/enc.) Nancy Anderson (wfenc.) Chrlstine Rozek (w/enc.) Kristen Kidder (w/enc.) Tait Danielson (w/enc.) Nilchael Windey (w/enc.) Johnny Howard (w/ena) Debra Shambo (w/enc.) Helen Broderick (w/enc.) e ��• Inc. d/b/a Bang cok City Supper Club 6 i � City's Exh. No. 11 � STATE OF MINNESOTA COUNTY OF RAMSEY In the Matter o£ Application for Liquor On-Sale, Restaurant, Entertainment, Liquor Extension of Service, Patio, Cigarette/Tobacco and Dance Hall Licenses by Lucky Star, Inc. d/b/a Bangkok City Supper Club for the premises located at 733 Pierce Butler Route License ID #: 1980009120 TO: Virginia D. Palmer Office of the City Attorney Civil Division 400 City Hall 15 West Kellogg Blvd. ° Saint Paul, Minnesota 55102 � CIVIL DIVISION CITY OF SAINT PAUL ADMINISTRATIVE HEARING REQUEST FOR CONTINUANCE Bruce H.Johnson Office of Administrative Hearings 100 Washington Square Suite 1700 Minneapolis, Minnesota 55401 I, Karin L. Fanfixlik, attorney for Lucky Star, Inc. dJb(a Bangkok City Supper Club, request a continuance of the hearing scheduled for May I5, 2002 at 9:00 dclock am. because: I was retained recently by Mai Her, and i fully understand that it is my duty to be prepared for the above-referenced hearing. During further research of my client's file I discovered that there is information and documentation which is missing and needs to be obtained prior to the occurrence of the above-referenced hearing. Dated this 9` day of May, 2002 ��'� � Karin L. Fanfulik Attozney No. 0254071 182 Mackubin St., #6 St. Paul, MN 55102 (651)292-1655 KARIN L. F. ! 182 Mackubin St., #6, St. Paul, Minnesota 55102, Work: (651) 292-1655; Cell: (651) 983-6481 Bruce H.Johnson Office of Administrative Hearings 100 Washington Square Suite 1700 Minneapolis, Minnesota 55401 May 9, 2002 Re: Auplication for Liauor On-Sale, Restaurant Entertainment Liquor Extension of Service, Patio Ciearette/Tobacco and Dance Hall Licences by Lueky Star In� d/b/a Ban�kok City Suuqer Club for the nremises located at 733 Pierce Butler Route License ID#: 1980009120. Dear Judge Johnson: Enclosed please find the Request for Continuance in the above-referenced matter. Please feel free to telephone me at (651) 292-1655 if you have any questions or comments. Thank you for your time and attention, and I look forward to speaking with you in the future. Sincerely �'... - ti ,� , Karin L. Fanfu&k, Esq. Attorney No. 0254071 Enc:asure cc: Mai Her (w/enc.) Diane Nordstrom (w/enc.) Nancy Anderson (w/enc.) Christine Rozek (w/enc.) Kristen Kidder (w/enc.) TaiT Danielson (w/enc.) Michael Windey (w/enc.) Jo'nnny Howard (w/enc.) Debra Shambo (w/enc.) Helen Broderick (w/enc.) . - . May 10, 2002 _. .._ . , _ .` ! � t :, �f �:.`;Z • STATE OF MINNESOTA • OFFICE OF ADMINISTRATiVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 �i� � `' .^a, E ��6V�� Karin L. Fanfulik Attorney at Law 182 Mackubin Street #6 St. Paul, MN 55102 RE: In the Matter of the License Applications of Lucky Star, Inc., d/b/a Bangkok City Supper Club, etc; OAH Docket No. 4-6020-14825-3 Dear Counsel: This confirms yesterday's telephone conversation with Ms. Fanfulik and today's telephone conversation with Ms. Palmer and responds to Ms. Fanfulik's Request for a Continuance. I am continuing the hearing in this matter until 9:30 a.m. on Wednesday, June 5, 2002, in Room 41, Saint Paul City Hall, 15 West Kellogg Blvd., St. Paul, MN 55102. We recently issued six subpoenas at the City's request to secure the attendance of witnesses at the hearing. i he Ciiy may use this letter as authority for a change of the appearance date on those subpoenas from May 13, 2002, to June 5, 2002. If the City considers it necessary to have new subpoenas issued for those witnesses, we will issue replacement subpoenas at no cost to the City. Also, it appears that the City will have at least six witnesses. I am also assuming that counsel for the Appiicant may wish to present several witnesses, and that there may be other interested parties who may wish to be heard on the applications. So, it appears to me that the hearing may last for longer than a day. I am therefore reserving Thursday, June 6, 2002, on my calendar for continuation of the hearing, and I recommend that counsel and potential witnesses be similarly prepared. Providing Impartial Hearing 4or Gow 1° a�c a.iccu�c t-iY ai , —� An Equal Opportunity E � Inc. dlbla Bang ok City Supper Club � City s Exh. No. 12 Administrative �aw Section & Administrative Services (612) 341-760� ; � � � Please advise me promptly of any further matters that may affect scheduling in this proceeding. Sincerely, ��'�L� / BRUCE H. JOHN N Administrative La udge Telephone: 612/341-7666 L7 ❑ �� p � ��❑ ❑❑ t�0� p ��D � aoa��o�o I_lO ❑ �, '_'C� U 0a � �o ;s ❑❑� t] ❑� D❑ ❑Q�� i' �1��fl❑fl��a��;E - --� - --_._ _ �.- � ° � Ut� �� ;' � o 0 �;i � � � U � Qt� �U u ❑ � o � ❑❑ ° ❑ o a��a�� d ,•.,. „ . � �� --� �----� r ---� D r � D Z �EL ��_ � £ 3 �<�u •ux� S��I� I m � 4n[�. aaddnS ,C7?� Ko� �u�g �/4/P 'aaI �I ■�liWii�iii��Y�i. c:---� � z ��__- _ - -- — S � � �� i �■��, ■ ■ ■ , __ • .■ � • � i � . ! ■ . t, ' � � r�� , � � �■�. w i s r G 1 � , T � tj f S � �' � �� - � i■ � ■ ■ i .. . ,� � � 0 � � 0 �13�1(lg 3��13Id � c� ❑ p v❑ � p d UO � � 0 O p Q� �L7 ° C7 [� ❑ ❑a�oada❑�oo�oo ❑ ��Q�oQ� �-�� o ❑❑ � ��1 � ❑ �� Q� a � ❑a�� a o � � ■ ■ � Q �� o �a; �- ❑ n � a J � Q 4 i t t 4 ❑ � � �, � � � � _. � !:,� � � Inc. d/b/a Bang �ok C'ity�5upper Clu�b '• City's Exh. Na. 14 . Mmvesota lleparhnrnt of 1'ublic Safety LiQUOR CONTROL DIVISION 444 Cedaz St., Suite ]00 L, St. Paul, MN 55 ( 01-215G Fae(612)297-5259 (6I2)296-G430 TTY (612)282-G555 � � Y ?' 4 3��..c3!=a `��?�,� CERTIFICATION OF AN ON SALE ANDlOR SUNDAY LIQUOR LICENSE No license will be approved or rekased until the S20 Etetailer ID Catd fee is recelved by MN Iequor Contrvi Workers Compeasalion Ianuance Company _ .� Policy� LICENSEE'S SALES & USE TAX ID#1 � . To apply for sales tae numbcr CITY OF Liccuscc Namc (Cocporation, Partncrship, Indn L k cl�� S. Ct�fx�Or�c'fer�n Business Address ' �33 pi e:-Ce 2Lt �L� r 1ZT License T�Pe (C '� Ou Salc On Sale License one or botb) On Sale Fee tt a partnership state the name and a� Partner/O$icer Name (First, middle and last) ✓"iG$� . �{t'Y Pariner/Officer Name (F'irst, middle and last) �/flusz v'aw L��e Partner/Otiicer Name (Fusi, nuddle and last) �i�IQC7 �-�e Thc Liccu�ee must have one of thz (ollowiug: ISSUIIVG AUTHORITY C0UN OF DOB a�c Name or DF3A , �anc�ok Ct�� Sv City � �. vat,l � Liccnse Period Sunday Liceusc Number I Sunday Fcc ach artner• If a co 0 DOB Title 'fS��i OWHe�- DOB Titic i �f1 Owv1 �Y DOB Titic �j�lS Or,�H �v 296-b181 Zip Code Ssi aU County fLAVYt S � � Phone n, state the name and addrcs� of each ofl Address ; f� .v. S��eIIrKy �4v �T �au I, Ntiv S S t e u Address '�p gurr S�` • >T �aUl Mnl SSf01 �Zz Uunbu�-e� AVe �r- �au l, ,vl n! s s/ o+-� (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) C�cck me �A. I.iquor I.iability Insurance (Dram SLop) - S50,000 per peesou; S 100.000 more Wan one person; b 1 Q000 Property DesWetion; 350,000 and 5100,000 for loss of ineans of support. a ❑B. A bond ofa sure�y company nith minimiun coverage as spec�cxl above in A. « OC. A certificate from tbe State Treasurer lhat the licensec has deposited with Ihc Statc, Trus� Funds having a market value of S 100,000 in cash or securities. O Yes � NO During iLe past license year has a summoas beea issued under the Liquor Civil Liability Law (Dram Shop)? If yes, attach a copy of the sitmmons Transactioo Type New � Revoke/Canccl Su Spend/KevokelCancelled U TransCer 0 Suspension From To 7�ransfer of o�mersh�p from (Name and Address) N/i4 I cerLfy iha� this i�cense was approved m an ofliciat mectiog by the governing body of thc city or county. Ciry Clerk's SiRnafurc Date TMPORTANT NOTICE All tetaif liquor littnsees must hati'e a current Federal Special Occupational Stamp. This stamp is issued by the Burcau of Alcohol, Tobacco and Firearms. For information call (612)290-3496 yS 901I•94 .. - ' ' F'�5 P�lc.4i�1 11�G2 'UL 1�:f'J3 ID�f1RILBOXES ETC35 =Hi!:551 042 :;iSE FAGE 2 � � Inc. d/b/a Bang �ok C'i Sup • CiTy's Exh. No. iS Per Club '_ NiAN��(:h:h11?N'I' AC;RI'sIiN1CNT I IIIS AGRL:I��fEN7' is madc this ,S � dn,y oFOctohcr, 20(I1, I�y I'hoe�iix I�ligh�, 1nc., d!b/a Club hletro, :� IYtinnesot�i corpors�Uun, hcrelnaf'tcr called "Pfioenlz", and Lucky S Curporatian, d/b/a 13nnqkok (:ily Sapper (:hih, n M173nnesolsi corpurntlon, �vit6 vYtices nt il I Nu. Snelling Avcnuc, St. 1'aul, �llnucsotn 53t1)4, �md �ttai 1{cr. individunll,y, hcrcintidtcr cnllcd "hlunugcr:' �5'Hf:Rb:Ati, h1»nnucr }uiy a�;recd tu tempornrily aianage Club Metro, n supper dub, hunyuct und rentnl h»II edth nn on-sale liquor I(ccnse locxted at 733 Yterce Butler Knidc, St. Pauf, Minncsorn fur Phocnlx UiIIII I��A1ti1�C1' 71C(�UI['Cy thc un-sale liquor llccnsc t7orn lhe C.'Ity of St. Paul, nn<l, WIi1:Rt�,Ati, It !s thc Inlcnt of the purlic� lo cvcntually treus('cr i�wncrship und operaliuu uf ��id busincss from Ph��cnix ta Mauagcr, nttcl to uxvtg» [hc tcnxucy (uterca( of Phacnix ro Mnnn�;cr (n tlu buildinQ nud perau��aity lacalcd on LI1C Elfl'1I71SCS 85 BOqll AS (}iL• uccc�.nry Itccnses xrc itcyulrcd b,y Manxucr 1"rom thc <:ity ��f St. Pnid. NOW '!'l1t�RENORI?, i» considerntiun of iheir muwnl pr<,mltcs, the parties n�rce xs I'ol(ows: L Tcrm a1' lercemcnt. Nlsinn�;cr shall man}��c md operatC CIUb Mclri� Hti xn b17- salc li��unr husintss co�iunencln�; Nnvcmber��, 200! and tcrm3netin� at vuch time ay the City nf St. 1'anl Krnnis (hc new license fo M11Ar�nger. 2. Rep=ilrs and lJp�rttde o( Faulpment. Phocnfz ugrees to immediutciy makc thc ncccssar,y rcpair�, ❑pdatc and repluccmi�nt of equ(pmcni and fixtures, :tl itx rrpense, as muy hc rcyidred bt• the City of SL Pnul to yualif,y p7anagcr for tlic ncccssary flccnscz to uperatc lltc Faud a�id on-ynic ltyuur business. 3. Comt�cnsution. !t is tlic Inlcnt of thc part{e's thsd A1�uiHgcr's cumpcnai�liun for tcmporar} opera(ion of Ghtb Mctru shtill bc whatcvcr net pratlts Motnt�Kcr is ablc IU PcUII/L' flY1CY �)ilYtntnt u{NII b�Ct71LInK l•x�CI15CA (I1tfIItK fI7C ll`f'Iil Of (f]I5 A�;rcemcnt, .. � -F'!F Mo.401 11�02 'G1 14=�3 ID•t1AILBOXES ETr_3� FAX:551 642 3i5o PFGE 3 4_ Liuhitttv. Phc�cnix shull, clui-1nK thc term of this Agreement, Uc responsibtc fOr any claims and damagcs rexiilting from thc operatfon of kxtd buxinc.s and tu conUnuc to citrry (hc ncccsse�ry Exabtic IlnbiU[y and I)ram Shop in5urancc covcraKeti. Mt�nagcr agrees tu pay t� pr��rttta shurc of inturstncc prcminm+ whcn duc dlrcctly Lo Lhc lnsurcr. 5. Utllltics. i�t�nsigcr shnll pn,y from I.hc Rru+x procccds of thc operndun, �dility hi(Is Hnd Etil operatin�; cxpenses. ��. '1'ransitfun. Aftcr I'hocnix has completed thc requfrcd upgrada and repairs, and uC(cr thc Clly hs�s Istiucd lhc Stcenxcs to Mt�nuKcr, thc operatqon oC thc buvincss hhaU comm��ncc undcr Ihc name ol' L3angkok City S��pper Club and thc Princlps�VA�ency rclatlanship hctwecn thc partiey sliall tcrminatc. 'flie partics SllFlll LhC�YA�ICr nc�;n(latc In �nud fulfh Fur thc fival salc of thc Vll9llll`9Y to n'� 7i118(„C Y. 7. Miyccllancuus. '1'his Aqreement C0f19U(ULC9 thc en(Irc xgrecmenl.. No madiflcuUon .yhxll he vHlid unless !n wrlt[nK sf�;ned h,y a11 pxrtics and [hc tcrms shtcll hc hinding upon thc parties, UiCIY FISCI`CRSOlS NRt� 8Y4I�17S, IN V1�f"f'hiLSS VVHERb;OF, the parti��s itnve rxecuted [his AQrecmetu on thc dutc 1'irst abavc written. Pi-[OEN(X M1tANAC' :12 P oe ix I�IIKhI, L•.� / C'li b Ictro `, .l f ,_. r � �} � I Indlviduxliy 1>y ` —�- --- A ,�" Ja IL Caffney, Presl [ � I'his A�;reemcnt tlrt�fted hy: '17tom�ts,l. Ilurti�an,:1Rti 418114 Al(��rncy at L SIK' 127 l:aat CuuntV t2uad C#k St. Naul, 1iV Sil l7 (651) 4N4-GiS3 Lucky S C:t�rporatton dlhh� kok�tiupper C'lub H ' � ��c � �n( Iler, tls Prajdcnt -Z- '—� I�nc. d/ Ba�k City Su p�per CEub �• — City's Ex1�.1�io. lE , -- — LICENSE APPLICATION THIS APPLICATION IS SUBIEC"C TO REVIEW BY THE PUBLIC PLEASE TYPE OR PRI�PI IP I NK �� CITY OF SAINT PAUL O�ce af License, [nspections and Environmental Protection ]50 4 Pcrcr h Suim )00 Svm Poul. Ninnawa 5510. (65p'_66-9GW fu(651)'_6&9L'J LICE�SES ARE hOT TRA.�SFER4BLE PAYbIE\T �IUST BE RECEIVED �VITH EACH APPLICATIO\ Typz of License(s) bzin� applied for: L. i C� V(7� �TfJ LEN S� S y 9Y �6 .�� Projected date of openin�: __ _ / ,' /� ' �/ � � � hKLy?�, S• IvOY�Z�YlX.7(fl77 -- -- - — ° -- - --- - - �-- CompanyAame: , Co ra[ion / Partnzrship / 361e Propriemrship If business is incorporated, give date of incotporation: BusinessName(DBA): �(11�IGT�t'��C �%;�J 7Lf!/11�r �'�lu�i BusinessPhone:(6S/1 �— 7 .,.. T? Business Address (business location): �3�i- �i f� � �t f ��sE Y� 7Z`� ` �i�'- �{��cCC� � %W Al � � �{Q� Strert(�, Namr, Typz, Direction) Ciry S«�z Zip�1 Benveen what cross streets is the business located? �5-/^0 }7� t"/ S� . �Vhich side of the street? , r}i1 � S�' Are the premises now occupied? '� �Vhat Type of Bu inzss? ��"i� �/�2 ��"t7� Plil� C/cth �Cc/ llA��, e�tf� Huti �� ,�� F1�/l, �:�KC�� Mail To Address (if different than businzss address):, ?i i �� s Strzz[(m,Name,Typz,Direction) - Cit}' Statz Zip-4 Applicant Inforniation: ',/ Namz and Title: /7r7(.f/ jf��H �{ - - .L-?f' �9U1!'I �� First p �� , 6liddiz (�t dzn) Last Tit�t Home Address: �l'� �!u Yi' `�� • � � � �y'%.� �LL'vf'f � _ �,•� � : 57� Street(� Namz,Typz,Dircction) City Statz Zip=4 Date of Birth: 0�/ 1� iJ Place of Birth: �Lt!!i 5 Home Phone: (G�i/1 6ES— �� G q Have you ever bzen convicted of any felony, crime or violation of any city ordinance other than traffic? �'ES _ NO i� Datz of asest Charge: _ Conviction: Sentence: List licenses which you currently hold, formerly held, or may hace an interest in: y cirl C Have any of the above named licenses ever bzen revoked? YES � NO If yes, list [he dates and reasons for reaocation: Ate you goin� to opzrate this business pzrsonal(y? /�/, � wii.v}.f� tt�l(�t��C �IlIIi1� Home Address: S[rze[ (�, Namc, Typt, FES ✓ \0 If not, who will opzrate it? ��.�dl(�CI1� S"r. Are you goin� to hace a manager or assistant in this business? operator, pleasz completz the following infom�ation: Fint k lome �hddlz Initial $[rce[ (X, tiamc, T}pt, Dirccuon) �Vhere? Ciry � YES Zip+. Phxt Numbu NO If thz manager is not thz samz as the (�(�iden) �"t =P�� I Ciry � Las: .� Sta'' � Last ur� Sta:e Lp+� :e oF Birch .;�, �u_ \umbtr 02-16!2000 ^ i Please list your empLoyment history for the previous five (�) year period: Business/Emolovment Address , Lori- Uni�hor� <'ei,-o /Ot�l7 ��aovi�e ��, List all other officers of the corporation: OFFICER TITLE HOVIE NAME (Office Held) ADDRESS �/1�; fl�..- AGs�-✓„a� �l� �21 � HOVIE PHOVE ' ^ BtiSI\ESS PHO\�E � �� ) L2u — -�U �- If business is a partnership, plzase include the followin� information for each partner (use additional pa�es if necessary): � %��G[r 1/�aGta �� ''�I AI..l.it.� einl �i��:ll(�211� �.�$� S[reet(2, /1 /�/Cf, City Statz Zip`4 �� r_ i n ) Las[ r /� eu 5 J DATE OF BIRTH BI[(h tiS'/1 FGS-9'36a Phunz Nun zr � � �� atz of inh F�rs[ hame �� °� �i� .v `�H�Lt w, Av�� yf �u.� nn�v �ioN �6��uu-o�t�� , HomeAddrcss: S[reet(R,Name,Typ vection) Qty Ststz Zip�3 Phonchumbtr ; � ,✓ � �Z � r�'�'� � ��° p � / ,• .�� t,1. ��i7'1• .T �iaul, MINNESOTA TAX IDE\TIFICA7ION 1VUMBER- Pursuant to the Laws of bfinnzsota,1934, Chapter 502, Articlz 3, Section 2(270.72) (Tax Clearance; Issuance of Licenses), licensin� authorities are required to provide to the State of Minnesota Commissioner of Revenue, the Minnesota business tax identification number and ihe sociat security numbzr of each license applicant. Under the Minnesota Govemmznt Data Practices Act and the Federal Privacy Act of 1974, �ve are required to adcise you of thz fo(lowin� re�ardin� the use of the Minnesota Tax Identificatian Number. - This information may bz used to deny the issuance or reaewal of your license in the ecent you owe Minnesota sales, employer s withholdin� or ntotor vehicle excise tases; -Upon receiving this infomiation, the licensin� authority wilf supply it only to [he Minnesota Dzpartmen[ of Revenuz. However, undzr the Federal Exchan�e of Information Agrezmznt, the Dzpartment of Recenue may supply this information to thz Internal Revenue Service. Minnzsota Ta� Identification l�umbers (Sales & Use Tas Kumber) may be obtained from the StaCZ of Minnesota, Busmess Records Department, 600 Robert Street NoRh, Saint Paul, bIN (6�1-296-618I). Minnesota Tax Identification Numbzr. ❑ It a Minntsota Tax Idzntification Numbzr is not required for the business bein� operatzd, indicatz so by placino an "X" in the box. CERZ'IFICATION OF �VORKERS' COVfPENSAT[O\ COVERr�GE PURSUANT TO �SI\"\ESOTA STANTE 176.I82 I hzreb}� certify diat I, or my company, am in compliance ��'ith the �vorkers' compznsation insurancz co� erage requirzments of �'finneso[a Stahitz 176.132, subdicision 2. I also undzrstand that procision of faise information in this czrtificacion constimtes sufticient orounds for adverse action a�ainst all licenszs held, including recocation and suspension of said licenses. � Name of tiuurance Company: Policy tiunlbzc Cocernge &om to I hacz no entployzzs cocered undzr �corkers' compznsation insurance (I\I"C[ALS) 0-' 16: 20U0 AirY FAL.SIFICATIO� OF Ai1SWERS GIVEN OR �IATERIAL SUB>IITTED �VILL RESULT IN DENIAL OF THIS APPLICATIO� I hereby state that I have answered all of the precedin� questions, and that the infocmation contained herein is true and correct to the best of my knowledge and belief. I hereby state further that I have received no money or other consideration, by way of loan, gift, contribution, or othernise, other than already disclosed in the application which I herewith submitted. I also understand this premise may be inspected by policz, fire, health and other city ofFicials at any and alt times �vhen the business is in operation. ' 9 Signature (REQUIRED for ali Date Preferrzd methods of communication from this office (please rank in order of preference -"1" is most prefzaed): � Phonz 1Vumber with area code: (�+S% ) - Extensioq a'S/�Z ?> �-�� 1 (Circk the type of phone number you have listed above: Business om ,�Il � Fax Pager ) Z Phone Numbzr with area code: ( �7 �� ) � �i -� � �j `] Extension��`i !�� % � (Circlz the typz of phone number you have listed above: Business ome el Fax Pa�er ) Mail: 55fp Stace Zip+; Intemet: E-Mail Address We will accept payment by cash, check (made payable to City� of Saint Paul) or credit card (�Ias[erCard or �'isa). PAP'LNG BF' CREDIT CARD PLEASE CO.6lPL'ETE THE FOLLO{l'INC INFO&61ATIO:V: � blasterCard � V isa EXPIRATION DATE: � � � � Name of Cardhoider ACCOLJNT NUMBER: i■�■�■�■�■�■�.�■i of Card ■■■■ ■■n� for all Date **\ ote: IF this application is Food�I.iquor relatzd, plzase contact a City of Saint Paul Hzalth Inspzctor, Stzve Olson (266-9139), to reviz�v plans. If any substantial chanees ro structure are anticipated, please contact a City of Saint Paul Plan Examinzr at 266-9007 to apply for building permits. I f there are any chan�es to the parkin� lot, floor space, or for ne�c operations, pleaee contact a City o f Saint Paut Zoning Inspector at266-9008. All applications require the following documents. Please attach these documents rrhen submitting your application: 1. A defailed description of thz desian, location and square foofaoe of the premises to be licensed (site plan). The followin� data should be on the site plan (preferably,on an 8%:" x 11" or 8'/z" x 14" paper): • - Name, addcess; and phone number. - The scale should bz stated sucli as 1" = 20'. ^N should bz indicated toward the top. ._ - Placemerit of all pertinent features of the interior of the licensed faciliry such as seating azeas, kitchzos, ofFices, repau arza, � paridng, rest rooms, etc. =_ � ,'. - - -- . _ : - If a request is for an additiod or` expansioa of the licensed faciliry, indicare both the current area and the proposed ezpansion. 2. A copy of your lease agrzemenfor proof of o�4nership of the propzrty. .. -." _ SPECIFIC LICE�SE APPLICATIO\S REQUIRE ADDITIO\AL INFOR�IATION. PLEASE SEE RE VERSE FOR DETAILS >>>> o�%i 6�a000 �� ■ m Inc. d/b�ja Banglcok City Supper Club '� C'sty's Exh. No. r � ��ASS N (�� LICENSE APPLICATION THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC PLEASE TYPE OR PRINT IN INK CITY OF SAINT PAUL Office of License, (nspections and Environmental Protec[ion JSOSO Pttn5�5ui�c300 Sy�� P��4 Mmneso�a 5510? (b5p'_66-9GS0 fss(65p=bb-91?i LICENSES ARE NOT TRANSFER4BLE PAI'�IENT DNST BE RECEI4'ED WITH EACH APPLICATIO\ Typz of License(s) bein� applied for: Li Q uo ��L �� y7 S� �_ S ?'J� �� • 0� Projectzd date of openin,g: �<� CompanyNamz: �I.CC�'lI �- GfJ�nd+^GS-�Li7YJ�' - � �-� :� "� �� " Coryorat / Parmerehip / Sole Propdz orship If business is incorporated, give date of incorporation: ��+� BusinessNamz(DBA): ' ti ' �t' '' 1 C L� - BusinessPhone: ( 1 BusinessAddress(businesslocation): `'�33 >`�YG� �it�L�✓``',�T' ST-'"✓�i%T �HA.� �T�C�{ Stree[(�,Namz,Type,Direction) City Stata Zfp+.1 Benveen what cross streets is the business located'? ��-t7ff� �i f• Which side of the street? � v}� Eq S f Are the premises now occupied'? _�_ �Vhat Typz of Business? �si�- c,.� h�?�/ 1�+3 ��Fr?'{YS' �atrl�Lirr7 � ll��f 1;MVr ya2� � �1 , :�� tfa� MailToAddress(ifdifferentthanbusinessaddress):, �•J .v. �:�Ylt a s4�.� ^�T- ��J j nnaJ °"i � f'J*� _� Strect (R, Name, Typt, Direction) City S�are Zip++ � Applicant Information Iv`ameandTitlz: `l�a� � � '� O�✓t�ey First Middlz (htaidtn) Las[ Title Home Address: �Z Z �uvr }� i� reh Aid� ST. �au } M�V S5 t o y $[ree[ (", Name, T Dircc[ion) C�ry $[9[e Zip-. Date of Birth: Di�/Z f! J��s Piacz of Birth: L ct G S Home Phone: (��/ 1 yZU ' C�Ct S � Have you ever bzen convicted of any felony, crime or violation of any city ordinance other than haffic? YES , NO � Date of arrest Where? Charge: Conviction: Sentence: List licenses which you current(y hold, formerly held, or may have an interest in: �/-� i�c Y Have any of the above namzd licenses ever bzen recoked? YES �NO If yes, list the dates and reasons Eor revoca[ion: Are you goin� to operate this business personall}? 1"ES � h0 If not, who wil! operate it? r First Namz Middle Initial (�laidzn) Las[ Uata ot uirm '� r�Q /l/', ��.1 p T Ir � a � ^�' ��LZ � /v1 � �j j � N ( �S% 1 � N tl -D"�1 �5 [SumzAddstss: Strezt(�,Name,Type, -irec[ioa) Ciry Sn!a Zip=1 Phonetiumber Are }'ou going to haee a manaaer or assistant in this business? t� YES NO If thz mana�er is not thz samz as th: operator, plzase complzre thz follo« in� infomiation: fir>INamt hlidd ��p �N w S�% f tumc AddreSS: $trctt (�, Nama, Typz, (hlaiJtn) Lasc uatc ot csircn �N SSi �! (ES/� EGs Su[c Lp-1 Phane Number 0?% 1 G!2000 _ . �� Please IisT your employment history for the previous five (5) year period: B�usine�ss/Em lovm�ent Address � i _ .: . � _ � � . : . , ,., , .. _ _ .�, . Lisi all othzr oFficers of the corpozation: OFFICER TITLE HO�IE HO�fE BliSINESS DATE OF NA�fE (Office Hzld) ADDRESS PHO\E PHO�E BIRTH C��tc: d�eP oavn�� f�—,�za�t-n�u� ' M�.` IIPs� n�,✓,r!pr �r'r .�v, �..��sn�_AY, '>; ti�f%(—D�i >` �T,'-'f 6+1��OF-1/'-f Ov'-�: If business is a partnership, please include the followin� information for each partner (use additionat pa�zs if necessary): � Clf� First Namc ?' hliddlz Address: Screzt (k, Nama, Typz, Las[ Da[z oC B¢ch �l.trv �S/G ii f ES/ 1 l Z ti S[a[z Zp Phone �+umber /�{Pt� d L'�Dri� �I r ,�r Dsiz of Buth Homt AdJ�es>. Sttezt (X, Name pt, Dvtcuon) City Statz �� Phone Numb�r �� y L l S� 7 �� . c� �=i✓YS' �_ . ,� ' �;r. ,�'av1 1 n.tf✓ y� v � i �S�'.� ��>--, �� b1[NV ESOTA TAX IDE\ TIFICATION A'UNIBER- Pursuant to the Laws of �,linnzsota,1934, Chaprer 502, Arttcle 3, Section 2(270.72) (Tas Clearance; Issuancz of Licenses), licensin� authorities are required to provide to the Sta[e of blinnesota Commissioner of Revenuz, the Minnesota business ta� idzntification number and thz social security number of each license applicant. Under thz Minnesota Go�'emmen[ Data Practices Act and the Federal Privacy Act of 1974, we arz required to advise you of thz fol(o�ving regazding the use of the Minnesota Tas Identification Number. - This information may be used to deny the issuance or renewal of your license in the event you owe Minnewta salzs, employer's withholding or motor vehiclz escise taxes; -Uponreceivingthisinforma[ion,thelicensin�authoritywillsupptyitonlytotheMinnzsotaDzpartmentofRzcenuz. Ho«ecer, under the Fedzral Exchanoe of Information A�reement, thz Depaztmznt of Revenue may suppty this information to thz Intzmal Revenue Service. Minnesota Tax Identification humbzrs (Sales & Use Tax I�`umber) may be obtainzd from the State of Minnesota, Businzss Record Department, 600 Robert Street North, Saint Paul, MN (651-296-6131). Mmnesota Tas Identification Number: ❑ If a bIlnnzsota Tas Idzntification \umber is not rzquired for the business being operatzd, indicatz so by placing an "\" in thz boti. CERTIFICATION OF �VORKERS' CO�IPE�SATIO` COVERAGE PURS[J:�\T TO MINNESOTA STATUTE 176.IS2 I liereb}� czrtify [ha[ I, or my company, am in compliance widi thz �vorkers' compensation insurancz coverage requiremenG of bfinneso[a Stahite 176.18?, subdiaision 2 I also undzrstand that procision of false infomtation in this certification constitures sufficien[ �rounds for adcersz action against all licenszs hzld, including recocation and suspension of said licenses. Namz of Insurance Company: Policy �umbzr: Covera�e from to I hacz no employ'ezs cocered undee «'orkers' compensation insurance (I�ITIALS) 0? I G ?U00 5�� ANY FALSIFICATIOY OF A�S�VERS GIVEN OR �IATERIAL. SUB>II"CTED �VILL RESULT I\ DENIAL OF THIS APPLICATIO\ I hereby state that I have answered all of the preceding questions, and that the infonnation contained herein is true and correct to the best of my knowledge and belief. I hereby state further that I have received no money or other consideration, by way of loan, gift, contribution, or other«ise, other than already disclosed in the application which I herewith submitted. I also understand this premise may be inspected by policz, fire, health and other city officials at any and all times when the business is in operation. '- � ��i,o �5�� __ : .. _ Name, Type, Direction) � Date Prefertzd methods of communication from this office (please rank in order ofpreference -"1" is most prefzrred): _� PhoneNumberwithareacode: ( �i�� ) �UL( ' Qu�1 S Extension(��"sG� Z��"" �� (Circle the rype of phone number you have listed above: Business o e� Fax Pager ) ?i Phone Number with area code: ( L � f )�4`� �`'1 —^✓ ��; Extension (Cirele the type of phonz number you have listed above: Business omz Cell Fas Pager ) � .. � ,. . ._. _ � Mail: Intemei: Sienature (REQUI D for all applications) i/, E-Mail Address �Ve will accept payment by� cash, ec (made payable ta City of Saint Paul) or credit card (DIasterCard or Visa). Zip+A PA}Z\'C BY CREDIT CARD PLEASE CO.VlPL'ETE THE FOLLO�VLNC LYFOR��IATIO,�`. � MasterCard � Visa EXPIR4TION DATE: � � � � Namz of ACCOLJNT NU�iBER: � � � � � � � � � � � � � � � � of Card all **\ ote: I f this application is Food'Liquor related, plzase contact a City of Saint Paul Health Inspector, Steve Olson (266-9139), to review plans. If any substantial changes to stnic[ure ace anficipated, please contact a City oE Saint Paul Plan Examiner at 266-9007 to apply for buildine permits. If there are any chan�es to the parking lot, floor space, or for new operations, please contact a Gty of Saint Paul Zonin� Inspecror at266-9005. All applications require the tollor�ing documents. Please actacli these documents rvhen submitting } our application: 1. A detailed descxiption of the design, location and squaze footage of the pcemises to be licensed (site plan). 'Ihe follo�ein� data should be on the site plan (preferably.on an 8%i' x 11" or 8%i' x 14" papzr): - Name, address, and phone number. - The scale should be stated such as 1" = 20'. ^N should bz indicated toward the top. . - Placemznt of all pzdinent features of the interior of the licensed facility such as seating azzas, kitchens, offices, cepair area, parldng, rest rooms, etc. . � -� -`.._ � . - ff a request is for an addirion or eapansion of the licensed faciliry, indicate botfi the cusent area and tfie proposed expansion. 2. A coQy of your izase agczement or proof of o�4nziship of the property. _ SPECIFIC LICENSE APPLICATIO\S REQUIRE ADDITIO�'AL INFORDIATIO�'. PLEASE SEE REVERSE FOR DETAILS >>>> 0'JI6.'?000 � ��- 0 � , �, m Inc. d/b/a Bang iok Citv Supper Club City's Exh. No. �� ' --.� N ��I LICENSE APPLICATION THIS APPLICATIO�I IS SUBIECT TO REVIEW BY THE PUBLIC PLEASE TYPE OR PRI�IT PI INK CITY QF SAINT PAUL Office of License, Inspections and Environmental Pro[zc[ion aw sc e� sc sucro sw Sain�Paul,Ninncswa SS102 (b5p266-9090 fax(65p2fi6AL'a LICENSES ARE NOT TRANSFER4BLE PAI'rIEhT �I[JST BE RECEIVED �VITH EACH APPLICATIO\ Type of License{s) bein� applizd for: �i ��/L LI GK-nI$ = S_ �}. -�j' �6 � O p Proyected date of openin�: - Company Name: �C ��CY hLt � t C✓) Co ra[ion / Partnership / 3oI� pnztorship If business is incorporated, give dare of incorporation: � � BusinesSName(DBA): '� L.`� �j.�� }� r � � L� j y Business Addcess (business location): _� �i � r' ;�}-�^`� . StrezC (m, Namt, Typz, Direcnon) BzRveen what cross streets is the business located'? /�fl-C • f�Y Are the premises now occupied? �_ �Vhat Type of Business? Mail To Address (if difFerent than business address):,�i/ �V. �irq Suee[ (rt, D;ame, Typz, ! Statz Zip+; side of the shezt? �i✓ Y�h S� � p City SWte Zip+q y Applicant Information: NameandTitle: 1`�q! .l�it�.r� ,�I— tvic il h Firs[ , pfiddk (bfaiden) Las[ 7iUt Home Address: 5_ J/ N' ��Y� r f,j�i, �, ,Yft�-r '-�$'7 ; Pp�(S'J�'.; �' ` ,yA/ SS! o �y Strezt (�, Name, T pe, D_rcction� Ciry Stare Zip+4 Date of Birih: �P�j S'� �f Ptace oCBirth: Gi}fJ S Home Phone: (�/ 1�if.�i -0t��( 5 Have you ever been convicted of any felony, crime or violation of any city ordinance other than traffic? YES NO � Date of aaesr. Charae: _ Conviction: -� � 4 �i_ Business Phone: ( ��/) i�1�..y_ .":�T..:"'G.Y:'�_e.il ..�Si C"'}':'�'n-� City Sentence: List licenses which you currently hold, formerly held, or may hace an interest in: �9:1 -t Have any of the above named licenses ever bzen re� oked'? YES �NO If yes, list the dates and reasons for revocation: Are you going ro operate this business personalfy? YES First Name Hume Addres>: $tttet (�, Name, Typz, D�rzction) �Vhere? n (�taiden) i %r .yd',l.f I Are you goino to ha��e a mana�er or assistant in Ihis businzss? opzraror, plzase complete the follo�cin� information: Fint Nama ��Z ifu fiomeAddrtss S[met j✓ NO If not, �cho will operate i[? �f_C� Last / L� ciry stan `� Y"ES Atiddlt Initial T}pt. Directron) (�latdrn) / patc%CBirth i'S%1 /o/� { �fh� Phont \en:btr NO If the mana�zr is not thz same as the u��a oi �s�nn 6Sl � Gu{ -r� Phont \umbtr 03/ I G 2000 Please lis[ your emptoyment history for the previous five (5) year period: Business/Em lovment Address ��'rkr.� �r�l✓c� /�i��r // rf: S��fL •rig �4ii-1�97�aur-=.6lil! �Si List all other officers of the corporation: OFFICER TITLE HO�IE NANiE (Office Hzld) ADDRESS HO�IE BtiSIVESS DATE OF PHONE PHONE BIRTH � If business is a partnership, please indude the followin� information for each partner (use additional pa�es if necessary): Mnr' NYUl1✓ '� �/ First % /v. `7yi r_' (-/_i Address: $treet (lt, Namt, � ddrtss: Strezt(X, Na (biaidtn) : �'..0 f Las[ i✓r��/ S s I S[att ) Zip-3 {..�C Last �N �"�!L% State Zip y,. . �i(2a N� /v .��r `/ . � S�• Pau! �w�� Slh �5>?�.+�-fl-- MIDNESOTA TAX IDENTIFICATION NUMBER - Pursuant to the Laws of Minnzsota,1934, Chaptzr 502, Article 3, Section 2(270.72) (Tas Clearance; Issuance of Licenses), licensin� authorities are required to providz to the State of Dlinnesota Commissioner of Revenue, thz Minnesota businzss tas identification number and the sociat security numbzr of each license applicant. Under [he Minnesota Government Data Practices Act and the Federai Privacy Act of 1974, we are required to advise you of the follo�aing regardin� the use oE the Minnesota Tax Idzntification Number: -This information may be used to deny the issuance or renewal ofyourlicense in the ecen[you owe Minnesota sales, employer's �cithholdin� or mofoc vehicle excise taxes; -Uponteceivin�thisinformation,ihelicensin�au[horitywillsupplyitonlyrothzMinnesotaDzpartmen[ofRevenue. Ho�vecer, undzr the Federal Exchan�e of Information Agreement, the Department oERevenue may supply this informa[ion to the Internal Revenue Service. Minnesota Tax Identification I�umbers (Satzs & Use Tas Number) may be obtained from the Statz of Minnzsota, Business Records Departmznt, 600 Robert Street Nordi, Saint Paiil, n4� (6> 1-29GG181). Minnesota Tax Idzntification\umber. ❑ If a blinnesota Tax Idzntification Ntmtber is not cequited foc the business bzin� operated, indicatz so by p(acino an "X" in the box. CERT[FICATIOV OF WORY.ERS' C0�4PENS.AT[ON COVERAGE PURSUA�TTO MIN`ESOT.4 STANTE U61S2 I hereby certify that [, or my company, am in comphancz widi thz workers' compznsation insurancz co�'era�e rzquirements of �finnesota Stahitz 176.13?, subdiW'ision 2. I also undzrstand diat procision of false information in this certification constirutzs sufficient�round for adcersz action aeainst all licenses hzld, including recocation and suspznsion of said licznses. Name of Insurance Company: Policy \umber: Cocera�e from �o I hace no employezs co�'zrzd undzr �corkers' compznsation insurance (IVITIALS) 0' IG?�)00 Ai�Y FALSIFICATIO� OF A�S�VERS GIVEN OR �IATERIAL SLB�IITTED �'VILL RESULT I\ DENIAL OF THIS APPLICATIOY I hereby state that I have answered all of the precedin� questions, and that the information contained herein is true and correct to the best of my knowledge and belief. I hereby state furthez that I have received no money or other consideration, by way of loan, gift, contcibution, or othen� ise, other than already disclosed in the application which I herewith submitted. I also understand this premise may be inspectzd by policz, fire, health and other ciry officials at any and all times when the business is in operation. �- , for all appiications) Dste Prefeazd methods of communication from this ofFice (please rank in order of preference -"1" is most prefzrced): I Phone Number wi[h area code: ( 6�7 / ) � —CJ �(Q S Exrension Si Z�� (Circle the type of phone number you have listed above: Business omel el FaY Pa�er ) � Phone Number with area code: ( �j -rj / ) �E �j ' � � � y Extension �d �%� � 'l - �Z � (Circle the type of phonz number you have listed above: Business � �e Fax Pa�zr ) Mail: (�, Name, Type, Direc[ion) Intemet: E-Mail Address �v1.J . ��/ O i-/ SCata Zip+3 �Ve rvilf accept payment b}• cash c[� c�°(made payable to Cit}' of Saint Paul) or credit card (�SasterCard or Visa). IFPAf"I.-VG BYCREDIT CARD PLEASE C061PL'ETE THE FOLLOIVGVCINFORdIATION: � MastzrCard � Visa EXPIRATION DATE: ❑0/�❑ of Cardholder ACCOUNT NTJMBER: �■■■ ■■■■ ■■■■ ■�1�1�1 of Card for Date **\ute: If this application is Foot1'Liquor related, p(ease contact a City of Saint Paul Health Inspecror, Steve Olson (266-9139), to reviz«' plans. If any substantial chan�es ro stmcture are anticipared, please contact a City of Saint Paul Plan Examiner at 266-9007 ro apply for building permits. If thzre are any chan�es [o thz parkin� lot, floor space, or for new operations, please contac[ a Ciry of Saint Paul Zonino Inspector at266-9003. Ail applications require the follorving documents. Please attach these documents when submitting your application: 1. A dztailed description of thz design, location and square footage of the pcemises to be licensed (site plan). The following data should be on the site plan (preFerably on an 8%s' x 11" or 8%' x 14" papzr): - A'amz, address, and phone number. ° - The scale should be stated such as 1" = 20'. ^N should be indicated toward the top. - - Placement of all pzrtinent features of the interior of ihe licensed faciliry'.sucb as seating azeas, kitchens, officzs, iepair acza, parkin„ iest rooms, etc ` - If a request is for an addidon or expansion of the licensed facility, indicate both the cuRent area and the proposed expansion. 2. A copy of your izase agreement or proof of ownership of the propzrty. :.. = '.'-"- __., . SPECIFIC LICE\SE APPLICATIO\S REQUIRE ADDITIO\AL INFOR�IaTIO\. PLEASE SEE REVER5E FOR DETAILS >>» o�ri6�zuuo � � � t�. � s�:� o `�� t � � � Council File # O S.— �y Green Sheet # 113674 Presented Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Committee Date � WIIEREAS, the Legislative Hearing Officer recommends that license application (ID # 20010004373) for Liquor On Sa1e, Liquor On Sale-Sunday, Liquor Extension of Service Hours, Liquor (Patio), Restaurant (B), Entertainment, Dance Ha11, and Cigazette/Tobacco Licenses by Lucky Star, Inc., dba Bangkok City Supper Club, 733 Pierce Butler Route, be referred to an Administrative Law Judge; therefore be it RESOLVED that the Council of the City of Saint Paul hereby refers this license application to an Aduiinistrative Law Judge. Yeas Nays Absent Blakey ✓' Coleman ,/' Harris �- Benanau i/" Reiter L � Bostrom i/' Lanhy � � Adopted by Council: Date � � �� Adoption By: Approved � Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council �, � ir_ U DEPARTMENftt7FFICFJCOUNCIL oA7EwmnTED v � • -- � • City Council Offices March 20, 2002 GREEN SHEET NO � 13674 COMACT PFRSON 8 PHONE InXWID+1� InMIaVDats Gerry Strathman, 266-8560 , a ,,.�,,., a MUSf BE ON COUNCIL AGENDA 8Y (DAT� ASSIGN NUYBERFOR CrtYATTOR/EY ❑ tlIYCIFPR ROUTINA �� AIn11CAaLaFrsVICFSOR n1111VJ�LaEnVIOttTo ❑ rnvoalort�amsrwjp ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUES7m Referring the Liguor On Sale, Liquor On Sale-Sunday, Liquor Extension of Service Hours, Liquor (Patio), Restaurant (B), Entertainment, Dance Hall, and Cigarette/Tobacco Licenses by I.ucky Star, Inc., dba Bangkok City Supper Club, 733 Pierce Butler Route, be referred to an Administrative Law Judge. RECOMMENDATION Approve (A) w RejeM (R) PERSONqL SERViCE CONiRACTS MUSTANSWER iHE FOLLOWING QUESTiONS: 1. Has this perwNfirm erer vro�ked uMer a contract for this departmeM? PLANNING CAMMISSION VES NO , CIB CAMMITTEE 2. Has this persoNfirm ever been a dty empbyee9 CIVILSERVICECOMMISSION YES NO . _ 3. Ooes this persorvFim possess a sldll not namallypossessed by any curteM city employee? YES NO , 4. Is Mis pereonRrm a tarpMedventloYt VES NO F�plain all yes answers m separate sheet and attadi to preen she� INI7IATING PROBLEM ISSUE, OPPORTUNITY (Wlw, What When, Where, Why) ADVANTAGESIFAPPROVED Gouncil Research Cer�ter MAR s� �� 2002 DISADVANTAGES IF APPROVED DISADVANTAGES IF NOTAPPROVED TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETm (CIRCLE ON� YES NO FUNDING SOURCE ACTIVITY NUb18ER FlNANCIAL INFORMA710N (IXPLNtq oZ- ��. MINCTTES OF THE LEGISLATIVE HEARIIVG BANGKOK CITY SUPPER CLUB - 733 Pierce Butler Route Tuesday, March 19, 2002 Room 330 Courthouse Gerry Strathman, Legislative Aearing Officer STAFF PRESENT: Kristine Schweinler, LIEP (License, Inspections, Environmental Protection); Christine Rozek, LIEP; Tyrone Strickland, Saint Paul Police Department The meeting was called to order at 3:32 p.m. Gerry Strathman stated this hearing is being held to heaz objections to the issuance of licenses to Mai Her, Lucky's Corporation, doing business as Bangkok City Supper Club. Tait Danielson, District 7 Planuiug Council, 689 Dale Street North, appeazed and stated he submitted a letter of objection to the Legisiative Hearing Officer from their Social Concerns Committee. This letter has been accepted by their Boazd of Directors. Bangkok City Supper Club opened under new management on November 9, 2001. His understanding was the owners were managing under the license of Club Metro. Mr. Danielson attended the opening night and saw several problems with the way the establishment was nxn. Upon walking in, there was only one bouncer checking identification. Mr. Danielson was given a wrist band indicating he was over the age of 21 and could purchase drinks. There was only one person keeping individuals from going up and down the stairway into the basement, which is where anyone under 21 had to remain. After he finished lus drink, he went downstairs into the basement to check the under 21 area. The majority of the accommodations and advertisements were alcohol related. The bar still remained with no alcohol behind it. The other problem was there were many dark areas within the downstairs where someone could hide. There was not much security down there; however, there were not many people down there. Gerry Strathman asked what was being druuk downstairs. Mr. Danielson responded there was no alcohol down there. Tius was about 6:30 p.m. There was an infiltration of those over 21 going down in the lower level. From the opening night until today, there ha�e been long police reports and arrests made, stated Mr. Danielson. Bangkok is a large establishment with not enough security. They do not seem able to control their business at its peak on Friday and Saturday evenings. There ha�e been three meetings with the owners, and they ha�e made no changes. Mr. Strathmau asked if Mr. Danielson is supporting the license application if the six conditions in lus letter are placed on the licenses. Mr. Danielson responded the plauuing council suggests that these would be the minimum conditions they would like on the licenses. Without these conditions, Mr. Danielson does not see how the neighborhood and the baz would coe�st. If the owner agreed to all six of these conditions, it would still be the planning counciPs view that the license application should be denied. The planning council was trying to get the owners to agree to these conditions at a meeting. dZ Zb� LEGISLATIVE HEARING MINLTTES FOR BANGKOK CITY SUPPER CLUB Page 2 Mr. Strathman asked were the owners willing to agree to these conditions at that time. Mr. Danielson responded the biggest condirion is the one about not allowing anyone under 21 years of age to be in their establishment. That is the majority of the cause of the problems. It is e�tremely important to the neighbors and District 7 Planniug Council that tlus be an over 21 establishment. Kristine Schweinler reported Lucky Star Corporation is applying for the following licenses: Liquor On Sale, Liquor On Sale-Sunday, Liquor Extension of Service Hours, Liquor-Outdoor Service Area (Patio), Restaurant (B), Entertainment, Dance Hall, and Cigarette/Tobacco. LIEP is recommending denial of the licenses due to the operation of the business since November 1, the amount of police reports, and problems. LIEP has met several times with the applicants. They have agreed to the conditions recommended by LIEP. Even after these conditions had been signed, there were problems. Mr. Strathman asked did they agree to the condition of ha�ing no one under the age of 21. Ms. Schweinler responded no. She read the conditions which aze as follows: 1) All patrons will be checked for weapons (wanded) prior to entry; 2) E�sting e�erior video camera must be on and working during all hours of operation. Digital images will be maintained for at least 14 days. Dates and times must be correct and auailable to police and inspectors. 3) Patrons will not be allowed to loiter in the parking area. 4) Licensee will improve the lighting in the rear of the establishment by October 31, 2002. 5) A locked fence will be built to secure the dumpsters by 7une 1, 2002. 6) All employees and management will attend alcohol awareness training. 7) Wristbands will be used to identify patrons over the age of 21. No alcohol will be allowed in the area where patrons under the age of 21 aze allowed. 8) All alcohol will be secured and una�ailable for display or sale by 1:00 a.m. 9) Dress codes will be enforced at all times. No gang colors or apparel will be allowed. 10) All advertising for college or under 21 night will contain a disclaimer indicating that those under the age of 21 will not be allowed to purchase or consume alcohol. 11) Glasses, bottles, and beverages will not be allowed to lea�e the liquor service area. Debbie Shambo, 743 Englewood Avenue, appeared and stated she is a block club leader and had meetings with the owners on two occasions at the LIEP office and at District 7 Planning Council. She has a petition signed by 52 people from her neighborhood. She has heard semiautomatic weapon fire coming from the bar, she has seen fights, people ha�e been maced, she has heard shouting, and drag racing. The conditions the block club recoxnmends aze the same as those recommended by District 6 Planuing Council. (Ms. Shambo gave NIr. Strathman the petition. The petition was returned to her at the end of the meeting.) Helen Broderick, 795 Pierce Butler Route, appeared and stated she is organizing a neighborhood block club. When the owners first came into the neighborhood, she introduced herself, and they invited her to their opening night. Ms. Broderick went with her husband. She witnessed people going downstairs with drinks from the upstairs. She was surprised because she was told the oz Z�,y LEGISLATIVE HEARING NIINUTES FOR BANGKOK CITY SUPPER CLUB Page 3 upstairs and the downstairs would be sepatate. They thought things looked chaotic because it was the opening night. She walks her dog during the day there, and the parking lot has been full of broken bottles. It had not been that way in previous yeazs. Molly Quiun, '753 Englewood Avenue, appeazed and stated she lives in a house with three aduks and a dog. They all ha�e varied schedules. Late at night, they play Frisbee with the dog in the backyard. It has started to become uncomfortable to be out because of the many cars, many patrons, and loitering after hours. They haue been awakened by people playing loud musiq racing, and revvin� their engines. This activity is not fa�orable to families. Since the opening, they do not feel safe in the house and the neighborhood. Larry Paulson, 581 Blair Avenue, appeared and stated he has been in the neighborhood for 30 yeazs. He has seen other bars get restrictions on their license and it does not work. In the last 15 years, they fought hard to get the azea back to where it is suppose to be. It is right across from the playground. Tom Dunne, �95 Pierce Butler Route, appeared and stated he has doubts about the ability and the will to enforce these restrictions. On two occasions, nearly 80% of the patrol cazs were at the club, wluch meant lus neighborhood was not being covered. To enforce these regulations would require much more than any club could support in the way of manpower and surveillance equipment. He does not object to the bar business. Miaing 18 to 21 yeaz old people aze not good for the kids or the neighborhood. It creates an environment where gangs are drawn. There are a number of young cluldren on the block. There haue been previous bars in this location and there has never been a problem. Within the six months they haue been there, there ha�e been more problems than all the previous ten years. John Fulton, 1017 Englewood Avenue, appeared and stated tlus property has a large impact on the neighborhood and, because ofthat, it is different from most bazs. There is a lot of responsibility involved in running it. There is no perception on the part of the owners about how much responsibility is involved. The City has an opportunity to make a decision that is going to effect the neighborhood for yeass to come. Tlus is a good time to deny the license. Tyrone Strickland, St. Paul Police Department Comm2nder, appeared and stated he was going to check on the business because it was opening night and he wanted to make sure they were following guidelines. The first night, November 9, there was a call about a person who was assaulted. By the end of the night, the police had closed the bar because the sergeant found at least two people that were underage, dnxnk, and had drinks in their hand. There was a lot of confrontation inside and people were about to fight. There were a few fights in the parking lot. Someone was assaulted. There were 15 to 18 squad cazs to clear out the business. There were no other squad cars in Frogtown, and there were squad cazs called from another area to assist. Mr. Strathman asked were there incidents since then. Cou�ma.uder Strickland responded there was a man with a busted lip and a loose tooth who identified himself as an owner's nephew who said he was assaulted by a securiry guard. He said he would ha�e lus uncle take care of it. He oZZc�� LEGISLATIVE HEARING NIINUTES FOR BANGKOK CITY SUPPER GLUB Page 4 did not want to file chazges, but a police report was written. Mr. Strathman asked is this typical of operations like this. Commander Strickland responded the 18 to 21 age group is a problem. It has not worked with other bazs in the City. (No one else in the room wanted to raise objections.) Ms. Rozek stated the application came in with a management agreement. This was a unique opportunity to have a pending licensee operating a baz for a number of months before the City makes a decision to license the bar. The baz owners ha�e met with LIEP. There continues to be fights and police reports after they agreed to license conditions. Gerry Strathman read the objections into the record. Michael Windey, Director of West Minnehaha Community Recreation Center, 685 Minnehaha Avenue West, wrote that Bangkok City Supper Club is a problem. He cites instances ofunderage drinking, fighting, gunfire, loud noise, and trash. He observes that grounds workers ha�e to pick up trash, which they believe emanates from Bangkok. He also makes reference to drog deals being common. The other person who submitted a letter testified eazlier. Mai Her, owner, appeared and stated some of the tlungs said make the situation sound worse than it actually is. In the hundreds of yeazs that tlus country has fought against discrimination, it still continues to happen. If she were a white person doing business, there would not be as much said and people would not haue any objections. People think all Asian people aze troublemakers and gangsters. Every time she attends a meeting, people say they aze promoting gangs in their club, but that is not true. Ms. Her stated that she tries to provide a place for people to go and haue fun with their friends or relas and haue a couple of drinks. Chao Lee, owner, appeared and stated he lives two blocks from the Bangkok City Supper Club. He came to this country 20 yeazs ago. He was hoping one day to open a business like this. He did not feel he would bring any trouble to lus friends and neighbors. Club Metro was a quiet bar, and the previous owner could not afford the business any longer. The building is about $1 Million. Because they are a different race, they haue to do everytbing the license conditions require. They spent their own money installing a camera outside. The parking lot surface was broken; now, it is smooth. Now that there is a camera for the parking lot, there are no broken bottles there. Also, they agreed to secure it with a fence. It was messy in back of the railroad, but it has been cleaned now. He apologizes for bothering his neighbors, stated Mr. Lee. Their opening was a bad night. People just wanted to see the building on the first day. The person supervising that night did not handle the job well. After that night, they fired lum. As for the darkness downstairs and the signs, it was that way when they moved in. The Fire Marshall was there about two hours before people came. He said if there were too many people, they would not be able to use it. They tried to fix the light as much as they could. They have taken out all advertising signs downstairs. They are a new business and they aze trying to take care of any problems. They haue been trying to follow any conditions on their license. They haue been open O`Z-2��4 LEGISLATIVE HEARING MINUTES FOR BANGKOK CITY SUPPER CLUB Page 5 about three months now. He feels he has a lot of e�erience now and will be able to control any problems. Gerry Strathman stated he has three options available to him: 1) recommend approvai of the license application, 2) recommend approval of the license with conditions, and 3) refer to an Administrative Law 7udge. He is not prepared to do Option 1 based on the concerns raised here and the testimony received. As for Option 2, there are so many conditions enumerated by LIEP and recommended by the neighbors, he is concerned the conditions could not be monitored and enforced effectively. Also, one of the conditions essential to the dispute here is the under 21 condition. He does not haue the authority to deny this license application. It is not the City Council's custom to do that either. This is an informal hearing. There haue been a number of serious questions about facts raised and some questions about how the law will apply in tlus case. Therefore, he believes the matter should be sent to a formal hearing before an Administrative Law 7udge, who has the authority to administer oaths and other tlungs that he does not have the authority to do. After that hearing, the matter will be referred back to the City Council. Mr. Chao stated some people testified that there is too much underage drinking; however, it is hard to look at an Asian person's face and determine their age. That is why Bangkok tries to do their job and look at identification. Gerry Strathman recommended that this license application be refened to an Administrative Law Judge. The meeting was adjourned at 4:15 p.m. �