02-533Council File # ��— S 3 3
Green Sheet #
Presented By
Referred To
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the Office of LIEP.
2) There are to be no patrons admitted to the establishment after 12:30 am. and
patrons who have left are not to reenter after that time.
3) All persons entering the establishment shall be checked for weapons (wanded)
at each of the entry doors beginning no later than 830 p.m.
31 4) Management will provide the names and dates of birth of all employees and
32 security personnel to LIEP for purposes of nuuiing a background check. LIEP
33 must be notified of changes in personnel and this information will be supplied for
34 all new employees prior to their start date.
�,ommniee: Laie
1 l3 `j��
WHEREA5, the Office of License, Inspections and Environmental Protection has
initiated adverse action against the licenses held by AJS, Inc., d/b/a Brown Derby Lounge, for
the premises located at 567 Stryker Avenue in Saint Paul, based upon Saint Paul Legislative
Code §310.06(b)(8), which permits 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; and
WHEREAS, the licensee has been advised of the right to a hearing before an
Administrative Law Judge to contest the factual allegations contained in the Notice of Hearing
dated Apri126, 2002 which are the basis for the adverse action, and has been advised of the right
to appear before the Council without contesfing the facts and to argue the appropriate penalty,
but has elected to waive the hearing and stipulate to the facts and appropriate penalty; now,
therefore, be it
RESOLVED, that the licenses held by AJS, Inc., d/b/a Brown Derby Lounge, for the
premises located at 567 Stryker Avenue in Saint Paul aze hereby suspended for a period of forty-
five (45) days, with fifteen (15) days of the suspension stayed for a period of eighteen months on
the following conditions:
1) Prior to re-opening the establishment a fully operational restaurant must be
installed and must have been inspected and approved by a Health Inspector from
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36 5) Interior and exterior video surveillance cameras must be operating during all
37 hours the establishment is open. Tapes must be saved for a period of at least 14
38 days, and the dates and times of recording must be accurate and visible on the
videotapes.
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3 6) Licensee must comply with the limitations on the existing Entertainment-A
4 license or must upgrade its entertauunent license to Class -B to pernut patron
5 dancing. In addition, management must monitor sound levels of music at the
6 establishment to insure that neighbors are not disturbed by loud noise levels or
7 bass of the music being played.
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9 7) Licensee must maintain a list of patrons who have been banned from the
10 establishment for assaultive, disorderly or disruptive behavior. The list must, at a
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minimum, contain a name and description of the banned patron, as well as the
date they were advised they were banned. I�TO persons who aze on the list shall be
permitted to be in the establishment or remain on the grounds. This list shall be
submitted to LIEP monthly.
8) Loitering in the pazking lot shall not be permitted. The parking lot must be
regulazly patrolled to insure compliance with this condition.
9) Lighting in the rear of the establishment must be improved by October 31,
2002. At a minimum, this shall include two additional new lights on the back and
side of the building. Lights should be shielded to reduce the illumination onto
neighboring properties.
10) Litter on and azound the premises is to be picked up daily.
O �, -533
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26 11) Licensee shali employ off-duty police officers at a minimum on Thursday,
27 Friday and Sahuday nights from 9:00 p.m. until closing {n (� rcv+ewecF w�in 6rYt rn��"`
28 caF �re -c�ur� � ns .
29 The effective date of the closure shali begin at 12:01 a.m. on June 21, 2002 and shall continue
30 until 11:59 pm. on July 20, 2002.
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32 FLJRTHER RESOLVED, that prior to re-opening, management shall meet with LIEP to
33 determine that there is a plan in place to insure compliance with the conditions on the license.
34 Notwithstanding the thirty day closure, if a fully operational restaurant is not in place, the
35 establishment is not to re-open until a kitchen has been approved. Any delay in opening due to
36 the failure to haue an operational kitchen/restaurant shall not affect the remaining fifteen days of
37 ciosure which have been stayed.
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FURTHER RESOLVED, that Licensee shall meet with LIEP periodically as requested to
review compliance with the conditions on the license, and the conditions shall be reviewed after
a period of one yeaz to detennine whether they are still necessary.
This Resolution and the action taken is based upon the facts contained in the Apri126,
2002 Notice of Hearing and the Stipulation between the Licensee and the Office of LIEP, a copy
of which is attached hereto and incorporated herein by reference.
o a.—S3�
DEPARTMENTlOFFICE/COUNCIL oAiE ItUT1ATED �, �S �� I�
office of 'LIEP" 6=13-02 GREEN SHEET No �?�$3'�}
WN�ACT PERSON 5 PHONE InM1aVDev N�
Yirginia Palmer, 68719 � �„u„e„�„� ��
MUST BE ON COUNCIL AGENDA BY (DATEJ
June 14, 2002 � 2❑ ❑
xu�aErtFOn
rtounNc
� FwxnuaFwu¢saow. ❑ wuxuA�acavneera
�wmrtryrt�emco�r� ❑
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED
Approval o£ resolution adopting stinulation settling adverse
action against the B'rown Derby Lounge.
RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER 7NF FOLLOWING QUE57ION5:
1. Has this persoNfirtn ever vrorked uMer a coMract forthis department7
PLANNING CAMMISSION VES NO
CIB COMMITTEE 2. Has Viis pereaJfirm ever been a city empbyee9
CIVILSERVICECAMMISSION YE5 NO
3. Does this personlfitm possess a sldll not nwmallypossessed by any curreM city empbyee?
YES NO
4. Is this perso�rtn a Narpeled vendo(7
YES NO
F�ylain all yes ansvers on separate sheet arM attach W green sheet
INITIATING PROBLEM ISSUE, OPPORTUNITY (Who, What When. Where, Why)
Adverse action was initiated against the licenses held
by Brown Derby Lounge. Licensee is willing �o
stipulate to settlement.
ADVANTAGESIFAPPROVED
Avoid need for ALJ hearing, closure can begin quicklv.
DISADVANTAGESIFAPPROVED
None.
DISADVAMAGESIFNOTAPPROVFD Neighbors will exAerience additional time before hearing,
uill not have imnediate closure.
TOTALAMOUNTOFTRANSACTIONS COST/REVENUEBUDGEfHD(GRCLEON� VES NO
FUNDIN6 SOURCE ACTMTY NUMBER
FINPNCW. MFORMAiION (IXPWt�
oa-SS3
In the Matter of All Licenses held by AJS,
Inc., d/b/a Brown Derby Lounge STIPULATION
WHEREAS, the Office of License, Inspections and Environmental Protection has
initiated adverse action against the licenses held by AJS, Inc., d/b/a Brown Derby Lounge, for
the premises located at 567 Stryker Avenue in Saint Paul; and
WHEREAS, the adverse action was based upon Saint Paul Legislative Code
§310.06(b)(8), which permits 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 nuxnber of inembers of
the public and the allegations contained in the April 26, 2002 Notice of Hearing; and
WHEREAS, the licensee has been advised of the right to a hearing before an
Administrative Law Judge to contest the factual allegations contained in the Notice of Hearing
which aze the basis for the adverse action, and has been advised of the right to appeaz before the
Council without contesting the facts and to argue the appropriate penalty, but has elected to
waive the hearing and stipulate to the facts and appropriate penalty as set forth below; and
WHEREAS, the Office of License, Inspections and Environmental Protection is
recommending a 45-day suspension of all the licenses held by AJS, Inc., d/b/a Brown Derby
Lounge, with fifteen (15) days of the suspension being stayed for a period of eighteen months on
the condition that there be no further violations during that time, and that licensee agree to and
compiy with the following ten conditions:
1) Prior to re-opening the establishment a fully operational restaurant must be
installed and must have been inspected and approved by a Health Inspector from
the Office of LIEP.
2) There are to be no patrons admitted to the establishxnent after 12:30 a.m. and
patrons who haue left are not to reenter after that rime.
3) All persons entering the establishment shall be checked for weapons
(wanded) at each of the entry doors beginning no later than 830 p.m.
4) Management will provide the names and dates of birth of all employees and
security personnei to LIEP for purposes of running a background check. LIEP
must be notified of changes in personnel and this information wili be supplied for
all new employees prior to their start date.
oa-s33
5) Interior and exterior video surveillance cameras must be operating during all
hours the establishment is open. Tapes must be saved for a period of at least 14
days, and the dates and times of recording must be accurate and visible on the
videotapes.
6) Licensee must comply with the limitarions on the exisring Entertainment-A
license or must upgrade its entertainment license to Ciass -B to permit patron
dancing. In addition, management must monitor sound levels of music at the
establishxnent to insure that neighbors are not disturbed by loud noise levels or
bass of the music being played.
7) Licensee must maintain a list of patrons who have been banned from the
establishment for assaultive, disorderly or disruptive behavior. The list must, at a
minimum, contain a name and description of the banned patron, as well as the
date they were advised they were banned. No persons who are on the list shall be
permitted to be in the establishment or remain on the grounds. This list shall be
submitted to LIEP monthly.
8) Loitering in the parking lot shall not be permitted. The parking lot must be
regularly patrolled to insure compliance with this condition.
9) Lighting in the rear of the establishment must be improved by October 31,
2002. At a minimum, this shall include two additional new lights on the back and
side of the building. Lights should be shielded to reduce the illuxnination onto
neighboring properties.
10) Litter on and around the premises is to be picked up daily.
11) Licensee shall employ off-duty police officers at a minimum on Thursday,
Friday and Saturday nights from 9:00 p.m. until closing �v �-�iuv�C/ tv��in d✓��
r1�a't�i �� I'�c - 0�1QrI�-P , � .'J—
NOW, THEREFORE, parties hereto mutually agree to the following:
1) That the facts contained in the Apri126, 2002 Norice of Hearing are admitted to by
the Licensee, who aclrnowledges that they support a determination that adverse action is
warranted under Saint Paul Legislative Code § 310.06(b)(8). Licensee understands the right to a
hearing before the AL7 to contest the facts, and to contest the reasonableness of conditions being
placed on the license but hereby waives such right.
2) That the Parties agree that the recommendation for a 45-day closure with fifteen days
of the suspension stayed for a period of eighteen months on the condition that there be no further
violations is an appropriate penalty, and parties fixrther agree that compliance with the eleven
conditions (nine existing conditions and two new conditions) shall be conditions of the stayed
suspension as well. Licensee understands the right to a hearing before the City Council to
determine the appropriate penalty, but hereby waives such right.
a�.s��
3) The effective date of the closure shall begin at 12:01 a.m. on the Friday following
approval of this Stipulation by the City Council and shall run for thirty consecutive days.
4) Prior to re-opening, management shall meet with LIEP to determine that there is a
plan in place to insure compliance with the conditions on the license. A fully operational
restaurant is required prior to re-opening, and in the event the thirty day closure has been served,
but the kitchen is still not operational, the establishment is not to re-open. Any such failure to re-
open after thirty days because a kitchen has not been approved shall not affect the stay of the
fifteen days, and shall not reduce those stayed days.
5) Management shall meet with LIEP periodically as requested to review compliance
with the conditions on the license, and the conditions shall be reviewed after a period of one yeaz
to determine whether the conditions are still necessary.
AJS, Inc., d/b/a Brown Derby Lounge
/�
Office of LIEP
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