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02-688Council File # � '.1, •+ �. p'� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Green 5heet # 4 03 3'19 Committee: Date 1 RESOLVED, that the licenses held by Dinner Club 2000, Inc. d/b/a Dinner Club 2000 2 for the premises located at 1177 Ciarence in the City of Sauat Paul (License ID#: 19990005357) 3 are hereby suspended for a period of one day for the November 29, 2001 violation of service of 4 alcohol during a period when the license had been suspended, said suspension to commence at 5 12:01 a.m. on Wednesday, August 14, 2002. 7 FURTHER RESOLVED, that the Findings of Fact, Conclusions and Recommendation of 8 the Administrative Law Judge dated May 10, 2002 are hereby adopted and incorporated herein 9 by reference ..�'. ,� - � �' _ o � OFFICE OF LIEP Date: :. Roger curtis, Director July i2, 2002 GREEN SHEET 266-9013 No . 4 0 3 3 7 9 1 EPARTl�Pf DIRECTOR STY COUNCIL � TTY ARTORNEY ITY CLERR n�mam ust be on Council Agenda: �°°'° �E't' nxx�crox IN: & MGP. SVC. DIR. � s soon as possible (consent) 3 YOR cox Assxsmr,�rr� AL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That the license held by Dinner Club 2000, Inc. d/b!a Dinner lub 2000 for the premises located at_1177 Clarence in the City of Saint Paul_ (License ID # 19990005357)'be suspended for a period of one day, said suspension to commence at 12:�1 a.m. on Wednesday, August 14, 2002. Also, that the findings of Fact, Conclusions and Recommendation of the Administrative Law udge dated May 10, 2002 are hereby adopted and incorporated herein by eference. COiMIENDATIONS: APPAOVE (A) OR REJECT (R) ERSONW. SERVICE CONTRACTS MVST ANSWER TIIE FOLLOWIN6: PLnNNING WMMISSION CIVIL SERVICE Has the peYSon/firm evei wolked under a ContraCt foY thls depaitment? , COMMISSION YES NO Has this person(firm ever been a City employee? CIB COMNITTEE BUSINESS REVIEW YES NO COUNCiL Does.this person/firs possess a skill not normally possessed by any � Current City employee? Board of ZOning _ DISTRSCT COUNCIL YES NO laia all YES aaswers on a separate aL88Y and attacL. Appeals . UPPORTS WHICfI COUNCID OBJECTIVE? � INITIATTNG PROBLEM, SSSUE, OPPQRTUNITY (Who, What, When, Where, Why): n November 29, 2001 Dinner Club 2000 Inc. d/b/a Dinner Club 2000 served alcohol during a period when the license had been sus end�� �gt1�84 E VANTAGES IF APPROVED: � � �nnp Lu�e ISADVANTAGES IF APFROVED: ISADVANTAGES IF NOT APPROVED: . --_�,...._..-.�.��". OTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES N UNDING SOi3RCE ACTIVITY NUMBER INANCIAL INFORNIATION: (EXPLAIN) - � � '- I. f . . . . . .. . ♦ . ♦ S. .� .. _ t . Y � . - .:. . . , . . . . r � � � � { - . . . � . � _ . . . . . � � . . . . . . v . ( '� . . . . . . . . . h " ; .� . . ,.. . ��,� :. "1 � �ssuao'a�onasrn � � � � � � , _ . : ... - - noB•sdsn•MMm � �'�i3J1AL357V1SOd • . �►vw - ,u►vo�v� - : � : � �� r , �, � � � � ; . �:. �� � . .. �� � � � .. � ,F �. ' . . . . . . . . . .. .. , . . .. . . .. . . . 4 :� � i: . . . . . . . a y �A , �_ . .. . ; � .. �: � � �. � . . . . . . ... . . . . . ` ,; �'. ... .. . � .. . 7 ,�� . . .. .. . ... . . . . . 7 i.,k` . .. . �. . v .. '4�r . . . � .. . . . � + / .. .. . �, . ' . � � , i . . ' . . . . . � �'. � . . .. . �� � - "� . 1 , . . . . � � .� � . � � . . � . `� . � . . � . '. � . . . . . � . • ) . . � . . . . . .. . . � � . � , ' ' �. . . . . . ��.'. ;!: � . . . , � . � . . �. . . . . . . . .. .. . .. � .. :_�1 �i .� . . . . . . . � . � . � � . � . .. .. j:.. . . . . . . . . . . -.. . . . . . . ..' 9 f� .. . . . . . . . . . ! i.c . . . . � - ' J.j �i.�. . . . . . . . . .. . �-�` 1 . 1 . . . . . . . . .. . � . � � . . � . . � . . . . . .. . . � � . . . X � ���, l � . . .. . . . . . � e r )lL'��� �, . . . . .. . . : " � � �. . 1 1 1 . � � . . . . � � . . . . . � '�. '. ,< .. .. . . � .. � . . � . . . .. �� . . . . . . . .. . � p_� ,. T i �' � . .- � � : i i / I � . . . . . . � /. ... �. :' . . . � �.� Y , a. � ' � . � � . .. 1 . �: ` ✓. � . v �' .. ._ . . �'" v � 5 . . '' ° > � "� �: t � . --- -� . . � . � . . � > .c � � .. _ . . . .. . . �. . .. . . . . �� �-.� , .. .. .. . . . : . . .... . ,.. � .. .. ,: . . .. ;_ , . �, .�r • ��.. . x . �;� . . � . . . . .: � ; . . .. .. . t October 10, 2002 STATE OP' MINNESOTA OFF'ICE OF ADMINISTItATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 5540�-2138 Don tuna, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 �c� � �; 2ooz � �f � Re: Licens ID #199900 5357DOAH Docket�No. 10-60 0/ 14�868 3 Club 2000, Dear Mr. Luna: Enclosed herewith and served upon you are the Findings of Factof th s letter, we a e and Recommendation in the above-referenced matter. By coPY serving Virginia Palmer, Assistant City Attomey, and Robert J. Fowler, attomey for the recordiny. Cop e of he apes well begorwarded to you ext eek.xception of the tape Sincerely, ; ` Ct` 'y�'�� �,� KEN ETH A. NICKOLAI Chief Administrative Law Judge Telephone: 612/3410-76 sh Encs. �: Virginia D. Palmer, Assistant City Attomey Robert J. Fowler, Attomey at Law Providing Impartial Hearing for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 • TTY No. (612) 341-7346 • Fau No. (612) 349-2665 ORIGlNAL 10-6020-14868-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In re all Licenses Hefd by Dinner Club FINDINGS OF FACT, 2000, Inc., d/b/a Dinner Club 2000, CONCLUSIONS OF LAW, License ID # 19990005357 AND RECOMMENDATION A hearing in this matter was conducted on July 9, 2002, at 9:30 a.m. at St. Paul City Hall by Administrative Law Judge Kenneth A. Nickolai, serving as a hearing examiner for the St. Paul City Council. A second day of hearing was held on August 1, 2002, in St. Paul. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Blvd., St. Paul, MN 55102, appeared on behalf of the St. Paul Office of License, lnspections and Environmental Protection (LIEP). Robert J. Fowler, Esq., of the firm of Kelly and Fawcett, P.A., 2350 U.S. Bancorp, Piper Jaffray P1aza, 444 Cedar Street, St. Paul, MN 55101, appeared on behalf of the Licensee, Dinner Club 2000. The record closed on August 29, 2002, upon receipt of the final written submission. NOTICE This Report is a recommendation, not a final decision. The City Council of the City of St. Paul will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendation. Under Section 310.05(e)(1) of the City's Legisfative Code, the City Council will provide the Licensee an opportunity to present oral or written arguments to the City Council before it takes final action. Parties should contact the City Council to determine the procedure for filing argument or appearing before the City Council. STATEMENT OF ISSUE The issue in this proceeding is whether or not the City of St. Paul should take adverse action against the licenses held by Dinner Club 2000, Inc. Based upon all of the proceedings in this matter, the Administrative Law Judge makes the following: a FINDINGS OF FACT 1. Dinner Club 2000, Inc. was first issued licenses for on-sale liquor, liquor- outdoor service, and entertainment for the premises at 1177 Clarence Street on November 4, 1999'. Dinner Club 2000 is located on the east side of St. Paul and is co- owned by Ge Vang and Pao Hang. The clientele of the business is predominantly from fhe Hmong community. The establishment has been described as, until recently, the only Hmong club in Minnesota. 2. Dinner Club 2000 operates a restaurant and bar at 1177 Clarence Street. The building is surrounded by parking lots, with other retail uses located to the East and South of the premises? To the West is a City-owned parking lot, isofated from the business premises by a storm fence 3 North of the business premises is a bar and an apartment building 4 3. On the premises, Dinner Club 2000 has a lower floor that is a bar where alcoholic beverages are served. The upper area has the restaurant, a dining room, three pool tabies and a dance floor. 4. Dinner Club 2000 does not exclude persons younger than the legal drinking age from the premises. To comply with the prohibition against serving alcohol to minors, patrons with ID's showing them to be 21 years of age or older can receive a wristband from staff at the door. The policy is that only those persons with wristbands are allowed to purchase drinks. Minors are admitted to the premises without a wristband. Dinner Club 2000 has a policy restricting minors from the bar on the lower level. 5. The business exhibited problems immediately after opening, including noncompliance with the standards required of businesses that serve alcohol. As a result of these problems, conditions were placed upon the licenses issued to Dinner Glub 2�00 shortly after the business opened in 1999. These conditions included using the wristband system described above to control the sale of alcohol to minors and to monitor the doors to monitor patrons entering and leaving the premises. 6. Dinner C1ub 2000 has been subject to repeated prior adverse actions. In May of 2000 it received a two-day suspension for a failure to wand patrons as they entered the club. The City also found an after-hours sale at the club in January of 20Q1 and the club failed a compliance check in March of 2001. These two violations were considered by the City Council together on March 28, 2001. The City Council imposed a 30-day closure but stayed 25 days and imposed a$1,000 fine, so that the club was � Ex. 1 2 Exs. 28 and 29. 3 Ex. 30. ° Ex. 31. 2 a only required to close for five days. On October 24, 2001, the City Council imposed an eighteen-day suspension on the club, running until December 15, 2001 for failure to compiy with ihe wristband condition of the license and allowing underage patrons to drink alcohol 6 A one-day closure was imposed when Dinner C{ub 2000 erroneously failed to start a required closure on time. 7. On July 1, 2001, Sergeant Mercado of the Saint Paul Police Department (SPPD) responded to a noise complaint citing Dinner Club 2000.' Sergeant Mercado noted that the bass sound emanated well off of the business premises. She entered Dinner Club 2000 and instructed the DJ present to turn down the music. After the music was turned down, Sergeant Mercado left the premises. 8. On August 24, 2001, Michael Christensen, working security for Dinner Ciub 2000, cailed the SPPD to report a fight between ten males in the Weils Fargo parking lot and south side of the business premises. SPPD o�cers responded, but the confrontation ended before they arrived. 9. On August 25, 2001, security for Dinner Club 2000 called the SPPD to report an assault on the premises. Two women had been fighting inside Dinner Club 2000. When security ejected them, one woman drove her car at the other combatant. One of the security guards was injured as a result of this conduct. The driver was arrested by SPPD and booked on a charge of aggravated assault. 10. At about this time, Dinner Club 2000 was identified as a"problem properry" by the SPPD. As a result, any SPPD officer dispatched to DC2K was required to write a report as to the result of the call. 11. On September 22, 2001, O�cer Ryan of the SPPD responded to a noise complaint citing Dinner Club 2000. He found the bass "a little loud." Officer Ryan instructed the DJ present to turn down the music. The music was turned down, and Officer Ryan left the premises. 12. On October 21, 2001, Officers Henry and Jerue of the SPPD responded to a noise complaint citing Dinner Club 2000." The bass was audible from Rose Avenue, a block from the premises.� The officers instructed the DJ present to turn down the music. The music was turned down and the exterior doors were closed. "fhe officers left the premises. 5 Ex. 1. s Ex.1. ' Ex. 2. e Ex. 4. 9 Ex5. io /d. '� Ex. 6. iz !d. 3 a 13. On October 27, 2001, numerous SPPD officers were dispatched to Dinner Glub 2��� on a report of 2� people fighting in the parking lot. When the o�cers arrived they were informed by a witness that the fight had started in Dinner Club 2Q00. The fight continued in the parking lot after the patrons were ejected. Some of the combatants began smashing car windows. Several of these persons were arrested when the officers arrived on the scene. 14. On November 1, 2001, security for Dinner Club 2000 called the SPPD to report an assault on the premises. Christensen and Pao Vang Hang (an owner of Dinner Club 2000) told the responding officers that a former security guard and another male struck a male patron with a bottle. The female patron accompanying the victim was assaulted and struck with a baseball bat. She was unconscious when the o�cers arrived and required hospital treatment. Another male victim was found at the hospital, who had been injured in the initial assault by assailants using bats and chains.� 15. On November 21, 2001, Sergeant McNamara of the SPPD was called to Dinner Club 2000 on a report of an assauft on the premises. The victim was the owner, Pao Vang Hang, who had been punched in the face by a patron. The patron was identified as a gang member who had recently been released from prison." 16. On November 24, 2001, severa! officers of the SPPD were called to Dinner Club 2000 on a report of an assault on the premises. A melee had broken out on the dance floor and the victim had been struck on the head with a bottle. Officers described the crowd as "unruly."� Several persons out of a crowd in the parking lot were threatening the suspect in the assault while he was in the back of an officer's squad car. When an o�cer intervened to prevent harm to the suspect, the crowd became hostile to the o�cers. The individual who tried to enter the squad car with the suspect was cited for obstructing legal process and the officers transported the suspect to SPPD headquarters for booking? 17. On December 30, 2001, another melee took place in the parking lot of Dinner Club 2000. On this occasion, a group assaulted several self-identified gang members who where leaving the business premises. The assault resulted in at least two persons injured and an automobile damaged. A number ofi officers of the SPPD responded to Dinner C1ub 20d0 upon receiving this report. The SPPD responded the 13 Ex. 7. �a �d 75 Ex. 8. is /d. " Ex. 9. 18 Ex. 10. "' !d. zo /d. Z ' Ex. 11. � 0 following night to a noise complaint regarding Dinner Club 2000 2 As usual, the bass was tumed down and the exterior doors were closed. 18. On January 20, 2002, o�cers of the SPPD res�ponded to a call describing "100 people fighting in (Dinner Club 2000's) parking lot." The responding officers cleared approximately 80 people from the parking lot without further incident. The officers observed several people injured in the fight, including some who work at Dinner Club 2000, but no one provided information to enable the officers to investigate the incident. 19. On January 27, 2002, o�cers of the SPPD responded to a call indicating a fight at Dinner Club 2000?' The responding o�cers cleared a large crowd from the parking lot without further incident. All of the persons present were uncooperative. Security from Dinner Club 2000 identified some of the persons who had been involved in confrontations that night. The officers observed signs that a fight had occurred, including damage to a vehicle, but none of the occupants provided information about the incident 26 20. On February 9, 2002, two o�cers of the SPPD were doing a routine premises check of Dinner C{ub 2000 when they spotted a man urinating in a stairwell of the business. He was cited for public urination and booked on an unrelated warrant. 21. On February 16, 2002, numerous officers of the SPPD responded to a call of a shooting at Dinner Club 2000. Three victims were identified as having been shot while walking out of Dinner Club 2000. 22. On February 16, 2002, Officer Meyer of the SPPD responded to a noise complaint citing Dinner Club 20002 Officer Meyer instructed the security staff present to turn down the music. The music was turned down, and Officer Meyer left the premises. 23. On February 22, 2002, O�cer Hagen of the SPPD responded to a report of a fight with weapons at Dinner Club 2000. Officer Meyer spoke to Pao Vang Hang when he arrived, and was told that several males, one carrying a pool cue, had left the business after an argument, but no fight occurred. Sergeant McNamara responded to that cail and observed a vehicle being driven fast away firom Dinner Club 2000. Sergeant McNamara stopped the vehicle and observed the odor of alcohol on the ZZ Ex. 12. The date of the cail was also December 30, 2001, but Yhe previous cail took place at a�proximateiy 2:00 a.m. a Ex. 13. 24 Ex. 14. zs Id. zs /d. 27 Ex. 15. 28 Ex. 17. The shooting took place sometime after 2:00 a.m. 29 Ex. 16. This visit occurred at approximateiy 11:00 p.m. 5 e a occupants. The driver was 20 years of age. The driver told Sergeant McNamara that he had consumed beer at Dinner Club 2000, but had not gotten it from staff there. 24. On Februar�r 22, 2002, Ofificer Hagen responded to a noise compiaint citing Dinner Club 2000 3 Officer Hagen told Hang and Ge Vang (another part owner) that a complaint had been received regarding the volume of the music. The music was turned down, and officer left the premises. 25. On February 24, 2002, Officer Hagen responded to another noise complaint citing Dinner Cfub 2000 3 Officer Hagen told an empfoyee that a complaint had been received regarding the volume of the mus+c. The music was turned down, and officer feft the premises. 26. On March 3, 2�02, O�cer Kantorowicz of the SPPD responded to a noise complaint citing Dinner Club 2�0� 3 He made sure to approach the premises with his squad window down to determine the sound level at a distance equivalent to that of the apartment building nearby. Officer Kantorowicz spoke with security stafF at Dinner Club 2�00 about the noise complaint that had been received. The music was turned down, and officer left the premises. 27. On March 31, 2002, several officers of the SPPD responded to a report of shots fired at Dinner Club 2000.� Security confirmed the sound of gunshots, but no other evidence of gunshots was found. The officers did find a 17-year-old male with bruises, scrapes, and cuts. He told the o�cers that he had been assaulted by four or five males. The juvenile told the officers that he had been served alcohol in Dinner Club 2000. When asked how he was served alcohol, the juvenile responded that he merely went up to the bar and ordered the drink. The o�cers spoke to the juvenile's sister and she told them that it is easy for minors to drink at Dinner Club 2000 without being carded. O�cer Reginek stopped a vehicle speeding away from Dinner Club 2000 to determine if the occupants were involved with the shooting. None of the three occupants were of legal drinking age. Two of the occupants, ages 16 and 19, were intoxicated. Both of them told the officers that they had been served at Dinner Club 2000 without showing proof of age. The juvenile stated that he was known at Dinner Club 2000 and served there regularly. 28. On April 19, 2002, the Assistant City Attorney sent the Licensee a Notice of Violation concerning eight police calls for loud music, reports of underage drinking, and eight police calls for "assaults or fights among Iarge groups of people fighting inside the bar and outside the bar." The Notice of Violation cited Saint Paul Legislative Code 3o Ex. 18. These events occurred at approximateYy 1:00 a.m. 37 Ex. 19. This visit occurred at approximately 11:00 p.m. 32 Ex. 20. This visit occurred at approximately 11:45 p.m. � Ex. 21. This visit occurred at approximately 11:15 p.m. �' Ex. 22. The officers responded at approximateiy 12:45 a.m. 35 �d. 36 �d. 37 Ex. 23. 0 a (Code) § 310.06(b��8) as permitting adverse action against the business licenses of Dinner Club 2000. The Notice of Violation advised the Licensee of its right to a hearing, if the underlying facts of the violation were disputed. 29. By a(etter dated April 23, 2002, the Licensee requested an evidentiary hearing before an Administrative Law Judge, and advised the City that it disputed all the allegations in the Notice of Violation 3 30. A Notice of Hearing dated April 26, 2002 was served on counsel for the Licensee and set the hearing date for Tuesday, June 4, 2002 4 A notice that the hearing was rescheduled was served on counsel for the Licensee 4' 31. On the July 4 weekend, a major festival for the Hmong community is held at the Como Park soccer fields in St. Paul. As a resu{t of the influx of attendees to the festiva{, Dinner Club 2000 experiences e�raordinary traffic. To address the recurring problems at the business, the SPPD devoted a number of officers to observe the premises over that weekend. On July 4, 2002, officers counted at least 407 persons leaving the premises between midnight and 1:30 a.m. Other persons were on the premises. The maximum occupancy ofi the premises is 301 4 Officers cited a number of persons for public urination. One ofi the persons cited was 19 years of age and wearing one of Dinner Club 2000's orange wristbands a3 32. Counsel for the Licensee was permitted to review the police reports relied upon by City prior to the hearing in this matter. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter under Minnesota law and St. Paul City ordinance. 2. The City gave the Licensee proper and timely notice of the hearing in this matter. 3. Minn. Stat. § 340A.503, subd. 1(a)(2) prohibits consumption of alcohol by persons under 21 years of age. Subdivision 2 prohibits the sale of alcohol to persons under 21 years of age. Persons on the premises of establishments such as Dinner Club 2000, who are between 18 and 21 years of age, are not engaging in unlawful behavior perse. Minn. Stat. § 340A.503, subd. 4(b). sa !d. 39 Ex. 24. 40 Ex. 25. 47 Ex. 26. 4Z Ex. 35. 43 Ex. 35. A4 St. Pauf City Legislative Code Sections 310.05-.06; Minn. Stat. §§ 14.50, 14.55. �l � 4. The City has proved by a preponderance of the evidence that the Licensee has operated Dinner Club 2000 in a manner that maintains or permits conditions that unreasonably annoy a substantial number of people and endanger the safety, health, and morals of considerabie numbers of inembers of the public. 5. The St. Paul Legislative Code authorizes adverse action against a license when the manner in which a business is operated allows "conditions that unreasonabiy annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public." 6. Under the St. Paul Legislative Code, failure to comply with the conditions of a Iicense is grounds for adverse action. 7. The Legislative Code provides that violations occurring after the date of the notice of hearing that are brought to the attention of the City Attorney before a City Council appearance may be added to that notice if the licensee admits to the facts, and may be treated as a part of that appearance." The Code also provides that the occurrence of multiple violations shall be grounds for departure from the penalty matrix. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED: That the City Council order that adverse action be taken against the licenses held by Dinner Club 2000, Inc. Dated this /'0 th day of October, 2002. r � � � KF�I NETH A. CKOLAI Chief Administrative La Judge Reported: Taped. No transcript prepared. MEMORANDUM Dinner Club 2000 maintains that the basis for the City's license action is the number of police calis involving the establishment. The source of these calls, in Dinner Club 2000's view, is relevant. ft argues, for example, that the bar owner shoufd not be 45 St. Paul City Legisiative Code Section 310.06(b)(8j. 46 Section 310.06(b)(5). 47 Section 409.26(c). `..y a penal+zed for seeking police assistance. However, the C+ty has shown that the events underlying the calis are serious and related ta the operation of Dinner Club 2000. The source of the calls is not relevant when the reasons for summoning the police are related to the operation of the licensed business. The City has demonstrated by a preponderance of the evidence that fights, some with serious injuries, have occurred on or in the vicinity of Dinner Club 2000. Licensee maintains that bar fights happen with establishments that serve alcohol and these incidents do not support adverse aetion. Licensee also maintains tfiat only fights inside the business premises should be considered in assessing the responsibility of the business. Adverse action is not supported against a Licensee by an occasional instance of bad conduct by a patron. But the record in this matter demonstrates that bad conduct occurs on or near this business on a regular basis. The frequency and severity of the assaults support taking adverse against the business. Actions occurring in the parking lot of the business or even off of the business property altogether can support adverse action, where the business is the focus or cause of those actions. The assaults at Dinner Club 2000 endanger the health and safety of patrons, employees, and passersby. The conduct is sufficiently severe to support adverse action in this matter. Providing alcohol to underage persons is a per se ground for adverse action against a Licensee, since such conduct violates both State law and the St. Paul Legislative Code. Licensee asserts that the evidence on such violations is insufficient because it would not be admitted in a criminaf proceeding. Further, Licensee maintains that there was no opportunity to chalienge the veracity and credibility of the young underage persons 4 The evidence of underage drinking consisted of officer testimony and police reports relating what the officers were told and what additional evidence could be gathered. In each case of underage drinking, the officers identified the name of the person cited. Additionally, the address and date of birth of the person cited are listed in the report. The source of the information, typically a Minnesota driver's license, is identified. There has been ample opportunity fior the Licensee to investigate these allegations and call these persons as witnesses in this matter. The record in this matter demonstrates that Dinner Club 200� failed to properly check identification before issuing wristbands. This failure defeated the purpose of the system, which is a condition of licensure. Underage persons repeatedly obtained the wristbands, which allowed these patrons to purchase alcohol without a subsequent "� ln the Matfer of A/l Licenses He/d by Metro Bar & Grill, Inc., dJb/a Arnellia's, for fhe Premises at 9183 University Avenue, Saint Pau/, License /.D. No. 54523, OAH Docket No. 9-2111-12640-3 (ALJ Recommendation issued Aprii 2000); ln the Matter of Tobacco Dealer, Grocery, Food Manufacturer, and Gasoline Fiiling Station Licenses Heid by imman Conoco, for Premises Located at 2606 Penn Avenue North, Minneapolis, OAH Docket No. 12-6010-1A346-3 (ALJ Recommendation issued January 14 2002). 49 See, RespondenYs Post Hearing Brief, at 6. 0 check of their ages. The police identified other underage patrons, including juveniles, who indicated that they were served at Dinner Club 2000 on a regular basis, without obtaining wristbands. As discussed above, serving alcohol to underage patron is a per se ground for adverse action against a business license. The penalty imposed by the City Council on October 24, 2001, expressly considered the severity of the violations, the repeated nature of fhe violafions, and the inability of the Licensee to address the problem. All of these aggravating factors are present in the more recent instances of serving underage patrons and these factors support imposition of severe penalties on Dinner Club 2000. Licensee asserts that the repeated noise complaints should be disregarded because only one person has been identified as contacting the police regarding noise. LIEP responded that the officers applied the noise standard for any business when responding to the complaint. The source of the complaint, in LIEP's view, is irrelevant. The Code provision cited to support adverse action against Licensee expressly requires proof of "conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public." Whether the number of individuals who telephone in noise complaints is 1 or 5�0, the appropriate test is whether noise conditions being created are of such to annoy, injure or endanger any considerable number of inembers of the public. The evidence established that there are public streets, sidewalks, other buildings and residentia! dwellings that are within hearing distance of the noise. When responding to a complaint, the officers verified the excessive noise - hearing it before reaching the properiy. While Dinner Club 2000 cooperated with o�cers by reducing the volume and closing the exterior doors when asked, Dinner Club 2000 consistently failed to take steps to reduce the volume of noise despite being aware of the many complaints. Finally, in its brief, Dinner Club 2000 alleges this case is the result of bias and racism. For example, the brief states that Sgt. McNamara is "biased and is a racisY' 51 The Administrative Law Judge disagrees. Sgt. McNamara and other witnesses presented by the City were credible and focused on the nature of the incidents that occurred in and around the licensed establishment. There was no credible evidence that the actions of the City licensing department or police o�cers were motivated by bias and racism. The record in this matter supports the adverse ficensing action. K.A.N. � � 5o St. Pauf City Legislative Code Section 310.06(b)(S)(emphasis added). 57 Brief of Dinner Club 2Q00, p. 9. � STATE OF MINNESOTA OFFICE OFADMINISTRATNE HEARINGS ADMiNiSTRATIVE LAW SECTION 100 WASHINGTON SQUARE, SUITE 1700 MINNEAPOLIS, MINNESOTA 55401 CERTIFICATE OF SERVICE Case Title: In re All Licenses Held by Dinner Club 2000, Inc., dibla Dinner Cfub 2000, License !D #19990005357. OAH Docket No.: 10-6020-14868-3 Sandra A. Haven cert�es that on October 1 Q 2002, she served a tn�e and correct copy of the attached Findings of Fact, Conclusions of Law, and Recommendation by placing it in the United States mail, properly enveloped, with postage prepaid, addressed to the following individuals: Don Luna, City Cierk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Robert J. Fowler Kelly and Fawcett, P. A. 2350 U. S. Bancorp Piper Jaffray Plaza 444 Ceciar Street St. Pauf, MN 55101 Virginia D. Palmer Assistant City Attomey 400 City hall 15 West Kellogg Boulevard St. Paul, MN 55102 IN RE: The Licenses held by Dinner Club 2000, Inc. d/b/a Dinner Clnb 2000, Inc. INTRODUCTION �£ {l~4j � y n' iS! 1� T'iIl V� 1� , �iP�Tj��- RESPONDENT'S P(���`i. �'; � S x ` . . .� . . This is a post-hearing brief regarding adverse action attempted by the City of Saint Paul against Dinner Club 2000, Inc. Up unril very recently, Dinner Club 2000, Inc. was a very unique establishment holding several liquor licenses in the City of Saint Paul. It was unique in the sense that, until ver recently, it was the only Hmong estabiishment of its l�nd in the entire State of Minnesota. Dinner Club 2000, Inc. is owned by a Hmong citizen and caters to Hmong patrons of all ages. As of late, the Club has become increasingly popular Hmong young adults. This is true because Dinner Club 2000, on weekends, has a dance club area and ahnosphere on part of the main level. The City of Saint Paul, through a letter dated April 19, 2002, gave a notice of violation to Dinner Club 2000 staring that the club had violated the St. Paul Legislative Code, Section 310.06(b)(8). See City's E�ibit No. 23. Essentially, this provision of the St. Paul Legilslarive Code is a"catch-all" provision which encompasses conduct of an unspecific nature that does not neatly fall into the categories of specific violations, but rather encompasses a broader notion that the licensed business maintains or permits conditions that unreasonable annoy, injure or endanger the health, safety, morals, comfort or repose of a considerable number of the members of the public. In addition, the City, added a new offense which essentially amounts to a fire code violation of too many people on the premises. It is important to note that the City is recommending that all licenses held by Dinner Club 2000, Inc. be revoked for the alleged violation of Saint Paui Legislative Code 310.06(b)(8), the catch-all provision. The Respondent is operating under the assumption that it cannot possibly be the City's recommendation that all licenses held by Dinner Club 2000, Inc. be revoked simply for a first time fire code violation alone, if that is proven. Such a drastic sancrion seems hardly appropriate far the City to recommend, if the catch-all provision of Saint Paul Legislative Code 310.06(b)(8) is not proven. Dinner Club 2000, Inc. urges Your Honor to keep in mind several things when evaluating the testimony, credibility and evidence as a whole in determining whether Dinner Club 2000, Inc. is guilty of any charges. First, and foremost, Dinner Club 2000, Inc. urges your Honor to keep in mind that the City must prove by clear and convincing evidence a violation of the Saint Paul Legislative Code 310.06(b)(8). This is a catch-all provision that must be carefully construed when weighing the evidence against Dinner Club 2000 to see if it has violated this provision. It has specific elements which will be discussed below which Dinner Club 2000 contends the City has failed to meet its burden of proving. Second, Dinner Club 2000 would urge your Honor to keep in mind the demeanor, the bias, and the inherent desire of all the witnesses against Dinner Club 2000 to see this place closed. It was almost as if there was an air of hatred which descended upon the room upon which the hearing was held by some of the witnesses against Dinner Club 2000. The witnesses demeanor, motivations, and ultimate dislike of Dinner Club 2000 was readily apparent in almost every witness that the City has brought against Club 2000. It was obvious and evident that wherever possible, each and every witness against Dinner Club 2000, saue one or two, was very eager to jump to the conciusions and assumprions that Dinner Club 2000 is a bad place or is guilty of various offenses without rationally looking at the evidence at hand. Third, Dinner Club 2000, Inc. would urge your Honor, when weighing this evidence and testimony, to keep in mind a common sense and real world perspecrive in reaching any conclusions. The law of this case cannot be drawn in a vacuum. The facts in this case cannot be conshued without resorting to an open-minded and fair realization of the world around us. Dinner Club 2000, Inc. simply urges your honor to keep these three principals in mind when evaluating all the testimony and evidence presented against it with an eye toward fairness that cleazly the City of Saint Paul and its agencies has not shown Dinner Club 2000. ISSUES Dinner Club 2000 would submit that there are two separate and distinct charges against Dinner Club 2000. The first is for an alleged violation of the Saint Paul Legislative Code, Section 310.06(b)(8), which Dinner Club 2000 considers a"catch-all" provision in the Legislative Code that applies to non-specific conduct that would otherwise not constitute a specific violation of the Code. If the City had good evidence on any one event, presumabiy they would have pursued a specific violation, instead they must rely upon a"catch all." Specifically, the Code states: 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. Thus, in order to prove a violation, the City must prove by clear and convincing evidence that Dinner Club 2000, Inc. has violated a specific portion of the Code. Drawing a parallei to criminal law, this provision of the Code has several elements, each of which must be proven. They are: 1. That the licensed business, or the way in which such business is operated; 2. Maintains or permits condirions that; 3. Unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of; 4. Any considerable number of inembers of the public. Each of these elements must be proven by the City in order for Dinner Club 2000 to be guilty. It is the position of Dinner Club 200Q, Inc. that the City has failed to meet this burden on 2 a number of these elements. However, the key element upon which Dinner Club 2000, Inc. has not been shown to violate this provision of the Code is sirnply that a considerable number of members of the public have not been affected by its alieged wrong-doing. It is cleaz that police officers and the Office of LIEP are not members of the public. They are clearly agents and bodies of a local govemment, and aze not members of the public. Despite how much every police officer in Saint Paul may hate Dinner Club 2000 and feels that they aze greatly annoyed or endangered by Dinner Club 200Q there is a basic principal of constitutional and general law that police officers are not considered members of the publia This is true because the actions of the police is under the color of law/authority and constitutes State action according to the most basic principals of our constiturional law. Therefore, it is the position of Dinner Club 2000, that any police officer who might be shown to be annoyed or "endangered" by Dinner Club 2000 is not sufficient proof regarding the elements of a considerable nuxnber of inembers of the public. The second charge against Dinner Club 2000 is essentially that of a fire code capacity ordinance violarion. But as previously stated, Dinner Club 2000 is under the assumption that this violation is only consolidated by the nature of its ability to be consolidated at a hearing and that if it alone were proven, and not a violation of Section 310.06 of the Legislative Code, that the fire code violarion would not be grounds for revocation. Thirdly, although not in and of itself a legal issue in the sense of it being a charge against Dinner Club 2000, there is an issue in this case, if not a legai issue but an equity issue, is one of inherent unfairness and bias against Dinner Club 2000. Unless your Honor was sitting in a different room than all the parties were, it was extremely obvious and apparent that virtually every witness against Dinner Club 2000 strongly disliked Dinner Club 2000 based its dislike on assumptions and irrational fears that did not match up with the physical evidence which did not seem to suggest the conclusions that they were reaching. In short, whenever possible, the witnesses against Dinner Club 2000 stretched to find assumptions against Dinner Club 20Q0 wherever possible, even in the face of evidence to the contrary. ARGUMENT 1. A violation of the catch-all provision of Saint Paul Legislative Code 310.06, Subd. (b)(8) was not proven by clear and convincing evidence. Essentially, what the City's case against Dinner Club 2000, Inc. regarding the alleged violation of Section 310.06(b)(8) amounts to nothing more than a house of cards. There really is no substance to their claim that a considerable number of the members of the public have been adversely affected in any way by the actions of Dinner Club 2000. A careful analysis of the evidence indicates that although there has been numerous police calls to the address of Dinner Club 2000, Inc., the real question is which came first, the chicken or the egg, so to speak. The police, by unfairly targeting Dinner Club 2000 as a"probiem property" has, in essence, caused there to be a higher number of reported incidents against that address. It was clear in the testimony of almost all the officers who testified that they were required to make mandatory reports. Although each officer in the administration denies that this caused a higher 3 number of police reports, it simply flies in the face of credibility and common sense for it not to be the case. If an officer is required to write a report every time he or she has an activity with Dinner Club 2000, clearly there will be more police reports written against Dinner Club 2000, as it takes away the officer's discretion to write a report or not. It is imperative to conduct a cazeful analysis of the police calls that appeaz for the relevant time period o£July 1, 2001 and March 31, 2002 as they appeaz in Eachibit 27. Please keep in mind, you Honor, that we only have true data for the incidents which generated a"report" which, according to Dinner Club 2000's data, totaled 33 incidents. Dinner Club 2000, Inc. would ask your honor to take a look at E�ibit 32 which is a breakdown of the list of police calls that actually generated a report, and the pie chart demonstrating the percentages of these calls in E�chibit 34. It is the position of Dinner Club 2000, Inc. to haue an adverse inference based on simply a call which did not even generate a report is fundamentally unfair and is completely lacking of any evidentiary value, as we don't know the underlying basis for any of the calls that did not generate a report that appear in E�ibit 27 are. In fact, it is Dinner Club 2000's recollection that Exhibit 27 was received only to the extent that the highlighted portions were to be considered as evidence, that appeaz to have generated reports, and that the dates priar to July 1, 2001 were not to be admitted or considered. Carefully scrutinizing the 33 police calls which generated reports, clearly indicates that fully 11 occasions of the 33, or one-third of all calls, were initiated by the Club for requests for police assistance. These appear in Exhibit 32 under the heading "Club Requests for Assistance." The City has introduced the underlying police reports over Ainner Club 2000's objection, but at least your Honor can get a sense from the reports of what the nature of the call was. To be clear, under Club requests for assistance, Dinner Club 2000 called upon the police for their assistance to help assist its staff in keeping order or in protecting the public, ar in reporting unrelated crimes such as theft from a safe, burglary of a table-top video game or reporting fire damage to the building. What was extremely shocking to Dinner Club 2000 that came out at the hearing from both the LIEP representative, Ms. Schweinler and from several of the officers, most notably Sgt. McNamara was that too many police calls to a property means that the owner cannot control the property regardless of what the nature of the call is. This cannot be the law of the land in a free democracy where property rights have, far a long tradition, been held to be a cornerstone of our rights. In other words, Dinner Club 2000 and counsel fmd it shocking that if your property is vandalized or stolen from, or otherwise in need of police services, that these services should be held against you because you are somehow at fault. This is not a strict liability situation. Sometimes things happen to various properties for various reasons. Would it have really been the preference of the St. Paul Police Deparhnent for Dinner Club 2000 not to have called the police to request their assistance if they felt a situation warranted it? In fact, it is obvious that public safety is better served by the Club owners being responsible in calling the police where they feel they need their assistance. The police may feel that this is quite a nuisance, but frankly it is their job. In fact, one of the officers that testified, Officer Griffen, personally tesrified that Dinner Club 2000 annoyed him. He felt annoyed that he had to respond to this property. Simply put, that is just too bad. It is his job. Dinner Club 2000 should be able to expect the same level of cooperation and help from the police as any other property owner, without fear of the fact that � they use their services to be used against them in other proceedings. Again, it begs the quesrion, which comes first? The chicken or the egg. Further scrutinizing the reports outlined in E�chibit 27, indicate that there were only two reports of assaults inside the Club over the almost one and a half yeaz time span in question here. Two fights occuniug inside of a liquor establishment in over one year is not unreasonable. I believe common sense and real world analysis would indicate that over the course of a year and one-half, many, many establislunents would have at least two fights that occur inside the bar. It is a simple reality, as one of the officers testified, that alcohol, males and young females sometimes create a violent miac. However, does this reflect upon any wrongdoing of Dinner Club 2000 or its management? Of course, it does not, so long as Dinner Club 2000 is taldng every reasonable step to provide security, metal detectors, to check for proper age and idenrification, and otherwise monitor the premises so as to keep the place safe. As one of the officers testified, I believe it was Officer Hagen or Officer Henry, sometimes there is simply no way to avoid a fight which may, on occasion, break out very suddenly and spontaneously without waming. Certainly that was the testimony of Dinner Club 2000 chief security member, Mr. Christianson. In short, while unpleasant, sometimes things such as fights spontaneously and unexpectedly do happen at establishments that serve liquor. Dinner Club 2000 also feeis that Ms. Schweinler was being less than credible when making comparisons to other establishments than Dinner Club 2000. Ms. Schweinler was quick to maxisnize and to jump to conclusions against Dinner Club 2000 when it was in favor of the City closing down Dinner Club 2000. However, she was vague and dismissive of comparisons which tended to show that Dinner Club 2000 was not as big of a problem as she made it out to be. An example of this, where she was able to recall countless incidents where, in her opinion, Dinner Club 2000 was more severe in its conduct than other establishments, and couid not even be tnxthful with your Honor when indicating that this particular provision of the Code has not been used very frequently. In fact, it is Dinner Club 2000's contention that this portion of the Code has not been used in recent history, meaning many years. Ms. Schweinler would have been able to point out specific establishments that are alleged to have violated this Code had they occurred. Further analyzing the reports outlined in E�ibit 27 shows that five of the police reports occurred solely in the parking lot and quite possible may not have been on the properiy of Dinner Club 2000. And seven noise complaints were by one person- Betty Morton (the only citizen identified as ever having made a noise complaint), whom the police never even bothered to interview to see if she was perhaps an oversensitive neighbor. Yet the police hold to the assumption that these incidents bear against Dinner Club 2000. Lastly, but more importantly, there were six reports that can only be described as incidental to the management in the operation of Dinner Club 2000. These are listed under the heading "Incidental Reports" in Exhibit 32. Yet these calls aze being used against Dinner Club 2000 in indicating that the property needs more "police service" and that it is a"problem praperty „ In essence, while the focus of this hearing shouid have been upon what the management has done to violate the Code, it is clear that in many of these instances which generated reports, the only persons to blame were unruly patrons that had already left the establishment or had � already done some other crime or wrongdoing not related to their patronage within the Club. Thus, how can one reasonably expect to hold Dinner Club 2000 responsible for their actions? Dinner Club 2000 respectfully would ask your honor to review each of the police reports in question and would hope that your honor would also conclude that there is not much substance to the violations that relate to the operafion and management of Dinner Club 2000. One such incident in particular, however, needs direct comment as the event in question is serious, although not again related to Dinner Club 2002's management or operation. The shooting incident that occurred on property adjacent to Dinner Club 2000 requires special attention because of its potenrially inflaiiunatory nature. (See Exhibit 17). What is apparent from the report is that cleazly two of the shooting victims were patrons of Dinner Club 2000 at some point eazlier in the evening. However, one of the victims, Long Pha, stated that it was an uneventful night inside Dinner Club 2000. Furthermore, the security staff at Club 2000, including Mike Christianson, had indicated that there were no altercations or fights inside the Club that night and they assisted in the investigarion by providing police with as much information as they had auailable. The police may have discovered limited amounts of physical evidence regarding this "shots fired" assault, including one sheil casing found on the south side of a lot adjacent to Dinner Club 2000. They have no suspect information and, as of yet, have no potential to solve this crime. However, it is clear that there is no evidence to indicate that the shooter was a Dinner Club 2000 patron. Tn fact the evidence and common sense clearly dictates that the shooter was likely somebody who had planned to assault the two intezided victims for some time and not a random act of violence. Since Dinner Club 2000 is fairly unique in the State of Minnesota insofar as it has a high percentage of Hmong clientele, it is entirely reasonable to assume that if a criminal, such as the shooter in question here, wanted to target a Hmong individual, it would be reasonable to start with Club 2000 as one of the possible locations of the target person. That a criminal comes outside of the location of Dinner Club 2000 with the intention of shooting the patron is wholly beyond the control of what management can do at Dinner Club 2000. It is incidental and not related to the management of the Club. It is unforiunate that violence exists in our society. However, it is reality and Dinner Club 2000 should not be punished for the deranged actions of a criminal. In short, the shooring could have occurred anywhere. Likewise, Dinner Club 2000 would also like to address the charges that there was underage drinking as alleged in the police reports. First of all, just become something appears written in a police report doesn't mean that it happened or that its true. Dinner Club 2000 feels that it is fundamentally unfair for a police report to be admitted into evidence when it otherwise would not be admissible in a criminal matter on the same issues. However, Dinner Club is confident that your Honor will give the police reports the appropriate weight, especially considering that none of the witnesses who were alleged to haue been consuming alcohol underage testified at the hearing. Further, this gave Dinner Club 2000 virivally no opporhuiity to challenge the varacity and credibility of these young people. Furthermore, the voracity of the allegations depend on the officers ability to conduct an unbiased and thorough investigation. It is clear that when each of the incidents where underage drinking has been alleged, the officers assumprions don't make sense with the physical evidence. In one instance, the suspect underage person was found with a fake I.D. which made the 0 individual appeaz to be over 21; yet, the young individual's explanation was that he just simpiy walked up to the bar and shifted blame successfully away from himself to Dinner Club 2000. It stains credulity to believe that a young person can sunply walk up to a baz and order a drink, especially given the background and training that Club 2000 has for its staff and owners. What is obviously the more likely scenario is that the young individual went up to the bar, ordered a round of drinks with his fake I.D., and then spread these out to his friends. Of course, some of the individuals denied diinkiug at Club 2000 at all. Its entirely reasonable, if you remember real world context, that these people drank prior to entering Club 2000, at least in this counselor's life experience this is a common occurrence among underage people. On none of the occasions where underage drinking was alleged, was there an officer present at the scene at the time of the alleged sale. Furthermare, none of the bouncers were interviewed at all in any of these alleged underage drinking occurrences. The officers never obtained the security tape to verify or refute the claixns made by these people. Finally, Dinner Club 2000, via its owner and its chief security officer, Mike Chrisrianson, did testify in defense of the management of the Club. Mr. Christiansen stated, in uncontroverted testimony, the steps that the Club takes to insure that underage people do not drink; that fights do not occur within the bar; that patrons are removed from the premises if they become wu that the police are called when they need assistance and other testimony tending to show that Dinner Club 2000 is taking reasonable steps toward promoting the safety and security of its patrons and the pubic. He testified that whenever asked, the music was turned down, that they complied with a11 police orders, they assisted police in investigations, they took training on appropriate methods to ensure that their staff foliows the policies and license conditions. There is no question that Dinner Club 2000, Inc. in the past has had problems with its security. From the reports documented in Exhibit 27, it is clear that there has not been a problem whatsoever at Dinner Club 2000 with its newest security staff within the relevant time period. 2. The Alleged Fire Code Violation In addressing the alleged fire code violation, a few points need to be raised. First of all, the officers that testified regarding this case, and prnnarily Officer McNamara, their credibility is in question. There is absolutely no way that, on a whim, Sgt. McNamara decided to pick the busiest of nights in Dinner Club 2000's business with the July 4th weekend soccer tournament, to do an"ordinary" compliance check on the fire code with 5 to 7 officers. Simply put, she is lying. She carefully calculated 'm an effort to further gain evidence against Dinner Club 2000, a place she hates, knowing full well that it wouid be during the timing of this hearing. Common sense tells us that July 4th weekend is a busy weekend for any police department or any establishment; iYs a holiday weekend. Yet, this officer chose to spend her time putting together a hastily made "sting" operation against Dinner Club 2000. The evidence is also not compelling. The only evidence that we haue that Dinner Club 2000 violated the fire code is from the testimony of this officer. The police did not obtain video surveillance which would have been the optimal way to prove that there were too many people in the building. A simple hand-counter was used, which cannot be verified ar challenged by anybody. As addressed below, Officer McNamara's credibility and bias are at issue. What is 7 disappointing is that such a waste of resources was used against Dinner Club 2000 on one of the two nights of the year on which this officer lrnew Dinner Club 2000 to be very busy. The July 4th soccer toumament weekend is very important to the local Hmong culture, as is Hmong New Yeaz in November. Mr. Hang, the owner of the establishment, admitted that it may have been possible that he went over the fire code, but he also stated, with certainty, that this is not at all a common occurrence; it was simply one of the two busiest business nights of the year. In summary, if your Honor finds that there was a violation of the fire code based on this lnnited evidence, we would ask that the remedy for such a violation be a short closure or simpiy a fine being most appropriate. The revocation of all the licenses held by Dinner Club 2000 is far excessive under these facts. 3. Bias and Racism Issues Exist in this Case. In the real world, bias and racism still exists. It exists not in the form ofpeople wearing white robes and blatant statements such as "we hate Hmongs and Blacks". However, it exists more subtly, and is evidenced by the way that people treat other people, by people's assumptions, by people's ignorance, and by people's presumptions against those that are different. In this case, I am sure that your Honor was aware of numerous times that the witnesses against Dinner Club 2000 jumped to conclusions, made statements that indicated their bias, made assumptions that were false and not based on the evidence, presumed the worse from Dinner Club 2000, and on at least one instance, told your Honor through testimony, about his idea of the way that Dinner Club should be. It is with this aura of bias and prejudice that these witnesses testified. Again, it is not through overt statements that I can claim this with confidence. It is, however, through the assumptions, attitudes and predispositions from the statements that these witnesses made that this is clearly the case here. I believe that there is little doubt that Dinner Club 2000 was unfairly targeted throughout this process, and that no other white establishxnent would have ever been treated this way. Until recently, Dinner Club 2000 was the only establishment of its kind. There can be no question from the demeanor of Ms. Schweinler from LIEP that Dinner Club 2000 is disliked by that agency, that they assume the worst about it, that they were quick to rush to judgment. It is a reasonable inference to conclude that LIEP is simply out to get this place closed. Ms. Schweinler made several statements which indicates her bias and lack of understanding in this matter. She testified, by way of background, that she "saw that there was a need for conditional conditions on Dinner Club 2000's license alxnost from the beginning. She stated that she is in chazge of reviewing the police reports and directing the office in how to proceed. However, it is clear from the testimony that she was not familiar whatsoever with these reports. She made several statements that stated her negative assumptions against Dinner Club 2000 without basing it on any evidence. Even more disturbing is the attitude, demeanor and testimony of Sgt. McNamara. She stated in no uncertain terms that the patrons of Dinner Club 2000 were "gun-toting people". A careful review of the 33 police reports indicate that there was no even one complaint of a person with a gun inside or outside Dinner Club 2000. NIr. Christianson testified that he never has received any report of a patron possessing a gun inside the Club. There is simply no evidence to E support her inflanunatory remark. Further, she tesrified that she would like to see Dinner Club 2000 closed. She testified that she does not like Dinner Club 2000. She testified that, in her opinion, no other estabiishment even comes close to being as bad as Dinner Club 2000, yet she has only patrolied on the East Side and so she doesn't really have a realistic basis to judge that upon. She states she frequently pops by Dinner Ciub 2000 to keep an eye on the place; that is because she has a strong desire to see the place closed. Simply put, Sgt. McNamara is biased and is a racist. Furthermore, I tiunk it is apparent that most of the officers who testified, especially Sgt. McNamara, never conducted a fair and thorough invesrigarions into any of the claimed violations ar factors leading up to the catch-all charge. A perfect example is that of the noise complaint. First of all, it is readily appazent that nobody lives nearby this place. There are no windows facing any of the two residenfial properties that are remotely nearby. Realistically, I think it is a stretch to say that techno music can radiate magically to distances of over a block away. Betty Morton was the source of a high percentage of the noase complaints against Dinner Club 2000, where they were documented. This counselor has had the opportunity and privilege to represent police officers on both sides of the issues in his legal career. It defies common sense in police practice not to interview this person at least once in the one and one-half year time frame at hand. This is true because it would make sense if you had a hyper-sensitive neighbor to know about it. But instead, these officers took Ms. Morton at her word and never asked questions. They assumed the warse. She lived about a block away, they had her address and phone number and they could have interviewed her, but they did not. Simply put, even if the noxse levels were slightly unreasonable, there is a lot of mitigation that exists here. First of all, only one citizen can be identified as having a problem with the noise and that is Betty Morton. Furthermore, as the photos show, there is nothing nearby that could possibly be negatively impacted by techno music being played at a dance club. In short, the City is being unreasonable. Again, as noted elsewhere in this analysis, police officers are not members of the public and any alleged violation of the catch-all provision do not apply to annoyed police officers. This entire case comes down to the fact that the police department made a decision to document the various negative things about Dinner Club 2000 from their perspective and the deliberate and concentrated effort to close down the only Hmong dance club of it kind in the State. Their procedures utilized increased the number of reports and thus made it appear as if there is more evidence against Dinner Club 2000 than there actuaily is. Finally, it is with great sadness that I address the comments made by the public speakers. This counselor is outraged by the remarks of Charles Rupke, District 2 Council member. Mr. Rupke has had an agenda against Club 2000 from the Club's inception. Mr. Rupke is the self- appointed "what the neighborhood ought to be" guru. This is evident by the comments that Mr. Rupke made. Mr. Rupke stated quite clearly "we thought D'anner Club 2000 would be the kind of place where we could go and eat Hsnong food." Dinner Club 2000 never pulied the wool over anybody's eyes. When the place opened, it was clear that it had a dance floor and that it had two levels, both containing bazs. I thought that we Minnesotans were the kind of people to believe that everyone had a right to engage in legitimate business activifies and otherwise enjoy the freedoms that all citizens are entitled to, but appaxently Mr. Rupke feels otherwise. He feels that the Hmong people should not have a dance club and should not have a teen- 0 plus night for its younger members of society. These two acrivities are completely legal. I"t?�vas � f , j � � admitted so by Saint Paul officers and staff. In sutrunary, Mr. Rupke wants us to limit�inner Club 2000 to a nice fanuly-type place where white people can go to eat Hmong food. Ne'vei C�J �+�y �. before have I been tempted to lash out so harshly with words in a legal brief as I am novc% .Y�t�.__ t� m client remained com osed durin these inflamato remarks. Incidentall the commei#tsf"' i,�f^, �s�� Y P g I'Y Y> ���;� � �; from a Mr. Chao Lee, should be given no more credibility just because they come from the '""`''S mouth of a Hmong person. He is simply an employee and agent of Chuck Rupke who clearly has an agenda against Club 2000. His words shouid be given no more credibility or weight on the matter. The owner of Club 2000, Pao Hang, testified why he did not work well with Mr. Rupke's group. He started to cooperate and attend meetings and be active in the community, but was not met with a warm reception. From the outset of the opening of kus business, Mr. Hang has felt that he was unwelcome by Mr. Rupke's group, not given any support, and an adversarial relationship developed almost immediately. Mr. Hang and Mr. Christianson testified to the ways that the Club is operated and managed. The proper focus here , however, is has Dinner Club 2000 done all that it can to make Dinner Club Z000 a safe and positive place for the community? I believe the answer is yes, or at least reasonably so. This entire case is a house of cards which represents the agenda of people who are biased and prejudiced against this Hmong establishment, which does not square with the physical evidence. Physical evidence shows that Dinner Club 2000 has taken every precaution that it can to operate Dinner Club 2000 in a safe, legal and positive ananner. Clearly the club's popularity among Hmong patrons shows this. The question really becomes, are the negative aliegarions here more a function of the club's clientele or the management? If it is the cfientele, then perhaps the real issue here is that the agencies involved are biased toward the background and culture of its patrons. However, the management should not be held responsible when it has taken the necessary precautions. Dinner Club 2000 should have been able to expect assistance from the police without it being used against them on every occasion. CONCLUSION Legally speaking, Dinner Club 2000 wouid ask your honor to fmd that the City has not met its burden of proof by clear and convincing evidence, a violation of Saint Paul Legislative Code 310.06(b)(8). There is no clear and convincing evidence that shows that each of the elements of this offense, as enumerated previously, have been proven. Furthermore, Dinner Club 2000 would ask your honor to please take a realistic, common sense, real world view of the evidence that was presented against Dinner Club 2000, and be aware of the bias and prejudice that exists in this case against Dinner Club 2000, and fmd that Dinner Club 2000 is not guilTy of the catch-all provision that Dinner Club 2000 was charged with. Dated: � � ? v Z r Robert Fowier Kelly and Fawcett, PA 2350 USBancorp Piper 3affray Plaza St Paul, MN 55101 651-224-3781 [(1: Fua-27-02 04:56pm From-KELLY AND FAWCETT 6512238019 � s �c�iy a. ��.wt;c��, r'.t1. a T T O R N H Y S A T L A txi 2_SO US B.qNCORP 1 PIPBR laFrR.#Y FLAZA 44k CFaAA S'.R�ET SnINi PAUL,1v*�' S5101 ?A'PtiC.0 i. Y;,�LY SOtiv��FW� Crir+J J- iEMU.OtiS RCBEA':: ?CW1S4 5 �..2n;-:. SO;VSn:«%. R:+�« L PA;..V. T-416 P �1/11 F-123 0: Cowa.e:- GAiI.1Gr�R I.41'✓ FLR1.! (0$1)22o-3�x1 FYswiils (641) �'s-so19 F-Mail- a:1ny�@kellyandfawce[i.com FAX COVER SHEET CONFII)$NTIAL T0: ATTN: FROav1: DAT�: _ Coxnments: 7'he mformqnon conaan�ea rn thv facs:mi[e message u anorney pnvilegerl and confidenatal:nzended ortly, F e ofrhe individual or enziry named bedow. Ijzhe reader of thu m age u r she int2nded reclptent, yau are hereby nptdited Shat any dcvsemmaT�on, disfiibutton ot eapyrng oj ihA� commu7ticaAOrs is smictly prohtbided ifyou kave receiyrd =hu communuarion Fta etror, pleqse immed:giRly noidjy us by re/ephone �—� o �'• �e �. w e �� �� ���� /V?c k�L�9 � � /� z " N0. of PAGES � � (includes tlus page} Ifyau nave any qu�s:zans conrern�ng rhu f2:, pdease call 651-224-37$1 �ua-27-02 04:56am From-KELLY AND FAWCEiT 6512238019 T-416 P 02/ll F-123 . f Iti RE: The Licenses held by Aiaaer Cjub 2000, Inc. d/b/a Ainper Club Z000, Ipc. RESFONAENT�S POST IIEARING $RTEF INTRODUCTIQN This is a post-hearin� brief Tegacding adverse action attempted by the City of Saint Paul agair.st I?inner Club 2000, Inc. Up until very recen;ly, Dinner Club 2000, Inc. was a very unique establishment holding several liquor licenses in the City of Saint Paul. Ic was unique in Ihe sense that, until ver recently, it was the only Hmong establishment of its kind in the entire State of Minnesota. Ainrier Club 2000, Inc. is owt�ed by a Hmong citi2en and caters to Hmong patrons of ali a�es. As of latz, the Club has become inereasingly popular Hmong young adulTs. This is true because Dinner Club 200Q on weekends, has a dance club azea and atmosphere on paxe of che main level. The City of Samt Paul, thraugh a letter dated ApriJ 1 J, 2d02, gave a noAce of violation to Dinner Ciub ZOOU statmg that ihe club had violated the St. Paul I.egislative Code, Section S 10.06(b)(8). See City's Exhihit No. 23. Bssentially, this provision of the St. Paul Legilslative Code is d"catch-all" grovision which encompasses conduet vf an unspecific nature that does not neaily Pa11 mto the categories of specific violations, but tather encompasses a broader notion that the licensed business maintains oX pc�mits conditions that unreasonable annoy, injure or endanger ihe health, safety, morals, comfon or repose of a considerable number of the members of diz pubfic. In addition, the City, added a new offense which essentially amounts io a fire code vio�ation of Ioo many people on the premises- ic is important to note that the City is recommending that ali Iicenses heId by Din,ner Club 2QOU, [nc. be revoked far the alleged violation of Sai�Y Fau] Legislative Code 310.06(b)(8), the catch-all provision. The Respondent is operating under the assumpiion that it cannoi possibly be ihe Ciiy's recommendaiion that all licenses held by Dinner Club 2000, Ine. be xevoked simply for a first tinie fire code violacion aloae, if that is proven• Such a drasuc sanciion seems hardiy appropriate for the Cit; ta recommend, if the catch-all provision of Saini Paul Legislative Code 310.06(b)(8) xs not proven. Dinner Clnb 2000, Inc. urges Your Hozior to keep �n mind seyzral fhings when evaluating the testimo�y, credibility and evidence as a whole in determining whether Dintler Club 2000, Inc. is guiRy of any charges. First, and �oremost, pinner Club 2000, Inc. etrges your Honor to keep in inuld Ihat the City must prove by Cleaz 2nd convincing evidence a violation of ihe Saint Paul Legislative Code 310A6(b)(8)_ This is a catch-all provision that must be carefully canstrued when weighing the evidence a�ains� pinner Club 2000 to see if it has violated Ihis provisian- !t has specife zlements which Wi11 be discussed 1�e14w wkuch Dinner Club 2000 contends the City has failed to meet its buzden of pr4ving. Second, Dinner Club 2000 would ur�e your Honor to keep in mind the demeanor, the bias, and the inherent dQSire of all the wimesses against Dinner Club 2�00 to see this place Aua-27-02 04:56pm From-KELLY AND FAWCETT 6512238018 T-416 P 03/11 F-123 closed. It was almost as if There was an air of haT[ed w hich descendzd unon the roo� upon w'hich the heating was hekd by some of the wimesses againsi Dinner Club 2000_ The wimesses demeanor, motivations, and uitimate dislike of Ainner Club 2000 was readily apparent in almost every witness �ha; the City has biought against Club 2000. Tx was obvious and evident that wkerever possibie, each az1d every witness against Dinper Ciub 2000, save one or two, was very eager to j ump ta the conclusions �d assumptions that Aulnet Club 2004 is a bad place or is guilty oi various offenses without rati4r.ally looking at the evidence at hand_ Third, Dinner C1ub 2��0, Inc. wouid urge your Honot, when weighing this evidence and tesFimony, to keep in mind z common sense and real world perspective jn rearhing any conclusions. The law of thIS case cannot be drawn in a vacuum- The facts in this case cannot be construed without resorting to an open-minded and fair reaIizarian of the world axot�d ets. Dm�er Ctub 2000, Inc. simply ui'ges your hoAOr to keep these three pnncipals in mind when evaluating a11 the [esiimony and evidence presented against it with an eye toward faixrtess that clearly the Ciry of Saint Paul and its agencies has not shown Dmner Clnb 2440. ZSSUF S J�itu�er Club 2000 would submit ihaT there are t�'o separate and distinCt charges againsc Dinner Club Zflo� The first i� fQr an alleged violation of The Saint Paul Legislative �ode, Section 310.06(b)(8), which Dinner Club 200U considers a"caTch-all" provision in ihe Le;islauve Code :hat apphes to i�on-specific conduct ihat would othenvise not c�nstitute a specific violation of the Code. If the Cizy had good evidence on any one event, gresumably they would have gursued a speeific violation, instead they musc reiy upan a"ca�ch ali." Specifically, the Code states: The licensed business, or the way in which such business is operated, maintains or permits conditio�ls ihat unreasonably annoy, injure or endanger the safety, k�ealth, morais, comfon or repose of any considerable nuxnber of inembers of the public. Thus, in order io prove a v�olation, the City must prove by clear and convincing evidence thai Dinner Club 2000, Ine. has violated x specific ponion of the Code. Diawing 3 parallel to cnzninal law, this provision of the Code has several eiements, each of which musc be proven. They are: That fhe licensed bu&iness, or the way in which such business is operated; Maintains or permits conditions that; Unreasonably annoy, injure or endanget the safety, health, morals, comfort or repose of; Any considerable number of inembers of the public. Each of these elements must be pYOVen by the City in order for Dinner Club 200Q to he guilty. It is rhe posiuon of Dinner CIub 2000, Inc. ihat the Ciiy has fazled to meet this burden on 2 Au�-27-02 �4:56pm From-KEIIY AND FAWCETT 6512238018 T-416 P 04/11 F-123 a number of �hese elem�nts• However, The key element upon which Dinner Club 2000, Tnc. has r.at been shown to �ioiate this provision of the Code is simply that a considerable number of members of the public have r.ot been afiected by its alleged wrong-doing. It is cl�ar that police officers and the Office of LiEP are not members of the public. They aze cleazly agenis and bodies of a local govemment aztd are not members of the publia DespiTa how much every police officer in Saint Paul may hate Dinner C1ub Z000 and feels that they are greatXy annoyed or endangered by Dinner Club 20Q0, there is a basic principai of constituiional and general law that golice officers are not co�sideTed members of the public. "This is itue because the aetions of the police is under the colr�r of Iaw/autharity and consrirutes State acuon according to ihe most basic principals of our cqnsjituiional 1aw. T'herefote, it is the posrtion of Ainner Club 2�Do, 2hat any golice officer who might be show� to be annoyed or "endan�ered" by Ainner Club 2400 is not sufficient proof regarding the elemen[s of a considerable number of inembers of the public. The seeond charge against Dinner Club 2000 is essentially that of a fire code capacity ozdinance violation. But as previously stated, pmnec Club 2000 is under the assumption chat ihis vialation is only consolidated by the nature of its ability to be consolidated ai a hearing and that if it alone were proven, and not a violation of Section 310.OG of the Legislative Code, that the fire code violation would not be �rounds for revoCation. Thirdly, although not in and of itself a legal issue in the sense of it being a charge against Dinner Cluh 2000, there is an issue in this case, if not a legal issue but an equiry issue, is o�e of inherenz unfairness and bias agairlst Diluier Club 2000. Unless your Hpnor was sitnng m a different raom than all the parties were, it was exiremely abvious and apparent that vjrtually every wiTness against DinYt�r �lub 2000 strongly disliked Dinner Club 2000 based its dislike on assumptions arid irrational fean that did not match up with the physicat evidence which did not seem to suggest [he conclusions that they were reachzn�_ In shori, whenever possible, the witnesses against Dinner Club 2000 stYeiched t0 find assumptians againsj Dinner Club 2000 whereve: possibie, even in 2he face A�evidence to the contraty. w12GJ.1MENT A violatian af t6e catcp-aU provision of Salut PBuI Lrgislative Code 310_06, Subd. (b)($) was not proveu by clear aud c4aviacing evidence. Essentially, what the City's case against Dinner Ciub 20Q0, Inc. regarding che aileged violation of Secuon 310.06(b)(&) amounts to notlling more than a house of cards. There really is �o substanCe to their claim that a considerabie number of the members of the public have bzen adversely 2ffected in any way by the actions of pinner Club 2000. A caze£ul analysis of the evidence indicaies ihat ahhQUgh there has been numerous police calls to the address of Ainner Clvb 20op, Inc., the real question is which came first, the ehieken oz the ebg, so to speak. The police, by unfaiily targeting Ainner Club 2000 as a"pro6lem property" has, in essence, caused there to be a tugher number of reported incid�nis against that a4dress. It was clear in the testimony of aimost all the officers who testified that they were required to �ake mandatory reports. Although each officer in the adminisuation denies tha[ this caused a high� Aua-27-02 �4:57pm From-KELLY AND FAWCETT 651223BO1B T-416 P 09/11 F-123 numbzr of police repor[s, it simpty flies in the face of credibility and common sense for it not to $e the case. If an officer is required to write a repon every time he or she has an activity with Ainner Club 2000, clearly there will be more police repons written against Dinner Club 20Q0, as it tales away the afficer's discretion to write a report or not. it is imperative to conduct a careful analysis of the nolice ca12s that apgear for the :elevant time period of 7uly F, 206F 3nd March 31, 200? as they appear in Bxhibit 27. Please !:eep in mind, you Honor, that we only have tnte data for the incidents which generated z"reporC" which, according to Dinner Club Zfl00's dat1, totaled 33 utcidents. Dinner Club 2000, Inc. would ask your honor to take a look at Ea�hzbit 3Z which is a breakdown af the list of oolice calls that actualty generated a report, arid the pie chatt demonstrating ihe percenta�es of ihese calls in �?xhibit 34. It is the position of Ainner Ctub 20Q0, Inc_ ta have an adverse inference based on simply a call which did noi even gener$te a repon is fundamentally unfair and is compietely 2aCking of any evidez�tiary value, as we don't know the u4derlying basis for any of the calls that did not generzte a report Thai appear in &xhibit 27 zre. In fact, it is Dinner Club 2000's recoilection that Bxhibit 27 was reCeived only eo che ex[ent �ha[ the highlighted por�ions were to be considered as evidence, that appear to have generated reports, and thzt th� daies prior to Iuly 2, 2Q01 were not to be admitted or considered. Cuefully scrurinizing ihe 33 police calls whiCh generafed repor[s, clearly indica�es ihat fuliy � 1 occasions of the 33, or one-third of all calls, were iniriated hy the Ctub for requests for police assistance. These appear in Exhibit 32 undex the heading "Club Requests for Assistance:' The City has inuoduced the underlying police reports over Dinner �lub 2000's objection, but zt least your Honor ean get a sense from the repons of what the nature af the cali was. To be deaz, under Club requesis foz assistance, pinner Club 200Q called upop She police for their assistance to heIp assist its staff in keeping order or in protectin� the public, or in reportin� unrelated crimes such rs theft from a safe, burglary of a tabie-top video game or repozting fire damage to the building. What was extremely shocking to Dinner C1ub 2000 that came out at the hearing from both the LIEP representative, Ms. Schweinler and from several of the officers, mos� notably Sgt. McNarnaza was that too many police calls to a property meaus that the owner cannoj conRol the property regardless of what the nasure of the call is_ This cannot be ihe law of the laz�d in a free democracy where property ri�hts have, for a]ong tradition, been held to be a comerstone of our rights. Tn other words, Dinner Club 2000 and counsel find it shocking titat if your property is vandalized or stalen from, or otherwise in need of police services, ihat these services should be held against you because yau are somehow at fault. This is not a strict liabitiry situarion. Sometimes things happen to various propenies for various reasons. Would it have really been the preference of the St. Paul Police Deparlment for Dinner Club 200Q not to have cailed the po2ice to request their assistance iFThey felt a situatian warranted it? Tn fact, ic is obvious that public safety is better served by ihe Club owners being responsibie in caliing the police where ihey feel ihey need th�ir assistance. The police may feel that this is quite a nuisance, but &ankIy ii is their job. ln fact, one of the officers thai testified, �fficer Griffetl, personally testified that pinner Club 2000 annoyed him. He felt annoyed thai he had to respond to [his property. Simpiy pu[, that is just tao bad. it is his job. Dinner Club 2000 shou]d be able to expect the same level of cooperation and help liom the poiice as any other gropeny owner, without fear of the fact [hat 0 AuQ-27-02 04:S7pm From-KELLY AND FAWCETT 6512238018 T-416 P 06/ll F-123 they use their services to be used against them in otheF proceedings- Again, it begs the ques[ion, which comes fitst? The chicken or the egg. Further scrutini2ing the reports outlined in Exhibit 27, indicate that there were onIy two reports of assaults inside tF:e Club over the almost one atid a half year time span in questian here. Two fights occurring inside of a liquor establishment in over one year is not unre$sonable. I believe common sense atld reai world analysis would indicate that over the course of z year and one-half, many, many establishments would have at least two fights that occur inside ihe bar. lt is a simple reaiity, as one oF the officers testified, that alcohol, mates and young females sometimes create a violent mix. However, does this reftect upan any wrongdoina of Dinner CIub 2000 or its management? �f course, it does not, so long as Dinner Club 2000 is takit�g every reasonable step to provide securiry, metal detectors, to check for proper age and identification, and oih�twise monitor ihe premises so as to keep the place safe. As one of the officers [estified, l believe it was Officer Flagen or Q�Cer Heicry, sometimes rhere is simply no way to avoid a fi�t which may, on oceasion, break aut very suddenfy and spontaneously without waming. Certainly that was the tesiimopy of Dinnex Clab 20Q0 chlef secui�ty member, ?vfr. Chr�stianspn. ln short, wkiile unpleasant, sqmetimes things such as fights spomaneously and uriexpectedly do happen at establishments that serve 1lquor. Dinner C1ub 240o also feels thaT Ms. Schweinier was bemg less tltan credible when making comparisons To other establishments than Dinner Club 2�Q�. Ms. Schweinler was quick to maximize euzd ta jump to conclusions agaiAst Ainner Club 2000 when it was �n favor of the City clasing down Dinner Club 2000. However, she was vague and dismiSSive of comparisons which tended to show that Dinner Club 2000 was not as big of a problem as she �Y1ade i[ out to be. An exampie of this, where she was able to recall countiess incidents where, in her opinion, I�inner Club 20Q0 was more severe in its conduct than other establishments, and could not even be truthful with yQUr Honar when indicating thai Ihis puticular provision af the Code has noi been used very frequently. ln fact, it is pinner CFub 2000's contennon that this portion of the Cpde has not been used in recent history, meaning manY years. Ms. Schweinler wauld have been able to point aut specific estahlishments that are a�leged to h�ve violated this Cqde had they occuned. Further anatyzin� the repons outlined in Exhibit 27 shows that five of the police repoz'ts occuned soleIy in tbe parking 1ai and qui2e possible xnay not have been on the prapeny of Ainner Club 2Q00. And seven noi�e Complaints were by one petson- Betty MoMon (the only ciri9en identi�ied as ever having made a noise compiaint), wham the police never even bothered to interview to see if she was perhaps an oversensitive neigli6or. Yet the pQtice holfl to the assumption [hat these incidepts t�e�r agains[ Ainner Club 20Q0. Lastly, but more impon�tly, there were six repons ihat can only be described as incidental to the tnanagement in the ogeration of Dinner Club 20�0. These are listed under the heading "Incidental RepoMS" in Exhibit 32. Yet these calls are being used against Dinner Club 2000 in indicating Tt1at The progerty needs more "police service" and thai it is a'�roblem prop „ In essence, while ihe facus of tI:is hearing should have been upon �'hat the management has done to violate the Code, it is clear that in mariy of these instances which generated xeparts, the only persons to blame were unnily patrons that had already left the esta6lishment or had 5 P.ua-2T-02 04:58pm from-KELLY AND FAWCETT 6512238019 T-416 P 07/11 F-123 already done some other crime oc wYOngdoinb Aot relate�i To their patronage within the Club. Thus, how can one reasonably expect to hoid Dinner Club 2Q00 responsible for their actions? Dinner Ciub 2000 respecifully would ask your honot to review each of the police reports in question and woutd hope that your honor would also conclude that there is not much subetance to �he violations that relate to the operacian and management af Dinner Club 2000. One such incident in particular, however, needs direct commenT as ihe event in question is serious, alihough noi again related to Dinner Club 20U2's management or operation. The shoating incident that occurred on properry ad}acent to Dinner Club 20Q0 requiCes special attention because of ics potentially inflamrnatory nature. (See E�chzbit 17). What is apparent from the report is that ciearly two of che shQOt�ng vietims were gatrons of Dmner Ctuh ?000 at some point eulier in th� evening. However, one of ihe victims, Lopg Pha, staEed that it was an uneve�tful night inside Dinner Club 2Q00. FurChermore, the securiry staff at Club 2000, including Mike Christianson, bad indicated that there were no altercations or fights inside the C;ub that night and they assisted in the invesIigation by prpviding police with as much information as Shey had available. The police may have discovered limited amounts of physical cv�dence regarc�ing thls "shots fired°' 3seault, including one shell ezsing found on the south side of a lot adjacen[ to pizliizr Club 2000. They have no suspect infprmation azid, as of yet, havz no potential to solve �his crime. However, it is clear that there is no evidence to indicate that t�ae shooter was a Ainnet Club 2000 patron. In fact The evidence and common sense clearly dictates that t$e shooter was likely somebody who had pldnned to assault the two mtended victims for some time and nOt a r2ndom act of violence. Since Dinner Club 2000 is fairly unique in the State of Minnesota insofar as it has a high percentage of Hmong clientele, it is eiltirely reasanabt� to assume that if a criminal, such as the shooter in question here, wanted to target a HmonD individual, ii would be Feasanable jo start with Club 200Q as one of the posSible locations af the target person. That a criminal comes ouiside of the Ipcation Qf Dinner Gub 2000 with ihe intention of shooting the palron is wholly beyond the controi of whai management can do at Dinner Club 2000. It is incidenial and not related to the management of the Club. It is tulfortunate tYtat vi4lence exists in otu saGiery. However, ie is realiSy and D�nner �lub 2000 should not be punished for the deraClged actions of a criminal. In short, the shooting could have occurred •anywhere. Likewise, Dinne* C�ub 2U00 would also like to address the charges that there was underage drinking as atieged in the police reports. First of &11, just beCOme something appears written in a police Yeport doesn't rnean thaS it happened or thaT its uue. Dinner Club 2000 feels that it is fundamentally unfair for a police report to be admitted into evidence when it otherwise would not be admissi�le in a cnminzl matter on the same issues. f3owever, Dinner Club is confident that your Honor will give the police ieports the appropriaTe weight, especialiy considering that none of the wimesses wh4 were alleged to have been consumi�g alcohol underage testified at the hearing. Funher, ihis gave Pinner Club 2000 virsually no opportunity to chaUen�e �he voracity and credibility of tkese young peopte. Furthermore, the voracity of the allegations depend on ihe officers ability to conduct an unbiased and thorough investigation. It is clear that when each of ihe incidents where underage dn�kin�, has been alleged, the afficers assumptions don't make sense with the physic3l evidericz. In one instance, th� suspect underage persoa was foutld with a fake I.F. whxch made the Aua-27-02 04:58pm From-KELLY AND FAWCETT 6512238018 T-416 P OB/11 F-123 individual appear to be over 21; yet, the young individual's expTanation was that ne just simply waiked up to the bar and shi8ed b1�1e successfully away &om himseif to Dinner CIub 2040. It stains credulity co believe that a young person can simpiy walk up eo a bar and order a drink, especially given the bxckground and uaining thaT Club 20a4 has for its staff and owners. What is obviously the more likely scenario Is that the young individual wetlt up to the bar, ordered a round of drinks with his fake I.D., and then spreaci these out to his friends. Of coi:rse, some of the individuals denied drinking at Club 2000 at all. Its entirely reasonable, if yau remember real worl$ contexT, that these people d�ank prior io enteiing Ciub 2000, at least iZ t,'�is couaselor's life experience this is a common occurrence among underage peaple. On none of ihe occasians whete underage drinking was alleged, was there an afficer present at ihe scene at the time of the alleged sale. Rurtherntore, none of The bouRCess were interviewed at aIl in any of these alleged underage drinking occurrences. The officers never oY�tained ihe security tape to verify or refute the claims made by these people, Finally, Dinner Ciub 2Q00, via iis owner and its chief security afficer, Mike Christianson, did testify in defense of the management of che Club. IVIr. Chzistiansen stated, in uncontrovened iesIimony, the steps tha[ the Club taY.es to irisure thai underage people dp naL drink; thai fights do not occur within the bar; chat patrons are removed from tkie preiuises if they become unruly; Lhat the police are called when they need assistance and other testimony iending to show that Dinner Club 20Q0 is [aking reasonable step& iowazd promoting the safety and security of tis patrons and the pubic. He testified that whenever asked, the music was tumed down, that they complied with all police orders, they assisied police in investigations, they fook training on appropriate methods to ensure that their staff fol?ows the poIicies and liceqse conditions. There is no t�uestian that Dinner Club 2000, Inc. in the past has had problems with iis security. From the repar[s doc,unented in 6xhibit 27, it is clear that there has not been a problem whatsoevex at Pinner C1ub 20D0 with its newesj secuncy staffwithin the reievant time period. 2. The Alleged Fire Code ViolBtion In addressing the alleged fire Code violatioq, a few points rieed to be raised. First of atl, thz officers that Testif�ed regarding this case, and primarily Officer McNamara, their credibility is in questlon. There is al�solutely no way that, on a whim, Sgt. McNamarz decided io pzck the busiest oFnights in pinner Club 2000's business with the July 4th weekend saccer tournasnent, to do an "ordinary" eompiianee ch�ck on ihe fire eode w9th 5 to 7 officers, Simply put, she is lying. She carefuily caiculated in an effart to further gain evidence against Dinner Ciub 2�00, a place she hates, knowin� fu11 Weil that it would be during the timing of this he�ing. Cammon sense tells us that 7uly 4Yh weekend is a busy weekend for any police depanment or any estabiishment; it's a holiday weekend. Yet, this officez chose to spend her iime putting together a hastily znade "stmg" operation against Dinner Club 200Q. The evidence is also not compelling- The only evidence that we have that Llinner Club 2000 vioiated ihe fire code is from the [estimony of ihis officer. T'}�e police did not obtain video surveiilance which wouid hava be�ti the oprimaI way To prove that there were ioo iriany people in zhe buildin�. A sisnple hand-counter was used, which camiot be venfied or challenged by anybody. As adciressed below, Officer McNamara's credibility and bias are at issue. What is Auy-27-02 04:59pm From-KELLY AND FAWCETT 6512238019 T-416 P OB/11 F-123 disappointing is that such a waste of resources was used against F?inner Club 2000 on one Qf the nvo nights of the year on which this officer knew Dinner Club Z000 to be very busy. The luly 4th socczr toumament weekend is very imponant to the local Hmong culture, as is Hmong New Year in November. Mr. Hang, xhe owner of the establishmen[, admitted that ii may have been possible that he went over the fire code, but he also stated, with certainry, that this is not at all a comr.ion ucc�urence; it was simply one of the two busiest business nights of ihe yeaz_ In summary, ;f your Honor finds that there was a violatio� of the f re code based on this limited evidznce, we would ask that the remedy fox such a violation be a short closure or simply a fine being most appropriate. The revocarion vf all the licenses heid hy Dinner Club 2000 is faz excessive under these facts. �, Bias aud Racism Issues Bxiat ia this Case. in the real world, bias and racism siili exists. Ii exists not in the form pf people wearing white robes and blatant statements such as "we hate Hmongs and Blacks". However, it exists more subcly, and is evidenced by the way t�az people �eat other people, bY people's assumptions, by people' � iglorance, and by people's presumptions against those that ue different. In i�us case, I am sure that your Honor was aware of numerous times that The witnesses against pinner C2ub 2Q00 jumped To copclusions, made statements that indicated iheir bias, made assumptions that were false and not based on the evidence, presumed the worse from Dinner C1ub 2000, and on at least one mstance, told your Honor through testunony, about his idea of the way ihat Dinner Club should be. it is wich tlus aura of hias aad prejudice that these wimesses testified. Again, it is not throu�ll overt stateme�iTs that Z can claim This with confidence. It is, however, through the assump2ions, attltudes and predispositipns frosp che statements �hat these wimesses made that this is cieariy the case here. 1 believe that there is Iittle doubt that Dinner Clt�b ?Q00 was unFairly targeted throughout this process, and thai no other whice establishment would have ever bevzi n•edfed this way. CJntil recently, Dinner Club 2000 was the only establiskunent of its kind. T'here can be no question from the demeanor of Ms. Schweinler fram I,IEP that Dituier Ciub 20�� is distiked by ihat agency, that they assume the wozsz about it, that they were quick to tush ta judgment. It is a reasonable inference ta conclude that i.lEP is simply out to get this place cipsed. �ls. Schweinler made several statements which it�dicates her b�as and lack of understanding in this matter. She testified, by way of Uackgrotizld, that she "'saw Ihat there was a need for condiiional conditions on Dinner Club 20Q0's license almost fiom the be�;inning_ She stat�d that she is in chacge of reviewing tbe police retaons �nQ direciing The off ce ln how to prpceed. However, it is cie� from the iestimony ihat she was not familiar whatsoever with these reparts. She made se�eral statements that stated her negative assumptions against pinner Club ?440 without basing it an any evidence. �ven more disnubin� is the attitude, demeanor and testimony of SSt• I�cNamara. She stated in no uncertain terms 2haT the pajsons of pinner Club 2004 were "gun-toting people". A careful r�view of the 33 police repo�ts indicate thac therE was no even one complamt of a persfln with a gun inside or outside DinnEr Club 2UOU. Mr. Ghristiatison testifzed that he never has received any report of a patron possessing a gun inside the Ciub. There is simply no evidence to F:l Au�-27-02 04:59pm From-KELLY AND FAWCETT 6512238019 T-416 P 10/11 f-123 suppon her infTammatory remark. Further, she testified that she would like to see Dinner Club 200U closed. She testified Lhat she does nac like pinner Club 2000. She tesiified that, in her opinion, no other establishment even comes close to being as bad as Dinner Club 200p, yet she has on'.y patrolled on the EasT Side and so she doesn'[ really have a realistic basis to j udge th2l upon. She states she frequently pops by Dinner Club 2000 to keep an eye on jhe place; that is beczuse she has a stton� desire to see the place closed. Simply pui, Sa . Mc?vamara is biased and is a racist. Fuithermore, I think it is appazent that most of the officexs who testifiect, especially Sgt. Mc?� nevzr conducted a fair and Ihorough investigarions into any of the claimed violatipns or factors leading up to the Catch-alI ch�rge. A perfeet example is that of the noise comgl2int. First of all, it is readily apparent that nobody lives nearby This place. There are no windows facing any of the twa residential properties that are remotely nearby. Realistically, I think it is a stretch to say that techno music can radiate magicxlly to ciistances of over a block away. $etty Morton was the source of a high pexcentage of the noise comptaints against Dinaer Club 2000, where they were documented. This counselor has had the opportuniry and privllege �o repiesent police officers on borh sides of the issues in his legal career. IT defies cp�xn�n sense in police practice not to interview this person ai leasi once in the one and one-hal£ year time frame at hand. This is true because it would make sense if you had a hyper-sensiuve neighbor to 1q1ow about ii. But instead, these officers took Ms. Ivlorton at her ward and never asked questians. They assumed ihe worse. She tived about a block away, they had her address and photle number and they could have intervieWed her, but they did not. Simply put, cVen if the noise levels were slightly unreasona6le> zltere is a lot of mitigation that exis;s here. First of akl, only one cincen cau be identified as having a probtem with the no}se and $tat is Betry Morton. Furthermare, as The ghotos show, there is �othing nearby that could possibly be negatively impacted by techno music be�ng glayed ai a dance club. �n short, the City is being unreasonable. Aga�n> as noted elsewhere in this analysis, police officers aie not merzibers of the publac and any alleged violation of the catch-all provision do not apply To annoyed police officers. This entire casz comes down to the fact that the police depatrment made a decision to document the vanous negative thmgs about Uinner Club 20Q0 &om their peTSpective and the deliberate and Concenaated effort So close dowri the only Hmong dance club of it kind in the State. Their groceduies utilized uicreased Ihe number of reporfs arld Thus made it appear as if there is mote evidence against Dinner Club 20Q0 chan th�re accuzlly is. Finally, it is with great sadness that I address the comments made by the public speakers. This counseIor is oatraged by the :emarks of Charles Rupke, Districz 2 Councii member. Mr. Rupk� has had az1 agenda against Club 2000 from the Club's inception. Mr. Rupke is the self- appointed "wha[ The neighborhood oughi to be" gutu. 'I'his is evidenz bY the comments that Mr. Rupke made. Mr. Rupke siated quiTe clearly '1ve thoubht Dituler Club 2Q00 wouid be Ihe kind o�place where we could go and eat Hmong food." Aixuier Ciub 2000 never pulled the wool over anybody's eyes. When the place opened, it was clear thaT it had a dance floor and that it had two levels, both containing bars. f thaught thaz we Minnesotans were the kind of people;o beIieve thal everyone had a tight to engage in legitimate business activities and otherwise enjoy the freedoms that all citizens ate etuitled to, but appareritly Mr. Rupke feels otherwise. He feels That the Hmong peaple should not have a dance ciub and should not have a Teen- � Au�-27-02 05:OOpm From-KELLY AND FAWCETT fi512238�18 T-416 P il/11 F-123 pius night for its yotinger membe� of society. These two ac[ivities ate comp��tely legal. It was admitted so by Seint Paul afficers and stlff. In summary, Mr. Rupke wants us to limit Dinner Club 2000 to a nice family-type place where white people oan �o Io eai Hmong food. Never befote have I been tempted to ]ash out so harshly with words in a legal Brie#' as I am now. Yet my client remained composed during these inflamatory remarks. Incidentaliy, the comments from a Mr. Chao Lez, shou]d be given no more credibility just hecause they cqme from the mouth of a Hmong person. He is simply an employee and agent o£ Chuck Rupke who cieazly has an a�enda �gainst Club 2000. Hts words should be giveq no more czedibility or weight on the maTtei. The owner of Club Z000, pao Hang, testified why he dld not work weli wiih Mr. Rupke's group. He started to cooperate and attend meetings and be active in the cammunizy, but was not met with a warm reception. From the outset of the opening of his business, Mr. �Tang has felt that he was unweleome by Mr. Rugke's group, not given any support, and an adversarial rela�ionship developed almost immediately. Mr. Hang and ?v1r. ChrisFianson testified to the ways that the C1ub is operated and maxiaged. The proper focus here , however, is has Dznner Cluh 2(10� done ati that it can to make Dinner Club 20Q0 a saFe arld positive place For the commuxzity? I believe ihe answer is yes, or at least reasanably so. This entire case is a house of ca�ds which represents the agenda of people whU are biased and prejudiced against This Hmang establishment, which does noz square with the physical evidence. Physical evidence shows tltat pinner Club 2000 has talcez� every piecaution that it can to operate Dinner Club 2Q00 in a s3fe, legal and positive manner. �leariy the club's populariry among Hmong patrons shows this. 'I2ie question really becomes, aze the negative allegatiotis hexe more a function of the club's clientele or the management? If it is thz ciieniele, ihen parhaps the reai issue here is that the agencies involved are biased toward the backgroulld and culture of iis patrons. However, the management should not be held responsible when it has �aken the �ecessazy precautions- Dinner Cluta 2000 should have been able to exgect assistance from the police w3ihout tt being used against them on every accasion. CONCLUSION Legally speaking,l7inn�r Club 2o40 would ask y4� honor to find zhat the City has not met its burden of proof by elear and convinCing evidence, a violatio� of Saint Paui Legislative Code 31 U.06(b)(8). There xs no clear and convincing evidence that shows thai each of the elements of this offense, as enumerated previousIy, have been proven. Fwthermore, Dinner Club 2000 would ask your honor to please take a realistic, coznmon sense, real world view of the cvidence that was presented against Dinner Club 200Q, and be aware of the bias and prejudice that exists in this case againsI Dinner Ciub 2000, and �nd thaT Dinner Club 3000 is not guilty of the catch-ali provisipn that Dinner Club ?a0� was charged with. Datzd: �z7 vZ Robert F'owler Kelly and Fawcett, PA 2350 USBancorp Fiper 7affray Plaza St Faul, MN 55101 651-224-3�81 10 .4UG.-27'02(TUE) 16�52 OFFICE OF ADMIN.HEARING TEL:6123492665 P.001 TRANSACTION REPOAT RecePtion Transaction(s) comPteted NO. TX DATE/TIME DESTINATION 116 AUG.27 16:47 6512238019 DURATION PGS. 0° OS' 00" O11 RESULT MODE OK N ECM OFFICE OF THE CITY ATTORNEY Manuel J. Cervantes, Ciry Atrorney ' _ _ � . . ._ '.� CITY OF SAINT PAUL Randy C. Kelly, Mayor 4- - - — .' 'rs; t U�i�lpivision 400CiryHa11 Telephone:651266-8710 �'rj�yr�SWestKel[oggBlvd. Facsimile:651298-56T9 � = ( � i �' ^ ^ Saint Paul, Minnesota 55702 ... .'d; : J � AllgI1St 22, 2��2 The Honorable Kenneth Nickolai Office of Administrative Hearings 100 Washir.gton Square, Suite 1'00 Minneapolis, MN 55401 RE: In re the Licenses held by Dinner Club 2000, Inc. d/b/a Dinner Club 2000 Dear 7udge Nickolai: Enclosed please find a copy of the City's Final Argument in the above-entitled matter. A copy of the same has been served upon the Licensees' attomey by U.S. mail as of today's date. Please feel free to contact me if you have any questions. Sincerely, � -� ��� �,�° Virginia D. Palmer Assistant Ciry Attorney cc: Rober[ Fowler AA-ADA-EEO Employer OFFICE OF THE CITY ATTORNEY Manvel J. Cerv¢ntu, Ciry A[torney _—' ._u CITY OF SAINT PAUL: �^� '' " 4 `` 8: �] _ , ,:: ; Randy C. Kelly, Mayor . , _ _ . i.�.n, �iiy�� ��rL Civil Divisiors 400 City Ha11 15 Wut Kel[ogg Blvd. Saimt P¢ul, Minnesota 55102 Telephone: 651266-8710 Fncsimile: 657 298-5619 August 22, 2002 Robert J. Fowler Kelly & Fawcett, PA 2350 US Bancorp Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 RE: In re the Licenses held by Dinner Club 2000, Inc. d/b!a Dinner Club 2000 Dear Mr. Fowler: Enclosed and served upon you by United States Mail please find a copy of the City's Final Argument in the above-entitled matter. Please feel free to contact me if you have any questions. Sincerely, � / � ��� Virginia D. Palmer Assistant City Attorney /cc: Kenneth Nickolai, Administrative Law Judge AA-ADA-EEO Employer OFFICE OF ADNIINISTRAITVE HEARINGS � ,�= ,-� — . _ _�::,� FOR THE COUNCIL OF "? �.,,, ^`'� Q THE CITY OF SAINT PAUL '!? ° 'T �' � � , _;,� � ,. ,^r,,,, �-> r. < %� In re the Licenses held by Dinner Club 2000, Ina CIT'Y'S FINAL ARGUlYIENT d/b(a Dinner Club 2000 FACTS On April 19, 2002, a Notice of Violarion was sent to Dinner Club 2QOQ stating that the Office of Lacense, Inspections and Environmental Protection had recommended adverse action against the licenses held by Dinner Club 2000, Inc. based upon Saint Paul Legislative Code §310.06(b)(8), which permits adverse action against a license where "the licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure ar endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public." The Notice of Violation notes the number of police reports between July l, 2001 and March 31, 2002 which document loud music, fight calis, assaults, underage drinking and crowds leaving who are out of control. Priar to the hearing, additional police reports from July 4, 2002 were brought to the licensee's attention and it was agreed that they would be considered as part of this adverse action rather than made part of a separate Notice ofViolation. At the hearing, a number of Saint Paul Police Officers testified to the reports that they had written regarding assaults, noise complaints, fights and underage drinking at Dinner Club 2000. In addition to the specific reports written by each officer, which were admitted as -1- evidence, the officers almost uniformly testified that they had additional knowledge of problems at Dinner Club 2000 through their experience patrolling the dishict. Each tesfified that Dinner Club 2000 had been designated as a problem property by the police department due to the number of police calls. The testimony was that Dinner Club 2000 required significantly more police time than any other licensed establishment in the East District. Senior Commander Tim Leslie testified regarding the overall efforts of the police deparhnent to wark with the management at Dinner Club 2000 to address the problems seen by the police, described as lazge crowds at closing time, fights in and out of the establishment, noise and "quality of life" issues. He testified that he did not believe that there had been significant improvement and that when he left the East Team in early 2002 it was still a problem property and still consuming significantly more police resources than any other liquor establislvnent, or indeed any licensed establishment in the district. Senior License Inspector Kristina Schweinler testified that the recommendation of the Office of License, Inspections and Environmental Protection was that the licenses held by Dinner Club 2000 be revoked. This recommendation was based upon the continuing problems at the establishment and the history of adverse actions at the Club, together with the fact that there aze already conditions on the license. City's Er>hibit #1, from which she testified, shows the ivstory of priar adverse actions taken against the licenses and the penaities imposed by the City Council, as foilows: First Adverse Actaon: On February 23, 2000 a Notice of Violation was sent to Licensee alleging a violation of the condition on the license requiring use of a metal detector (wanding). On May 10, 2000 the Saint Paul City Council imposed a rivo day suspension of the licenses for that violation. -2- Second Adverse Action: On March 28, 2001 the Saint Paul City Council ixnposed a $1,000 fine and a tliirty day suspension of the licenses, twenty-five of the days to be stayed on condition that there be no further violations. This penalty was for violations of after hours display of alcohol from January 1, 2001 and a sale of alcohoi to an underage person from March 15, 2001. Third Adverse Action: On July 17, 2001 a Notice of Violation was sent alleging the violation of the condition on the ficense which requires that the patrons of age to drivk be identified by wristband. (Two underage patrons were given wristbands permitting them to driiilc after showing identification that stated they were under 21) On October 24, 2001 the City Council adopted the report of the ALJ, which found that the violation had occurred, and imposed an eighteen day suspension of the licenses. Fourth Adverse Action: On December 13, 2001 a Norice of Violation was sent alleging that the establishment failed to close as ordered by the City Councii for the prior adverse action. This resulted in an additional on�day suspension. Ms. Schweinler tesrified that there continue to be complaints from the public and the police regarding Dinner Club 2000 and that the police reports show that underage persons are drinking inside Dinner Club 2000, whether or not they are served there. Two indivaduals from the community, a representative of District 2 Community Council and a former Hmong outreach worker for the community council , also spoke as "interested persons", which is permitted under Saint Paul Legislative Code Section 310.05(c). Both individuals strongly supported the Office of LIEP's position that management was not controlling problems at the establishment, was permittin� patrons to be disorderly and disruptive and was not taking responsibility for patrons' behavior. ARGUMENT The Saint Paul Legislative Code permits adverse acrion, including revocafion ar suspension of a license, or imposition of conditions upon a license, subject to the hearing procedures contained in §310.05. The Office of LIEP is urging the revocation of this license -3- pursuant to Saint Paul Legislarive Code §310.06(b)(8), which pezmits 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 Minnesota Court of Appeals has addressed the provision of the legislative code under which the Office of LIEP seeks revocation of Dinner Ciub 2000's licenses in BAL, Inc. v. City of St. Paul, 469 N.W.2d 341 (Minn. App. 1991). In that case, the court found that two violations of the license in nine months together with evidence that the aparhnent complex across the street had high turnover due to the problems caused by patrons of the Wabasha Bar, and testimony by witnesses and police officers that bar patrons left the premises with drinks, congregated outside and were loud and wu was sufficient to sustain a finding that the bar constituted a nuisance. Revocarion of a liquor license under this provision of the Saint Paul Legislative Code was also upheld in Hymanson v. City of Saint Paul, 329 N.W.2d 324 (Minn. 1983). In that case the City Council revoked licenses held by Lucky Lanes, Inc. d/b/a Pudge's, based upon after hours display of alcohol, indecent exposure by male dancers perfornvng at the bar, and complaints by neighborhood residents near Pudge's. The Minnesota Supreme Court upheld the revocation "as falling within the grant of broad discretion given to municipal authorities to determine the issuance, regularion, and revocation of liquor licenses." Id at 326, citing Sabes u City of Minneapolis, 265 Minn. 166, 120 N.W.2d 871 (1963). In the current adverse action, the licensee appears to take the position that all liquor establishments have fights and that management cannot be responsible far disruptive patrons. The testimony by Michael Christensen, a security person with Dinner Club 2000, was that in the � begimiing, when Dinner Club 2000 first got started, things were "totally out of hand" but that things had improved more recentiy. He likened the Club to Bangkok City Supper Club and Ciub Cancun, both Saint Paul liquor establishments, and Stazgate, an estabiishment outside the city limits. Mr. Christensen aclrnowledged that he was unaware that both Bangkok and Club Cancun had adverse acrions initiated or pending against them, but appeared to believe that one fight per month at a bar was not unusual. He recalled at least three instances at Dinner Club 2000'of people having bottles smashed over their heads inside the bar, but again did not appeaz to find this out of the range of'hormal" bar behaviar. Mr. Christensen also admitted during his testimony that he had heard an employee talldng about allowing underage friends to drink in the Club. While this person was fired after the comment was overheard, he acknowledged that he could not be sure that underage drinking was not happening in the Club given the large crowds and limited staf£ He testified that he had given ideas on possible training sessions £or staff on topics such as spotting fake identification cards to the owners, but that the management had not pursued such training. Pao Hang, one of the co-owners of Dinner Club 2000, testified that he is doing everything possible to control patrons by hiring security, and complying with the conditions on the license. He believes that the police have treated him unfairly by using calls for service against him, because he was told that he should call the police. However, while the police haue a duty to enforce violations of law whether they are inside the bar or outside, there is no requirement that they act as private security for a few trouble spots in the city. The concept of designating a property as a"problem property" was explained as a process for identifying a properry which has excessive numbers of police calls and working with the owners to reduce the -5- need for police services. Commander Leslie tesrified that the probiems at Dinner Club 2000 did not improve and that the police continued to have to respond to an unacceptably high level of calis at that address. While there are some calls that are neither preventable nor the responsibility of the management (theft of a patron's purse, lost cell phone, etc.}, both Commander Leslie and LIEP believe that assaults by and between patrons, disorderly crowds at closing tune, loud music from the entertaimnent inside the Club and similar calls are the responsibility of management. No citizen has an inherent or vested right to sell intoxicating liquors, and municipal authorities have broad discretion within their geographical jurisdiction to determine the manner in which liquor licenses shall be issued, regulated, and revoked. Inherent in the right to control the sale of liquor is the power to regulate related activities on the licensed premises. Basically it is the council's duty to decide whether the licensee has been guilty of such unlawful conduct in the operation of his business that its conrinuance is detrimental to the public good. Sabes at 875. (Foomotes omitted). Noise Com�laints Although Licensee's attorney attempted to chazacterize this establishxnent as being in an area where no residents could be disturbed, there was testimony that at least one aparhnent buiiding is located nearby and that one of the residents continually complained of the noise. On each instance where a noise complaint was made, it appears that the complaint was substantiated by the police on arrival. The licensee testified that he did not know the actual decibel level of music being played in his Club, and although he conceded that the regular complaints by the neighbor were legitimate (not the action of an oversensitive person, as his attorney argued), he was unable to articulate any plan of action for dealing with this problem. The noise complaints in and of themselves, while not an ea egious violation, nonetheless are a nuisance to neighboring S� residents and indicate the lack of responsibility taken by management to address issues raised by the police and the community. Undera�e Consum tp ion There were three police reports dealing with underage drinldng at Dinner Club 2000. The first was a traffic stop made by Sgt. Tina McNamaza, who was responding to a fight call at the establislunent and stopped a vehicle which was seen speeding away from there. There were three underage individuals in the vehicle, all of whom had been drinking, and one of whom stated that he had been diiuking at Dinner Ciub 2000, where he was able to drink from beer bottles on the table. A second police report from March 31, 2002 was a response to an assauit call at the Club by Officers Toronto and Nelson. Officers noted Uiat the victim of the assault, a 17-year oid, appeared intoxicated and he stated that he had been able to order a shot of Hennessy at Dinner Club 2000. His sister, a witness, also stated that she had seen her brother drinking at Dinner Club 2000 that evening. In the same report, Officers Dunaski and Reginek stopped a vehicle seen fleeing from Dinner Club 2000, and found two passengers who had been consuming alcohol who were underage. Leng, 19, told the officers that he had been drinking at Dinner Club 2000 and he registered a 115 on a preliminary breath test. Seng, 16, stated that the bartenders at Dinner Club 2000 know him and serve him alcohol despite his age, although he had his brother's ID with him on this occasion. Seng registered a 117 on his preliminary breath test. Leng, Seng and the driver of the vehicle, a 20 year old, all stated that they can obtain alcohol at Dinner Club 2000 if they are careful not to approach the bar when security guazds are around. While none of this is conclusive proof of a sale of alcohoi to an underage person, it is evidence that underage -7- drinking is going on at the establishment, and that there is insufficient security to assure that the people not of age to drink aze separated from alcohol. A third police report of underage drinking at Dinner Club 2000 was taken on July 4, 2002. Officer Linssen tesrified that he was at the establishment and observed a young male urinating outside in the parking lot. He was identified as Kong Lee, 19 years of age. The only identification in his possession was that of a female under the age of 21, but Lee was wearing an orange wristband which identified him to Dinner Club 2000 staff as being over 21. Officer Linssen gave Lee a preliminary breath test which showed him to have a.206 alcohol content. Additionally, this occurred at closing time, and Officer Linssen observed Lee leaving Dinner Club 2000 just before he began urinating. While Licensee argues that there is no direct evidence that Lee consumed the alcohol inside Dinner Club 2000, it is beyond the bounds of credibility that Lee drank to the point of intoxication somewhere else, then entered the Club already intoxicated, obtained a wristband without proper identification showing him to be of age, and left again without consuming alcohol. But regardless of whether he was served alcohol inside, he was in fact given a wristband which permitted him to obtain alcohol, without the proper idenrification. This is in and of itself a violation of the condition on the license which requires that the Club identify patrons of age to drink by means of a wristband, and is the same offense which was the basis far the third adverse action against Dinner Club 2000. The underage consumption is a particular concern in light of the fact that two of the prior adverse actions haue involved either a sale of alcohol to an underage person or a violation of the condition that patrons be identified by wristband if they are of age, resulting in access to alcohol by underage persons. Licensee seemed mainly concerned that the police had not proved any �:� direct sale to an underage person happened. The £act is that the Club management is responsibie for the ready access to alcohol by underage petsons by not separating underage persons in an area of the C1ub where no alcohol is served and by failing to properly card and identify underage persons. Assaults Between August 2001 and Mazch 2002 there were at least 8 assault or fight xeports involving Dinner Club 2000. These ranged from fights outside by patrons, to assaults on staff by patrons, to fights inside with patrons injured, as set forth below: • August 24, 2001: a group of ten people were fighting in the bank lot next to Club 2000 at baz closing time, in an area with no other open businesses. Police were called to clear the area. • August 25, 2001: female involved in confrontarion with two other women inside the bar, all are escorted out where azgument continues and one woman gets in a car and attempts to run over the others. (Police report notes that this woman has been in prior confrontations with other patrons of the Club, yet she was again permitted inside.) � October 27, 2001: Police respond to report of 20 people fighting in the parking lot with bats and clubs. This was another situation where the group was fighting inside and continued the fight outside when asked to leave. One of the people also smashed car windows in the parking lot as part of the incident. • November 1, 2001: One patron hit another in the head with a bottle. Same patron then went outside and attacked a female patron in the parking lot. (Michael Christensen told the police that he recognized the suspects as a former security guard and a patron who had been arrested the week previously at Dinner Club far crnninal damage to property.) A third victim was hit by a male patron inside the Club, and when she ran outside he followed and continued to hit her. A fourth victnn stated that he saw people enter the Club with bats and chains, the fighting began and he was hit in the head with a bottle, and nearly struck with a chair. • November 21, 2001: Licensee was struck in the face by a patron after refusing to buy him a drink. • November 24, 2001: Female inside the bar hit over the head with a bottle. While police were inside several fights started to break out in the crowd outside the bar, squads had to assist security in clearing the crowd from the lot to stop the fighting. • December 30, 20Q1: Police were sent to Dinner Club 2Q00 on a fight. On arrival the fight had already stopped, but police spoke to two victims who stated that as they were leaving the Club they were approached by an individual who asked what gang they were � in, kicked in the car windows and struck one of the occupants in the face numerous tnnes. A second man stated he was neazby when the fights started and was shuck on the head. He had a visible lacerarion. March 31, 2002: Police were sent to Dinner Club 2000 and found a juvenile who had been assaulted (victun had been driukiug) by several people at the establishment. His sister witnessed the assault. Victim went to hospital for cuts, bruises and scrapes on face and azms. Whether inside or outside, the fact that the participants were pah of Dinner Ciub 2000, and that the irouble spilled from the bar to the surrounding area and that in some cases the participants were ejected from the bar so that they did not cause problems inside, is the basis for holding management responsible. Additionally, these incidents support the contention that the operation of Dinner Club 2000 is endangering the health and safety of the public when patrons who enter are subject to assaultive behavior. In at least two cases, the suspects were people who had already caused problems at the Club on eazlier dates but were allowed back inside. CONCLUSION The testimony of the police officers and the interested persons fully supports the allegations set forth in the Notice of Violation and the Notice of Hearing, and established that the Licensees are either unable or unwilling to control the large number of patrons who come to Dinner Club 2000. The noise, fights inside which spill outside, public urination, large crowds and underage persons who easily are able to drink in the establishment support the conclusion that the way an which the 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 police testified that this establishment is generating significantly more calls than other bars in the area, and that the problems are ongoing. Conditions have already been placed on the license and do not appear to be resolving the -10- problems caused by the patrons of the establishxnent. Accordingly the recommendation by the Office of LIEP that these licenses be revoked is fully supported by the evidence. Respectfully submitted, ���� � � Virguria D. Palmer Assistant City Attorney Attorney License # 128995 400 City Hall 15 W. Kellogg Boulevard Saint Paul, MN 55102 (651)266-8710 -11- A�¢-Z3-02 04:29pm From-KELLY AND FAPICETT fi51223fl�18 T-387 P 411�2 F-O41 ,. - -' � Ll� Y � �` S�YV 1i�3 1 .�1. Ar�roRxEYS ar �Au� 2350 US HAI�`.�OR° ! PLoER JnF'FR.wY PL.4ZA c.;a C; pA2 S i iz°E7' SwINr PAtJL. NL\ >> t Ot PA:FiC�' ,. vlY: $O�G iD Fs� WC5'.' C:.aD� :.�+'Y.O^S btOB'�lZ�= + F01v:-� SARAY.i ]CYSAL' h D�V:D �'aiM- F'AX CQ�'VE.R SHEET COl�DENTIAI- TO: �Tr�: FROM: o! Couaaet G-4«UQkL°.R �4W ?Tii.�G (651)?2r3?81 Py;s�uyle (651j.?3•SatJ E-3�tail: ac.'.-IUnQke:lyaAdf2WCen.com The cnformacton cottia+tted in this facsimile mes.,4ge is anorney prrvileged and cunjidennctl msended only jor jhe use of the individual �r era:ry named bedpw If ihe readrr ojshis rrtessagN U• noi rhe inaCnded rec�piena, you are hereby nonfied thai any dsssemjnanon, dtstrjbailon or co,aytng of rhu eommµnication is sA'icaly prahibtted �fybu have received rhu communicRt$on tr. error, p:rwe immediately noa� us by telephone ��� Ijyou kave any guesnons coneernrng ahc�� frrx. pdea,se call 451-22a-378I I7�T�: � a �' _ NO. of PAGES �/� {incluQes t}us pagc) Aua-2?-02 04:29pm from-KELLY AND FAWCETi STATE O� Mlivi3ESOTA) }ss COL':vTY OF R.AsvISEY ) 6512238019 T-38T P 02/02 F-Od1 AFFIDAVIT OF COLLEBN H�&'VIES COLI,EEN HER-��fES, being fitst duly swom on oath, deposes and states that on the 23rd day of Au�ust, 2002, she received the post hearing Brief from the City of St. Paul :n the matter oPthe City of St. Paul v. Dinner Club 2004; that pursuant to the direction of Robert J- Fowler, Aicomey at law, I have sealed said Brief; that Rohen J. Fowler, nor anyone else in the offices of Kelly & Fawcett, P.A., ha�e read said Brief and Said Brief will continue to be sealed and ln my possession until the �d of business on 'Tuesday, August 27, 2002. FtiRTHER, YOU'R AFFIANT SAYETH NOT. sworn �o before me of Augusi, 2002. , ���/!i i%/L�J . -- - � SApIDiiAd NiQCi.S � � = Iq�lly/f�D'INIO�TA �N Our►R�Ys.ln Si. zaas a • •.4UG.�23'02(FRI) 16:21 OFFICE OF ADMIN.HEARING TEL�6123492665 P.001 TR.9�SACTION REPORT Recept�on Transaction(s) completed SO. TX DATE/TIME DESTINATION 085 4UG.23 16:20 6512258019 DORATION PGS. RESliLT MODE 0° 00' 43" 002 OK N ECM OF`FICE OF ADMIIVISTRATNE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the Licenses Held By Dinner Club 2000, Inc. d/b/a Dinner Club 2000, Inc. CITY'S PROPOSED EXHISITS July 9, 2002 TO: 7udge Ken Nickolai, Administrative Law 7udge, Office of Administrative Hearings, 1�0 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits for the Administrative Hearing on July 9, 2002. Exhibit No. Exh. No. 1 t f2-� Exh. No. 2 Exh. No. 3(L) Exh. No. 4 (Q-) Exh. No. 5 Exh. No. 6 C 2, E�. No. 7 � �� E�i. No. 8 ; 12 ). E�. No. 9 Exh. No. 10 Z �, E�. No. 11 Exh. No. 12 ( t2� Description License information (5 pp.); Saint Paul Police Report CN O1-133-890, dated 7uly 1, 2QQ1 (1 p.); Saint Paul Police Report CN O1-181-049, dated August 24, 2001 (1 p.); Saint Paul Police Report CN 01-182-643, dated August 25, 2001 (9 pp.); Saint Paul Potice Report CN O1-204-409, dated September 22, 2001 (1 p.); Saint Paul Police Report CN O1-227-450, dated October 21, 2001 (1 p.); Saint Paul Police Report CN O1-231-571, dated October 27, 2001 (8 pp.); Saint Paui Police Report CN Q1-235-286, dated November 1, 2001 (12 pp.); Saint Paul Police Report CN 01-251-346, dated November 21, 2001 (7 pp.); Saint Paul Police Report CN O1-253-150, dated November 24, 2001 (12 pp.); Saint Paul Police Report CN O1-276-076, dated December 30, 2001 (6 pp.); Saint Paul Police Report CN O1-276-544, dated December 30, 2001 (1 p.); E�. No. 13 E�. No. 14 Exh. No. 15 Exh. No. 16 E�. No. 17 Exh. No. 18((��, Exh. No. 19 tP) Exh. No. 20 Ctz ). Exh. No. 21 l'�2), Exh. No. 22 Z �� E�ch. No. 23 � �) E�. No. 24 l �-) Exh. No. 25 ( ZS Saint Paul Police Report CN 02-012-777, dated January 20, 2002 (1 p.); Saint Paul Police Report CN 02-017-882, dated January 27, 2002 (1 p.); Saint Paui Police Report CN 02-028-251, dated February 9, 2002 (4 pp.); Saint Paul Police Report CN 02-033-335, dated February 16, 2002 (1 p.); Saint Paul Police Report CN 02-032-651, dated February 16, 2002 (6 pp.); Saint Paul Police Report CN 02-036-976, dated February 22, 2002 (4 pp.); Saint Paul Police Report CN 02-037-671, dated February 22, 2002 (1 p.); Saint Paul Police Report CN 02-�38-982, dated February 24, 2002 (1 p.); Saint Paul Police Report CN 02-043-671, dated March 3, 2002 (1 p.); Saint Paul Police Report CN 02-062-313, dated March 31, 2002 (14 pp.); Notice Of Violation, dated Aprii 19, 2002, with Affidavit of Service (3 pp.); Fased letter from Robert Fowler to Virginia Palmer, dated Apri123, 2002 (2 pp.); Notice Of Hearing, dated Apri126, 2002, with Affidavit of Service (4 pp.); Exh. No. 26 C�) Notice Of Re-Scheduled Hearing, dated May 13, 2002, with Affidavit of Service � PP�)• Also attached piease find courtesy copies of appiicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 Respectfully submitted this 9`� day of July, 2QQ2. � l � Virgini . Palmer Assist City Attomey Office of The City Attorney 400 City Hall 15 West Kellogg Boulevazd Saint Paul, Minnesota 55102 (651)266-8710 License G�nup Comments Text Licensee: DINNER CLUB 2000 INC �8�+� DINNER CLUB 2000 INC License #: �99g0005357 04l02l2002 . 0 _ 2000, Inc. d/b/a Dinner ub 2000, Inc. City's Exh. No. l — 04/02/2002 To CAO for revfew of reports for possible adverse action. CAR 04/02/2002 Received police reports both numbered CNO20623'13 and dated 03/31/2002, indicating that underage patrons were able to obtain and consume alcohol. CAR 02/07/2002 Notice oP Hearing from CAO concerning a!I licenses for 03/14/2002, 9:30 AM, Room 42, ALJ will be 8everly Jones Heydinger, doe to ticensee having esiablishment open and serving alcohoi during a period of 18 days when the licenses were suspended under CF 01-1210. SS Ot/23/2001 Attorney requests ALJ hearing. Hearing scheduled for 03/14/2002, 9:30 AM. CAR Ot/10/2002 CAO tloes not think that the 12l07/2001 police report provides enough information to take action. CAO will take action on KS's and police observations of 1'I/28/2001. CAR 12/14/2001 Sent CN01-255-579 to CAO indicating that police observed adivity at this address during the suspension on 11/28/2001. Also, CN01-261-455 indicating that a patron lost her ID at ihe bar on 12/13l2007 Notice of Voiation sent with 12/24/2001 deadline to respond. Notice is for operating while under suspension. CAR t2/7/2001 during period ot license suspension. CAR 72/76/2001: Establishment has reopened after serving its suspension. CAR � 12l13/2007 Notice of Violation from CAO stating that the City Council suspended all licenses referenced in CF 01-1210 for a period of 18 days, effective at 12�01 a.m. on 71/28/2001. At approximately 7:00 p.m. on 11/28/2001, the license inspector found the establishment open and serving alcohol. The person in charge scated that he believed they were to close at 12:01 a.m. that evening. Aithough the presumptive penalTy for the sale of alcohol while the license is suspended is revocation, the Council recently considered a similar violation, where the licensee also stated that they were confused about the date. LIEP's recommendation is a one-day suspension. SS 12/1 V2001 To CAO for adverse action CAR - 11/28I2001 6:58pm- KS went to Dinner Ciub 2000 to make sure that the establishment was closed, The bar was open with beverages being served. CAR 17/21/2001 Rich hand deLvered Suspension letter. LAB � 11/07/2007 CF Ot-1270 adopted on '11i07/2001 stating that on-sale liquor and all supporting licenses are suspended for 18 days for failure to comply with the license condition reqwring that all individuais entering the licensed premises be properly identified to determine their age and that indivitluals over the age of 21 be given a wristband which pzrmits them to be served alcohol. No sale, consumption or display of alcohol will be permitted beginning 12I01/2007 on Wednesday. 72 Ot a m, November 28, 2001 until 11:59 p.m. Saturday, December 15, 2001. SS .�( 10/24/2001 City Council adopted Findmgs of Fact, ConGusions of Law and Recommendation of the AW and moved for an 18-day Gosure Of the 'T' estabhshment based upon the following tacts: A) AggravaLng factors on this offense, specifcatly patrons offered ID showing them underege, were given bracelets to allow them to drink. Both drank, one of the two got intoxicated and was involved in a fight with security that resuited in being taken to hospital and then to detox; 8) This is a senous violation (knowingly permitting underage persons to drink); C) There is a pattern of repeated violations (this is the 2nd violation in just over a year and the 4th violation in the last year) and repeated effods to work with management @y LIEP and Police Dept. to solve the problems tlon't appear to be working), SS 10I24/2001 $200.00 rcvd for cig sales violation.ES � 024f2007 $50.00 rcvd from clerk Goobin Wang for cig sales violation.ES 09/25/2001 Notice of Council Public Hearing from CAO scheduled for hearing of the Administrative Law Judge's (ALJ) report on 10/24/200�. ALJ recommends adverse action based on 07/17/2001 Notice of Violation. SS 09/18/2001 Per CAO, given entension to 09l282001 to respond. CAR 09/042001 Notice of Violation from CAO for sale of tobacco products to a minor. $200 fine. Response due by 09/14/2001. CAR 09/042001 Notice of Admin Fine from CAO to cierk. $50 fne due. Respond by 09/�4/2001. CAR 08l1712001 To CAO for adverse action CAR OS/16/2007 Failed tobacco compliance check. Clerk was Goobin Wang, 2129 8uhul, No. St. Paul. Pirst failure, $200 matrix penalty. CAR � 07l31/2001 Notice of Hearing (ALJ) from CAO for violation of condition on license which requires the establishment properly determine the age of patrons. Hearing scheduled for 0911 1 /2 0 01 JL 0 711 7/2 0 0 1 Notice of Viola6on from CAO for violation of condition on license which requires proper determination of age of patrons. Given to 07/27l2001 tc respond Jl 07111�2007 Passed tobacco compliance check SS 06/14l2001 confirmed ihat payment was made 5/29 for S3.031. caa 06/08/2001 Second half still not paid To CAO for adverse action. Another invoice sent - amt due, with late fees, is $3,031.00 CAR 5/30/01 talked to Pao Hang about 2nd half he said he would be in 5/31/O1.KS 04l17/2001 $1,000 fne payment received caa 04/04/2001 Kris hand delivered suspension and fine letter (S1,000 00 fine due 4/27/Ot). LAB 04/04/2001 Notice of License Suspension and Imposition of Fine from LIEP for after hours consumption, combined with compliance check failure. Closure from 12:01 AM 04/18/2001-'I1 �59 PM on 04/22I200'I. (5 days served of 30 day suspension, must remain law abiding for � 8 months). $1000 fine due 04l27l2001. CAR � 03128/2001 CF 01313 passed by councd fmposing a 5t000 fine and 30 day ciosure, 25 stayed ff there are no further violatfons in an 18 month penod. Penalty is for after hours consumption and display and a failed compliance check. CAR 03/27/2001 Letter to Chin Yang explaining false alarm fine schedule. Returned false alartn payment for $150.00 back to them. This was first false alam oniy Jl 03/22/2001 To CAO for adverse action CAR 03/15/2007 Failed DPS compliance check conducted by SPPD. CNO'1050690 not received by LIEP. First faiiure after warning. Penaity to be determined. CAR 03/'12/2001 Letter from CAO explaining the conditions under which a sfayed suspension is being recommended for the 03/28/2001 councii agenda. CAR � 03/01l2001 Notice of Council Hearing from CAO. Public hearing to be held on 03/28/2001, 530, before the cify counci(. Recommendation is for 15 day closure, 10 suspended (no wolahons for t year) and $1000 fine. Violation is for after hours display and consumption on New Years Eve. CAR 02/OS/20G � Notice of Violation from CAO for after hours display and consumption on Otl01/2001. Given to 02/20/2001 to respond. CAR 02/O8/2001 Letter from CAO intlicating that New Years aher hours violation will move forward, while last under age sale wdl not, for lack of evidence. CFO also indicates that the aty will ask for 2 licensz condition to separete underage from alcohoi service areas if problems continue at the establishment. CAR 021C2/200 i CAO Palmer met wdh Sor.g Fawcett attomey ior the licensee. We will proceed with New Years violation and could proceed further on 310 G5 (entlangenng safery, nealth, etc) if ,he �ar does not take steps to prevent violence and access by youth to alcohol.CAR 02/01I2001 Second underage violaLCn vnll not proceed because witness admitted he did have an ID, but that his hand was not stamped. The hand stamp is no[ a reqmremen[ of the hcense conCrtions CAR 12/28/2000 hearing cancelled because witness for the city cannot be located Attomeys to meet to discuss new violations. CAR 12/04/2000 Notice of Violatwn from CAO for police repon of 71/24/2000 indicating that an 18 year old arrested for DUI had been drinking at Dmner Clut 2000 without having his ID checkec Can be combined wdh OS/26/2000 violation currently scheduled for an ALJ on 12/28/2000. CAR 11/27/2000 Notice of Heanno from CAO Heanna before an ALJ on 72/28/2000. for 08/26/2000 oolice reoort indicatino a minor entered the establishment License Gropp Comments Text Licensee: DINNER CLUB 2000 INC DBA: DINNER CLUB 2000 INC License #: �g990005357 oa�ovzooz antl was served without having her ID checked, a condition violation. CAR 70l25/2000 Meeting at LIEP wdh licenszes and theu attomey. City reps were Ginger Palmer, Gene Polyack, KS, and CAR. Meeting was held to discuss the frequent police reports we are rece�ving that reflect a pattem of overservice, violence, and underage access to alcohol. Suggestions from this meeting:7. Not allow under persons under 27 in downstairs bar. 2. All security guards should have a ban list. 3. Minors with fake ID should be tletained. SPPD offered to train bar staff on checking ID. Complete meeting notes ate in file. CAR 70l03/2000 Notice of Violation from CAO for violation of condition that all ID's must be checked. Volations from a 08/26l00 police report.To respond by 10/73l2000. CAR 0 710 7/2 0 0 0 Notice of Councii meeting from CAO for failure to pay fees. Item will be removed from 07/26/2000 council agenda. CAR O6Y28i2000 Passed tobacco compliance check. SS 06/26l2000 Fees paid. CAR . 06122/2000 Notice of Delinquent 4ees from CAO. To respond by 07f03f2000. CAR 06/79/2000 Forwarded to CAO for delinquent second half. Fees were due 04/25l2000 and total $2787.00 with late fees and alartn charges. CAR 05l182000 Kris hand delivered 2-day suspension letter {12:�t a.m. 5l31f00 to 12:01 a.m. 6!2l00). 4A6 � OS/10l2000 Adopted Resolution 00-a59 concerning adverse action against all licenses. RESOLVED, that the licenses are hereby suspended for a period oF 2 days commencing 12:�1 am on WED 5l3t until 12:Ot am on FRI, 6l2, for violation of license condition #5. CAA 04/20/2000 Notice of Council Hearing for 05/70/2000, 530 PM for violation of condition - failure to use metal detector. CAR 04/06/2000 2000-7°/u Liquor Discount applietl to 2nd half. LAB 2/23/2000 Per MLBA alcohoi awaremness traming has been taken. CAR '�;.2l23/2000 Not�ce of Violation from CAO for failure to use metal detector. Respond by April 3, 2000. CAR 2/15/00 recd. PO report vio of cond #5 (wanding) on 2/11/2000 sent to CAO for adverse aCtion. CAR 2/8 AGtlress � �icensee l CoMect � License 1 CardholCer � Type: �' pmperty f ��see <' Wofficmi r A:I �,7reett. 777 � Street Name LMENCE _' _ ' __ SireH TYPC <Alia :�: _ ' ' ' ' " "" ' Qirection: vilb i. y � # ��� c¢Y <.4ib r r 7: ������-x ';farsM�•� — 7ievi.5eakckF„ N'CG�� K� � _ __ 00 35T 10�95 DINNFR CllB 20CDINNFj2 qL�B 2000 PKAlarm PertrE �kwjAdive _ �OBRSA 999 tOR�l1C01 717i � . .' - _' ___ __' _ ___"_'_.�___�__"-_ ' _ __'___"__ _.'__'___�._ OINNE.R0.lS2aC04DIS1ERQl82C90WCLiquorOnSale-Su�ACtive 4�ns¢Pr"r�ted 17N4tiS9910fLYeC011177. . _' ' _�"__—' __" F�ertaumul(B7 :Adive Lc,..�nse hiRed ' —" ' '11N4l1499 10�C�7 7177 � 10795 DINNFRCLUB20001NNERCIUB2UOOPICFaIseAlarms��ACtive �p1Al2C00t7fJ1TOp07777 0 _DWNERCLI ACJVe L�sePriYetl� 77rp/79597Cf2:J'Ap71177 _ S�__ . 10795 DINNER CLL9 ZOCDPINER CLI16 2pOp W(Faise Alartny 'q�5ve —- ''- -'- - . . _ . ._ _. . �_._ _._ . . QIA1f2C0142f512C011177 .__ D_ _ DINNER Qi;B 2l1[OP1NR CLUB ]Opp PItL'r.uor-p,teoor SerACtive L��sr o.u�.tn�t v� �nnn eaa ��nncr.�m .. �- -" ACgE b '°: ���' ` �is'J;= ;�z r.-a Tr°`� �nr���:�!?��'��=;.�n.;�� �tre �� License � Licensee � Lic. Types Stre� ' G p�operty �' lcensee t' Unoffciel Wei �. StreetC: 777 ikNt y � Stree! Nem& ARENCE CrtY- i��eet Type: ST D'vediorc r i w,n ha (—'— u�a x f , ' Ci[Y T PAUI oan pu�z aue aaoa uvc Insurence l Bard `RequirerrsRS' --, Praject Fecilnffior. ASUNCpN, CORNdVE - `Adverse Action Commerts '- State: M LR 55106 �� VE(SC E ` 1 YVerd � a i�� eas, is S � � ��" Disf CaunaT. 2�' OA7t te ( � i� Licensee: WNER CLUB 2000 PIC Licensee �' � DBR R CLUB 2000 99C '� � �ammg=s� '�i ; S al es 7 ex ltt 737 24 Bus PhonG 6 51) 778-8578 ' I� L'ke`� -fPe'�#'* � '..e.=� �S 3narsA �' � .+ " ��t T938�i FafseAiarms R 05f01R001 { ttAtt 9900C; AlermPermitSlJew) _""'— _ p9f251�999 � 10R5[ � GamEhn9Locstion(QassA�_""_ C_ : 12t11U1999 � 19f25! T582f= . . � . 9900C: .' License # 900�5357 Save Chenges to Mistory � 990000482_0 . MEYFR'SCHARtVACENTT15tTAW1N(I�orCaterux��i tnN par5. To CAO 1rn ro:ce se�t - arc2 tS:e, with lete ebout 2nd heit he seid he N '___ "_ i99 08714/19991177 . , . . .�r',+'� ittT ��c�u� �cuuazama�c � OBA IM�R(1U82�OWC y License ��+see l ��. Types l Inswsnca 1 Bontl ( Reairmerts, Stre � �crosee Name: IN�ER CtUB 20001NC ;x.rj;' y ,�.� �:""� „ Ove�g DBA PWER CLUB 2000 PIC . � I Sales Ta:� N: 47372A . No�Pro2 � worker's CamP: UAOAOW . � ����. AA CwiVact Rec'tl: OA7N0000 . qq TreinBig ReCd: OAOA000 CaY; AA Fee Callectett OAOA000 Diuuud ReCtY r i athar Aqency licrnses F�nanciel Hoitl Reasons -.- ..-.,..-. .� ,:-, ° OGieN.3lEer1Sax3?$etjcy� fteasa4i.�4�`' -'+-„i:�u�7�x�. - .Dat4?:�r � 1 � CaNedsforthis4censee � ,r,i'at:ri:-._e=_>:tai:�==^,_*:.*��.a:=5i:"..+�,.µ.:z.._b_-rac.s--��_;a... r stre . _ ._'_". _,,._.. _ -" ' � �L' _ "'_.. i P Meil TO Cor¢aCf IO6AB2000WNOAOOr _'_'__"'_'_-_-""'_'_"'__'_'-_'(fi ;C'LicenseP.dQess " __'_' 08251199900iDON00i ._ ___ (651)42336q3(61`s T938�, p�� eenac ,� 6ackryountlCheckReGUVetl � _ '. "_PAV_ ' ""_ __PRESIDENT _ C" ) '_' _ � 1 .'. ., n�-0s �e��R..'74�n-���-�.. . ���� �Had4waiccTn— �.•�. r Ual Ta Cor3ed �9717 �' txense ACdesS i " 71 77i'. '_"__'_._'__"_ ___'_ - 1 7177 " 990000482 0_ '" MEYER'S CHAR FVACF7JTTYS RJLIAN CU4,or Caterii3 (SteA,ctive license R'vted �_ 6tf127f 949 q8114ri9491177 � Page ' � � of � ST. PAUL POLICE DEPARTMENT GENERAL REPORT � 3`l1 � �- rv��rccc��v� �� il-�� �b i(7� C(cww✓tc.e ��-lwb /�L �- �GU� vn�Jrtc- (om�ct,i�t{- � vt�.{l�Pl� c� VYtu..i�ic. �<u(i� „�-t.o�-Q� cu-vc�k� �. 1 �,�,��c>� a�rti���' 1 5�0�� �e Src�r�;{� c�,�t ac4��szr� �m .�e �2�Q .id�s ew�u� t,v,�,ti c� ,� �'� .�I�l� _�Vl�. �G1 �t b7L�"S vvQSu �.. vti � v�r� o f ���1 u.�-i �.. Se � �:3�., {-�,( U arS-� , sPd' c,n;i�.¢I,. o� 5i-��,i t5L . 0 z u \ Assisting Officer: � � �'IIII��III'I'II�II'III 2000, Inc. Cd(b!'s Exh eNo I�b 2Q�Q, Inc. _ � Q Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab p/C ❑ Burg ❑ Theft Q Prop � CAU � P&F Q Auto un��.a�a �'• �� J N� I ❑ Sex ❑ Rptr ❑ HUmServ O[her ._ �� i� 11� Fo�ec.' �� ��� PM 621-92R ��.,,• .�.. � ..�'.�n��:i '�-'.,,�.' �.�.::°� °�:'.�':� � fi�,�. �;. �iAHE?kTkYE ::3s.. '°� x , '?; i„ .� ;. ,:� ;; r „�" Y S ArrestNumber LastName First Middie Address DOB Age Sex Race��� Page of Month Date � 08 -02� _ C�ass �ocation of G �� ��7? C Time & Date of Occurtence: Occurted [�'jAt ❑ Between: Artides CrimeLab � PropertyRoom �� �.��'�,��/�d�`� ` ���"�� _���`�"���' „ L4;LtVE � v„�=�.?x'����;'����.., �%�°� �_�"�� �.< ":��tTs:� Arrest Number Last Name Frst Middle Address � DOB Age Sex Race fN� �x�yc� S�OC� D�U a.ud �� �G�Yy� �e s�.�,�'�k i/77 G�Gt-i��,'v�:e-e ��G��O ��� � 6d'L c� '(-��j�,.'� C�clf, �� CfJ/�'IrHZvv'r5 �,.Z S�tC ���SPa�tL wev.� f'C✓t Cia) �'��5 �y�:61 �r�-� � �c/ellS .�tc�`�.,�'� f � s «le ��F' � f��G, .��, � i�'l�� t� a��r ��v.� W�.��e Cvv"J'aVt>-Co �Y' '�?j C�l.cti� G��"✓'a/�� �i,���/; � i i1 ��t" f.'���i.��'S �����„( ��,- S ��ds /"`e �'i fZ� t�2� C3� L� l�E> ,/ � ��� o�, .�►D. d G'�y or' �G e��r�s�u.� �e c<:���� �� �`� � .- Zn �v av�l. t� ,��`s �.G�,�-�-� �� /�c� LL�'�'�e 9/�'e�d� 1��� fi G+/e d.�a� n�-`�' � � O � � ao � 0 � �CHf ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab a 0/C ❑ Burg ❑ Theft � Prop � CAU ❑ F&F 0 Auto ST. PAUL POLICE DEPARTMENT GENERAL REPORT �1a3 hrs. on �D � and hrs. on ■ � � 2000, Inc. d/b/a Dinner ub 2000, Inc. City's Exh. No. 3 m _ R `tti�gE)ffi� a . � q E� Jl /� . O.T.; Typisk R. p� Code: Nartu �Yes No ec eam ❑ Sex ❑ Aptr Othe �1�� DAO � CO � HumServ ��� pM !' ' / v�� y„ � "�.,.,,= �� �" � Saint Paul Police Department ___ ORIGINAL OFFENSE i INCIDENT REPORT Hair Type Hai� Length Complaint Num6er Refe2nce C_N. Primary oftense Date and Time of Report 01-182643 ASSAULT, AGGRAVATED 08/25/2001 23:49 PrimaryRepoitingOfhcer. MICHAELATHARALSON Primary oflense detad: Pdmary squad: 373 Secondary offense: Secondaryreportingofhcer. MICHAELJ WILLS District EqSTERN ( EASTERN DISTRICT ) y�?o POLICE PERSONNEL INVOLVED Arrestmade on view: YES Pursuit engaged: Arrestmade on wamaniorprevious CN: Weapons used by po/ice: Weapons used by suspect at 6me ot anest: Anest Status BOOKED eooking # SO a� y eooking date 08/26/2001 eooking time 01:03 CHARGES Name YANG, MAI KAO Charge AGG. ASSAULT Cda6on number Wamartt number Wananttype NAMES Bail Onginating agency SPPD Charge Cnl 011$2643 ARRESTEE YANG, MAIKAO �ocason otincidenr. � � 77 CLARENCE ST N /Jame ot/ocason/busineu: DINNER CLUB 2�Q0 Date 8 Sme of occurence: O8/25/2001 23:49 Anestmade?YES Date 8 time otanest OS/26/2001 D030 Resistance encountered: 4553 83RD CR BROOKLYN PARK MN 55443 P hysical DescripGon phones Sex FEMALE Height HairCo/or Race ASIAN Weight Hispanic Build DOe 04/16/1975 skin Rge 26 Physical Condition Consciousness Diuyalcoholuse HAD BEEN DRINKING ALCOHOL c K�.� a� � 2� � � �-,., Page 1 � � Facial Hair � I��I �IN ��II' INI� ��'lt'N'I I�IIf I��II I'��� II���I I 1 Employmenf (� Occupatlon � Emp/oyer . � ■ � 20Q0, Inc. d(b(a Dinner ub 2000, Inc. 6 ° City's Exh. No. 4 �/o � — � �co� .v �—� ,� ��_ �.�� � ��� 4 � - Saint Paul Police Department _ __ ORIGINAL OFFENSE / 1NCIDENT REPORT Page 2 Gomp/aint Number Refe2nce C.N. Primary oHense Date and Trme of Report 01-182643 ASSAULT, AGGRAVATED 08/25/2001 23:49 VlCTIM DILLARD, KENNETH LEE 1152 BARCLAY ST N#6 STPAUL MN 55106 Physical Description Phones Sex MALE Height HairCo/or Race B�CK Weight Hispanic 8m7d �oe 08/18/1981 skin Age 20 Hair Type Hair Lengfh Facial Harr P hy s ical Condition Employment Consciousness Occupation Diug/alcohol use Taken to health care facility YES Emp/oyer Medical release obtamed? Type APPARENT M�NOR INJURY �ocation LEGS/FEET WITNESS CHRlSTENSEN, MICHAEL RAY 1456 MAGNOLIA AV E#202 STPAUL MN 55106 P hysical DescripSon Phones Sex MALE tieight HairCo�or Hori7e phone 651-772-9229 Race WF41TE weight Hispanic Build DOB 02/10/1957 Skin aye 44 Physical Condi6on Consciousness Orug/alcoho! use Harr 7ype HairLength Fadal Hair Employmenf Occupafion Emp/oyer CRIME SCENE DESCRIPTORS Ciime Scene Type OFFICE/COMMERCIAL Descdpeon gqWNIGHTCLUB/TAVERN Methotl 6 Poinf of Entry Force used NOT FORCED Point of entry Method PROPERTY (NONE) VEHICLE INFORMATION . V �<a.;s� —�— ?Ci_'E ComplaintNumber 01-182643 VEHICLE 1 F� Saint Paul Police Department Status USED IN CRIME VEHICLE WAS TOWED Lo sfafus Doors un�ocked Ignition un/ocked Tiunk un/ocked Keys in vehrc/e Insurance 8 owner informaUon Insurence co. Lienholder Reg�stered owner Drivers license no. SOLVABILITY FACTORS Can suspectbe identified? Y�S Crime scene pracessed? Photas taken? YES ASSAULT,AGGRAVATED 08/25/2001 23:49 Descripbon License no. g$Z,qVU State WI Yea� 2001 v.i.N. 1 HGC67553NA133357 Make }.�OidDA Mode/ ACCORD Vehicie co nte n ts 8 d�iver Persona/ property in vehic/e Keys in vehic/e Owner allowed someone to ase vehic/e Person allowed to use vehic% Canbeidentihedby VICTIM/WITNESS Evidence tumed in? /s sto/en property haceable? Property tumed in� PUBLIC NARRATIVE Arrested female intentionally attempted to strike 2 female and struck security guard. Anest# Name Address DOB Age Race Sex YAN G, MAI KAO 4553 83RD CR , BROOKLYN PARK, MN 55443 04/16/1975 26 A F NARRATIVE Sqd 370 was sent to 1177 Clazence on an Agg. Assault. Security had a female in custody. We arrived and saw a black Honda Accord neaz the south entrance. The car was facing the building and the front of the car was touching a table near the entry. Security had an asian female in handcuffs. There was a security guazd sitting on a chair with an ice pack on his lefr knee. I had them remove the handcuffs. I asked her if the black caz was her's and she said it was. I asked her what happened and she told me, " I'm sorry. I'm too drunk. I couldn't drive the car. I eswrted the female to the back seat of our squad. While getting into the caz she told me, " Pm sorry. I had too much to drink and I couldn't drive saaight. I didn't mean to hurt nobody. ° The female was identified by MN photo DL as Mai Kay Yang, 04-16-75, 4553 83rd Circle, Brooklyn Park MN 55443. Medic 9 azrived and began treating the male with the ice on his knee. Year 1992 Type SEDAN ORfGINAL OFFENSE / iNCIDENT REPORT Rete2nce C.N. Primary o/lense Date and Time of RepoR Page 3 Co1or g�,qCK Doors 4 Transmission Shift Position I spoke to Kenneth Lee Dillard, 08-18-81, 1152 Barclay # 6, no phone, while medics were treating him. He is an employee of Dinner Club 2000. He told me that the suspect female had been in a• confrontation with 2 other females inside the club and they were all escorted out of the club. While outside of the south entrance the 3 females continued to yell at each other, calling each other e>; F„{p� ; -rv � . E Complaint Num6er Saint Paul Police Department Page 4 ORIGINAL OFFENSE / INCIDENT REPORT Refeience C.N. PAmary offense Date and Time af RepoR 01-182643 ASSAULT, AGGRAVATED 08/2512001 23:49 names. Dillazd took the 2 other females and sepazated them from the suspect female and told her to leave. She began walking away and then said, " I will kill you. I will kill you. " The female walked to her caz and drove past the south entrance. Dillard was still near the entrance talking to the other 2 females. The car stopped then backed up. The car tumed toward the entrance and drove towazds Dillazd and the other 2 females. Dillard grabbed the other females to help prevent them from being struck from the oncoming caz. The caz struck a table neaz the stairway/entryway and the table hit Dillazd. Medic 9 uansported DIllazd to Regions Hospital for pain to his left hip, knee, and ankle. Michael Ray Christensen, 02-10-57, 1456 E. Magnolia�{ 202, H/P 772-9224 told Officex Wills that he was an off duty employee of Dinner Club 2000. He was standing 1n the south entry when he saw the suspect get escorted out and then later saw the caz strike the table that hit Dillard. Ae has had prior contacts with the suspect. She has been in other physical confrontations with other patrons of the club. The other females that were involved in the prior confrontation were not on scene when we arrived. Officer Wills took the Following photos: 1) overall of crime scene 2) suspect vehicle ( WI 982 AVU ) 3) left front of suspect vehicle 4) right front of suspect vehicle 5qd 317 ( St. Sauver ) arrived and had the caz towed to the city lot. We transported Yang to HQ. While at HQ Officer Wills read her the Motor Vehicle Implied Consent Advisory. She agreed to take a breath test. MN State Trooper Carbajal performed the Intoxilyzer test which showed a BAC of .05. The film was tumed into Property I.ocker �J 14. Mai Kao Yang, 04-16-75, was booked for Agg Assault and transported to the ADC. Please distrihute to: [�'��I �sex CO Hom Rob Juv D/C _Burg _Theft ` Rptr _Vice _Narco _Oper _Prop SIU _PSC _Iab _Rec �Teazn _CAU tll:?.71 _F&F � _Auto DAO _Other � , � ' � 3 i" ` � A ='= ���:: E Saint Paui Police Department Page t of, PUBLIC OFFENSE / INCIDENT REPORT Comp/aint Num6er Reference C.N. Primary OHense Date and Time of RepoR 01-182643 ASSAULT, AGGRAVATED 08/25/2001 23:49 Primary Reporting ottrcer. MICHAEL A THARALSON Pnmary squad: 373 secondaryreportingofricer. MICHAELJ WILLS D;stdcr EASTERN ( EASTERN DISTRICT ) Secondary offense: Loca6on ofincident: � � 77 CLARENCE ST N Name ot/ocation/business: DINNER CLUB 2000 Date 8 Sme ofoccurence: 08/25/2001 23:49 A�restmade? YES Date & time of arrest 08/26/2001 00:30 POLICE PERSONNEL INVOLVED ARest made an view: YES Anest made on warrant or previoos CN: Weapons used by polrce: Weapons used by suspect at tlme of anesk Pursuft engaged.� Resistance encountered: CHARGES _ n�ame YANG, MAI KAO Arreststatus gOOKED eooking date 08/26/2001 Booking # Booking 5me 01:03 Cha AGG. ASSAULT Citationnumber Bail Originatingagency $PP[� Warrant number Charge C�v 01182643 Warrant type NAMES VICTIM DILLARD, KENNETH LEE 1152 BARCLAY ST fV #6 STPAUL MN 55106 PUBLIC NARRATIVE Arrested female intentionaliy attempted to strike 2 fiemale and struck security guard. : r#,� � 2. , I believe you have been driving, operating or controlling"a motor vehicle in violation of Minnesota's D.W.I. laws °and you have been placed under arrest for this offense,° or `�ou have been involved in a motor vehicle accident resulting in property damage, personal injury, or death:' `� 1. Minnesota law requires you to take a test to determine: (Cfieck when read) (Check applicable portion when read) � a.) if you are under the inffuence ofi alcohol ✓ (Check � when read) V (Check IF read) ✓ (Check when reatl) V (Check whe� read) MOTOR VEHICLE (Effective August 1,1897� �CRd/- /gZl �3 Time Started _��f 2 Location read:,� F• %/�>� b.) If you are under the influence of hazardous or controlled substances, or to determine the presence of a controlled substance listed in schedu{e I or II, other than marijuana or tetrahydrocannabinols. Refusal to take a test is a crime. 3. (READ ONLY IF PROBABLE CAUSE TO BELIEVE VIOLATION OF CRIMINAL VEHICULAR HOMICIDE AND INJURY LAWS) Because I also have probable cause to beiieve you have violated the criminal vehicular homicide or injury laws, a test will be taken with or without your consent. 4. Before making your decision about testing, you have the right to consuit with an attorney. If you wish to do so, a telephone wiil be made avaifabfe to you. If you are unable to contact an attorney, you must make the decision on yous own. You must make your decision within a reasonable period of time. 5. If the test is unreasonably delayed or if you refuse to make a decision, you wiA be considered to have refused the test. n i, Do you understand what I have just expiained? �`� r Do you wish to consult with an attomey? ���Cr.-.-„!- C�.f �� Time telephone made available: Start: Stopped: Wil! you take th (Breath B1ood or Urine) test? �� � ��\ (If person refuses:) What is your reason for refusing Name of Officer: /���/��s Time Completed:��_ � (PRINT name of off�cer) Date: /�:� -��/' � — ST. PAUL POLICE DEPARTMENT REPORT I CONTlNUATION OF: ❑ ORtGINAL REPORT ❑ SUPPLEMENTAL REPORT .;1s .�;�. -:;£, �3�; i�N:�'3 �'�xn,=^„��r�., .�uts- ,��IARRILTIY� i�`.` �a '�x �'� r?' xb .�:`"?^`�,. «:� �.# �,. �;." �" ��,�w,. '�lr m� �s; _ Artes[�Number "� Last Name � Frst Middie Address DOB Age Seu Race On $-26-01 I went to the ADC to speak with Yang, Mai Kao 4-16-75. While she ws being escorted to the interview room by a depury, Yang was crying loudly and had to be told to calm down and take a deep breath. I also had to tell her to calm down. During this time yang spontaneously told me "I'm sorry I shouidn't have done it, I'm sorry". Yang was advised of her rights via the standard form. She initialed each paragraph, but at the signature line, toid me she wanted to speak with a lawyer. At this point I ended the interview. 0 z C�7 , 6� � v: r.: �Yes 0 No ❑ CHF �om ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lsb ❑ Rec ❑ Team ❑ $ex ❑ Rptr ❑ plher ❑ D!C Burg � Theft � Pfop 0 CAU ❑ F&F Q Auto ❑ pA0 ❑ CO ❑ HumServ � Type PM 622-93R =a� 'LEMENTAL REPORT -C�� ST. PAUL POUCE DEPARTMEM ITINUATION OF: ❑ ORIGINAL REPORT ❑ SUPPLEMENTAL REPORT �d�,t rear�: n� m nr�e � A3Sc�' L�1� �ro �� �a.: i�a - A v�l i 2. 1�oti�A , f�i��� �: s� ��� l�[Nt�' � ���� �� � _ �� i � ❑ CHF eiHOm ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ lab ❑ D/C ❑ Burg � Theft � Prop Q CAU ❑ F8F � Auto �- - r!. fv ! .. O.T.: Typist: .� Code: � �Yes 0 No i Rec ❑ Team ❑ Sex ❑ Rptr ❑ Other DAO ❑ CO ❑ HumServ � T � PM 6YL-93R M � ���� x � , .p.—e 2 .r,o.p• . _ . . _ ' o� n rtlre or_aeP«e ����, � -� ; �- ar��r � : s � � �„ _ r.re ot a� -, = Z 7—O ( �` i3aD ' /�ls e� �-ss vr :� - � ❑ Multlple Clearanee - - O p � ❑ ❑ u�ro�aaa p P�aad c�a e n�.c p� C�� � Reason ror 6cceptional clearar�e: - � - - ' - -- - - p oeem w ar� ❑ aro�mo�, ��a ❑�mo„ �,;�a p v�m,,, a�a � coo�m p�►+ot � a,�oay �� � ,- , . ;._, ;.,. _._. F ..:. � = , . _ _ _ Arrest Num6er l.ast Name _ Fust Middle � Address - - DOB Age Sex Rua � �I , Y� �-� i�a-o y—�6 —�� ._ ---� neport neviewea tsy/unrc com aer. tmp. rvo.: O.i.: iypist FiA,C " • VK_�I�m.�..� 6�arP� 2 ❑ves p No ❑ CHF ❑ Hom ❑ Aob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ Rec ❑ Team ❑ Sex ❑ Rptr ❑ Other ❑ D�C � Burg ❑ Thek Q Prop Q CAU ❑ FB,F [] Auto � DAO ❑ CO ❑ NumServ :, � z Q� . � � , - � s , r�i;�'°b . :f �. e�nr: - PM 571-92R,. }� 79� 3�c Ci��an7 �✓at5 Se�e� 7`0 /l7� C/��`en�e c,� /C✓ G� �'� � 5. `G _ U v.•. a rn`�.OZ % ( �o.,...C� 5� � � (�ass G /• `�7 l2 ( °� a�= � �Sl�o� S �,�r,� �a /�cve _�(.� f�.S fu-�. ,`� c% "� a.-. G� G�� � � ,�,,......... ■ � _ 2000, Inc. dJb/a Dinner ub 2000, Inc. City's Exh. No. 5 — orr�ce.: Emp. No.: � _ � , O Emp. � Yes � No ( CHF ❑ Hom ❑ Rob ❑Juv ❑ Coord ❑ ID ❑ Lab Ree Team ❑ Sex ❑ Rptr ❑ Other U� D/C ❑ Burg ❑ Theft Q Prop ❑ CAU � F&F 0 Auto ❑ DAO CO ❑ HumServ � � PM � �-F f ST.PAULPOUCE DEPARTMENT Page �_ot GENERAL REPORT ST. PAUL POLICE DEPARTMENT P89B of� GENERAL REPORT Day Month Date Year Time• S uad: Team: yn►J I c� �( O( �- �� � EA Cla£sr�� Loce���al1lJ�CiVPX�1� �'�f �,es(J'-V� iime & Date of Occurrence: a � O � { Occurted � At Q Behveen: hrs. on L� ��\ and hrs. on Comp ' anYs e Last, Frst, Middle): Address: ���'� �r�� I�� � _ � � � 3 �. 5 .. " . -. l.� � CC`-�. � , �1�•� + Of� . � ill . � �,� - S�cl � 3i�o� ,, C��'1�.� �IIJNL� CWc � � �� i ���C�-�GIIrY.f �� �G�\C� ��SS � COJVI��q '✓1 � V�2 _� �� �..1-h�tx, t'le.c �h�c{,5 �c.�l.�e� c'c.-,r, p (�� �1 � r�� : ►-lll l (�l�l SSlot Ci(IRl@ �8b Propecty Aoom w ,e-�� �-,+ -k� � fl�ilb"t rcr-Y-rn�(�i�'t� � i� b. P� d�s�h �,�v �'��+rl W-� Ci�'l� `�2 �� �`J�SS`� w c_S 0.v�t� �,y� \�� . 1�1G-�'1GCt�XVllu'1� wc�S G.GtV(S�ck G�1c1 'T'l'�2� iY�S `�e_ ��'�p `- v �'�vti1 d `�ti� �c`ss -� �e,.� 56,w-� � e�C�t.�t<,v' ��icr�s� (�p - �tx� S i s5 � . �n� %c: �i .� �c� Sc[Z� � t -� Cor� �rJ�r '���c i L'fIF D Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab DJC ❑ Burg ❑ Theft ❑ Prop 0 CAU ❑ F&F � Auto � �� _ 2000, Inc. d1b/a Dinner C' ub 2000, Inc. �� City's Exh. No. 6 � U.I.: Typist: � �Yes � No � Rec ❑ Team ❑ Sex ❑ Rptr DAO ❑ CO � Q HumServ �..� ✓Z-2_ � Z �� r-- i � � � � ❑ Other �-� � �%D tJC- � � PM 621-92R e�y�� � �: � � , . �,.: _: E ComplaintNumber 01-231571 CRIM DAMAGE PROPERTY,AGG 10/27/2001 01:18 Insurance & owner info�mation Insufance co. Lienholder Registered owner Onvers ficense no. VehiMe eomenfs 8 tlri Persona/ property in vehiGe Keys in vehic/e Owner aifowed someone to use vehide Person allowed to use vehic/e SOLVABIIiTY FACTORS Can suspect be iden6hed? Can be iden6fied by Cnme scene processed? Photos taken� Etndence tumed m? Is sfolen property fraceable? Property tumed in? PUBLIC NARRATIVE Ag. Crim. Damage Arrest # Name Address DOB Age Race Sex - YANG, KONG XUE 1400 BEECH ST , STPAUL, MN 55106 06/28/1980 21 A M NARRATIVE Sqd 330T (Polski, Griffin) Sqd 374 (Erdman) and Sqd 376 (Bakken) were sent to 1177 Clarence Club 2000 on a group of 20 people fighting in the parking lot. When we azrived to Club 2000, we observed several vehicles with their windows smashed in. Upon anival we spoke with victim (Otto, George, S, 9526 Penn Circle Bloomington MN 55431, hp 952-884-9689, wp 952-888-4675, 02-09-52) who stated that there was 20 people in the pazking ]ot fighting with bats and clubs. Otto said the group of people got kicked out of the club for fighting and went to the parking lot. The group then statted to fight out in the ]ot. Several of the people took off in their cars, and some took off on foot. Otto saw the the individual that smashed in 2 of the 3 car windows. He gave us the description of the individual. He was an Asian male with a black sweatshirt with white wri[ing and blue jeans. The descrlption that Otto gave us was the same description of the suspect ( Yang, Kong Xue, 1400 Beech, 06-28-SO) Officer Erdman stopped on foot at Maryland and Barclay. We took Otto ro the suspect and he identified him as the person who smashed in the car windows. One of the males that ran from officer Erdman was caught by officer Bakken. That male was identified as ( Vang, Ben, 2353 James AV MPLS MN 55411, O1-18-85, 612-588-3802). Although he was with Yang, no one could identify him as having smashed oui any windows. Officer Bakken released Vang. One of the cazs (761-PWW, Toyota Celcia, 85 2dr blue) belonged to Otto. Otto's back hatchback window was smashed in. The second caz (DVZ-614, Dodge Dakota, 4dr blue, 1B7GG22X1YS565602) belonged to (Yang, Lou, 298 Dawn AV Shoreview MN 55126). Yang's truck had damage to the front windshield and to the back driver's side window. We were unable to locate Yang. The third car (406-LVZ, Toyota Camary, 4dr silver, 4TISK12E7SU552202) had a smashed back window. We were unable to locate the driver of this vehicle. The license plate 406-LVZ came back not on file. Yang, Kong was booked in the Annex. Sqd 340 (Nelson) took photos of the cars. See supp for details. Attached is 374's supplement. No criminai history was found. Please distribute to: V CHF _Hom _Rob l Sex _D/C ,Burg _CO _Rptr _Vice Saint Paul Police Department Page 4 ORfGINAL OFFENSE 1 INCIDENT REPORT Refirence C.N. Pnmary oflense Date and Time of RepoR _Iuv _Theft Narco _Oper _PSC _Lab _ _Rec Team _Piop � � 2000, Inc. d/b/a Dinner ub 2000, Inc. _SIU � CiTy's Exh. No. 7 � � •�� " `�- . Saint Paul Poiice Department Pa � �-.. .. SUPPLEMENTAL OFFENSE / INCIDENT REPORT Gomplaint Number Reference G.N. Primary otfense Date and Time of RepoR 01-231571 Criminal Damage to Property 10i27/2001 00:29 Pnmary Reporting otticer. TERRANCE Q ERDMAN Primary offense deta�7: Primary squad: 374 Secondary ieporting officer D�rn,ct: EASTERN ( EASTERN DISTRVCT ) Secondary offense: Location ofinordent Name of/ocation/business: Dafe & time ofoccu2nce: Arrest made? Date & 6me of arrest POLICE PERSONNEL {NVOLVED Ar2st made on view: Pursuit engaged: Amest made on wanant or previous CN: Weaports used by police: Weapons used by suspect at 6me of amest Resistance enco�ntered: CHARGES n�ame YA1�1G, KONG XUE charge CRIMINAL DAMAGE TO PROPERTY Cifafron numbei Bail Wanant number Sooking # eookmg lime 0020 Onginatlngagency ST. PAUL Charge CN 01231571 Warrdnt type NAMES ARRESTEE YANG, KONG XUE 1400BEECH AV STPAUL MN 55106 Physical Descripfion Phones Sex MALE Height HairColor Home phone 651-776-0985 rzace ASIAN Weight Hispanic Bui7d Doe 06/28/1980 Skin A9e 21 Arrest Status gOOKED eooking date � 0/27/2001 Hair Type HairLength Facral Harr d \ � � lJ" Physical Condifion Employment � � Conscious»ess Occupafion �,^ v •� Drug/alcohol use Employer � } V CRIME SCENE DESCRIPTORS \ T ��- ��� �� � � � � � �� ',, � Saint Paui Police Department Page 2 � SUPPLEMENTAL OFFENSE / INCIDENT REPORT ComplaintNumber Reference C.N. Pnmary oflense Date and 7ime of Report 01-231571 Criminal Damage to Property 10/27I2001 00:29 Crime Scene Method 8 Point ot Enhy Ty� Descnpfion Farce used NOT FORCED Point of entry Methotl PROPERTY 1TEM 1 Recovered Quanf Model # Serial # Descriotion Total vafue Date Owne� YANG, KONG XUE LocaSon Tumed in at PROPERTY ROOM LOCKER VEHICLE INFORMATION Locker/D# 3 5 FOOT METAL PIPE Art'cle rype /ltem OTHER PROPERTY Lab exams $ '10/27l200 / MISCELLANEOUS ITEMS YANG, KONG XUE 1400 BEECH AV , STPAUL, MN 55106 06/28/1980 21 A M NARRATIVE On 10-26-01, at about 2344 hours, squad 374 was going to 1177 Clazence on a report of peopie fighting with bats. While enroute, the dispatcher said that people were smashing out windows on cars. As I pulled up to the comer of Clarence and Maryland, one half block north from the site of the incident, I saw three Asian males walking towazd me, one was carrying a long club of some kind. As I stopped my squad and was getting out, the male hid the club behind his back, then dropped it in the grass. I ordered all three persons to stand by my car. As they were walking up to my car, another one of the males dropped a metal pipe by the side of my car (it was pazt of a"car club", an anti-theft device). As I was calling out my situation to the dispatcher, one of the males, whom I never saw as having anything in his hands, ran away. A few seconds afrer that, the dispatcher was airing some information that the suspects involved may have guns. Just then, another one of the males ran away. As he ran, he was holding his right side waist area. I aired his description and another squad caught him. I secured the male I had. He verbally identified himself as YANG, KONG XUE, 6-28-80. He denied any wrong doing. I collected the club that I saw YANG have; it tumed out to be a long meta] pipe. I brought it to HQ and turned it into PL # 3 I brought YANG to HQ, telling him he was under arrest for felony criminal damage to property. At HQ, I turned YANG over to squad 330T Polski / Griffin. Please distribute to: _CHF _Hom _Rob V Sex CO D/C _Burg _Rptr _Vice _Juv _Theft _Narco _Oper _PSC _Lab _Rec _Team _Prop _CAU SIU T&A F&F � Auto DAO ^ Other �v�— w' I PLEMENTAL REPORT oi q�" OG� ST.PAULPQUGE DEPARTMENT ITINUATION OF: ❑ ORIGINAL REPORT L��X2-N�2�Sori�?�{fl� aSS�S�d �� t`UIS�; �.3,�jJ �'� (l7'� �(aru✓icG, � k�l�ft F'o(lowi�4 Phoft>S: J f � 3 � S � � `��( LV l j'Pe��c���rdorv �i�/'a �;0.sG�� ✓��4�' w� ��oo.� ��( P c� c,� ('c?ar w,� �� {�v2�r�f- ���" �r��w l ti 2-�r l an wa s t-v�n e�l „� �-o �' icn loc,�-�.� ��. � Z O --- � � N� /S,ovi � CHF Q Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab XSKec �Team ❑ Sex ❑ RPU � Other D/C ❑ Burg�Th�� Prop ❑ CAU ❑ F6F 0 Auto ❑ DAO ❑ CO ❑ HumServ � T� PM 6Y2-93R i f �^� P.ae , d� a� /� �2Lt ST. PAUL POLICE DEPARTMENT fTiNUATION OF: L5� ORIGINAL F REPORT Oois �� �3D % �OGS�L. G4n7T.�� WAS �n?� �- G�✓.J Z�O� � 1 � n o.J /J �� vl"� .��t,�J cJC. A!'✓i-. ✓<�X wG �'sS'�ZY.�../" �../ G '�./j2 S -� t� /j � 1:�. ��R. :�a �Ow� ��.o-SI"`�-c �.+ _ - � (�E _ �<? S�$�v� `l.oiv�. ICo..�S .�J� � i�� �.L.� -�� A C�;�, J,-.r.��� .. C-J2 w�-.� un�r3(R � L�c,�-fC ��e o�.:=-r,r�'� �-� o�ac Va�,�4 _ �e cx> v.i2 �J� -�o l-� C� - r�� C.l.� �,� -� : iz ,S f,o rv s o� ��a ; /L ✓e �i • � owr�.ti o -�1.� %o Cn,-•,.42� w,os </hgJ� . ��v , eJ , Zo� / /YtA.�Ji-�OV� �d" Zy _(�`�� L� �3/- GZ �5�. G� CoS/ ��/pZ -/3Y 0 z i N W / 111 CHF ❑ Han ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lab D/G � Burg �Theft � Prop ❑ CAU ❑ F&F � Autp G/ ❑ T.: � I TyplBt I Yes No 1'feam ❑ Sez ❑ Rptr ] CA ❑ HumSen Ql.I Other ❑ TYpe /, l PM 6 ( �Vi�l �C � � � � y O z d H � m 0 � 0 � n 0 c S T n � / � C N H �� �J r� � ro � m � 0 9. � ' � y k — a" N � � a < y • 0 z. ro � N � � � n n � � n � A c' � i i i �, n n -� D � � a c 3 � A 's o n o K H A � o �" ' o °- � 3 D D I 1 pJ T a O Q G D � 0 � 9 n D � � r p-o R r � � i i � � ,o � no = a �o � � � � n o s n o � � i F 2 (� -n y r N � � 0 � � � � A m � " '. o C J l�t + � �i a � - p o — � � � a 3 m „ a , � m � c � a a � 1 m ' ���� a-� SUPPLEMENTAL REPORT -7�-G•i c2�I ST. PAUL `rz: REPORT C� SUPPLEMENTAL REPORT OD/5` �� 33a : ��La/�-: �:c,���:.�� was 5e,.�7 � c!�!3 Zoav o..� ,a -F.' L��-- . tiiJt;,� ��e. A:.n,: �L�.P :..�� asS�-iuc�' �e..�e.�,a C e,,.-z s -v:�{� - }Lz , 2 �.ancXewS �'r.o-5��1/ /iJ - C.JC' - �<?�2�5 -�rX �-•e S._;$�v� �rF+nl � . �C�-�5 �'� � i l�o� �-.� �v A� C.�;�, J�-,_.A�� . C.::e w�-`c. uns.l3 (.,�. -� Goc � fC_ 7`!� P�= i'�'L v� o;.�c V2 G.,� L� !l2 Gi>>vL.'�, w2�J�' -f-o /�C� �� c.l.��,� �.,z S<.af,1s a� - �' - �Z;/� ✓e,�,. ;� ��.��.L �-� -�� �o ��.�,az wAs ��o�� . �<�� . ,� , z��., /Yl.o,�7 i �t� ✓ � 4 �- Z`� �- �o'� J Lµ� �3/ - U'Z �5�� cf� CnS/ - S�J� Z - � 3 `�°✓� . � z O 1 N w / � n a�Ls,�. L ,o�..,...o.�� .,�,�.... .,..�.ryo.. _...,..._.. _.... ..�.--. -�� ----� _ _ . � ��-, �� yE.S-� oY�-� � — ❑ CHF ❑ Hom Rob ❑ JW ❑ rt1 ❑ ID ❑ Lab ❑�Rec ❑ Team ❑ Rptr ❑ Other ❑ D/C ❑ Burg � Thek [] Prop ❑ CAU ❑ F&F ❑ Auto ❑ DAO ❑ CO ❑ HumServ �Type PM 6?2-93R ' '� a r �I �6 ST. PAUI � LICE DEPP EPORT I� CONTINUATION OF: ❑ OI REPORT C� SUPPLEMENTAL REPORT L UflIB 4 11R19 0f 1'IBPpfC V(IBft$9I1 IL �Oa�ll. I IIIq VI NIW�. (D �1-01 a r 06v`� cp - Fdt � �., � ,� � � r�� , � �,� :�ytaneRanv�==��. .. Ev�.. �� . £� . °� .. .=,.�F _ ��; : � �.. s : r:.:.=- .:�F. ..: ,. . :.... _w -_. �. �. , Artest NUmbel Les[ Neme Frst Middle Adtlrees D09 � Age $ez Race �(�NZ�SOn�34 aSSiS�h'�d �c- T"V�S�r �3�1 �� r�-� cr��a ncZ, 1- '�fi7�L'HtL' �D � �owt ✓t� � }�Dt7i 5 : r 2 "fl1( `VT ����w,��� ��o ��s�� 3 rr��urc�- -�croo.� � 7�j ��c,� f �c?a✓ w,✓i,�oc:� G� �J �� � �/�' ( `��� t.�/iai�Q(.tJ u lG,e �z ��� r � f v�ne� .n ��lGn �oc�-��� (�, 0 z � --� �S`' � e- n newewea nyi�nrt wmmaraer. tmp. rvo.: ��o.Y� � I 7yp�st: I q,0.:// r, � �•u� 6FiF ❑ Hom ❑ Hob ❑ Jw ❑ Coord ❑ 1D ❑ Lab .�r+ec �em ❑ Sex ❑ Apn Other D/C ❑ Burg�Th�Q Prop � CAU ❑ F&F ❑ Auto ❑ DAO ❑ CO ❑ HumServ � T � '-��i'l^�'✓ 1 PM 622-93R _ - �s� �-�_ P�LICE Saint Paul Police Department ORIGINAL OFFENSE / iNCiDENT REPORT Page � Complaint N�mber Reference C.N. Primary offense Date and Trme of Report 01-235286 ASSAULT, AGGRAVATED 11i01i2001 02:20 Pnmary Reporting �cer. �EREMY J RYAN �ocation ofincident: 1177 CLARENCE ST Primary offense detait t�,3� Primary squad: 310T Secondaryieporiingotticer. DAVID J KANTOROWICZ oistrict: EASTERN ( EASTERN DIS7RICT ) Secondary oKense: Name oflocaSoNbusiness: C�UB 2000 Date & 6me ot occurence: 11 /01 /2001 0039 Arrest made? Date & time of arrest: POLICE PERSONNEL INVOLVED Anest made on view.� Anest made on war(ant o�previous CN: Weapons used by police: Weapons used by suspect ai time of arrest: Pursuit engaged: Resistance encountered: CHARGES (NONE) NAMES V/CTIM THUOK, VANNA NMN 1755 SEIBY AV STPAUL MN 55104 Phy Descripfion Phones Sex FEMALE l-reight 5-4 HairColor BLACK Home phone 651-917-2092 Race ASIAN Hispanic o0e 11 /08/1980 Age 20 Weight 120 euild SLENDER Skin BROWN - LfGHT tiairrype STRAIGHT h'aircength LONG HAIR Facial Hair Physical Condition Employment Consciousness Occupafron Dlug/alcoholuse Indentifying Feafures RIGHT HANDED Injuries Taken to heal(h care facility YES rype UNCOtVSCIOUS Type ApPqRENT MINOR INJURY _ e� F JL OP� �- T��m. Employer Medical release o6tained? YES Location HEAD Location TORSO/FRONT � . 0 2000, Inc, d/bfa Dinner ub 2000, Inc. e City's Exh. No. 8 \� � _) � W � � Noivt - �, �q co !' /X �j'r' r/ic E ��_..�. � �., 4,� pfjLICE Comp/aint Num6e� 01-235286 Saint Paul Police Department Page 2 ORIGINAL OFFENSE i fNCiDENT REPORT Refe�ence C.N. Primary oHense Date and Tme ofReport ASSAULT, AGGRAVATED 11/01/2001 02:20 VICTIM NEWELL, LATOYA TAWANDA 1755 SNELLING AV N STPAUL MN 55104 PhysFCa! DescripSOn Phones Sex FEMALE Race BLACK Hispanic DOB 11/21/1982 .4ge 18 Physical CondiSon Consciousness Height 5-5 Weight 180 euild HEAVY Skin BROWN - DARK Drug�a�coho� use HAD BEEN DRINKING HairCo/or BLACK HairType STRAIGHT fiarrLength MEDIUM HAIR Facial Nair Employment Occupation Empioyer Home phone 651-917-2092 Indentifying Features LEFT HANDED /njuries Taken to health care facifrty Type APPARENT MINOR INJURY 7ype APPARENT MINOR INJURY Medical release obtained? YES Location ARMS/HAND Cocation LEGS/FEET V/CTIM HAGLUND, DAREN DUANE 2312 D CRESN{EW DR HUDSON WI 54016 Physical Description Phones Sex MALE Race WHITE Hispanic Dos 07/19/1961 Age 40 Heignt 5-11 Weight 175 euild MEDIUM Skin PALE HairColor BROWN HairType STRAIGHT HairCength MEDIUM HAIR Facial Hair Physical Condifion Empl Consciousness Occupation Drug�a�coho�use HAD BEEN DRINKING ALCOHOL lnjuries Taken to health care facility YES Type APPARENT MINOR INJURY Employer Medical release obtained? Location HEAD ,�: . Saint Paul Police Department Page 3 ' OR{GINAL OFFENSE / INCIDENT REPORT Comp/aint Numbe� Reference C.N. Primary oflense Date and Time of Report 01-235286 ASSAULT, AGGRAVATED 11/01/2001 02:20 SUSPECT YANG. KONG XUE 1400 BEECH ST STPAUL MN P hysic a7 Des Ph Sex MALE Height HairCofor Race ASIAN Weight Hai�Type Hispanic DOB O6/ZS/19$O Age 21 Physical Condi6on Consciousness Drug/alcoho! use Build Skin BROWN - LIGHT Hair Lengtb Facia/ Hai� Employment Occupatron Employer SUSPECT VUE, DANG NMN UNKNOWN Physical Description Phones Sex UNKNOWN Height HairCo/or Race ASIAN Weight HairType Hispanic DOB Age 24 TO 25 Build Skin BROWN - LIGHT Hair Length Facial Hair Physica! Condition Empioyment Consciousness Occupat�on Drug/a/coho! use Employer W/TNES5 VUE, MAI LIA 41 DELOS S�� STPAUL MN 55107 Physical Description Phones Sex FEMALE Height HairColor Home phone 651-293-1775 Race QSIAN Weight Hai�Type Hispanic Build Hair Length Dos 10/14/1983 Age 18 Skin BROWN - LIGHT Facral Hair Physicai CondiSOn Employment Consciousness Oocupation Dmg/alcoho! use Employer � - Saint Paul Police Department Page4 ' ORIGINAL OFFENSE / INCIDENT REPORT Comp/aint Number Reference C.N. Primary oAense �ate and Time of Report 01-235286 ASSAULT, AGGRAVATED 11l01/2001 02:20 W/TNESS HANG. PAO VANG 706 CLEARBROOK LA VADNAIS HEIGHTS MN 55127 Physica/DescripSOn Ph Sex MALE Height Hai� Cofor Work phone 651-77$-8578 Race ASIAN Weight HairType Hispanic DOB Age 35 TO 40 Hair Length Build Facial Hair Skin BROWN - LIGHT Physical Condi6on Employment Consciousness Occupation Drug/alcohol use Employer V/CTIM LEE, CHONG TONG 273 EDMUND AV STPAUL MN 55104 Physica� Desc�iption Phones Sex MALE Heiyht 5-6 h'airColor B�qCK Home phone 651-292-0708 Race ASIAN Weight 150 h'air7ype STRAIGHT Hispanic oos 03/13/1982 .age 19 P Condition Consciwsness Orug/alcoho/ use HairLength SHORT HAIR Facial Hair eui�d SLENDER Skin BROWN - LIGHT E Occupat�on Employer Inj Taken to health care facility Type qPpqRENT MINOR INJURY 1456 MAGNOLIA AV #202 Physica! Description Sex MALE Height 5-9 Race WHITE Werght 170 Hrspanic euild MEDIUM DOB 02/10/1957 Skin PALE Age 44 STPAUL h'airco�or BROWN flairType WQ�/y/CURLY Hairlength MEDIUM HAIR Facial Hair MN 55106 Phones Home phone 651-772-9229 Physical Condition Employmenf . Consciousness Occupat�on Medical release obtained? YES Location HEAD Orug/alcohol use Employer Saint Paul Police Department � ORIG{NAL OFFENSE i INCiDENT REPORT Page 5 Comp/aint Number Refe2nce C.N. Pnmary offense Date and Trme of Report 01-235286 ASSAIlLT, AGGRAVATED 11/01/2001 02:20 CRIME SCENE DESCRIPTORS Crime Scene rype RETAIL DescnpGon Weapon(s) Used Type BOTTLE/GLASS/ETC, BASEBALL BAT Mefhod & Poinf ofEnby Force used NOT FORCED Point of entry Method VEHICLE INFORMATION VEHICIE 1 Sfatus Status SUSPECT VEHICLE Lock status Doors unlocked Ignition unlocked Trunk un/ocked Keys in vehicle (nsu2nce & ow�er information lnsurance co. Lienholder Registered owne� Dnvers /icense no. Vehicle contenu & drrver Personal property in vehicle Keys in vehicle Ownerallowetl someone to use vehicle Pe�son allowed to use vehicle Year Type HATCH BACK Co�o� WHITE Doors 2 Transmission ShiR Positron SOLVABILITY FACTORS Gan suspect 6e identified? YES Cnme scene processed? Photos taken? YES Descriptian License no. State MN Year 2002 V.I.N. Make HONDA Model CIVIC CRX Can be identified 6y VICTIMS/ WITNESSES Evidence tumed in? YES ls stolen property traceabfe? Property tumed in? NARRATIVE WE, SQUAD 310T (KANTOROWICZ(RYAN) WERE SENT TO 1177 CLARENCE ST (CLUB 2000) ON AN AGGR,4VATED ASSAULT. THERE WAS AN UNCONSCIOUS FEMALE LATER IDENTIFIED AS THUOK, VANNA NMN (11-08- 80, 1755 SELBY AVE, HP 91702092) LAYING IN A BOOTH AT A TABLE. SHE HAD INJURIES TO HER CHIN, HEAD, AND CHEST. SHE WAS BLEEDING FROM THE MOUTH. THUOK WAS TR,4NSPORTED TO REGIONS BY MEDIC RIG 9. PaHi � '_�:_. PGLIr£ Complaint Number 01-235286 Saint Paul Police Department Page 6 ORIGINAL OFFENSE / INCIDENT REPORT Reference C.N. Primary oSense Date and Time of Repo�t ASSAULT, AGGRAVATED 11/01/2001 02:20 THERE WAS A MALE WI7H HEAD INJURIES WHO IDENTIFIED HIMSELF AS HAGLUND, DAREN DUANE (07-19-61, 2312 D CRESNIEW DR, HUDSON WI, UNKNOWN PHONE)_ HAGLUND STATED THAT HE WAS SITTING IN A BOOTH AND WAS STRUCK BY AN OBJECT FROM BEHIND. THE OBJECT CUT THE TOP/LEFT SIDE OF HIS HEAD. HE WAS UNCONSCIOUS FOR A FEW SECONDS. HIS GLASSES WERE ALSO BROKEN. HAGLUND WAS TRANSPORTED TO REGIONS BY MEDIC RIG 17. WE SPOKE WITH THE OWNER OF CLUB 2000. HE IDENTIFlED HIMSELF AS HANG, PAO VANG (706 CLEARBROpK LN, VADNAIS HEIGHTS, CELL 651-260-7631, BP778-8578). HANG STATED THAT AN ASIAN MALE, 5'5", 20-23 YOA, BLONDE HAIR (FLAT TOP),WHITE T-SHIRT, AND BLUE JEANS HAD STARTED THE FIGHT. HE SAID THAT THE MALES FIRST NAME WAS WONG AND HIS LAST WAS EITHER LOR OR YANG. HANG STATED HAGLUND AND THUOK CAME TO THE CLUB TOGETHER AND THAT THUOK HAD GONE OUTSIDE. WHILE THUOK WAS OUTSIDE, WONG HIT HAGLUtVD IN THE HEAD WITN A BOTTLE. t1E THEN WENT OUTSIDE WITH A GROUP OF 4-5 MALES AND ATTACKED THUOK. THUOK WAS HIT IN THE HEAD WITH A BASEBALL BAT. HAND GAVE US A SURVEILLANCE TAPE FROM THE INCIDENT. WE THEN SPOKE WITH A BOUNCER WHO IDENTIFIED HIMSELF AS CHRISTENSEN, MICHAEL (02-10-57, 1456 MAGNOLIA #202, HP 772-9229). CHRISTENSEN STATED THAT HE RECOGNIZED TWO OF THE MALES INVOLVED IN THE ASSAULT. ONE WAS A PAST SECURITY GUARD AT CLUS 2000 WHO HE iDENTiFIED AS VUE, DANG (A/M, 24-25YOA). THE SECOND WAS A MALE WHO WAS ARRESTED AT CLUB 2000 LAST WEEK FOR AGG CRIM DAMAGE. THIS SUSPECT IS YANG, KONG XUE (06-28-80, 1400 BEECH, PCN 01-231-571 ON 10-26-01 AT 2344 HOURS). CHRISTENSEN SAID THAT THE MALES FLED IN A WHITE HONDA CIVIC CRX. THE HOOD ON THE HONDA 1S BLACK. WE ALSO SPOKE WITH VUE, MAI L�A (10-14-83, 41 DELOS, HP 293-1775, PAGER 612-613- 2919). VUE STATED THAT SHE WAS OUTSIDE OF CLUB 2000 WHILE THUOK WAS BEING ASSAULTED. SHE SAID THAT THERE WERE4-5 MALES HITTING HER. ONE OF THE MALES WAS USING A BASEBALL BAT. THUOK ENDED UP UNCOSCIOUS IN THE PARKING LOT AND WAS CARRIED INTO THE CLUB BY CHRiSTIANSON. WE WENT TO REGIONS TO SPEAK WITH THE VICTIMS AND TO TAKE PHOTOGRAPHS. THUOK TOLD US THA7 SHE WENT TO THE CLUB WITH HAGLUND. WHILE AT THE CLUB, ONE OF THE SUSPECTS ASKED HER TO DANCE AND SHE REFUSED. SHE THEN WENT OUTSIDE AND WAS ASSAULTED BY A GROUP OF MALES. WHILE AT THE HOSPITAL, WE WERE MET BY ANOTHER VICTIM WHO IDENTIFIED HERSELF AS NEWELL, LA'TOYA TAWANDA (11-21-82, 1755 SNELLlNG, HP 917-2092). NEWELL STATED THAT A FIGHT BEGAN WHILE SHE WAS IN THE CLUB AND SHE WAS HIT BY A MALE. SHE RAN OUT OF THE CLUB AND WAS MET BY THE SAME PERSON WHO WAS HITTING HER. SHE BEGAN TO FIGHT THE MALE AND ENDED UP INJURING THE RING FINGER ON HER LEFT HAND. HER RIGHT LEG WAS ALSO SWOLLEN. WE WENT TO HQ TO WRlTE THE REPORT AND WERE SENT BACK TO REGIONS TO MEET ANOTHER VICTIM. WE MET LEE, CHONG TONG (03-13-82, 273 EDMUND, HP292-0708) LEE STATED THAT HE WAS STAND{NG NEXT TO TfiE DJ WHEN THE FIGHTING BEGAN. SOME MALES WENT IN THE CLUB WITH BATS AND CHAINS. HE WAS STRUCK IN THE HEAD WlTH A BOTTLE AND WAS ALMOST STRUCK W1TH A CHAIR. HE HAD A CUT TO THE TOP OF HIS HEAD, LEFT EAR, LEFT HAND, WRIST AND ELBO. LEE, THUOK, AND NEWELL SIGNED MEDICAL RELEASE FORMS. HAGLUND REFUSED TO SlGN THE FORM UNTIL HE TALKS TO AN ATTORNEY. HE WAS GIVEN A FORM AND ADDRESS TO RETURN IT TO. WE TOOK PHOTOGRAPHS WITH A CANNON T-70, FLASH, MITSU 400 COLOR FILM. THEY ARE: , ROLL 1 1. OVERALL OF THUOK Saint Paui Police Department Page 7 � � ORIGINAL OFFENSE / INCIDENT REPORT Complaint Number Refe2nce C.N. Pnmary offense Dafe and Tme of RepoR 01-235286 ASSAULT, AGGRAVATED 11/01/2001 02:20 2. OVERALL OF THUOK 3. OVERAI_L CHEST AREA OF THUOK 4. CLOSE-UP RIGHT LOWER NECK OF THUOK 5. OVER4LL OF NEWELL 6. RING FINGER OF NEWELL 7. RIGHT KNEE OF NEWELL 8. OVERALL LEFT SIDE OF FACE OF HAGLUND 9. LEFT SIDE OF FACE OF HAGLUND 10. CLOSE-UP INJURY OF HAGLUND 1'f. BROKEN GLASSES FROM HAGLUND ROLL 2 1. OVERALL OF LEE 2. LEFT SIDE OF LEES FACE 3. CLOSE-UP OF CUT ON �EES HEAD 4. LEFT HAND OF LEE 5. LEFT ELBO OF LEE THE FILM WAS TURNED INTO PL #74 AND THE VIDEO TAPE WAS TURNED INTO PL #5. AFTER SEARCHING THROUGH RECORDS IN RMS, WE BELIEVE THAT THE PAST SECURITY GUARD FROM CLUB 2000 IS VUE, DENG VANG (06-15-72, 1347 AMES). Please distribute to: _CHF _Hom _Sex _D/C _CO _Rptr _Rob _Juv _Burg _Theft Vice _Narco _Oper _PSC _Prop _CAU _SIU _T&A _Lab � _Rec _F&F _Auto _Other _Team ��• � ��� Saint Paui Police Department AUTHORIZATION AND CONSENT FOR RELEASE OF MEDICAL INFORMATION ❑ Saint Paui Departrnerrt of Fre and Safety Services ❑ Fairview Healih Services ❑ United Nospihal ❑ Regions Haspital ❑ HeallhEast St John's Hospital ❑ HeailhEast SL Joseph's Haspihal ❑ HealthEast Bethesda Lutheran H�pital � Rehab7itation CeMer ❑ Hennepin CouMy Medical Cec�tes ❑ Childrens Hospitals and Clinics ❑ RE: Patierrt Name NEz.�€�<-� t-� TcYa Date of Birth n g'=- Recort Number Social Securiry # - — This wilf authorize ��� f"-. � T�`iA 'TA+aa.�d.t to release to the Saini Paul Police Departrnent med"�caf records ( Q including Q not induding reports involving alcohol, drug abuse or psychiaVic Veatment, if applicable) maintained while I am/was a patieM at the above named faaliry during the following dates: lI- o� �°� . The purpase for the disclosure is � v � � = The information to be disclosed is: �COMPLETE RECORO • Consuitation(s) • Occupational Therapy • Corcespondence • Operative Report • Discharge Summary • Pathology Report • EEG (Electroencephalography Reports) • Physical Therapy � EKG (Electracacdiogram Reports) • Psychological Testing • EMG (Electromyelography Reports) • X-Ray Reporfs • Emergency Report • Other • History and Physical Exam • Laboratory Reports • Labor and Delivery Summary • Nurses' Notes The infortnation has been disclosed to the above person, organization or agency from records whose confideMiality is protected by Federal law and rules (42 CFR, Section 2) and by Minnesota Statutes. Federal regulations prohibit the above person, organization or agency from making any further disclasure of this information without my prior written consent. l understand that I have no obligations whatsoever to disclose any infortnation hom my record and I may revoke this consent at any time by notifying �EG i o--+ � in writing; specitying a tFlealu�rare rnqsruzation> date, time, event or condition upon which my cronsent wili expire. I have had this form explained to me and understand its contents. This authoriza- 6on will emirQ in 1 PareM, 'rf not otherwise sQec'rfied. person �t� 1 C� � Date Reason patieM is unable to sign ll0 / r�� Date Refused Access �Yes ONo PM 644-98 Physician crontacted C]Yes ❑No Sainf Paui Police Department AUTHORIZATION AND CONSENT FpR RELEASE OF MEDICAL INFORMATION ■ ■ ■ ■ ■ ■ ■ Saint Paul Departme�t of Fire and Safety Services Fairview Heafth Services United Hospital Regions Hospital HealthEast St. John's Hospitaf HealthEasi St. Joseph's Hospital HealthEast Bethesda Lutheran Hospital & Rehabiiitation Center Hennepin Couniy Medical Center Childrens Hospitals and Clinics RE: Patient Name / n�� L Date of Birth ��- Vfi Record tJumber Social Securiry # - _ This will authorize ��"�'� ✓a*'^�i �"'"�"�'� to release to the Saint Paul Police Department medical records (Q including � not including reports involving alcohol, drug abuse or psychiatric treatment, if appiicable) maintained while I am/was a patient at the above n facility during the following dates: 7l- �-- �� . The purpose for the disclosure is RG` / f s S.4W� The inSormation to be disclosed is: � COMPLETE RECORD • Consultation(s) . Occupational Therapy • Correspondence • Operative Report • Discharge Summan/ • Pathotogy RepoR � EEG (Electroencephalography Reports) • Physical Therapy • EKG (Electrocardiogram Reports) • Psychological Testing • EMG (Electromyefography Reports) • X-Ray Reports • Emergency Report • Other • History and Physical Exam • Laboratory Reports • �abor and Delivery Summary � Nurses' Notes The information has been disclosed to the above person, organization or agency from records whose confidentiality is protected by Federal law and rules (42 CFR, Section 2) and by Minnesota Statutes. Federat regulations prohibit the above person, organization or agency from making any further disclosure of this information without my prior written consent. I understand that 1 have no obfigations whatsoever to discVose any information R F (ytc � i from my record and I may revoke this consent at any time y notifyin in writing; specifying �/� {, � (Heatlhcare Orgamution) a date, time, event or condition' pon which my con� VH�c� . �ve-had this torm explained to me and understand its contents. This autho- rization will expire in 1 year ���}tM�{v�g�p� ied. '���� n 7 () \ Z Parent, guardian or authorized person lFG-Gl Date Relationship to patient if parent is un le to sign Reason patient is unable to sign / ,f UJ—fJ/ Signature of Witness Date , Physician contacted OYes ❑No Refused Access �Yes ❑No z � Saint Paul Police Department AUTHORIZATION AND CONSENT FOR RELEASE OF MEDICAL INFORMATION ❑ Saint Paul DepaRment of Fire and Safety Services ❑ Fairview Health Services ❑ United Hospital �' Regions Hospital ❑ HealthEast St. John's Hospital ❑ HealthEast St. Joseph's Hospital ❑ HealthEast Sethesda Lutheran Hospitaf & Rehabilitafion CeMer ❑ Hennepin County Medical Center ❑ Childrens Hospitals and Glinics ❑ RE: Patient Name Date of Birth Record Number L E.°'_ Luo,� �...a. Social Securiry # This will authorize Z=� . C.� ��- T-�^- to release to the Saint Paul Police Department medical records ([� including � not including reports involving alcohol, drug abuse or psychiairic treatment, if applicable) maintained while I amlwas a patient at the above named facil+ty during the following dates: !�- C+-O j . The purpose for the disclosure is � ��- r, Td The information to be disclosed is: �60MPLETE RECORD • Consultation(s) . Occupational Therapy • Correspondence . Operative Report • Discharge Summary . Pathology Report • EEG (Electrcencephalography Reports) . Physical Therapy • EKG (Electrocardiogram Reports) • Psychological Testing • EMG (Electromyelography Reports) • X-Ray Reports • Emergency Report . Other • History and Physical Exam • Laboratory Reports • Labor and Delivery Summary • Nurses' Notes The informafion has been disdosed to the above person, organization or agency from records whose confitlentiality is protected by Federal law and rules (42 C�R, Section 2) and by Minnesota Statutes. Federai reguiations prohibit the above person, organization or agency from making any further disclosure of ihis information without my prior written consent. I understan that I have no obligations whatsoever to disclose any information from my record and f may revoke this conseni at any time by notifying 1« `O ^'�'� in writing; specifying (Healihcare orgemzallon� a date, time, event or condition upon which my consent will expire. I have had this form explained to me and understand its contents. This autho- rization will expire in 1 year if not otherwise specified. - � 7— n � �u}^� �:�� , ; Parent, gu�fdian or authorized person n ? Date Relationship to patient if parent is unable t ign Reason patient is unable to sign �_ r�-o<-a� Signature of Witness Date , 'hysician contacted pYes ❑No Refused Access �Yes ❑No � W v, � �+ � �� � � Saint Paul Police Department PUBLIC OFFENSE / fNC1DENT REPORT Page � of � Compfaint Number Refe2nce C.N. Pnmary ONense Date and Tme of Repod 01-235286 ASSAULT, AGGRAVATED 11/01l2001 02:20 Primary Reporting officer. �EREMY J RYAN �oca&on ot incident 1177 CLARENCE ST Primarysquad 310T Name oflocatioNbusiness: CLUB 2000 Secondaryreportingofticer. DAVID J KANTOROWICZ oate & time ofoccurence: 11/01/2001 00:39 Distnct EASTERN ( EASTERN DISTRICT ) Arrestmade? Secontlary offense: Date 8 time of arrest POLICE PERSONNEL INVOLVED Arrest made on view: Pursuit engaged: Arrest made on walrant or previous CN: Weapons used by police: Weapons used by suspect at time of anest: Resistance encounte�ed: CHARGES tNONE NAMES VICTIM VICTIM VICT/M VICTiM THUOK, VANNA NMN 7755 SELBY AV NEWELL, LA'TOYA TAWANDA 1755 SNELLING AV N HAGLUND, DAREN DUANE 2312 D CRESTVIEW DR LEE, CHONG TONG 273 EDMUND AV STpAUL STPAUL HUDSON STPAUL MN 55104 MN 55104 WI 54016 MN 55104 y � � � � �� � H O z o � � a I e�n I � 7 � r+ H � � � L� r._ `. � �, b 0 � � � - � '� a -j � z � m � � a ? � V � 0 3 � I ' � L _� D 9 1 � m n � {K � o a _ � %o° O T � � m m E S �' 2 m � �< r � a �m � m fl -o D " O � y � \� � V � j C y� !r. c � r _. � {' O €` `° � N I YI T � T � A -O O D °' m Q�' � N � .1� n� n J ^S a 0 ` n � a � W ❑ � V o° � ( m m 3 'n m -�i � Z � �� � � ° � f „ ° � � ° o < T � � r � � � � n � m � w � D� , � ° G � � � — � � m 3 fl- Z u � o � �r o ' � A OC � Q N W - � N m 0 � m O v � .:�„:.. < A n O v _ _ ------- _.:�.r ` " "°'°S�AUL POLICE DEPARTMENT OFFENSE { WCIDENT REVORT Name (Last, Fvst, Middle): �! � �, , /�� Was this rson t en n Ye: to a health care facility? ��No Name (Last, Rrst, Middle): Was this perso� taken � ye; to a health care facility? � No ' � ' • • ��ame (Last, Fvst, Middle): was this person taken � Ye. to a health care facility? � No � . . � � Name (Last, First, Middle): Was this person taken � Ye: to a health care facility? n No /Yi�t n1 Health care Health care � Health care � Heaith care c(u CI7�-ti � t f � Request Non-pubiic Request ❑ .�,._. _.... � Request .�,._ _..� � ■ ' '! � —� 2000, Inc. d/b/a Dinner ub 2000 Inc. City's Exh. No. 9 ' °� � Case: �] Assigned ❑ Noted / / � ��eHF _ Hom _Rob _Juv _Oper _PSC _lab _Rec ,Team _Sex _D/C Burg _Thett _Prop _CAU _F&F f1 Auto _DAO Page 1 —CO _Rptr �Vice _Narco _SIU _T8A _Other y ' �-'�� PM 620-92R v G � � � � � � e a x � � C� S � if Arrestee is a jwenile, write "JUVENILE" in the name box. If the victim is a juveniie, the victim's �ame, etc. is filled in, unless tfie juveni{e was a victim of a CSC or child abuse. In those cases, just write "JUVENILE" in the name box. Also, do not list the name of an atlult victim of CSC. If a victim or witness wishes to have their name kept private, and the officer has reason to believe that releasing the person's name would put them or their property in jeopardy, check the "Request Non-public" box and leave the name boz blank. .� Offense � 7 ❑ 2 ❑ 3 Vctim � VJrness • Sex: M St. Paul sitl nt Signature of Victim/Guardian: ❑ C�mp ❑ Suspe� ❑ M:ssng Person ❑ F ❑ v X Nam? (Last. rirst, Ivlidtlle): p Address (Stceet, Apt., Ci y, State. Zip): � �^sj� 7 �' ( � NNt n/ o(v C I c.r-�- �✓4 V,� c�rm s �-� -/a .^-iN D.O.B.: i Home Pt.�ne: . Work Phone: Ocupation: Employer. r u 2 � 3 �2 � I aa.s -/� y4: 55a -��c� ? If Jv+enile - Parent/Guardf2n Name: Parent/Guardian Address: phone: NicY.nameiAKA: i Gang: City/State of Origm: Hei;ht: VJeight: i Build: Clothing/Additional Description: ❑ H=zvy ❑ Medium ❑ Slender Race: Hair: Skin: Identifying Features: Tattoos: Injury Type: In�ury Location: Condition: Avan ❑ Baltl ❑ Kinky ❑ Wb:no ❑ Atne ❑ Clean Shavzn Q On Arm � N e ❑ None ober tack ❑ Black ❑ Recetlin9 ❑ 81zck ❑ Bifhmark ❑ Stubble ❑ On Chest inor ❑ A ms/Hand ❑ HBD ❑ intlian ❑ Biontl ❑ Straight ❑&own-Lt. ❑ Freckles ❑ Beartl ❑ On Hand Possible Internal eztl ❑ Intoxicated ❑ Mex�can � Brown ❑ Wavey/Gurty ❑&oxn-Metl ❑ Glzsses ❑ Moustache ❑ Other � Apparent Broken Bones Internal ❑ Alcohol ❑ VJhrte ❑ 6�ay ❑&owmDark ❑ Mdes ❑ Initial ❑ Loss of Teeth Q Legs/Feet ❑ Druqs ❑ U�krrown ❑ RediAuSum Q Short ❑ Ohve ❑ Pierced Eaqsl ❑ Left Handed ❑ Name ❑ Severe Lacemtion ❑ Neck ❑ Unknown ❑ Sandy ❑ Metlmm ❑ Pale ❑ Pockmark � Right Handed Q Number ❑ PuncNre/Stab ❑ White ❑ Long ❑ Ruddy ❑ Scar—Body ❑ Other ! ❑ Torso Back ❑ Consaous ❑ Picture/Design ❑ Gunshot ❑ Torso Front ❑ Unconscious ❑ HispanK ❑ $�ar—FaGal ❑ Other Major In�ury ❑ DOA ' � —? Offense 7 ❑ 2 ❑ 3 V' tim ❑ Witness Sex: M St. Paul Resident Signature of Victim/Guardian: ❑ Comp Suspect ❑ Missing Person ❑ F ❑ N X Name (Last, Fvst, Middle): Address (Street, Apt., City, State, Zip): Ls � L—f1 D.O.B.: Phone: Work Phone: Ocupation: Empioyer. o't� — 2� If Jwenile - Parent/Guardian Name: Parent/GuarUian Address: Phone: Nickname/AKA: Gang: City/State of Origin: i � ,E,�, L �, Heghi: Weight: Build: Clothing/Additional Description: ❑ Heavy ❑ Medium ❑ Slender Race: Hair. Skin: Identifying Features: Tattoos: Injury Type: Injury Location: Condition: ian ❑ Bald ❑ Kinky ❑ Albino ❑ Acne ❑ C�ean Shaven ❑ On Arm � ❑ None ❑ None ❑ Sober ❑ Black ❑ Recetling ❑ Black ❑ Birthmark ❑ Siubble ❑ On Ghest ❑ Mrtror ❑ Arms/Hantls ❑ HBD � Intlian ❑ Biond ❑ Straight ❑ Brown-Lt. ❑ Fmckles ❑ Beard ❑ On Hantl ❑ Mexican ❑ 6rown Q Possibie Intemal Q Head ❑ Intoxicatetl ❑ Wavey/CUrly ❑ Brown-Med. ❑ Glasses ❑ Moustache ❑ Other ❑ ADParent Bmken Bones ❑ Intemal ❑ Alcohol ❑ White ❑ G2y ❑&rown-�ark ❑ Moles ❑ Initial ❑ Loss of Teeth ❑ Unknown Q Retl/AUburn Q Short ❑ Olive ❑ Le9s/Feet ❑ Drugs ❑ Piemetl Eaqs)❑ Lek Hantled ❑ Name ❑ Severe Laceration ❑ Neck ❑ Unknown ❑ Sandy ❑ Metlmm ❑ Pale ❑ Pockmark ❑ Ri9ht Hantled [] Number ❑ Puncture/Stab ❑ Torso Back ❑ Conscious ❑ White ❑ Long ❑ Rudtly ❑ Scar—Botly ❑ Other _❑ Picture/Design His�amc ❑ Gunshot ❑ Torso Front ❑ Unconscious ❑ ❑ Scar—Pacial ❑ Other Ma7or Injury ❑ DOA . � Offense 7 ❑ 2 Q 3 ❑ Victim Witness Sex: M S. P Resident Signature of Victim/Guardian: ❑ Comp � Suspect ❑ Missing Person ❑ F Y❑ N X Name (Last, F'irst, Middie): Address (Street,�t., City, State, Zp): r Nh;.� n� c�G > c�-f �� ss��� D.O.B.: � e: Work Phone: Ocupation: Employer: e o t�s 3ty _ i�� y c� a�o z� � If Jwenile - Parent/Guardian Name: Parent/Guardian Address= Phone: Nickname/AKA Ga�: CitylSiate of Origin: Height: Weight: Build: Clothing/Additional Description: ❑ Heavy ❑ Medium ❑ Slender Race: Hair. Skin: Identifying Features: Tattoos: Injury Type: Injury �ocation: Contlihon: ian ❑ Bafd ❑ Kinky ❑ Alb�no ❑ Acne ❑ Clean Shaven ❑ On Arm one �j one �Sober ❑ Black ❑ Black ❑ Recetliry ❑ Btack �&rthmark ❑ SWbble ❑ On Chest ❑ Mirror [] Arms/Hands ❑ HBD ❑ Indian ❑ 61ond ❑ Straight ❑ Brown-Lt. ❑ Freckles ❑ Beard ❑ On HBntl ❑ Mexican ❑ Possible Internal ❑ Head ❑ Intoxicatetl ❑ Bmwn � Wavey/Cury ❑ Brown-Med. ❑ Glasses ❑ Moustache ❑ Othet ❑ ADOareni Broken Bones ❑ Internal ❑ Alcohol ❑ Whrte ❑ Gray ❑ Bipwn-Da�k ❑ Mofes ❑ imtiai ❑ Unknowr. � Red/Aubum Short ❑ Loss oi7eeth ❑ Legs/Feet ❑ Drugs ❑ ❑ Oirve ❑ Piertetl Ear(s)❑ Left Hantletl ❑ Name ❑ Severe Lacerahon ❑ Neck ❑ Unkrwwn ❑ Santly ❑ Metlium ❑ Pale ❑ Pockmark ❑ Righi Handetl � Number ❑ Puncture/Stab ❑ Torso Back ❑ Consaous __ ❑ WhRe ❑ Lony ❑ Ruddy ❑ Scar—BOdy Q Other _❑ Picture/Desi9n ❑ Gunshot ❑ Torso Front _❑ Unconscious � ."^✓' ❑ Scar—F2cial Q p(her Ma�or Injury ❑ �OA � ❑ Si�g�e.DuPIeXTOVmhome ❑ Mutti, Apartrnents ❑ Ga29e ❑ Shed/Stora9e Buitdirg ❑ Yartl � Porch ❑ Roomirg House Veh�cle ail Service: Office/Commercial Comrenience Store �operty: De�rtmeM/D"�scqmt Store � �k/Getlit Unan Dng SWre � Commertial/IrdusUai ���Y Stae/Supermarket � Commercial Yatd liquor Store � ��� Srte/Shza Service/Gas Station � rypsP� Specialty Store � pF{�/CommercW Vehicte ❑ pF{�ke/DOCtor ❑ Parkirg Lot/Ramp ❑ Rmfal/Stoage Fadlity ❑ Uehide Restaurant Uehicle Recreatronal: ❑ Church/Syru3gogue/Temple ❑ Club/F2temity/Rec.Center ❑ Schaol/C011ege/University Sub-compact ❑ Beige ❑ Gold ❑ Purple Compact ❑ Black 6reernLt ❑ Pmk Mitl-sizetl ❑ Blu t ❑ 6reen-Med ❑ Retl Full-srzetl ue-Metl Q GreemOark Q Silve� Station Wago Blue-Dark ❑ Grey ❑ Turquc ❑ Brown ❑ Levender ❑ White Other ❑ Coppe� ❑ Mamon ❑ YellOw ❑ Cream ❑ Orange � Other �.te: Lic. Year. Tab �: Firearms: Edged�tat�bing Inst.: Blunt Instruments: B�rglary Instruments: Miscelianeous Instruments: ❑ Haad9un . Q Sem� ❑Auto Q����t ❑ BncK/ROCkIMrssife Q BoRCUtter [] Plastic Ship ❑ RiFle ...... Q $ymi ❑Auto ❑ �ttle/Giass/Eta ❑ &ass Knuckles ❑ Motor Vehicies ❑ Hammer ❑ Drill � Pliers/Vise Grips ❑ pomputer ❑ Poison/Gas ❑ Shotgun . Q Semi ❑Auto ❑�ce Pick � pther Blunt Inst � Jimmy/Prybar Q Punch/Chisel ❑ Drugs/Narcotics ❑ Rrearms, Not Stated ❑ KnBe (ClubleatlEtc.� ❑ Rope/Bindirg Inst. ❑ Hammer ❑ Screwdriver ❑ Explosives ❑ Other ❑ Frearm, Other � Screwdriver ❑ Cutting Instrument, Other ❑ Key ❑ Other Burg Tool ❑ F re�inc�endi=ry Device Vehicle I ❑ Abandoned Status: (] Damaged in Crime Make: Domestic Foreign ❑ AMC ❑ Jeep ❑ Audi ❑ Buick ❑ Lincoln [] BMW ❑ Catlillac ❑ Mer-Cur � Datsun ❑ Chevroiet ❑ Mercury � Rat ❑ Chrysler ❑ Oldsmobtle ❑ Honda C Dotlge � Plymouth � Hyundai ❑ Fortl ❑ Ponhac � Isuzu ❑ GMC ❑ Saturn [] Jaguar ❑ O[her ❑ Impounded ❑ Stolen ❑ Used in Crime ❑ Recovered ❑ Thefi From Vehicle ❑ Other _ _ ❑ !G^.wasaki ❑Saab ❑ Convertible ❑ Maztla ❑Subaru ❑ Hard Top ❑ Mercedes QSuzuki ❑ Hatch6ack ❑ MG ❑TOyota ❑ Motorcycle ❑ MRSUbishi QTriumph ❑ Pickup ❑ Nissan ❑VOlkswagen ❑ Setlan ❑ Porsche ❑VOlvo � Truck ❑ RenaNt ❑Yugo ❑ Van — ❑ Other to Theft: Location of in Vehicle: �� Value: Relationship: ❑ Spouse (Check only 7) ❑ Former Violation of Court Order: ❑ Yes ❑ No Reiative Shared Child ❑ Arrest (by ❑ Arrest(by GOA Owner Allow Anyone to No ❑ Yes �liC Property: Air/Bus/T2in Terminal Govt/Public Bldg. Jtil/Prison/Deterrtan Other Public Property U Fields/WOOtls/Parks ❑ Figmvay/Street/ROad/Alley ❑ Lake/Waterway ❑ Other Publit Domain ❑ Unknown Value of Property: together) ❑ Other rly iiving together) _ Point/Method of Entry: ❑ Front/OH Door ❑ Forcetl ❑ Re2rpoor ❑ Not Forced ❑ Side/Svc. Door ❑ Hd Insitle ❑ Patb Door ❑ O[her poor ❑ Unbcked poor ❑ Front Wndow ❑ Lak RemouEtl ❑ Rear Wintlow � Hoie In C¢ilim.� ❑ Side WiMow ❑ Basement Window ❑ OtherWintlpw ❑ O[her Point Number of ! ❑ Unkriown Point prem�ses: _ Yes n No x: Can Suspect be Identi5ed? .. Witness to the crime? ......... Is Stolen Property Traceabie? Crime Scene Processed? ..... Photos Taken? ................. Property Turned In? .... ...... Evidence Turned In? ........... �es. ❑ No ❑ Maybe ..... By Whom? �Viciim i�$/ Yes. ❑ No j� Wdness ❑ Yes .�No ❑ Police �Yes . ❑ No Victim/Suspect Refationship: None ❑ Yes . No Type ❑ Yes No ❑ Anal sis—Biological ❑ Fingerprmts ❑ Analysis—Narcotic � Items to be Printed I Oiher Bias/Hate C / rime? ❑ Yes �{ No /� Bias Motivation: ❑ Age ❑ Ethmcity/National Origin ❑ Handicap ❑ R3cial ❑ Religious ❑ Sexual ❑ Other ❑� ❑3Q5 []2 04 ❑ Automahc ❑ Manual Shift Location: ❑ CoWmn ❑ Flaor U Antenna ❑ Battery ❑ C.& Radio ❑ Doors Locked ❑ ignitron Locke� ❑ Mobile Phone ❑ Radio ❑ Spare Tire ❑ Tape Player ❑ Trunk Locked Q � � � � � � ' D � � a � R Pzye 3 - ••• . -.• .. . .... � Owner Item # puanti}y Article Brand ' Model #, �rial #, a/or Description Value Date Property __ Recovered Code i i t � � � r i Paae 4 ior '� AUTHORIZA710N FOR RELEASE OF MEDICAL INFORMATION 1 hereby authorize the release of arry ar�d ali requested medical information to the St. Paui Police Department, incfuding copies or ptwtostats of inedical records concemirg rtry ireatment Signature (Patient, Parent or Guardian) PatienY. . D.O.B. _ Address: Arrest Num6er Last Name 33 First Middle Date Attending Physician: Daytime Pho�e #; _ Address �-�- -�; //7� DOB Age Sex Race s- Clu1_� a �—tsv , �N :�,� �-ss R-u (+ . - �-Q�J�,� f�-r v� I � �.,w - r �, �, £ '/�cs� ( r��t: ti��,� lli} �� Iloal7 - 7� Lis�-�b-�-�/c (�n��E , v�,v�,s Hz,y�i-�S �-,n/ \ , �---� ��� �� �?�,S - /! �/�. �f��' S``7.� �� 67 1 w� ��� . �.z i� „_ , i� �� ,� i � '�t £ r...�<<�U.� li�P�`-t� i9 -�- ///1/�° � /+�' �/3o ht� .�s l�a'�: (y / J /� ' n _ l n .L'� �a t �� '�"l� a � l 2 £ �o,�?rt✓+-c.�. ��,�Q � �r-, �,.,,y � �+�� r-. � C R z, '�e _1��,. 4.,� � ��L� � �'� k (',� a,:<<� ��� ��,✓��� cE£ �f L f� �s =-� G� � s a.�,-�-- 1�.. � � t s��% �s -I— �� f -fZ E,.� - { ` /f.p �F 5ctrf ,� , 1 i �,_ � � l� �� gl&% /N�Y�cnff�! /��rt; i _ ��� � ti w...�z �S S � �.�, �� s �..�,1 lr.� ��� � r� �/z 1 "" .� �1...�{ � —� S ��l1£�� �.q� r/ "4 f /',� �£ /,v(� Assist�`y Officer: Emp. No.: Reporting Officer: / J .�. . —. Vl/L!� (.Nrt�) K-�% Report Reviewed vii�����. U�T� , l?� / y,1y��f� OYes No � Q � � � -� �� �r �� P2ge 5 j .___�tn ��'+ 6�.�-T_C+� �_2.Sitti ��. � d � ❑ SUPPLEMENTAL REPI Date & nme of Report: acZvs t ('�! �t� � ���/�'^ f r�-�:vc. F J�s � b 14 i� ,�1�,,-1-e � -t'�,F 5T. PAUL POLIC NTINUATION OF: ctdent t 55 (-}' -h cs t r i N } i,ti� . �s �� SUPPLEMENTAL REPORT �,(� �,..� � -1,.���t ! �,,, �,., fsS �/�h, �''i i/� , 0� �1 � l b S C�(� 5 c„�s f !� � , .SS7 �� , �� �� `� - �G y� — G,lu.� �c�v S cc��� (��ti�p> �.�.�,��� �7�� l t S � C fr �o�,,,� t�'•a-v ) � � � �'�*� � . 0 z c � � � � ..� � � �,,,�s �� _ r � e � �oYe� �I I I I I ❑ CHF ❑ Hom ❑ aob ❑ ��,�, 0 coom ❑ io ❑�b ❑ ae� ❑ Team ❑ saX ❑ Rptr ❑ ane� ❑ D/C ❑ Burg ❑ Thett 0 Prop � CAU ❑ F&F Q Auto ❑ DAO ❑ CO ❑ HumServ � Type PM 622-93R .- :�-�,:: , ❑ Multiple Clearance ` .- _� Arrest By. - - -'- ❑ Patrol� � Investigs R -: -_ C DEPARTMENT ; ; --. ; ':°_ _ :._= - .. —_,>. —" _._,....._.. - _ - ANCE HEPORT `°:�._:.-_ . �. ,�- _�"`=: _ � " _ _ _ �_� t:�� - Timectnneat: -,. _ , - Z _ � �.: "- , ���: I untow,aea ❑ aa�aea ❑ c�a by a� �� c�� eason fw 6ccephonal Cleawnce. ❑ oeen, af arende. p Frosea,Coo�Dealnea - p Ex7ealtiao oeniea i'Tidim Refvsed to Cooperate n Juvenik Not kt Custody : O Z � 1 � ��Yea � No I I I" ( I ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ Rec ❑ Team ❑ Sex ❑ R tr ❑ D/C � Burg ❑ Thett � Prop [] CAU ❑ F&F Q Auto � DAO ❑ CO ❑ HumServ P ❑ PM 571•92R . „�� . • <<� � � Saint Paul Police Department ORIGINAL OFFENSE / INCIDENT REPORT Page 1 Comp/aint Numbe� Reference C.N. Pnmary offense Date and Time of RepoR 01-253150 ASSAULT, AGGRAVATED 11/24/2001 23:36 PrimaryReportingOlfrcer CHAD G DAGENAIS Primary offense de[ai7: Pnmary squad: 364 Secondary reporting officer. Drstnct EqSTERN ( EASTERN DISTRICT ) Secondary oflense: Cocation ofincidenr. 1177 CLARENCE ST Name of/ocationrausrness: CLUB 2000 _----------��. Date & Sme otoccurence: 11/25/2001 23:36 Arrest made?YES Date 8 time of arrest � 1/24/2001 23:55 POLICE PERSONNEL INVOLVED Anestmadeonview: YES Pursuitengaged: Anest made on warrant or previous CN: Weapons used by police: Weapons used by suspect at 6me of arrest. Resistance encountered' CHARGES Name THAO, SEE AnestStatus g ��� � BOOKED eookin # -�.L �. Booking date � �/ZS/2001 eooking 6me 00:09 Charge qGG ASSAULT Citation number Bail Onginating agency SPPD Warrentnumber Wanant type Name VANG, GE charge OBSTRUCTING LEGAL PROCESS Cifationnumber g01-262101 Charge CN 07253150 AnestStatus CITED Booking# eookmg date 11 /25/2001 eooking time 01:06 Bail Originating agency SPPD Wanantnumber ChargeCN 01253150 � Warrant type � NAMES ARRESTEE � THAO, SEE 141 MCSOAL ST #305 STPAUL MN 55102 Phys DesCtipfion Phones Sex MALE Height $_5 HairColor B�qCK Home phone 651-224-4557 Race ASIAN Weight 150 ��f Hispan�c Build MEDIUM Doe OS/25/1975 Skin A9e 26 �` { ,' ___ !'-�- ��= HairType STR,4IGF' !1!`rrr-,-r„ Havlen� � Faaalf� 2000, Inc. d/b/a Dinner ub 2000, Inc. ' City's Exh. No. 10 " . / �. .��-Z,� �, � C � l � `, i U � ��_ ,� ��_ C.�;:�'� � �� ,., °- � � Saint Paul Police Department _ F ORIGINAL OFFENSE / INCIDENT REPORT Page 2 Comp/aintNumber ReferenceC.N. Primaryoffense DateandTimeotReport 01-253150 A AGGRAVATE 11/24/2001 23:36 Physicaf tondition Employment Consciousness Occupation omg/a�coho�use HAD BEEN DRINKING Employe� Clothing S Adtlitiona/ Description WHITE SHIRT / TAN PANTS CITED VANG, GE 1222 DESOTO ST STPAUL MN 55106 Physical DescripUon Phones Sex MALE Height 5-4 Har�Color Race ASIAN Hispanic ooe 01/02/1978 Age 23 Weight 125 Build SLENDER SW'n Ha�r Type HairLength Facial Hair Physical Condtion Employment Consciousness Occupafion Orug/alcohol use Emp/oyer SUSPECT THAO, MALA VANG 141 MCBOAL ST #305 STPAUL MN 55102 PhysicalDescripfion Phones sex FEMALE h'e�9ht $-2 /-larrco�or Home phone 651-224-4557 Race ASIAN Hisparnc ooB 12/17/1977 Age 23 Weight 110 eui�d SLENDER Skin HairType Hair Length Fac�a/Hair Physical Condition Employment Consciousness Occupation Drug/aicohol use Empioyer VICTIM LY, SOVIE YER ..�._.,....:..,.R._ 1120 MACKUBIN AV STPAUL MN 55117 Physica/ Description Phones Sex FEMALE Height 5-2 HairColor Home phone 651-489-3814 Race ASIAN Hispanic Dos 04/23/1983 A9e 18 Weight � � Q eui�d SLENDER Skin Ha�� Type Hair Length Facial Haf� ,,.� �� � • Saint Paul Police Department Page 3 ORIGINAL OFFENSE / INCIDENT REPORT Complaint Number Reference C.N. Pnmary olfense Date and Trme af Report 01-253150 ASSAULT, AGGRAVATED 11/24/2001 23:36 Physical Condition Employment Consciousness Occupa6on Drug/a/coho/ use Emp/oyer /njuries Taken to heatth care faci�rty YES Medica/re/ease obtained? TYne APPARENT MINOR INJURY Location HEAD WITNESS LEE, NIKKI 761 6TH ST #2 STPAUL MN 55106 Physical Desciiption Phones Sex pEMALE He�ght ttairco�or Home phone 651-793-7798 Race ASIAN Weight Hispanic Suild o0B 10/20/1974 Skin Age Z] Hari Type Hai� Length Facial Hair Physical Condition Emp/oytnent Consciousness Occupation Drug/alcohol use Employer WITNESS THAO, KOLEE 1589 PORTLAND AV STPAUL MN 55117 Physical DescAption P hones sex �EMALE Height yairco�or Home phone 651-235-1953 Race qSIAN Weight Hispanic Build Doe 11/25/1980 skin A9e 20 Physical Condition Consciousness Omg/alcoho/ use Hair Type HairLength Facial Hair E mp l oym e nt Occupation Employer WITNESS LY, CINDY BLA 1120 MACKUBIN ST STPAUL MN 55117 Physical Descriplion Phones Sex FEMALE Height HairColor Home phone 651-489-0061 Race ASIAN Weight Hispanic Build DOB 07/20/1980 Skin A9e 21 Hair Type Hair Length Facia/ Hair ai.�h: .. CE _�. Comp/aint NGmber 01-253150 Saint Paul Police Department 11 /24/2001 23:36 ORIGINAL OFFENSE / INCIDENT REPORT Reference C.N. Pnmary offense Date and Trme of RepoK ASSAULT,AGGRAVATED Physicai Condifion Employment Consciousness Occupa6on Drug/alcohol use Emp/oyer CRIME SCENE DESCRIPTORS Crime Scene Method & Point of Enby Type OFFiCE/COMMERCIAL Descdption gqR/NIGHTCLUB/TAVERN Force used NOT FORCED Pant of entry Method We U Type gOTTLE/GLASS/ETC PROPERTY (NONE) VEHICLE INFORMATION (NONE) SOLVABILITY FACTORS Cansuspectbeidentifled? YES Cnme scene processed? Photostaken? �'ES Property turned in � PUBLIC NARRATIVE A temale was assaulted in the bar at 1177 Clarence wfien the suspect hit her over the head with a beer bottle. The suspect was arrested at the scene. Arrest# Name Addreu DOB Age Race Sex THAO, SEE "14'I MCBOAL ST 305, STPAUL, MN 55102 08/25/1975 26 A M VANG, GE 1222 DESOTO ST , STPAUL, MN 55106 01/02/1978 23 A M NARRATIVE I(Squad 364 - Dagenais) responded to 1177 Clazence (Club 2000) on an aggravated assault. On arrival, Medics were on scene with the victim, Sovie Yer Ly (Dob 04-23-83). Ly was bleeding from the head and told me that someone hit her over the head with a beer bottle. She stated that she was inside the baz on the dance floor when a female who she didn't know started fighting with her. She was then hit with the bottle but didn't see who did it. While I was speaking with the victim, several fights started to break out in the crowd outside the baz. The security staff was being over run and I had to call for additional squads. Medics left with the victim and transported to Regions Hospital. The victun was cut on her head with the botUe. It appeazed that it was not a severe cut but may need stitches according to medics. It was bleeding badly. While trying to control the lazge unruly crowd, I interviewed a witness, Cindy Bla Ly (Dob 07-20-80), who told me that the victim was £ighting with a female in the baz and a man hit her over the head with a beer botfle. She pointed out the two suspects who were standing with security in the parking lot. The two suspects were ID'd by MN Pic DL as Mala Vang Thao (Dob 12-17-77) and her husband See Thao (Dob 08-25-75). Mala Thao had blood all over her arms and on the front and back of her shirt. She did not appear to have any injuries although she also had hair stuck to her shirt which wys believed to be her own. Canbeidentrfiedby �/�TNESSES Page 4 Evidence turned in� Is sto/en propeRy traceable� Mala Thao stated that she was dancing in the baz when a fight broke out. She said someone �. �ri: n �'� . JQi?fE_.�. ComplaintNumber 01-253150 11 /24/2001 23:36 started pulling her hair. She thought it was the one who was hit with the bottle but did not see who hit her. She got the blood on her during the struggle. See Thao stated that he saw a fight in the baz and when over to see if his wife Mala was airight. He noticed that the victun was bleedmg but he was not the one who hit her with the bottle. He said he didn't see who did it. I spoke with another witness, Kolee Thao (Dob 11-25-80) who told me that she saw the man who hit the victim in the head with the bottle. She pointed to See Thao and told me that he did it to help the girl he was with while she fought with the victim. I secured See Thao into the back seat of my squad as the suspect. Officer Tessmer interviewed another witness, Nikki Lee (Dob 10-20-74), who said she saw the man who hit the victim with the bottle. She walked over to my squad and pointed at See Thao. She said it was him. See supplement from OFficer Tessmer. While I was interviewing the wimesses, other officers were trying to control the crowd. Several people were placed into squads and transported out of the azea in order to scop the fighcing. At one point, I looked over at my squad to check on the suspect in my back seat. I noticed a group of three Asain males standing next to my squad. They were looking into the back window at the suspect. One male, later ID'd by Min Pic DL as Ge Vang (Dob O1-02-78), was trying to open the door to the back seat. He kept looking around for the police to see if we noticed him and pulling on the door handle. I had the doors locked so he couldn't get them open. I ran over to my squad and took him into custody. The crowd turned against me and the other officers when I did this. We had to remove both the suspect and Vang from the scene to get things under contzol. See Thao told me that Vang was pulling on the door handle trying to get to him. Vang is related to the victim. The crowd was yelling that Vang was trying to get into the squad to "kick his ass". I cited Vang for Obstructang Legal Process and released him. I transported See Thao to HQ and booked him on the agg assault. Squad 319 (Sand / St Sauver) went to Regions Hospital to take photos and get the victims information. See their supplement. No criminal history found in the computer on Thao. Please distribute to: Page 5 ORIGINAL OFFENSE / INCIDENT REPORT Reference C.N. Primary olfense Date and Time of Report Saint Paul Police Department ASSAULT,AGGRAVATED _CHF _Hom _Rob _Juv Sex CO D/C _Burg _Rptr _Vice Y Theft Nazco _Oper _Prop SIU _PSC CAU _Lab _Rec _Team F&F � Auto DAO _T&A _Other " ' �• - � � Saint Paul Police Department PUBLIC OFFENSE / INCIDENT REPORT Page 1 of 1 Complainf Number Reference C.N. Primary Offense Date and Time of Report 01-253150 ASSAULT, AGGRAVATED 11/24/2001 23:36 PrimaryReportingotficer. CHAD G DAGENAIS Primarysquad.� 364 Secondary reporting officer. Distdct EASTERN ( EASTERN DISTRICT ) Secondary offense: Locaaon otincident � � 77 CLARENCE ST Name oflocation�usiness: CLUB 2000 Date & time otoccurence: � �/25/2001 2336 Anesfmade? YES Date 8 time of anest � �/24/2001 23:55 POLICE PERSONNEL INVOLVED Anest made on view: YES Pursuit engaged: Arrest made on Wanant or previous CN: Weapons used by police: Weapons used by suspect at time of anest: Resistance encounteied: CHARGES Name THAQ, SEE Charge A GG ASSAULT Citation number Warrant number Wananttype Name VANG. GE Bail ArrestStatus gOOKED eookingdate 11/25/2001 Booking # charge O L EGAL P ROCESS Citationnumber g01-262101 Wanant numbei Bail Originahngagency SPPD eooking 6me 00:09 charge Cn� 01253150 AnestStatus CITED Booking# eooking date 11 /25/2001 eooking hme 01:06 OnginaNng agency SPPD Charge CN 01253150 Wa�rant type NAMES VICTlM LY, SOVIE YER 1120 MACKUBIN AV STPAUL MN 55117 PUBLIC NARRATIVE A female was assaulted in the bar at 1177 Clarence when the suspect hit her over the head with a beer bottle. The suspect was arrested at the scene. � / � , �_ - ,- "t: �s�eY AUMTY SHE rti�F ; AU7HORITY TO DETAIN eaa�ea rKa P& C_ Phdo "` L PRtSONERINFORMATON -, : -'- - ' '--- -- . wrnv.E wrsr . . roas --- sfsa .oa e + _ _ �' - - ' - -' -- - ` "� . �_ '�'� - - --- --_-- - -- - - :�—.rr..3 •, �� ' ppg lpfilf N.SfAT �.l � '✓', � i " ��- ' ^� G� �. r. )�l � ❑_wHrtE ❑.eudc ❑-HISPnxte ❑-ru7rvBM�m�taN �SU�+ ❑-amErs _ --_ � ' -- - � `J ' � }�� �� .wrs crtr _ . � cooE �+ 1 L.�i f , fL�' . .. . . � =� ;' /; S � �-- ' ty.l, t ; �f.�'�J \ � /��'.--�� IL ARREST INFORMATION: uinesr�oa�nox .@', v , ...-..a. _ + F � ,.. i'� i L�_:: i S � SPECIAL INFORMATION This prisoner. � wu in a figM or accitleM � is ill or naetls matlieation � Propartyvras sersetl. List � was saen atthe hospibl befora booking � merNOnad wiciA¢ � hadchamiealaHentusedonhimlher � mdiibASdisWrbetlbehavror � VMiGewastowetl m R L AS INS C O S � RELEASEAFTERIDEN7IFICATION � OROSSMISDEMEANORWN-RELEASEAFTER4MOUR3 RELEASEINFORMAT�ON � Phone restriction � Not to contad � Other/E�Win SIGNATURE ??�m�.�,n���„�,��`�.,,.. ,��"s„z.�' aesnuciTa,wseonnrcovFlCErs _'—'��- . � .- �'J y .n i i � � , . �ANNIX ❑ADC �HOSPRAL � E � LOGAL � LOCAL � 5fATElFED PR113TS AFIS ��S SecondTestAccomodated NO ❑ � ReV.5/30/00 ORIGINALTOIOEM COP/1.ARRESTACaENCY "� I r't t` - .')"r: +1 "....i% - •�- - � Keep separate from ae• . srrosrcrvs� s wre �. � ./ 4% � � �. . . � ° s L _ �I� ! ti- 1 , ,.,,,_ ��"/ � ; : � SfA7ElFED . � R T PHOTO �FlS PALMS rISPPD VEAR CAPY2.ANXM/G CAW3-REMAND �� � Saint Paul Police Department Page , SUPPLEMENTAL OFFENSE / INCIDENT REPORT Comp/airtt Num6er Reference C.N. Primary offense 01-253150 AGGRAVATED ASSAULT Date and Tme of Report 11 /24/2001 23:36 Pnmary Reporting ofecer. TODD D TESSMER Pnmary oflense detart Pnmary squad: 363 Secondary repoAing officer ��� EASTERN ( EASTERN DISTRICT ) Secondary offense: Loca6on ofincident: Name ofloca6oN6usiness: Date & time of occurence: Arresf made7 Date 8 time of arresk POLICE PERSONNEL INVOLVED Arrestmade on view: Anest made on wanant or previous CN: Puisuit engaged: Resistance encounte2d: Weapons used by police: Weapons used by suspect at 6Me of arrest CHARGES (NONE) NAMES WITNESS LEE, NIKKI �.e�...._,. 761 6 S7 #2 STPAUL MN 55106 Physical Descripfion Sex FEMALE Height HairCO/or Race qSIAN Weight Hispanic Buitd Doe 1 0/2 011 97 4 Skin Age z7 Hair Type Hair Length Faciai Hair Phones Home phone 651-793-7798 Work phone 651-310-4098 Physical Condition Emp/oyment Conscrousness Occupa5on INFORMATION TECH Drug/alcoho/ use HAD BEEN DRINKING Employer ST PAUL COMPAN(ES � � CRIME SCENE DESCRIPTORS Crime Scene Type Descnption PROPERTY (NONE) VEHICLE INFORMATION (NONE) Method 6 Point of EnVy � 1 Force ased NOT FORCED Point ot entry Method � i � ll�� � �_� ; :�.�.. �t-�;-uL � �: � �/ �: `- ° Saint Paul Police Department Page 2 _ _____ SUPPLEMENTAL OFFENSE / INCIDENT REPORT Comp'aintNumber Refi,enceC.N. Pdmaryoflense DateandTimeofReport 01-253150 AGGRAVA7ED ASSAULT 11/24/2001 23:36 NARRATIVE Squad 363/Tessmer assisted at 1177 Clazence St. I spoke with a wimess, Lee, Nikki, 10-20-74. She gave me the following statement: Lee waz inside the night club. She saw Sovie Lee fighting another Asian female. They were fighting with their hands. The boyfriend of the unidentified Asian female had a beer bottle in his hand. He swung the beer bottle and hit Sovie I.ee in her head. Nikki Lee is unsure in which hand the suspect had the bottle. Nikki Lee can IA the suspect. She described him as an Asian male, 21-25 yeazs, black hair, wide face, white T-shirt. Nikki Lee said she had been drinking. She did not appeaz intoxicazed. Nikki Lee is willing to talk with investigators. Piease distsibute to: CHF Hom Rob Juv ' Sex D/C _Burg _Thefr ^ CO _Rptr _Vice _Nazco _Oper _Prop _SIU _PSC _L,ab _Rec _Team _CAU _F&F � Auto �DAO _T&A _Other /��'�� . � � �,. . SUPPLEMENTAL ST. PAUL POLICE DEPARTMENT ITINUATION OF: ❑ ORIGINAL REPORT ❑ SUPPLEMENTAL REPORT b�o� 3J9 (�>`T. �c�.v�/.S�J�c.vct� wss,s �GC� ��C� .I , 3G5' /�� e.��:s� �„/. ��+ �a�o�' o� a.v c� � ` � c�SS���� ✓;��� � � Gya sG..�i�s�ti �4 G� .o,,.s ��� ��. % (/ .�o.✓ a�^r:.��-� 7he �0�� „v.ni� ��OTOS W�!'G /f ii / / )� / �c../{w w, �ti � G .3�; � Sf� c� 3 Mn•. G/ e_ : G G/s� �✓� ��� . � /r tS d • � , ,. X . _ �� > � e t issv� � ,s � �/G� �� �o� r �:/,r-. . / [3/�....�k �2: �iv / �. 3. D✓� r✓ e w O� V.G f.r� /�C3 ✓� � �y `/ � t y �%5�. � �� ;N�,�� { ✓;c.�;.� flG�—� ` � ` II ! + /< /< /. /� Th� T/!M I�✓G`5 Tl/:il/GC� /�✓TD � i/M /OG IC�G � �i L / O Z 0 � U 0 ��.Sc..u✓e�' C�Y �HF <Biinm ❑ Rob ❑ dw ❑ Coord ❑ iD ❑ tab D/C ❑ Burg ❑ Thett ❑ Prop ❑ CAU ❑ F&F [� Auto .,o,.,,,,,,�, ..,,�.,e,. �� no.: �-„�� � 9Ga�v O.T.: TypisC R.O.: de: Name Enty: �ves (�IQ eam ❑ Sex ❑ Rptr ❑ Other ] CA ❑ HumServ � Type �%��� PM 622-93R ` f �/ . � ---�------ SUPPLEMENTAL REP( See NMN Thao ST. PAUL POLICE DEPARTMENT ITINUATION OF: ❑ ORIGINAL REPORT ❑ SUPPLEMENTAL On this date I, Sgt Mike Findley, met with the suspect in this matter, See Thao, in the jaii annex. I advised him of his Miranda Rights per 5PPD Form 247.1. He initialed and signed the form and was given a copy for himself. Thao said that he was at Club � last night with his wife Mala Thao. Thao said that he realized that his wife had some problem and that his sister in law told him that Mala was outside and that is when he had first seen her and then he was subsequently approached by Police. Thao told me that he didn't hit or touch anyone at the bar, he was very adamant when saying this. I suggested to him that there were cameras at the bar and he replied that he was glad, that I should look at the film and I would see that he had nothing to do with whatever happened to the woman in question. I reminded him that there were other people who had advised Police that he was the one responsible for hitting the victim in the head with a beer bottle. He suggested that they had to be lying and the reason may be because they are acquaintances of the victim. Thao repeated several times that he didn't do anything to the victim in this matter. Kolee Thao After my interview with See Thao I called up and talked to a witness, Kolee Thao to make sure of what she had seen. She told me that the man who was in the squad car was the one responsible for hitting Sovie Ly with a beer bottle, she said that she was certain of it, and that she was there when it happened. I was unabie to get in touch with any of the other witnesses at this time. � z � � � /` /Rx ❑v� rio ❑ CHF � Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lab Rec ❑ Team ❑ Se�c ❑ Rptr � ❑ D!C ❑ Burg ❑ Theft Q Prop ❑ CAU ❑ F&F [] Auto ❑ DAO ❑ CO ❑ HumServ T � PM 622•93R { " ovem�e�'r ���1 � °rc�� r.�,. a are.t � ° �- ;�= ��-x� Y �- p Mwn� c�� __ , p a� m�e�ero. p u�r �a p P�a c�a by,e�.r p�oo�uo� c�� aa�, rar Fx�� c��r�: - _ _ ❑ oe�n �t ar�,ae. ❑ a��,�, oea� �ama, o«,�a p v�, a�a so p r� i�i h cu:�ay� Arrest Number . .. L.ast Name _. - F4st .. F, � . Middle - :.. Address :. - DOB .. Age Saz Rac� This case was reviewed bv both the Ramsev ___Coumy Attv's Offic.�, Chuck Balck, and The citv Att�s " Offce, 7udy Hanson. The suspect in tlris matter, See Thao, was released from custody. . _ � ..t- o,� > � ���4 .. _ � . _ — ',- _a <. .. '" ." ,,': . � L �L�C_ �'t1\ (`�,, � e 6 Q 08 �� I �Ye� No I����� I ❑ CHF ❑ Hom [} Rob ❑Jw ❑ Coord ❑ ID ❑ Lab ❑ pee ❑ Team ❑ Sex ❑ pptr ❑ D/C ❑ Burg ❑ Thett � Prop ❑ CAU � F&F 0 pu(o � DAO � CO � HumSen � s_ �e,� PM 5T7-92R. " '� ,. -.- � , Complaint Number 01-276076 Shcfl� PBUr• gp � t Page 7 ORIGINAL OFFENSE / INCIDENT REPORT Reference C.N. Pnmary offense CRIM DAMAGE PROPERTY,AGG Pnmary Repor6'ng Officer. Date and Time of Report 12/30/2001 01:52 Pnmary offense defa�: MATTHEW S ST SAUVER y ,�o Pnmary squad: 3� g Secondary reporting officer.' oflense: Locatron oPincident � � 77 C�,qRENCE ST Name oflocaffoNbusrness: Date 8 time of occurence: � Z/30/2001 01:10 A/restmade? EASTERN ( EqSTERN DISTRICT ) Date & 6me otanest: POLICE PE}'tSONNEL INVOLVED Arrestmade on view: Arrest made on warrant or p2vious CN: Weapons used by police: Weapons used by suspect at tlme of anest: CHARGES (NONE) NEIMES COMPLAINANT LY, YIA NMN 787 WATSON AV Physica/ Description Sex FEMALE Height Race ASIAN Weight Hispanic Build DOS 12/07/1974 skin A9e 27 Physica/ Condilion Consciousness Drug�a�coho�use HAD BEEN DRINKING Har� Co/or Hair Type Hair Length Facial Hair MN 55104 Phones Home phone Ceil phone 651-292-0459 651-246-6410 Employment '. �� � Occupa6on Employer SUSPECT CHA, MOUNG NMN O UNK � Physical Descriplion " f Phones Sex MALE Height HairCOlo� If. V Race qSiAN Weight HairType v Hispanic Build Hai�Length � DOB - -.....,-�Tn � � Skin FacialHair � ` 1 a9e 18 TO 21 e 2000, Inc. d/b/a Dinner ub 2000 Inc. � City's Exh. No. 11 ' °, � Resrstance encountered.� Pursud engaged� STPAUL , r,j9 , ,� � H,�.� �P�� �.�. ,�-m. - a �� ��= �x �-s.= �P ��°� " Saint Paul Police Department _ : . .. ORIGINAL OFFENSE / INCIDENT REPORT Page 2 ComplaintNumber ReferenceC.K Primaryoffense 01-276076 oate and Time of Repon CRIM DAMAGE PROPERT(,AGG 12/30/2001 01:52 Physical Condition Employmenf Cansciousness Occupa5on Oruya/coho/ use Employer SUSPECT LOR, KA GO UNK Physical Description Phones Sex MALE Height HairCO/or Race ASIAN Weight Hispanic Build DOB Skin Age 18 TO 21 Physica/ Condilion Consciousness Druya/conol use HAD BEEN DRINKING Hair Type HairLength Facial Hair Employment Occupation . Emp/oyer SUSPECT VANG, SY UN �_--,� Physical Descripfion Phones Sex MALE Height Hair Co7o� Race qSIAN Weight Hispanic Build DOB Skin A9e 18 TO 22 Nicknames orAliases DOUGHBOY Hair Type Hair Lertgth Facia/Hair Physical CondiSOn Em /o p yment Consciousness Occupa6�on Drug/akohol use YU GAO VANt 787 WATSON AV Employer STPAUL MN 55104 Physica/ Description Phones Sex FEMALE Height tfarrco�or Home phone 651-293-0459 RaceASIAN Weight Nai�Type Cellpi�one 651-246-6410 Hispanic Build HairLength DOB 07/27/1979 Skin Facial Hair Age 2Z ` Saint Paul Police Department __ ._ _ ORIGINAL OFFENSE / INCIDENT REPORT Page 3 Complaint Number Reference C.N. Primary oflense Date and Tme of Report 01-276076 CRIM DAMAGE PROPERTY,AGG 12/30/2001 01:52 Physica/ Condition Employment Cortsciousness Occupafion Diug/a�coho�use HAD BEEN DRINKING Emp/oyer lnjuries Taken to hea/th care facility Medica! re/ease obtained? Type APPARENT MINOR INJURY Cocaffon HEAD V/CT/M VANG, DENNIS NMN 795 EDMUND ST STPAUL MN 55101 Physical DescripSon Phones Sez MALE Height �-7airCo/or Home phone 651-228-1777 Race pSIAN Weight Nispanic Build DOB 03/23(1983 Skin A9e 18 HairType Hair Length Facra/ Hair Physicai Condiiion Employmenf Consciousness Occupation Drug/aicohol use Employe� lnjuries Taken to heatth care tacrlity YES Medica/ release obtained? Type APPARENT MINOR INJURY Locatlon HEAD WITNESS YANG YFR ' 836 BURR ST STPAUL MN 55101 Physical DescripUon Phon sex Mp,�E Height HairCo�or Home phone 651-793-4970 Race ASIAN Weight Hispanic Build D0810/13/1973 Skin Age 2g Phy sical Con diUon Consciousness Diug/alcoholuse INTOXICATED Haii Type Hair Length Facial Hair Employmenf Occupation Employer Saint Paul Police Department ORIGlNAL OFFENSE / INCIDENT REPORT Page 4 Comp/aint Number Refe2nce C.N. Primary offense Date and Time ofRepoR 01-276076 CRIM DAMAGE PROPERTY,AGG 12/30/2001 01:52 WITNESS VANG, CHING 62 HAWfHORNE ST W STPAUL MN 55101 Physiwl Descripfion Phones Sex MALE Heighf Fiairco�or Home phone 651-487-4918 Race ASIAN weighf Hispanic 6udd Doe 08/08/1984 Skin Age � 7 Phys(cal Condition Conscrousness Drug/alcoholuse Hair Type Hai�Length FacialHair Emp�oyment Occupa6on Emp/oyer CRiME SCENE DESCRIPTORS Crime Scene Type OFFICE/COMMERCIAL Descnpn'on gqR/NIGHTCLUB/TAVERN Meihod & Point ofEnfry Foroe used NOT FORCED Pornt of entry Method Weapon(s) Used Type gOTTLE/GLASS/ETC, HANDS/FIST/FEET/ETC PROPERN (NONE) VEHICLE INFORMATION VEHICLE 1 Starus status SUSPECT VEHICLE Lockstatus Doors unlocketl lgnition unlocked Trunk unlocked Keysin vehic% Description License no. Year ZpgZ State MN Type SEDAN Year 2��2 V.I.N. Make HONDA Model CIVIC coror RED Doors T�ansmission Shilt Position r.?M ;, � =' E ComWaint Number 01-276076 CRIM DAMAGE PROPERTY,AGG 12130/2001 01:52 Insurance 8 owner information Vehicle confenfs 8 driver Ins�rance co. Lienho/der Regrstered owner Onvers Gcense no. Persona/ propertyin vehic/e Keys in vehic(e Owner ailowed someone to use vehic/e Person a0owed to use vehicle SOLVABILITY FACTORS Gan suspectbe identified? YES Cnme scene processed? YES Photos taken? YES Properfy tumed in? PUBLIC NARRATIVE Victims attacked by suspects outside of club 2000. NARRATIVE I, SQD319 (St. Sauver) along with several other SL Paul squads to 1177 Clarence (Club 2000) regarding a large fight involving a lot of people with bottles and chairs. Upon azrival the figh[ had ocwrred outside and had already stopped. I spoke with YIA LY (787 Watson, H!P-651-246-641Q) and CAING VANG (8-8-84, 62 W. Hawthome, hip-651-487-4918), who stated they along with LY's wife GAO VANG-LEE YUA (7-27-79, 787 Watson) were coming out of the club when severa] males including MOUNG CHA (18-21,A/M bald head), KA GO LOR(18-21), and SY Vang (18-20, AKA "AoughBoy") approached them and s[arted asking them "what clique aze they with". I asked the guys what did they mean by "CLIQUE" and the stated they meant "Gang" and that CHA, LOR, and SY were all members of the "POSSE" gang. YUA, LY, and CHING were all walking to the cazs when they were attacked by the suspects along with the 5-6 other males. LY and YUA got into their caz (909LUJ), with YUA driving. YUA and LY statted to leave when the group of about 7-8 a/m's approached the caz. CHA then kicked the window out of the drivers side and struck YUA in the face numerous times. They group also broke the reaz window of YUA's car. The suspects fled the scene in an unknown direction in a 92-95 Red Honda Civic with 5 staz rims and a 4 door Toyota Corolla. CHING stated they started fighting over something that he and the suspects did in 7th grade. Inside of the damaged vehicle was a broken beer bottle, it is unknown if any one was struck by the bottle. Medics azrived and YUA was checked out and released at the scene. SQD310 (RYAN/Kantorowicz) arrived and took photos of YUA's injuries and the vehicle. I was later approached by another male DENNIS VANG (3-23-83, 795 Edmund, 651-228-1777) who stated he was standing nearby the fight when he was approached and struck by a bald headed asian male weazing a white sweater with designs on it. While DENNIS was on the ground he said one of the men maced him. DENNIS left and went home and was later brought back family. DENNIS appeared to have a laceration to the head was still bieeding . The Family stated they were going to take him to the hospital to be examined. Please send a copy of this report to LEEP. Saint Paul Police Department Page 5 ORtGINAL OFFENSE / INCIDENT REPORT Refe2nceC.N. Primaryoffense DateandTimeofRepod Canbeidentifiedby VICTIM Euidence fumetl in? ls sto/en properiy traceab/e? �r ; / v.q. _�_ a i ST.PAUL REPORT Team: �+4' REPORT WL, S L�W4/ �((jT l [`�.�t'-T6RCUlG?� I �J�tr) L�/�G Si�� � �.+ \ / //77 ��.h. Sr. �Ct,✓�5 zpCV) 70 : f}� I�ic:-cc..�A/�>s. �-v� "ro:.�< T�[� /"v-ccu/..� �iLO��tr c — � i15�•� C,¢NNOJ T-70, r—�f}Su� ! t'��� �: Gv.- � z '�G� �i w�. •. �'� z:) 3� N� �> �"� �) �� �l G�t L<ls ��a-2 �,�, � C LaS� -�rP ��.a� �. i,,,t,� Aa..� ��ttv�j ��.v-D�'�-' j�s � D� G i- (� ` (� �i S, �L h::rrt.b CG-z./rs�, �`�.,�'L Q� ,1j1LC`k.t� j�E'�' rj::•'7Zi L�✓�l' lh.t � V � cttry) G..u� i.� C� Ai! tw �✓tcr�.�+� j rrE a�i�n.^-i l/ 7nc ��-r.r_,2iI,�..s �,,.43 <A:' �€0 /Fs Y�.A� �sAG�; � \ o�-'L7-79. \. J 7�a�` �� �r. t.��h r ,..ro ,„� ���� 'TE-�^"- rL�-(�c.� 5 zo, r O 7 J c c 0 J � S`?' Z z uc% . . �-,. ` , ���01 �HF om ❑ Rob ❑ Jw Coorc! ❑ ID ❑ I.ab D/C � Burg ❑ Theft Q Prop CAU ❑ F&F � Auto �TOYt� w� c s O.T.: Typist: � Yes � No Rec „0'team ❑ Sex ❑ Rptr DAO ❑ CO ❑ HumServ :�� �. A co/'C-� PM / �/� z E�.,- �4RRAE Y.E ,: ,. �; � �, ,�, ��^�- ;r;. --: �.n.., ' °yt, , �' , �'c�� •'r,;:;r�.. , a ,a . ,. : ' �,�„ �i.,,.�"e:aF, � , ,�.. . ,: . , , , Arrest Num6er Last Name First Middle Address DOB Age Sex Race _-- _ _ _ ._ ___ __ _ . 1.�� six..�o 31oT <Ka...�,,�o�.coz�l�ra..+� :�C�e� s�--> ro 1i'�7 C�.a.�-.-v-'c.% � ( S .�GCC+/ !T`l /1 LW'O ! "'�u S � G c.H.»•1 �ra�..T. "."" .-�NE .SPCLC.F _ ut r+' S�F � :Zc�'' 7a.�.0 `� T1�r4'T Y���'s <JZ+a+�.�j :"C.7n-J �� �hY �>� ✓�.'J� CcosE 1L-� Q<'�tS = O l�1 ? J � � - c � ■ ■ � 2000, Inc. d/b/a Dinner ub 2000, Inc. � City's Exh. No. 12 @ I=Y'k' ,S i.,.o� �N i� � eport Reviewe .By� . Emp. No.: O.T.: Typist: .0.: G(�.'S/�y� Yes� No CHF [} Hom ❑ Rob ❑ J ❑ Coord ❑ 1D [] Lab ec eam ❑ Sex ❑ Rptr Other D/C ❑ Burg ❑ Thek 0 Prop [] CAU ❑ F&F ❑ Auto ❑ DAO ❑ CO ❑ HumServ J� L PM621•92 -/� f1yT� Pa � , ST. PAUL POLICE DEPARTMENT 04 � GEPIERAL REPORT �r✓ e � �o G-b,�� (�n�, � � � Q � l � , N J ��°� [S'�. �A�-�F��, SANO �5�4n�o�o �� `��� r �� ` i�.�r�ri�;^ �� o �e��D�rz ��9 i-�;��,J �^� J L�� . U,�y i'' �{2,R� V rJ �.. W a �= L �� a. �-� l�`� �3-�t_-.s Lv�1���0 �,�5" �... �_,��:=�T S�Y � :l--.P�.. '{ �� � tr" �.,�� p �V �Z\�'`� I � J SS'��'ti `,c-� ��� . ��� N' r'���,p� �. d � o � ��Q2� x ,r'� �S<L� n �=,,,�; , N�L ,, ,�;..�J w .�,. a c � . 0 Q v 0 � J J ■ i = 2000, Inc. d/b/a Dinner ub 2000, Inc. e City's Exh. No.13 nss�st�� o S A!-� o S ��,00d • - - -.. ,,,,.,. �-' [� � No CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab []F Rec Q Team ❑ Sex � D/C � Burg � Theft ❑ Prop � CAU ❑ F&F ❑ Auto ❑ DAO � CO ❑ HumServ �1��{�S� Rptr ❑ Other ' � � ' L; , �� PM 621•92R i: LLL Pa9B �._or�_ ST. PA �ENERAL R PORT MENT �����I�IIIIIuIIII�uIIIIIIIIIIuIIIIu�BIIIII \ ST. PAUL POLICE DEPARTMEN7 Page _�of�_ GENERAL REPORT '��(.Y 3f O (�. �GN rt) �/GK7 �o �j � 7 �(�I'L�NG� C (� �tiC aZGL� , O l�l G� �,��-� f�.:s is ��ro � ce �,. P,-o Pe . p�n d-or�..wl �..�+;re LJa�s Gs- tG-rc C/'oc✓CJ� i� �� /�4��Cikc / � a wgra Un u.Ei �� � �e�.,�n;., i� � e,.-r /.�c..� � c.-:.,-r e �.�i PQ���S we,� �n�,���e. �O� S:n�,� ING S�'O�p.peoCr C�- ipCCw�i-ieCX � CC'i.rS U-kUC_. � G�CCJ�p4N.f-5 �L..� S2LUr.� ( Sc�.i(X -�-�e.� We.Pe. l�nvo�ve[X j,.� C.octi�-voh.�2{�'Oti 5. /!it u CIbPS 4.aaQ f J ,{��sov�5 (,,,Crt Cc,l,� G�dG,►' �.er G�..S. �� `.-� 1 I1 n ^ /1 � ObSent2ck Ohe �Ce,�' LJ�u.�. C�u./'�rX CYa. . 7 �e QWKev- o� �..e. v�e,(,.:e.��. c�. "r1-s Occ�, wc�e Un ca��� . 1 cJ�.s /(/o�F Q.,�jl8 �t0 CXE�2fMb,,,2 i�-'l�*�- G�A-��C GYGt�rre� 0�✓�`ia.� '1'�� � �J�CC..vSt Cc.« �r�:e5 We�^t CJvi CoO�^'G.'�-tc�� Officer: i ; Z88LZOZ0 Illllllllllllllllll�ll� zo� Emp. No.: Reporti�Office NO. /. � �Yes � No ,—v�^�---� � i t;HF ❑ Hom ❑ Rob ❑Juv ❑ Coord ❑ ID ❑ Lab �Fiec eam ❑ Sex ❑ Rptr ❑ Other D/C [] Burg ❑ Theft 0 Prop � CAU ❑ F&F � Auto ❑ DAO ❑ CO ❑ HumServ TIIC. c 0 z PM 621-92R ��� 1" "�"- � z�,=H . *�� • ,: � '"� {=;?EARAA7IY� �%�, �`�r��„ sti ��� ..<.�e�;�� a t�i� � ��, , �'"rv`�: �,�v ., k `�,'• . .. ia. .... ,: F .,,.� ..q . . �>... ... Avest Number Last Name � First Middle Address DOB Age Sex Race ��Lj Saint Paul Police Department �_ �� �' ORIGINAL OFFENSE / INCIDENT REPORT Page 1 Compiaint Number Refeience C.N. Primary oNense Date and Time of Report 02-028251 WARRANT ARREST 02/09/2002 22:55 Primary Reporting �cer. MICHAEL A THARALSON �oca5on ofincident: 1177 CIARENCE ST PAmary offense detait Pnmary squad: 373 Secondary reporting ofGcer SHANNON K SILLS D;strict Ep,STERN ( EASTERN DISTRICT ) Secondary offense: Name oflocalioNbusiness: DINNER CLUB 2000 Dafe & time of occurence: 02/09/2002 22:55 Arrest made?YES Date & time ot arrest: 02/09/2002 23:00 POLICE PERSONNEL INVOLVED Arrest made or, view: YES Pursud engaged: Arrest made on warrant or p2vious CN: YES Resistance encountered: Weapons used 6y police: Weapons used by suspect at time of arrest: CHARGES _ Name LOR, CHUE � �7 Anest Sfatus gOOKED Booking # 7� / L 1 7 r eooking date 02/09/2002 eooking time 23:07 Charge THEFT/PUBLIC A Cifation number Bail 1,000 Originating agency fLqMSEY CO. Warrant number Charge CN 02028251 wananttype WqRRANT NAMES ARRESTEE LOR, CHUE � 485 MARYLAND AV W STPAUL MN 55117 P hysicalDescri p tion Phones Sex MALE Height HairColo� Race ASIAN weight Hispanic Builtl DOB 04/09l1966 Skin .4ge 35 Physical Condition Employme� Consciousness Occupation Hair Type Hair Length Facral Hair j S Z 8 z � z � IIII I�II I�II' UIU'II'I ulA'II" II'll IIR� IIII�I I Druglalcohol use INTOXICATED . �. � CRIME SCENE DESCRIPTORS � 2000, Inc. d/b/a Dinner ub 2000, Inc. _'�� City s Exh. No. 15 � �� .. - � '�--'`x� � � � � i \ �-- � .4-� t C._ �? �-�- �a-� C��� - .� ��--C_.-�. � pAt � . PULIL'E Comp/aint Num6er 02-028251 WARRANT ARREST 02/09/2002 22:55 Crime Scene Method & Poinf of Entry Type OFFICE/COMMERCIAL Description BARlNIGNTCLUBlTAVERN Force used NOT FORCED Point of entry Method PROPERTY ( NONE) VEHICLE INFORMATION (NONE) SOLVABILITY FACTORS Can suspect be identified? YES Cnme scene processed? Photos taken? PropeKy turned in? PUBLIC NARRATIVE Suspect was arrested for felony warrant and cited for urinating in public. Anest# Name Address DOB Age Race Sex LOR, CHUE 485 MARYLAND AV W, STPAUL, MN 55117 04/09/1966 35 A M NARRATIVE While on patrol Sqd 373 was about to do a premise check at 1177 Clarence. As we got out of our car and walked towards the entrance we could hear loud voices and yelling coming from the stairway going to the basement level. The stairv✓ay is just to the east of the main entrance. We walked to the top of the stainvay and saw 2 asian males standing at the bottom of the stairway and the door was open to the lower level of the nightclub. There was an asian male wearing a black leatherjacket and black panls urinating at the bottom of the stairs. W e asked him to come up the stairs and he yelled to us several times, " Come down here !" After I saw him zip his pants up and turn towards us I walked towards him. He and the other male started walking though the open door into the nightclub. I grabbed him by his left arm and escorted him to the top of the stairs. He was patted for weapons. As I was patting him for weapons the other male that was with him at the bottom of the stairway came towards us and told us he was the owner of the bar and friends with the suspect. The suspect was placed into cuffs and put in our back seat. He had a MN photo DL that identified him as Chue Lor, 02-09-66, 485 W. Maryland. Per Ch5 there was a felony warrant for Theft of Public Assistance out of Ramsey Co. for Chue Lor, 06-06-66. Ramsey Co. warrant office said the address on the warrant was 485 W. Maryland. The person next to Lor at the bottom of the stairway was identified as Ge Van , 04-04-68, 9413 Harkness Ave S., Cottage Grove MN 55016, h/p 768-5059, w/p 778-85 . ang said he was an owner of the nightclub. Lor was transported to HQ for booking. He was booked for the warrant and citation 902178653 ( Urinating in Public ) was placed into his Qroperty. There was no criminal history available for Chue Lor. Please distribute to: CHF Hom _Rob Sex D/C _Burg _CO _Rptr _vice Saint Paul Police Department Page 2 ORIGINAL OFFENSE / INCIDENT REPORT Reference GN. Primary offense Date and Time of fteport Can be identified by POLICE _Juv _Oper _Theft _Prop _Narco _SIU _PSC CAU � _Lab F&F • �Other Evidence tumed in? /s stolen property traceab/e? _Rec _Team Auto DAO �;�' l.E, f�'.��-�w}?�+�- V � L��� � q �• � Saint Paul Police Department PUBLIC OFFENSE / INCIDENT REPORT Page � of t Complaint Number Refe2nce C.N. Pnmary Offense Date and Time of RepoR 02-028251 WARRANT ARREST 02/09/2002 22:55 PrimaryReporting officer MICHAEL A THARALSON Primary squad: 373 Secondaryreportingofficer. SHANNONKSILLS Disvict: EASTERN ( EASTERN DISTRICT ) Secontlary offense: Loca6on ofincrdent 1177 CLARENCE ST Name oflocatioNbusiness: DINNER CLUB 2000 Date & time of occurence: 02/09/2002 22:55 Anestmade? YES oate & 6me of anest 02/09/2002 23:00 POLICE PERSONNEL INVOLVED Anest made on view: YES Pursuit engaged: Anest made on warrant or previous CN: YES Resistance encountered: Weapons used by pofice: Weapons used by suspect at time of anest CHARGES _ Name LOR, CHUE Anest Status BOOKED Booking date 02/09/2002 Booking # Booking time 23:07 Charge T HEFT/PUBLIC ASSISTANCE Citafion number eail 1,000 Originafing agency {�qN}SEY CO. Warrant number Charge CN 02028251 Warranttype WARRANT NAMES (NONE) PUBLIC NARRATIVE Suspect was arrested for felony warrant and cited for urinating in public. /` __ � `� _ , ,'�rie�iu�: � �Pwsor� �� � �� "' Sr�'F. .: `' ^ �*: `_.-_ '� �- ...: �<C� _, - . . .� � '��` `` -`:, AUTHORITY TO DETAIN eoa�a ' r�a P a c_ �ro '" ��i�� � � L� -�1-1p( 'c � FEIDIf KSTAT r. . f�f . >:' �-wxrte Q_eucK Q-wsaunc Q-rurne,veers�cax '�nsuw Q.oTxec s j � / ��v crtr � ��, . 7� �' `�ii �;'_'-� L J �V� 7 G f :! i.— il. ARRESTINFORMATION: ;t'.�� Tunxaxniax : . .:-,.._ _:..:. :.:� MRESf LoGT�Or+ ��:: If` �7 �C,� ,� �' ;ti% � � �"'� MRESIING OFFlCER 1 . 5 - n ;�. /�P� �'ti";'r"��. C <.,�,�J �?���� .:G:. /JtftESiING,OFflCER 3 . �y 5 ,�,. � i '� i �t � �3�}' 1ARGE INFORMATiON / HOLD INFORMATION _' r �fi�j? �J�v.� C��`1�,7 ......:...... A NFX _:._ INONWRIiFl _ ... __: ' .... .�.... _.. .._ _..:., _ ..-...,. _ _. RESTG� MRESfCN �'��Ji. G�� �.�.�. ,R.��R„��, `,;^77�Ci J �n�errosrs mwuroanr�ocs¢eax � 3! :� �o a� 0 �— ! � '0 '�' � �22. � so /,�u� i`' ._ ,._._... __...., w„om,,, , �,e ,s a s������ ���� (q) Conanueu Detenqon �s necessary a harm to ihe accused � further criminai � that ihe prisoner wili fail untler MRCP 6.07 or to another. Conduct. to reSpDnd to a ci�ation. � (6) ThepnsanerEOesnoipossess,orhaveaxesstoatlequyteresourcestopcstbmlmpayafineonvramM(si. V. SPECIAL INFORMATION This priwnef: � xas in a fight or accMent � is ill or neetls medwallon � prppa�(y ����y ��yy, � wds seen at Ne hospital before bookn9 � meeMOnM y,wiAe � hatl cbemiwl agent esetl on hiMhe� � ezhibRS disW�bad behavior � VMicle vns towed Vi. RELEASE INSTRUCTIONS � NELEASEAFTERfDENTIFICAT10Ti � GROSSMISDEMEANORDWI-RELEqSEAFfERSHOURS RELEASEINFORMATION VIL SPECtAL MANDLI � Phone restridion � � OthedExplain �VIIL SIGNATURE `:> .�Raesnr�irrsN+saorenr�< ' � / RESTRiCTiONS � Not to contad �ANNEX ❑qpC �HOSPRAL � naER � LOCAL � LOCAL � STATEIFED PRINTS AFIS PRIMS Secontl Test Accomodated ryp � L Rev.Sl30/W ORIGINALTOIDENT CpPV1-ARRESTAGENCY � Keep separa�e (rom ( � STATEIFED AFlS � ��� ❑ R� � PHOTO • � SPPD YEAR _ COPV2 -ANXMIC COPV 3 -REMFND � Page ` o � � Day Month Date Yea� ST. PAUt POLICE DEPARTMENT GENERAL REPORT � � t C � Squad; Team: lF �.� 57 5��� �t�cP%�i� Clas� � Loca�6'�o�Of Ca/p�- ��L�! "e� � � 1 � l� Time & Date of Occunence: ^� Occurred At Q Between:� ! hrs. on and c - {�c rc� ; / r a necoras V Grime tab Loeker Crime I..ab � Property Room ��LO-�- �°�1 LN��.ti�.�� �,L��s ��S�c�f-c-�,� � �� 77 f?{av-ef-��e ���vb �ee� �n toL�cQ rYU,�giC. � ��v�s-�Q Se ���v, =� -f�v� 1�� /�ues; � �i���c�f ���� c�'c� � Z � � G � �� ;}� � ■ . � � 2000, Inc. d/b/a Dinner ub 2000, Inc. � City's Exh. No.16 No.: �Yes � No F❑ Hom ❑ Rob ❑Juv ❑ Coord ❑ ID ❑ Lab ec D/C � gurg � TheR Q prop � CAU � F&F ❑ Auto Q q p p � C m � Sex ❑ Rptr ❑ HumServ hrs. on � Other h'Y CO 4 �O�cL �J 1 C C PM 621-92 r � /K�J . ' � ij ',, ' P ,� I, � �< ;-= Sain au o ice epa m ORIGINAL OFFENSE / 1NCIDENT REPORT Page 1 Comp/ainE Number Reference C.M Pnmary offense Date and Time of Report 02-032651 ASSAULT, AGGRAVATED 02/16/2002 02:33 PnmaryReporting �cer. �OSEPH D REGINEK Primary offense detail Primary squad: 333 y�o Secondaryreportingo�cer. MATTHEW S ST SAUVER Distnct: EASTERN ( EASTERN DISTRICT ) Secondary ofrense: POLICE PERSONNEL INVOLVED Anest made on view: Ar2st made on warrant or previous CN: Weapons used by police: Weapons used by suspect at time of ar2st: �ocation ofincident: 1177 GLARENCE ST Name oflocation/business: DINNER CLUB 2D00 Date & 6me of occurence: 02M 6l2002 00:46 Anest made? Date & time of arrest Pursuit engaged: Resistance enCOUnfered: CHARGES (NONE) NAMES VICT/M PHA, LON 4497 890TH ST #N STPAUL MN 54739 P hy si cal D esc rip fion phones Sex MALE Height 5-4 Ha�rColor Race ASIAN Nispanic ooB 08/15l1960 Age 41 Weignt 175 Build Skin pALE Physical Condifion Consciousness CONSCIOUS �rug�a�coho�use HAD BEEN DRINKING INTOXICATED Hair Type Hair Length Facial Hair Home phone 715-879-6315 Work phone 715-456-4110 Empioyment Occupatron O Employer O � N ( Injuries Taken to health care faCility YES Medical re/ease obtained? w Type GUNSHOT INJURY Cocation HEAD o_ �.� � 7ca�cn�n �����• � = 2000, Inc. dlb/a Dinner ub 2000, Inc. City's E�. No. 17 m i C� H i � /2 E � ?`-&�¢"�'''� I�/nir[ -�- t�/ e-E ��-o P LiQ/.� /1�6�''�' c -� �(C , , Saint Paul Pofice Department � � ORIGINAL OFFENSE / INClDENT REPORT Page 2 Comp/aint Numbe� Reference C.K Primary oHense Date and Time of Report 02-032651 ASSAULT, AGGRAVATED 02/16/2002 02:33 VlCTIM VANG, PHA _.� 8370 GOODVIEW COTTAGE GROVE MN 55016 Physical Description Phones Sex MALE Heighf NairCOlor Home phone 651-769-0634 Race ASIAN Hispanic ooe 03/22/1970 Age 31 HairType Hair Length Weight Build Facia/ Hair skin PALE Physicai Contlition Employm Consciousness CONSCIOUS Oceupabon Drug/alcoho! use Employer Injuries 7aken to health care facility YES Medical release obtained? YES Type GUNSHOT INJURY Type GUNSHOT INJURY 7ype GUNSHOT INJURY Location ARMS/HAND Location TORSO/BACK �ocation TORSO/BACK VICT/M MOUA, GE 4497 890TH ST #N STPAUL MN 54739 Physical Description Phones Sex MALE Height HairColor Race ASIAN Weight Hispanic ooe OS/15/1960 Age 41 Hai� Type Harr Length Build Facial Hair Skin PALE Physical Condi6on Empl Consciousness CONSCIOUS Occupation Drug/alcoholuse Employer Injuries Taken fo health care facility `(ES Medicai �elease obtained� rype GUNSHOT INJURY 7ype GUNSHOT INJURY rype GUf�lSHOT INJURY Cocation qRMS/HAND �ocation LEGS/FEET Location HEAD Saint Paul Police Depa�tment Page 3 '� r ORIGINAL OFFENSE i INCIDENT REPORT Complaint Num6er Reference C.N. Primary offense Date and Trme of Report 02-032651 ASSAULT, AGGRAVATED 02/16/2002 02:33 WITNESS PHA, TONG 5886 NWY 40 ELK MOUND WI 54739 PhysicalDescription Ph ones Sex MALE yeight FiairCo�or Home phone 715-879-4455 Race ASIAN Weight HairType Work phone 715-829-5639 Hispanic Build Hair Length DOB 02/12/1973 Skin pALE Facial Hair Age 29 Physi C ondition Employmenf Consciousness Occupation Drug{aicoho� use Employer CRIME SCENE DESCRIPTORS Cr ime Sce M ethod & P o E _ Type PUBLIC DOMAIN Fo�ce used NOT FORCED Description HIGHWAY/STREET/ROAD/ALLEY Pointofentry Method We ap o n(s) Us ed Type GUNS, LONGGUN PROPERTY IT M 1 Recovered uanti Model # Serial # Descriotion Total value Date Owner VANG, PHA 1 VICTIMS CLOTHING $ 02l16/2002 Cocation FROM VIC71M Article Type /Item OTHER PROPERTY / CLOTHING Turned in at PROPERI'Y ROOM LOCKER Locker ID # 3 Lab exams IT M 2 Recovered uanti Model # Serial # Descriotion Total value Date Owner VANG, PHA 1 VICTIMS CLOTHING $ 02/16/2002 Location FROM VICTIM Article Type / Item OTHER PROPERTY / CLOTHING Tumed in at PROPERTY ROOM LOCKER Locker ID # 3 Lab exams ITEM 3 Recovered uanti Model # Seriai # Descrintion Total value Date Owner PHA, LONG 1 VICTIMS CLOTHING $ 02/16/2002 Location FROM VICTIM Article Type //tem OTHER PROPERTY / CLOTHING Tumed in at PROPERTY ROOM LOCKER LockerlD # 3 Lab exams ITEM 4 Recovered uanti Model # Serial # Descrintion Totai value Date Owner PHA, LONG 1 VICTIMS CLOTHING $ 02116i2002 Location FROM VICTIM Article Type/ltem OTHER PROPERTY / CLOTHING Turned in af P R OOM LO CKER Locker ID # 3 Lab exams VEHICLE INFORMATION (NONEj � ��� priSCE Comp/aint Number 02-032651 Saint Paul Police Department Page 4 ORIGINAL OFFENSE / INCIDENT REPORT Reference C.N Pnmary offense Dafe and Time ofReport ASSAULT, AGGRAVATED 02116i2002 02:33 SOLVABILITY FACTORS Can suspect 6e ident�ed? Crime scene processed? YES Phofos taken? \'�S Propertytumedin? YES PUBLIC NARRATIVE Three victims received gunshot wounds while walking out of Dinner cluh 2�00 at 1177 Clarence. NARRATIVE Sqd. 333(J. Reginek) was sent to 1177 Clarence (Dinner club 2000) on an aggravated assauli(shooting). Upon arrival I noticed several squads already on scene along with medic rig #9. While entering the parking lot to 1177 Clarence i made note of several vehicles that were leaving the scene which included MN lic.#HFL-247, BBS-801, EHJ-807, EET-607, DGG-397, and CAH-590. I entered the crime scene which was located toward the southwest side of 1177 Clarence, and saw Ofc. St. Sauver questioning witness TONG PHA(verbally id'd, 02-12-1973, 715-879-4458, 715- 829-5639, 5886 Hwy. 40, Elk Mound, WI 54739) and victim LONG PHA(later id'd by WI DL#P000- 5207-6296-03, 08-16-1976, HP:715-879-6315, CP:7t5-456-4110, N4497 89�th St., Elk Mound, WI, 54739) who was laying in the parking lot near MN veh.#DNB-138, with what appeared to be a gunshot wound to the head(See attached supplement). 1 attempted to focate additio�al victims, and learned that the two additional victims PHA VANG(later verbally id'd,03-22-1970, 769-0634, 5370 Goodview, Cottage Grove, MN 55016) and GE MOUA(later verbally id'd, 08-15-1960, 715-879-6315, 715-456-4110, N4497 890th St., Elk Mound, W I, 54739) were already taken to Regions hospital for gunshot wounds. I assisted O�cers in setting up, taping off, and securing the crime scene. I noted all officers on scene as Sqd. 319(M. St. Sauver, T. Sand), Sqd. 370(J. Odonnelf), Sqd. 330(P. Cheshier, J. Peterson), Sqd. 509(J. Meyer), Sqd. 360(J. Linnsen, M. Meyer), Sqd. 314(L. Bolduan), Sqd. 633(J. Nash), Sqd. 309(Sgt. J. Wright), Sqd. 338(D. Rud), Sqd. 335(M. Biumberg), and Sqd. 332(P. Crum). Ofc. J. Peterson and P. Cheshier photographed the crime scene and located discharged shotgun shells which they then recovered and turned in as evidence(See supplement). Ofc. J. Li�nsen and M. Meyer went to Regions and spoke with victims P. VANG and G. MOUA in addition to photographing injuries to all the victims(See supplement). I spoke with several potential witnesses on scene, all of which said they saw nothing and don't know who the shooters were. I spoke with the security manager at 1177 Clarence, MIKE CHRIST�(verbally id'd, 02-10-1957, 487-5815), who said there were no fights inside the club ��s night. CHRISTENSEN provided a list of additional security officers that were working at the time of the assault which included; JOHN TANAK(06-11-1976, 218-854-7406), NHIA VANG(08-08-1965, 77A-3493), THAI�9-30-1976, 429-3643), and PHONG YaNG/08-28-1973, 283-3494). I spoke with all the additional security o�cers who all said there were no fights inside the club. Sqd. 633(J.Nash) spoke with security officer HANG who gave a description of the suspect vehicle(See supplement). Suspect descriptions were aired to all St. Paul Squads. f was then contacted by Ofc. J. Eflison who told me he stopped a vehicle on traffic on 02-15-02 matching the suspect vehicle description(See attached tag#902208150}. Can be identified by Evidence fumed in? YES Is stolen property traceab/e? I went to regions hospital where I collected clothing from victims P. VANG and L. PHA. I also recovered medical release forms from G. MOUA and P. VANG. I was unable to get a medical release form completed from L. PHA because he was currently incapacitated. I maintained custody Saint Paul Police Department � ORIGINAL OFFENSE / INCIDENT REPORT Page 5 Comp/aint Num6er Refe2nce C.N. Primary oBense Date and Time of Report 02-032651 ASS AGGR 02/16/2002 02:33 of the victims clothing until I turned them into PL#3 as evidence(See property form). Please distribute to: _CHF _Hom _Sex ,D/C _CO _Rptr _Rob _Burg _Vice _Juv _Theft _Narco _Oper _Prop �SIU _PSC ,CAU T&A _Lab � _Rec _Team _F&F _Auto _DAO Other � z• �� Saint Paul Police Department Pa9e 1 or, `� PUBLIC OFFENSE / INCIDENT REPORT Comp/ainf Number Refe2nce C.N. Primary Offense Date and Time of Report 02-032651 ASSAULT, AGGRAVATED 02/16/2002 02:33 PnmaryReportin9ofiicer. �OSEPH D REGINEK Pnmary squad: 333 Secondaryreponingoffcer. MATTHEW S STSAUVER Distnct EA$TERN ( EASTERN DISTRICT ) Loca6on ofincident: 1177 CLARENCE ST Name of/ocation/business: DINNER CLUB 2000 Date & time of occurence: pZf 16/2002 00:46 Arresf made? Secondary offense: Date 8 fime of arrest POLICE PERSONNEL INVOLVED Arrest made on view: Pursurt engaged: Anest made on walrant o� previpus CN: Resistance encountered: Weapons used by police: Weapons used by suspect at time oi anesF / CHARGES (NONE) NAMES V/CT/M VICT/M V/CT/M PHA, LONG 4497 890TH ST #N STPAUL MN 54739 VANG, PHA 8370 GOODVIEW MOUA, GE 4497 890TH ST #N COTTAGE GROVE STPAUL MN 55016 MN 54739 PUBLIC NARRATIVE Three victims received gunshot wounds while walking out of Dinner club 2000 at 1177 Clarence. �.: �.,�...� � , �, ��. � � � : � . P ,.� �,:. , ,J.. '`-y-NkRHAT1VE , vr.--;°� :,. � �xz fi., � �z.=�, � -�� � �:�, ..',. _ �:. Arrest Numbef Last Name First Middle Address DOB Age Sex Race C>� o,�2z/oz .Sf,��� 3�2 1.r�c-�N� �sY.�-'0� T� !!77 C�,a�Ce�c-c-= , CCCv3 Zouo� �rr+ A lCp�a2, oF f� �Fc-� w.zrx �,./EMPo�S . UPDnJ QiUL:t-v� L T �/JdL'�, 7U �' vnp /�(Ail1 P�d ViMJ( U6 �2C /�qG G l!?7 C�cwc.0 sr �S' PAJG� r!N SSiv� c J�uc �- �si- �� y_ zs � �. /�w� S �Z'O '�: �D cc.�..-Z2,�-� : � �.� �-.J �S �/�.��- /�.Gt L� S G��.E �S CCvr� �,J� G� ov�Sio�.. ��Lr SZ�� /�. �S'-'�-.� r3vrr o,�c .4sr.9-� r,��-c /�9 R pcX�� CvE , q•vp �✓6ia�r f� �/�t S Gc�,.c� 7U uS� -�- �v A Fs��tr: � ---- ""�"'� �"'� /-' I /1/�'VE7c .�C �X.G oJi � �,�.4 �GG � �lTif.-✓ f1�R�E.S Ler=� � R2�+. �� �✓��L N� �.�cs-c� G��a-c, yl. ■ � � 2000, Inc. d/b/a Dinner ub 2000, Inc. City's Exh. No.18 °' Emp. No.: � Yes ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab Rec eam ❑ Sex ❑ Rptr ❑ Burg [] Thek [] Prop 0 CAU ❑ F&F 0 Auto ❑ DAO CO ❑ HumServ 0 h z V 1� 1 � W s � � .� � other - V a-7 � � C L U I ,ar:,,/S� PM621-92R • � �r ,� ,,. ST. PAUL POLICE DEPARTMENT Pege �>> 'or � GENERAL REPORT p � � � , SUPPLEMENTAL REPC te & Time of Report: �a_� ST. PAUL 71UF /y1U�L�c. in��l�� iJ /n-ai- �/ e?o /n !� - �3�/0 ;S/?��'i�a� �� � �n�/5 5sy� �, 1 S — ('�-Izt / �i 9 39 / - 2��/'�'"�� �.���.-�� 77V6 UKa���S'u� i�I�r��S vS�'�' �f i 3 3� �C� /'c'r7 ij,,�� ' , �- � - Ci'�r��fin� �c��09D�8 - ao vy'- a�l - �/ " h�i �'�}- � i� � ? y,,�_��, �..�L�� ?N �r� �� �5- r.7-�'.� /� in A- �%�Z� , �L�- ��, /� /r/�,/S SS5�4 � / � � - L��� �ro� 9v<,2 � I 9 3 r � » - �i' �-� �� !�".�: t�r� t �� ��.� �� ��� ��.���_��..���.� �,7� ��� C' L� r , cc� �,,� .�.� .,��-�..� ..-�,r-��_> ��-�� ���-�1 i���� .�.;r� G���,�����J�� .��,�..��!���'��:J . �� f !L� �CLG�7 ` J � l��t� y� (i'�1� ✓L /�rt� . / L � ) '� / ��.�/ L'� �✓L2�-�'..c1� G ��e����«Y ✓� J � /�lI�J�� / % / V � � z � �aX�� � /) � j/ �' �� /� /.iv-t'..QJ !� L-�f��', / t�a.i�I� � � �,�,� f.'� ./�U�L tv .<;/� ^ t F� / �. . ��i�[�� �f�ic.e/ � � � ./U"`�!�'�s/ ,�i,.� � � ;�� � > ,�� ✓���i �',�.����,� ��� � ��s��� L=f� �-�'� � � - ��CGi`c-�J'�� .��h ,/ � � �� � ����� ��.���.� �=�.�-� ✓��,�-u���r��� ��-�� ,�ti.�� ���2� � �L� �Gr�.��� _�����a '�e ,�^���:' . /J v� ld-�'� ��._.c�i ���2�� � �.-C. ,�.� ° \ O Z S S � J r � v � G'`-IF 0 Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ec eam ❑ Sex ❑ Rptr ��[�ther �/ J�--L }C D(C ❑ Burg � Theft � Prop � CAU ❑ F&F � Auto DAO CO ❑ HumServ ,_=-; �-+ �� PM 622�93R , � Type /1t ��P 7` �t �/ '� // � � , �'Z� � Q��r��UEJ�%��RE��"vd , ..���y ��� .��u—r�� �.-�i,P� 2 ���•.� � �" .��r.�r� _�i - �l�j /J�/1/�L.� G��� �� �`� „ �J �� � � � °� � � a �%� .�� .�-�t° � � � � ' �� ,�� �'�...� �� �� °�is� �.. ,�-�'cY-�� o.� �.�.�� .�vn.,a� -�n�C'�������._.� 1�.��;,_%��� � � � �.��'�� �-�'..� ,�. � o.���.-�� ��'.-�,���✓ <� � .��.�% G �Z���z�� .�-�� �-� �.�.�..�--.���. ,�' �--� �e.�� .� .��..� � .��� �� � �.� `v�� ,�v// !r �/ � `� � ��. ,�'�,.e� �✓.��,,J �,� �L - �/l/L� � - loU3-�� c /�� �he�/ ��� ����� /v-a9- ��/ � �,���.�.�-� � � �����.�� ��� �� ����� ��� �L� .i����.��� ����-�-� .� - � ���� � � � � � `� �� ����� ���� � � � ����� �, � � �.��:.� � �e;,���:�� /�b ��� ✓�vZe-u� ���� J IG � . � c � � �� - �� �^-� � �x��-/�z� 0�1 ��li� ,/,�e :�i`� l�.��� y � O� � � � ,(y�� !��? % /'.� � ,E3� J/'�( . / � ( C / �-� �.,e if-��'.,e� �..�-���' �� �� ��G�� a�� _ �'o���.�t�� .�.� �-��� ���f' � .� ���� ��,i.��� m ���.C�i . ��'u ��� , � ����f !�� iti�<�� -� ��� ,�� �����.�.�.��1��.�� �-�� � ��� ��� � %y'/� reu s � SC' � 4 k�/� }� �2 d :� - a & - � / �,��.�.� � � ��,� �..e �r.e�tic�i ��.��'-��-ei (�Yr�-��e�� � ���r �c.��i�c�� � �L G% ��� , v ��./'.� :/�/r/z�.i �t��,�. � ��L C(l3 �GZ"'r D,�tt fs'�7 .�.-��� o� � � �� ����-�.����,�-e�� � ������� �� �` r �2 U��o o�-o �- � 3 �v'�-�'i ��L�v�.- �L- ����e'���L .� �`" � GUIU���y - " ` f � . .s2 � r.w___a ❑ SUPPLEMENTAL REPORT Da�-�� Cio2J ST. PAUt OF; REPORT ��.�� � ���� � � � � . x��� Van ��-�� d���-� G�u�;��-�� �� �� y�ee��� �..� �-.1� ��e ���`T�,� a--�� � �� �L �� �� � �G9-C' (��l<�� ./Gi�r-�%J �Gl/I'`�%d��e �� � � � �-��/'�$�' -�!i%�.� �./�� �i'E'�-�;Gvnc� d7 �l�L�� �lLe �l�e-��� `i'����`��e1 .�G�-c'�.� ���� ��ih�e , �yr�in.�z� �..�� �.�°� ���� . �� �� � �x.s�-C��� /YJ�h �� !��/� � �G � /9 - � C � !� �' �/vr�,c � f � � �/6n/� S��i// �' " =`� ����� �-�.�.��`"� ��..��' � �' �� � L �. � ���r� �����y:�� � �i� �' �� ��.�°-� . ��-/����e ���� � ��-�,.��:� �,���i� ��.-�� � L�G�t �2�`z� .� ,l -�.� .�- /�'lE'�t���n ��%� ��-�� � � ��� `� _ � �.,� �� �� � ��ti�.��� �-�.�. � - ��.��� ��. �� �` � �,� �'��p � ��.-� j /� � � } " ' `' l . �� ���� �- ���v�. � ���� � L/Ge�Si��/G/��' C��f � G� t c� J� ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ Rec ❑ Team ❑ Sex ❑ Rptr ❑ D7C � Burg ❑ Theft 0 Prop Q CAU ❑ F&F Q Auto ❑ DAO � CO ❑ HumServ r� � � � ❑ Other � Type PM 622-93R ST.PAULPOUCE DEPARTMENT Pase �/ af �� GENERA� REPORT d^� O�Z�fo'L SZ1✓✓ �l'Z �/^Tf�,v� �%. C CC.� tS Z cwv� w�ii. fl .2�oa,•L: �' ��rPw-° � T6 i�7 � CC�C�c� Lv�✓J h7u.C�� . ✓p6,.� �� �' s���c �a 'y.v�-.- o�,..�s ` /�v6, /°�� u.� o G/�y/9� 1�J7 G�''U:�� Sf �C�✓7J ZvoJ� ST .P�711L /�N�1tK �5'/�775� LSD' /� A�✓�0 V+M/� GE NM� Sn++-iE Aa02Ets �a /� /�E �`. .Z f� ✓�S � '?D ?U2v rn �t R,..d �H-S,$ �w..� y ��-�tt ?7 G�' ..o �t N���s /""Y�b, A�1/o /�AN�o s-� '--�y !-.�b�,c0 ^Wt+ !7 - - ^ �a=�_ tL9L£OZO CRF ❑ Hom ❑ Ro4 ❑ Juv ❑ Coord ❑ ID ❑ Lab D/C ❑ Burg ❑ Theft ❑ Prop � CAU ❑ F&F ❑ Auto ■ _ ���i 0 2000, Inc. d/b%a Dinner ub 2000, Inc. � City's Exh. No. 19 OJ : lypist: � �Yes�'f�Jo �c� � Sex ❑ Rptr DAO ❑ CO ❑ HumServ O Z 1V ! O w � � m J � Other V 1 C� r PM 621- 2R T6rtC /� A � i� „" . x. ^ � . . '� � ` y,'��, -.. ��",�„� ' �� . "1'tRR$lS7�V� , :`x�� .. ; � � _ � �..�� ��� Arrest Number last Name � First Middle�� �Address DOB �� Age Sex Race� ST. PAllt POtICE DEPARTMENT Page �of� GENERAL REPORT Un� 0 .�12`1�oz SQ �.c� Jlz C��� ��Spc�. Tp /h7 Gl�ce�c� S': �C�� Zvvo� `,�-� /�} �o�-; a�' /��o ��.sr�. / vp�,., /a/12.�,�. � sPo��E ra ��� rJ�G,, iv/� �otz �z�/a8liy�r Jl�'J CC/a'CE^�cC 5�: Srr°��,r"`i 5��� o � CL�t3 Zvua. T/��.aSt.� Efc..., �l �J/Lu '� pvN �,�, / �C � �1' NL-Z'G I'�'S�✓L Co w�o!/1r�.6 , V'A^��e S RT1p �K� Gtld!/c.0 �L+1/ ,�� VL}SS 17p.�. tiJ _� ■ e a 2000, Inc. d/b/a Dinner ub 2000, Inc. City's E�. No. 20 � �� I/_� n i � N 1 0 w � i � � Emp. No.: Z„jZOrl/J �HF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ec eam ❑ Sex [] Rptr � Other C D/C ❑ Burg ❑ Thek � Prop � CAU 0 F&F � AuW DA � CO ❑ HumServ v� L C PM 621-92R �' ���� +r^ �«: iC^ ii� >;NR RAZIVE � "�Y � v �..„ .. ' �,:,:�.� �,. ,�.�T��:, "� �;.. ��..� ,� � :� �z�..�,� �: �r.::-. Arrest Number Last Name �� Frst Middle �� Address DOB � N Age Sex Race � S7. PAUL POUCE DEPARTMENT Page � of_1_ GENERAL REPORT �� SC,��✓�0 37.z �r�.4-��xn�l.,:�-�) � sc--�-r T 1!?7 �-.W4�-� �eu�5 zs�o� p ,� Zc.,,7 M..s, � �<=oi`--.P�-4�n.r ,i j,Pc.� tJirt S��c'.�2: Yl �'rY �� C'—<r,.� �✓i� :7�ic`5 tf/J4 �•r.tr f '�Ici3: � A-�ll .��> '�L,2.v60 �c�-..s", n Z � • 2000, Inc. d(b/a Dinner ub 20Q0, Inc. m � City's Exh. No. 21 ssisting Officer: Emp. No.: Reporting Offi r: Emp. No.: �r�,n.ew«z� 33C�3so eport Reviewed By: Emp. No.: O.S : Typist: Code: N�me Entry: � �Yes �No ; ��� "' � CF�F ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lab �c eam ❑ Sex ❑ Rptr er ' o� D/C � Burg � Theft [] Prop 0 CAU � F&F � Auto ❑ DAO � CO � HumServ . 1/� PM 621•92R i' a � �,� MAE�,RA7'ki�E� ��.��� . �,. � ; a. _<,� � � .�, . � .�. �:�a �„ ,� �:��������:.3�,'. -�,: �'�. �,. ^:; ArtestNumber LastName Frst Middle �Address DOB Age Sex Race� ' ST. PAU� POLICE DEPARTMENT �;=;': 1 ' OFFENSE / INCIDENT REPnRT Jv�ec c�s,��..�,-F-�c;� _; �c�,rk.,�� /uti- ��' cC.vs� �ccC _c -� � 0 � - -------- - --------------------- - - - -- --- --- - - kJ --- ■ � - -- - - - - - - - --- --- - ---- ��• - � 2000, Inc. dfbJa Dinner ub 2000, Inc. "`� - - ---- - -------- ------- City's Exh. No. ZZ. � W Case: ❑ Assigned ❑ Noted ' CHF / Hom _ Rob �uv _ Oper _ PSC _ Lab L Rec � am Sex �plC _Burg _Sheft _Prop _CAU F&F _Auto _DAO Page 1 �CO _Rptr _Vice _Narco _SlU �TBA �Other `�t ;< <— PM 620-98R P'� F- S C / i E � !f Arrestee is a lwenile, write "JUVENl�E" in the name box. If the victim is a jwenile, the victim's name, etc, is filled in, unless the juvenile was a victim ot a CSC or child abuse. In those cases, just write "JUVENILE" in the name box. Also, tlo not list the name of an adult victim of CSC. If a victim or witness wishes to have their name kept private, and the officer has reason to believe that releasing the person's name woultl put them or their property in jeopardy, check the "Request Non-public" box and leave the name box blank. Name (Last, First, Middlej: ��� � Address: U p Request �/�Ui .SCCf"f�r /` �/ C. YJGZ.�'i S x7` O � N - hi' Was this person taken � res Hea4th care feciqty & Address: to a health care facility? _� No �fCz�U fV j, ��/U J�G (C_.� R-/L/� rttense Lvj 7 �J 2� 3 ❑ Co: ame (Last Frst, Mid�11e): C/-t'�' �'�1 S U CN ��/v/�> �J Juvemle - Parent/Guerd�an Nai ickname/AKA: =i9ht: H4:+ght: S 1 i � S n ❑ Witness Sex: �M St. P� Resident ect ❑ Missug Person � p � � N Address (Street. Apt., City, State, ZiF 7 �/ G'. I�cz O Phone: Work Phone: Occupatior � �S- �l7 U - ( Parent/Guardian Address: � _ I CityBtate of Ongin: Cbthing/Additionat Desc ieavy d Metlium , 1entSer -- � Asian ❑ Ba�tl � K�nky ❑ Aihino ❑ A�e ❑ Clean Sha�en Q On Arm ❑ Black lack ❑ ReCetling � glyck ❑ Birthmark ❑ Stubble ❑ On Chest ❑ k�Wan ❑ Biontl ❑ Sfraight �&owmLt. ❑ Preckles ❑ Beard ❑ On Hand ❑ Mexican � Brown ❑ WavyiCuAy � g�n-Metl ❑ Giasses ❑ Mpus{ache ❑ �� ❑ G � ❑ Other _ ❑ Brown-Dark ❑ Nq�es � Initial ❑ Unknown � Red/Auhun � Short � Olrve ❑ Pierced Ear(s)� Left Hantletl ❑ Name ❑ Sandy Q�tlium Q Pale ❑ Pockmzrk � Rght Handed Q Number ❑ VJnite ❑ Lo�g ❑ Ruddy ❑ Scar—Body ❑ p(her _� Pi��ure/Design I� H¢panK ❑ $pyr—Faaai � (31 ❑ 2 ❑ 3 ❑ Vlc[im E ❑ Gomp � Suspect [ ast, First, Middie): -1�v �n S i KG-�v .. e Phone �/�� a� a�s�- ile - Parent/Guardian , 'ie/AKA: — ���g — Yctim ❑ WiMess Sex � M St. Paul Reside Suspect ❑ Missing Person Q F Q Y [] N Address (Street, Apt., City, Sta Sex: �] M St. Pz Person � []� Addre� (Sreet, Apt., F Work Phone: i _ N �' ❑ Heavy ❑ Medium ❑ Slender Race: Hair: Skin: Identifying Features: Tattoos: Injury Type: Asian ❑ Ba ❑ Kinky ❑ Albino ❑ Acne ^❑ Clean Shaven Q On qrm o�¢ ❑ Black lack ❑ Receding � glack [] Birthmark ❑ StUbble ❑ On Chest [] Mirwr ❑ Indian ❑ Bbntl ❑ Straight ❑ grown-Lt. � Freckles ❑ Beartl ❑ On HarW ❑ Possibin Internal ❑ Mexican a Brown ❑ WavylCu�ly Q grown-hletl � Glasses ❑ Mwstache Other ❑ ❑ APparent &oken BOn¢5 ❑ wnRe ❑ crar ❑ e�wm-�arx ❑ Moles ❑ �ni��al p tass or reetn ❑ Unkrawn Q Red/Autwm Q Short ❑ Olive � Piercetl Ear(s�❑ �eft Haritled Q Name ❑ Severe Laceraian ❑ Sandy � Metl�um ❑ Pale ❑ Pockmark ❑ Right HarMed � Number � Puncture/Stab ❑ White ❑ Long ❑ Rutldy ❑ Scar—BOdy Q Other_ ❑ Picture/Desgn ❑ Gunshot � ��"'� ❑ Scar—Facial _ ❑ Other Major injury t ❑ 2 (1 3 Age: - ParenVGUardian Name: Signature of Victim/Guardian: X yer: on. - iry Type: N�o�e Mrtar Possible internal Apparent Broken Bones Loss ot Teeth Ee�e Lacerabon Puricture/Stab Gunshot Other Ma7or In7ury — ature of Victim/Gi Norie ❑ Sober � 7umslHa�Ws � H6D Ffead ' ntoxicatetl Intemal ❑ Aicohol Legs�Feet ❑ Drugs Neck ❑ Unknown � 7o� Back ❑ Conscious �rsp Front ❑ Uriconsciou• ❑ DOA �r: 'I�one Lj Sober Arms/Hands s�-f-BQ' Head ❑ Intoxicatetl Internal ❑ Alcohol Legs/Feet ❑ Druas Neck ❑ l7nknown Torso 8ack ❑ Conscious Torso FroM ❑ Uriconscious ❑ DOA of Ydim/Guardian: �f Asian ❑ Bald ❑ K�nky ❑ Black ❑ Black ❑ Receding ❑ Ir�ian ❑ Blond ❑ Straight ❑ Mexman ❑ &own ❑ Vyary/Cutly ❑ 6VhRe ❑ Gray ❑ Unknown Q Retl/AUWmO 51qrt ❑ Santly � Medmm � Whrte ❑ Lovg � Hispan�c Heavy ❑ Medium ❑ Slender [] Aibino ❑ Acne ❑ Ciean Shaven Q On Arm [] Norie ❑ None ❑ Sober ❑ Black ❑ Birthmark � Stubble ❑ pn Chest � Muwr ❑ Arms/F{y�s ❑ HBD ' ❑ Brown-LL ❑ Freckles ❑ Beard [] p� Hand ❑ Ppssible Internal ❑ Brown-Med ❑ Head ❑ 1M�icatetl ❑ Glasses ❑ Moustache ❑ Other ❑ Apparent &oken Bones ❑ Intemal ❑ Alcohoi ❑&own-Dark ❑ Moles ❑ Initial ❑ �oss ot Teeth ❑ Legs/Feet ❑ Drugs ❑ Olrve ❑ Pierced Ear(s)Q Left Handetl ❑ Name ❑ Severe Laceratbn � Neck ❑ Unknown ❑ Pale ❑ Pockmark [f Right Haritled � Number ❑ Puncture/Stab ❑ Torso Back ��scwus ❑ Rutldy ❑$car—BOtly Q p��t,_ ❑ Picture/Desgn ❑ Gunshot ❑ Torso Front ❑ Urxonscious Q Spar—Factal ❑ Other Ma�or Injury � DOA ❑ AMC �,Jeep ❑ Audi � Kawasaki Q Saab ❑ Convertibk ❑ euick ❑ Lincoln ❑ BMW ❑ Mazda ❑ Suharu ❑ Hartl Top ❑ Caddlac ❑ Mer-Cur ❑ Datsun ❑ Mercedes � Suzuki ❑ Chevrolet ❑ Mercury ❑ Fiai � MG ❑ Ha[chback ❑Toyota ❑ Motorcyck ❑ Chrysler ❑ Oldsrtpbile ❑ Flpnda ❑ Mitsubishi QTnumph � Pickup ❑ Dod9e ❑ Ptyrtrouth ❑ Hyuritlai ❑ Nissan ❑VOikswagen ❑ Sedan ❑ Forti ❑ Pontac ❑ Isuzu ❑ Porsche ❑Volw ❑ Tmck ❑ GMC ❑ Saturn ❑ Ja9� ❑ Renault ❑Yugo ❑ Van ❑ ane� ❑ ar�er Location to 7heft: Sub-compact ❑ Bei9e ❑ Gdd ❑ PurPle Compact Q BVack ❑ Green-L4 ❑ Pink Mid-sized ❑ Blue-Lt ❑ Green-htetl Q Red Full-sized � 6W¢-N�ed � Green-Dark ❑ Stiver SWtan Wagon Q Blue-Dark Q Gray ❑ Turquo ❑ Brown ❑ lave�¢r ❑ Wh�te Other � �pe� � p,�ymon ❑ Yelbw ❑ Cream � p�ngy ❑ ome� de: Lic. Year: Tab #: Uwner Aflow Anyone to Use Vehicle. No ❑ Yes Value of Property: � of Last Payment� ECG Broadcast ❑ Yes ❑ No Theft Govera9e: ❑ Yes ❑ No Lienholder. Relationship: ❑ Spouse (Gheck only 1) ❑ Former Violation of Court Order ❑ Yes ❑ No Can Suspect be Identified? ... ❑ Yes .❑ No Witness to the crime? ......... Yes. ❑ No Is Stofen Property Tcaceable? �" ❑ Yes .❑ No Cnme Scene Processed� ..... ❑ Yes ❑ No Photos Taken? ................. �es . � No Property Tur�d In? ........-. ❑ Yes . � No Evidence Turned In? ..r. C'... ❑ Analysis—Biol Relative ❑ Friend (living together) Shared Child ❑ Friend (formedy tiving ❑ Arrest (by officer) ❑ Gtation ❑ Arrest (by cit¢en) ❑ GOA �aybe ...,. By Whom? �ctim [�'�itness ❑ Poiice VictimlSuspect Relat�onsh�p: one Type ❑ Analysis—Narcotic � Items to be Printed n ocne� _ — _ ❑ 1 ❑ 3 Q 5 ❑ 2 d < ❑ Autpmat�c ❑ Manual Shift Location: ❑ Column ❑ Floor Y N ❑ � Antenna [] Q Battery ❑ Q CB.Radro ❑ � Doors Locked ❑ Q Igrribon Lockei ❑ � Mobik PMre ❑ ❑ Radio ❑ Q Spare Tire ❑ 0 Tape Playzr ❑ 0 Trunk Locked Mileage Other � � � i 8ias/Hate Crime? O ❑ Yes �� � Bias Mctivahon: ' ❑ Age ❑ Ethn�crty�NaLOnal Orig;n ❑ H�ndicap ❑ Racial ❑ Rehgious ❑ Sexuai ❑ Other � � W = c � s � � I Pacp.3 I Vehicle �❑ Abandoned ❑ Impounded ❑ Stolen ❑ Used in Crime Status: ❑ Damaged in Crime ❑ Recovered ❑ Theft From Vehicle ❑ Other � Sea:retl Premises se of Fire/Explosior erty Insured: Am Yes ❑ No Apt, Ciry, State, Apt, City, State, Apt., City, State. ❑ Yes ❑ No Home Phone: Home Phone: Home Phone: I 1 Who Accepted Document: Address (Street, Ci}y, State, Zip): Home Phone: Work Phone: Can Identify Suspect: Reason Document Rejected: Type of Premises: Property/Service Obtained: ❑ Yes ❑ No ❑ Forged ❑ qcct. Cfosed ❑ N.S.F. Value: Identification Used: Check or ReCeipt Number: Date on DocumenY Amount of Transac[ion: Account Fblder Name (L, F, M): Address (Street, Apt., City, State, Zip): Home Phone: Work Phone: � � Prescription Ordered: Prescribing Authority: Prescription Number. Prescription Heading (Doctor's Name): ❑ Phone ❑(n Person ❑ Doctor's OHice ❑ Clinic ❑ Hospital Authorization (Doctor's SignaNre): Name & Address on Prescription (Patient): ❑ Yes ❑ No Prescription Status: Who Accepted Prescription: Suspect Receive Drug: Name of Drug: How Drug Paid For. � Ccedit Cartl ❑ ' inat ❑ Renewal ❑ Yes ❑ No � Cash � Check ❑ Welfare ID _ '�- • -�� �• � • _ ' Owner ' ftem # q�ant�ry q���� � Bry� Model +k. Serial #, and/or Description �ry� Date � Pro ert � __ � Recovered Code Y , � , ��._�_.�._ .�_ — i --- .—��-___—.-1-----�— --_ ' j � . ---'-------- i . : --------------- --------- --'---- --'----- — � , � —�----- ---�--------- ' � -- ---�---- � —..---------- �_— ' i 1 -- - � _ . -- -- — — --- � ,.�_ � � � � � � � � I I I � � Phone: Phone: Phone: q 1 1of� Number (ast Name Firs[ Middle Address Age Sex Race _ J u v ; nr B c'r�-u r�t s o ct+E�-� n��H,�r - 7 �f e. a Cz a s�- n._�i� �! �; a,a /�/�?t --1 -- S* y 1 v � ,r �� --- � C"'_-l�7---V'/td�Y'4�� CCM-�r_n!?�}-rG� ------------------ --`- _�_��`� _rv_��5�' S�r� �o !( 77 c�,*-ru:�_v-�- . b�n:i��-� -- - , �------ --- ` - �-- LL' ` �—�---�--�_--_�.n _ �c 5�� �- < <z _� Go� O'� �( • W�t c-� re�-�C�_drsi�u{c<,--f�cZr�_� ✓S `�{(cc.� ��F�l./ (," / v : r 4 S � o �-S -�r �c�, r'Yi 1 1 c � r,n,--- ,...� . . � : _ ��� � �� Q i �. -+2. ,�P_Gy_'w`�_s:i_.Y'�Z- iN' e�rt_'3�' [� T�' v K/J � p 'eX i C� e,� P U sh� �s.- � r� zl' `r'-�-'�'_°'_ �`K L- �?�' -�� '�-�=�`-'�i--�,.,� � Sc�.�,l �a ��s :x.p�s c�� � .,��•�:.. a hdr �*z� _ . c..-'----•4- -���2-L G�v�l�/LV.-cl�r7� _ �. n._—_-_------ _------ - - ---- - ---- ---- --- - -- - - - - - --- -- - --- -. _. ._ — - - --W e=--� �`�_-�'�___ �oC j _ayL-�d �._4S . _�_erZ e.yr rc; r�r'L_ _��?r?� _G�!2-- ��SS_Cu:I-E. _1!i'C#-r'>l _..`""C_ . C?.'-e%'.�_ _'�t Ei✓i _ _._ _C:�?�s-cf--u1._ 1 3 ,� - -Sc c E-t c�9 7 . C �v '1-c — -- _� V��i S�s� i�7 Y��:M__n?_�- E-_ b� aS -Ff-r �i,ip -��S -.Y'7CE8� c.�kc �c� 5-r—.�.i -- / - -__ _ � ,_ ��✓,V <�CJ-v�' V ��.� G'�_ _� _.. _QSS �tU_l'�'. �'Z .�e.+-c:., �cc{� � K 4� hr S-�S - -� - �-- --` -- - ------- -- - - - - -- �'------ S(ir�;�r'�S c-�•� �_ „-f-S r-� � r� �ex.C�e 4r �zc�.il AS �-k i! QS Lc cS- ca�--,�rS - -- — -- - --- -- _ __ _ . _ �_S_ee-ic�_._.�n.� _�_ w``S- -QSSCu.i�� 5 � �'- S 1�-s�.�r lvr� l+� c�;'u`,1 �-� I�c2�w _ �,•<<�-_ l'(.a�•�'t'G�S. Clrio Coc� � x 6 �� Y�-�c-e' � c� �-�'[.?,c v� a..�- C[�y3 a��0 -'?- - l� 4s s � �-z-�e,-�, - Sr - -�,a-�L_nf�Dlcs. _r�s�c� �nd -�c�o1c l��Yc� �o �e��rcR�s r-�c,s�? V`� -� n�3�e� _ S`�rc��n� � ct-r-e q �+-�=' '�'�-�a1 ,� � -� 2v::i ="��2 �r .ShG{-S �yr2C..� (�J`7"c�' �Ct�n S�G.��i'I--ci .f�U-t�r)t4 yir °" k�c8^r� j �, S / / /�/,�� � J � T / /- `l0"�S �� � � GnK [� V"� Y'��1 �/rl'Y �.�� / lt/-Q.S�. Y� - � � rt G �v j �'�.�� � ��,� C,�Uri,. � s�.,d �«�- �z c�,s�.��J s-�. ,h �c�,ti_ ���� c�-.r�er� r� �e n,ijk+-� ({e -l-G�a, Sa,J �N��-�Z2 <{ (SU �cc-c1 _:t S ho Q�'- (�E7Viv� SSc'�- Q� CC'vl3 c�GOQ. w� 4slt.eEr Lt.�x '( dW �i i �1� `y'�K S�"h `CY/,$ � UC' "/R� ^�i �NCL.S G� � / � L6 � � � 0 z � i � � w � ,\^ � " y � a B 9 R Pacz 5 ' Saint Paul Police Department AUTHORIZATION AND CONSENT FOR RELEASE OF MEDICAL INFORMATION a ❑ ❑ ❑ O ❑ ❑ ❑ ❑ ❑ Saint Paul Department of �i:e and Safery Services Fairview Health Services United Hosofial Regions Hospital HealthEast St. Johds Hoscital HealthEast St. Joseph's Hespital HeaiihEast Bethesda Lutheran Hospltal 8 Rehabilitation Center Hennepin Couniy Medical Center Childrens Hospitals and Clir.lcs RE: Patient Name Date of Birth Record Number Social Secunty � This will authorize to release to the Sairt Paul Poiice Department medical recor. ([] including � not including reports involving atcohol, drug zbuse or psychiatric treatment, if applicable) maintained while I am/was a patier�t ihe above named facility during the fofiowing dates: . The purpose for the disclosure is The information to be disclosed is: � COMPLETE RECORD • Consultation(s) • Occupationai Therapy • Correspondence • Operative Report • Discharge Summary • Pathology Report • EEG (Electroencephalography Reports) • Physical Therapy • EKG (Electrocardiogram Reports) • Psychologicai Testing • EMG (Eiectromyelography Reports) • X-Ray Reports • Emergency Report • Other • History and Physical Exam • Laboratory Reports • Labor and Delivery Summary � Nurses' Notes The information has been disclosed to the above person, organization or agency from records whose confidentiality is protected by Federal lav and rules (42 CFR, Section 2) and by Minnesota Statutes. Federal regulations prohibit the above person, organization or agency from making an� further dlsclosure of this information wiihout my prior written consent. I understand that I have no obligations whatsoever to disclose any informatior from my record and I may revoke this consent at any time by notifying in writing; specifyinc (Neanhcare aganxseon) a date, time, eveni or contlition upon which my consent will expire. I have had this torm explained to me and understand its contents. This autho- rization will expire in t year if not otherwise specified. O� Z, Parent, guardian or authorized person RelaUonship to patient it parenf is unable to sign Signature of Witness Date Reason patient is unabie to sign Date Physician contacted pYes ❑No Refused Access OYes ❑No wr � d � J SUPPLEMENTAL RE Date & Time of Repo2 .�J3r/o� a�i3o ST. PAUL POLICE REPORT !J SUPPLEMENTAL REPORT �- C �{Jvyi Scc-!U Y'ycGt� `t-e p���}r.'{ '{-(-2�c1 f� Gn� �1�ccC�" G�-2 S vSe�- t,�.4 i 14� iJ /� '�i `f'�2 ,7 c � Ur.� ewc J_ c� S�CO �- Q�''u� �% a�'`2 G "� i �r'"r � � "`K � IL*v7= C ( �lj u"e.S��YC/Y� W'� TL1Gi� ��t0'I'd� O�- �!5 %�.�`�/k fS �Sf'C ,$�..1'/� Y�'Gf-1-,. C��2 �l�--e.v� /.�S'veC� /��i/�"1 � ,vV�rlP � 7Csr UnC1U'�cl�'C-� Crrnsc �-•ic3 t�/rn� 1�,,�Yn �� �e k�3- ara�e� .s,s-�-e,-� (�..+4en� 1^e i_...�5 ct� `� .�JOr L-u,"`� -2uf'1i e{`_ �� �, S"�'�Ke �; Gc�'s Srsf-e�� Sikc.uC� CI�F-tin- `�J/61i7', 7S' � ��GGS �lr' o S� S'Ge-e"tI S��`C' e_._.i --/'�¢ 4SSei..� . .lj:, s- d i c( n� 4- u�d °e-� .� er�J [;c� �'�L.-�� <<.ea. (�+ y h fr� J c . S!�e Sc< < c> -f -lc� :S �-2 rc� /ecc� -�L.¢, S�-Sf'�er-FS� �j:l•�- cl�t�Yt��- (c.YOw V�Lca�- �2a�n�S�-S�� Sc"�} S�e r� C c,�.� ���eJ '-�i✓+� CCS �j;'*� �4-`�+�eiii�' G� C!!!U' �,kx�G �i'tivi'o �s /.�/ ��+� Cc.-.,'�- rt.vx�,,,�-�- (�;��t9 '�t-e� L�e. wet:rrhC� "�ey.4'fkfi S�e Sa:c� J� �'t�c.c; !i � y c, �„ r�.er �' `-'`��'►"' `"`.G S d r: x tu y,.� ct� C A°'�3 a c�'. � cl� r, � .�rt�C) „S l.e [°�'i- � wS �F'Vta�- �� rs e 2�7 �e'x' 7vi i n o: S `EC d r i�t K �..�C �'-�>�'�`lia,;�}- �J' -e.Yt �; Ca-rd rr.Q. , l Sha��J ye i'7af `f'�t� C_hf Ql�pQC•re�� riri G•�U u-'hi/�2 S �� - QGCK:hct T G�i� t�..e CO�::> Sr� 7"C C�G/' G� C� 4/CGi�aii C ! "'F/" �"c` y"e' On L! !S� �Y'"PQ `v�-7, a-�1 ❑ CHf ❑ Hom ❑ F�ob ❑ Jw ❑ ❑ D/C ❑ Burg ❑ Thett 0 Prop ❑ `l ❑ ID ❑ Lab ❑ Rec ❑ Team ❑ Sez ❑ Rptr ❑ F&F Q Auto ❑ DAO ❑ CO ❑ HumServ � z � � � t w , w � W � � . ry0.: y° s — ' i.0.: Code: N �Entry: . � �I Other- — ---- � Typa PM 622-93R J• a ! SUPPLEMENTAL REPORT te & Time o( Report: /3l/a� �t3a ST.PAUL CONTINUATIC REPORT Team: �- REPORT -�Q. 3=� a C� nOW�+/ �/G'ZSCf7�') �./1-� � r �j� � l� �TO�"B CCY+ ! /�SS��-� t�ic+iM- (N� �oc� �e - �ei(G;,vin9 Pho�eS� � J S� CNCZr�-r CN-v�vl �i / 1��gS) a� � 1 yar�- ar,- h., / nJ " ''7 3� �,2�,� d- 1r7 �' v �, y 1 �i) 6�-c� ,����..� S) �i�a.�f ��5�;.,T l4� �12a0 /rts'vr'� !) y �l-2tiJ � ir,s c;''/ o ) .�r - v �' j n, �. r -r /U2 � � i'i'I C/ �4 $ a� -�.��-�J ��z�c �-[.c ��c��t loc�.z t�� tf ��/- O Z I � � V l �cl �J `Y I � '�HF ❑ Hom ❑ Rob �wl ❑ Coord ❑ ID ❑ Lab D/C ❑ Burg ❑ Theft Prdp ❑ CAU ❑ i&F [] Auto .:!i �� ❑ Sex ❑ Rptr Other �1 l C ❑ HumServ T � ❑ YD� �-- ��� 93R � .,-�-�-,: „ Saint Paul Police Department Page 7 SUPPLEMENTAL OFFENSE I INCIDENT REPORT Complaint Nombe� Refe�ence C.K Pnmary offense � r ,�, � � - ' _ - _ - � }'� - � ' ; DateandTimeofReport 02-062313 UNDERAGE CONSUMPTION . ' 03/31/2002 02:00 PnmaryRepoAingOfficec MICHAEL FDUNASKI Locationnfincident. Pnmary o(fense detait Pnmary squad: 333 Secondaryreportingofhcer.,JOSEPH D REGINEK oistncr. EASTERN ( EASTERN DISTRICT ) Secondary offense: Name oflocation/business_ Date & 6me of occurence: Ariestmade?YES Date&Gmeofanest03/31/2002 00:49 POLICE PERSONNEL INVOLVED Anest made on v�ew: YES Pursuit engaged. Ar�est made on wamant or p�eNous CN: Weapons used by police: Weapons used by suspect at time of arrest: Resistance encountered: CHARGES Name YANG, LENG NMN charge UNDERAGE CONSUMPTION Citanonnumber g02214267 Warrant number War�ant type Name'YANG, SENG NMN Cha�ge UNDERAGE CONSUMPTI C�taGon num6er �UV Wanantnum6e� Warrant rype Name yANG, KONG PHENG charge Bq SPEE 16 C�ta6on number g02214266 War�ant r.umber Warrant type charge NO SEAT BELT 169.868(S1) Citafion number g02214266 Warrant number Warrant rype .� �z � - r� a-�, � I � Anest Stat�s CiTED Booking ii eookingdate 03l31(2Q�2 eoolvngtime p2;p� Ongina6ng agency ST. PAUL charge CN 020623� 3 Barl AnestStatus JUVENILE eookrng: eooking date 03/3l/2002 eooking time 02:53 Onginanng agency ST. PAUL Charge CN 02D62313 Bad ArrestStatus CITED Eookingn Bookmg date 03/31 /2002 Booking time p2:z7 � Bail Onginatingagency ST. PAUL charge CN 02062313 0 r � Bail Origmabngagency ST. PAUL Charge CN 02062313 �o y �.Ty—u, u�c� MUS � W // •l'i`k_ �. 5 -•,�' _°-= �-�1:�E�:� Complaint Number 02-062313 NAMES Saint Paul Police Department page z SUPPLEMENTAL OFFENSE / INCIDENT REPORT Reference C.K Pnmary offense UNDERAGE CONSIlMPTION Date and Time of RepoR 03/31/2002 02:00 CITED YANG, LENG NMN 2043 LYDIA AV E MAPLEWOOD Physical DescripSon MN 55'109 Phones Sex MALE Height Hai�Color Race ASIAN Hispanic ooe 11/03/1982 Age � g We�ght Build skin BROWN - LIGHT Hair Type Halr Lerrgth Facia� Hair 65�-777-1569 Physical Condition Employment Consciousness CONSCIOUS Occupation Drug�alcono�use INTOXICATED ALCOHOL Employer CITED YANG, SENG NMN 10613 PIERCE AV NE BLAINE MN 55434 Physical Description Phones Sex MALE Height HavColor Race ASIAN Weight Hispanic Build DoB 04/l3/1985 Skin OLIVE Age 16 PhysicalContlition . Consciousness CONSCIOUS Dlug/alcoholuse WTOXICATED ALCOHOL Har� Type Hai�Length FacialHarr Home phone Home phone 783-717-7g63 Employment occupahon STUDENT Employer g�,q�NE HIGH SCHOOL C/TED YANG, KONG PHENG 5960 OAKWOOD M q p gT FRIDLEY MN 55432 Physica( DeSCrrption Phones Sex MALE Herght HairColor Race ASIAN Hispanic Doe 03/10/1952 p9e 20 Weight Budd Skin OLIVE ffairType Har Lenq[h Faaaf Ha7r Physica/ Condition Employment Consciousness CONSCIOUS Occupa6on Diug/alcohol use ALGOHOL Emplo�er � ' Saint Paul Police Department Page 3 ' SUPPLEMENTAL OFFENSE / INCIDENT REPORT Complaint Number Reference C.N. Primary oBense 02-062313 UNDERAGE CONSUMPTION Date and Time of RepoR 03/31/2002 02:00 CR1ME SCENE DESCRIPTORS Crime Scene Type Descnption Method 8 Point ot Entry Forceused NOTFORCED Point of entr/ Method PROPERTY (NONE) VEHICLE INFORMATION VEH{CLE 1 Staius Status SUSPECT VEH{CLE Lock stafus Ooors unlocked Igni6on un7ocked Trunk unlocked Keys m vehicle Insurance 8 owner information Insu�ance co Lienhofder ftegistered owner Onvers 6cense no. Descri C�csnseno. BWG554 State MV Year 2003 V.I.N rvlake HONDA Model CIVIC Vehicle contents 8 driver Personal property m vehrde Keysm veh�c(e Owner a/lowed someone to use vehrcle Person ailowed to use veh�cle vea� 1990 Type HARD TOP co(or RED Doors 4 Transmrssion Shift Pos(hon Arrest# Name . qddress DOB Age Race Sez YANG, LENG NMN YANG, SENG NMN 2043 IYDIA AV E, MAP�EWOOD, MN 55109 11/03/1982 19 A M 1061�IERCE AV NE , BLAINE, MN 55434 04l13!'1985 15 A M YANG, KONG PHENG 5960 OAKWOOD MANOR ST , FRIDLEY, MN 5 54 3203/1 0/1g82 20 A M NARRATIVE Squad 333 (MDunaski/JReginek) sent [o the area of 1177 Clarence S[reet, Club 2000, to assisc on a Shots fired/Agg Assaul[ ca11, Call time 0049 hours on 3-31-02. Upon arrival we assisted Squad 624 (Harrison) on a traffic stop at Phalen/Rose, with a possibie suspect vehide (NBWG554, 1990 HONDA CIVIC, RED) which was seen fleeine the above address at a high ra[e of speed. We conducted a Felony stop at this tocation on che ihree suspects in the vehicle. We detained the driver (KONG PHENG YANG, DOB 3-10-02, 5960 OAKWOOD MANOR, FRIDLEY, MN, SS432-MN PICTURE D.L.), and his two passengers iLENG NMi� YANG, DOB 11- 03-82, 2043 LYDIA AVE E, MAPLEWOOD, MN, 55109, H/P 777-1569- MN PICTURE D.L.), '- (SENG NSvIN YANG, DOB 4-13-85, 10613 PIERCE STREET N.E., BLAINE, Mh, 55434, H/P'63- 717-7963- ID VERIFIED BY BROTHER HAO YANG) as possibie suspects. � x• Saint Paul Police Department Page 4 ��' SUPPLEMENTAL OFFENSE / INGIDENT REPORT Complaint Number Reference C.M Primary offense 02-062313 UNDERAGE CONSUMPTION Date and Time of Report 03/31/2002 02:00 The victim of the Assault (Unknown further) , was unable to identify a suspecc at che [ime of this Supplemental report. KONG �as issued citation N902214266 for BASIC SPEED (16914) and NO SEAT BELT USE (169.868S1) and released on scene. LENG was issued citation #902214267 for UNDERAGE CONSUMPTIQN (340A.503) and released to his brother KONG YANG (LENG AT FIRST TOLD US HE WAS 17 YRS OF AGE). LENG was intoxicated, he had the smell of an alcoholic beverage on his breath and he told us that he had been drinking all nieht at the club (Club 2000). LENG blew a.115 on [he PBT (#025183, AT18 DEGREES CELSIUS) administered by Officer Ellison (Squad 514). SENG was issued ajuvenile citation for UNDERAGE CONSUMPTION (340A.503) and released to his brother HAO YANG (SENG WAS TRANSPORTED TO HQ, WHERE AAO PICKED HIM UP). SENG was also in[oxicated, had a smell of an alcoholic beveraee on his breath and he had bloodshot watery eyes. SENG cold us that the banenders ac Club 2000 know him and thev serve him regulazly even thoueh he's only 16 yrs oid. SENG told us tha� he took his brothers (HAO YAA'G. DOB 2-03-80) ID from him eariier today (3-30-02) in case he wouid need ic. SENG blew a.117 on the PBT (NO2�183, AT18 DEGREES CLLSIUS) admiaistered by Officer Ellision (Squad �14). HAO'S D.L. is included with this report (ID found on SENC:). It should be noted that all three {SENG, LENG, and KONG- all under the afle of 21 yrs old) indica[ed that they frequented Club 2000 and were served by the banenders there. SENG indicated that they just needed to be careful not to approach the bar if the securiry guards were azound. SENG and LENG indicated that they were served (Alcoholic beverages- beer) at the Club (Club 2000) tonieht (3- 30-02 and 3-31-02) and fled the baz because of the Assaul[. � �� Please distribute to: EAST INVESTIGATIONS, SGT WRZGHT _CHF ` Hom _Rob f Juv _Oper _PSC _Sex _D/C _Burg _Thefr _Prop ` CAU _CO V Rptr _Vice _Narco _SIL` _T&A Lab _Rec _Team _F&F _Auro DAp Other L� — � - = : __ _ --- - _. _- -� - ' .�_.-.� - ,- a- ,�� �- - -" . "_ - .' - - - � 6RN S17 D C1 02-0bo5 . _ _ .. " " - . . . � a2-�$-� 980 � _ . � � wasxwr� . . Y-520.29&015-09 �...__�__...:_""��... . � . � oo>e+e.,..< � HAOYlWG � � � - . " � �:U-VIIIDSINp�UNRANOCpMBIN,aTp11$UVT03pOpp LBSGVWq.µyqECq��WI{F�RMVEX(M.S.tTl.bi) ..... " ENDDNSEYEM3: NONE , - • . . . REStXKTONS: NONE . ' Iif{IIIOflliilfliilllllifllil►filllllll)II111 _ E; E%P A-�pN EAqr NAO YANG 70613 PIERCE ST NE BLAINE,MN SiC34 � z�� . .. _ _ . ...,: _ . __ _ _ - -- ... _ - - - -. �--. ,.. . __ ___ _ . . _ t .. �. . r :i'� i _ _: r � � . �r�_� �� r �n.� • ' ..ti . . . �..� _. � � _ _ — � _._ _ ___ _ SAINT PAUL POLICE JUVENILE OFFENSE TAG cN d� - 3/3 On tl�e �� tlaY of / r � . p0 ��� . at � t trou�s at tFZ bcafwn of f"�{�f (�-6S� Name � �� o.o.e. ' aace f� sex S 7 Weig�t IbS naaress � b�i 7'� a tn.c L �✓• fi• ��� r�c x scmoi �.✓L c�aa� !/'� Fatl�er Atltlress H Pho�re W Phpr�e Mother Atltlress H PMrie W Phorre � J r �LG£ Sf'fJ� tt Pnone 7C'j^7/ 7 W Pnorz Guardian "�b p�eu V�t / 3 Qt not parenq � (�'- / pitl in tlie Ciry of Saint Paul commit Ne followirg oHense(s): �� �A�n C�� 9) 6.� � yQ�{ st7 3 As parenVguartlian and chiitl. we nave rxervetl a copy of Nis citahon and untlerstantl that we must resporW when contaaetl 6y t�e Saint Paul Police Depamment JweNie Unit. �arent) X eniie) ��.= OPocer �S"^� NumE¢r /�� Otticer's notes: ��� /J� 72/99 OFFICE OF THE CITY ATTORNEY • ManuelZ Cerv�c:, CiryAt[orney l CITY OF SAINT PAUL Rnn�ly C Ketfy. Mayor April 19, 2002 Pan Hang Dinner Club 2000 1177 Clarence Street Saint Paul, Minnesota 55106 civR Pivision 400 Ciry Ho[I 1 S Wes� Kellagg Blvd. Sairst Paul, Minngotn SSIOZ NOTICE OF VIOLATION RE: All licenses held by Dinner Club 2000, Inc., dJb/a Dinner Club 2Q00 License ID #: 19990005357 Deaz Mr. Hang: 7elephone: 651 166-8710 Facsimi(e: 651 298-56I9 The Office of License Inspections and Environmental Protection has recommended adverse action against the licenses held by Dinner Club 2000, Inc., d(b!a .Dinner Club 2000 for the premises located at 1177 Clazence Street. The basis for the recommern3ation is as follows: A review of the police reports regarding this establisha+eet between July 1, 2001 and March 31, 2002 show numeraus police calls. There have been eight caUs for loud music coming fxom the estabiishment, all of which were substantiatedl on arrivat by the responding officers. There have been at least eight calls on assaults or tights among large groups of people fighting inside the bar and outside the bar. Yn two of the recent assauit reports, ofTicers have discovered underage petsons who have acknowledged that they were drinkiug at D'anner Club 2400. Additionally there are reports o£ pwblic urination, crowds leaving the club which were out of ccntrol so that police needed to assist security in clearing the lot and shots fired in the parking loi outside the Club in mid-February, with one of the patrons ieaving beiag shot. These problems are ongoing despite a nnmber of conditions already piaced on the licease and attempts 4o work with the management to deal with neeghborhood and police coacerns about underage drimking, unruly caowds, loud music and ongoing disturbances a�t this es2ablfshment AA•ADA-EEO Employer � � � 9 2000, Inc. d/b/a Dinner C ub 2000, Inc. _ City's Exh. No. 23 � �Page 2 � Pao Hang Aprii 19, 2002 • Saint Paul Legislative Code §310.06(b)(8) pamuts adverse action against a license where "the licensed business, or the way in which such business is operated, maintains or permits conditions that �mrQaconably annoy, injure or endanger the safety, health, orals, comfort or repose of any considerable number of inembers of the public." ff you do not dispute the above facts piease send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opporiunity i.o appear and speak on your own behalf, or to have someone appeaz there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary heazing before an Adminisirative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"I3otice of Hearing;' so you will know when and where to appeaz, and what the basis� for the hearing will be. In either case, please let me know in wriUng no later than Monday, Apri129, 2002, how you would tike to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter wilt then be scheduled for the hearing before the 5t Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-871D. Sincerely, � � � G C�� Virginia D. Palmer Assistant City Attorney cc: Robert Fowler, Kelly & Fawcett, P.A., 2350 US Bancorp Piper Jaf�ray Plaza, 444 Cedaz St., St. Paul, M1V 55101 Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Shenvood Ave., St. Paut, MN 55119-3230 AA-ADA-EEO Empluyer �-- • � � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CI.EMENTS, being first duly sworn, deposes and says that on Apri119, 2002, she served the attached NOTICE OF VIOLATION on the foliowing named persons by placing a true and conect copy thereof in an envelope addressed as follows: Pao Hang Dinner Club 2000 1177 Ciarence Street 5t. Paul, MN. 55106 Robert Fowler Ke11y & Fawcett, P.A. 2350 US Bancorp Piper Jaffray Plaza 444 Cedar Street St. Paul, NIIV. 55101 (which is the last known addresses of said persons) United States mails at St. Paul, Minnesota. the same, with postage prepaid, in the G. Subscribed and sworn to before me this 19th day of April, 2002. Notary Public s�e��� P. p��c�aRn PJOTFnY Pl;6UC - MiNN'cSOTA n�r �oan�aiss€o�t Ea;�':?ES d1�1iS.35, 2�S?'s Apr-23-02 10:40am w ..� ` � From—KELLY AND FAWCETT 6512238019 T-370 P 02/02 F-553 �ell� & Fawcett P.A� A T T O R�i E Y S A T L A � 2350 US BnNCORP PiPtR JnFPR�Y PLaZ.a 4aa CEDwR STREET 5..41IVT PAUZ. Mh �5101 Pn3x1Cx7 t�ELLY SOS�C t0 MWC£ST Cn.aOD LE�aM0.^�� ROBLRTI iOwLEF YaKaHJ $ONSALL� Dw�QD1 PnL". April 23, 2002 Ms. Virginia D. Palmer Assistant Ciry Attomey 4�ce Of The City Attomey Civii Division 4UU Ciry Hall 1 � West Kellogg Boulevard St. Paul, MN 55102 Or co,�.un MCGUiG.4D1 & HOLLt P � C. (cii) 22a3151 ea.4+GUle (05!)'.'.��-��35 SENT V1A FACSIMILE AND U.S. MAIL RE: All licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000 License ID #: 1999000535? Dear Ms. Palmer: 1 am in receipt of your letter dated April 19, 2Q02 regarding the alleged violations by Dinner Club 2000, Inc., d/b1a Dinner Club 2000. My client dispu[es all of the alleged facts stated in your letter. I would ask that you schedule an evidentiary heazing before an Administrative Law Judge (AL.� so that we have an oppor[uniry to respond to these allegations. if you have any questions, please do not hesitate to call me at (651) 224-3781. Resper[fuily yours, KELLY & FAWCETT, P.A. `C.�//�^' " / d''u (!/�-_ Robert J. Fowler RJF:dip cc: Pao Han� ■ . � 2000, Inc. d/b/a Dinner ub 2000, Inc. i City's Exh. No. Zy' °' APR-23-2002 11�15 65?2238019 99i P.a2 Apr-23-02 10:40am from-KELLY AND FAWCETT 6511238019 i-370 p O1/02 F-553 - • � r �ell�r & Fawce�t �. A T T O R N E Y S A T L.• W PaTICK 7 KFSLY iONG i3O F.9WCETf CHAOD LEP.LdON$ FQ3PRT S. FOWLFi: SARAHJ SOVSALL4 Dn��mL P.4I14 F4X COVER SHEET COI3FIDENTIAL T0: ATTN: FROM: DaTE: Commenis: otco�su MCGUIGN: � H01L:; P1 C.. tes:) zz+��xi Fscenn+le (a51)?�-6079 t 3�i[llIl�CC]j)'HidFBWCC'IL. CnS21 The mformarton conramed tn zhu jacsunile mrssage u anornry p��vilcg�rl and cunf=denrial imended only for rhe use of �a mJiv:d�sal or entiry named below Ifthe reader of rhit messQge is not the intend¢d recipienr, you �re hereby nonfied thar any dsssemmanon, disviburion or copying of this communzcasion Rs s[ritrly prohibited. Ifyou 6ave receitied thu comm�nication in error, please Zmmed�arely noafy us by relephone. �rq�n�o �. �w�,,..�� � yfa j oa. 2350 US BP.NCORP / P1PER ZvFFRaY PLAZn aaa CfiDqR SIREET SniNT PaUL, MN SSIOF t'= �. � �-- I�rO. of PAGES a (mcludcs ttus pagc) Ifjrou have any gKesrions coneerning rhu fru, plerue ca11 651-224-3 7 8 1 RPR-23-2002 11�14 65i2238019 99% P.01 � CITY OF SAINT PAUL Randy C. Kelly, Mayor Apri126, 2002 RE: All iicenses held by Dinner Club 2000, Tnc., d/b/a Dinner Club 2000 License ID #: 19990005357 NOTICE OF HEARING Robert J. Fowler Kelly & Fawcett, P.A. 2350 US Bancorp Piper Jaffray Plaza 444 Cedaz Street Saint Paul, Minnesota 55101 Deaz Mr. Fowler: Date: Tuesday, June 4, 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: Ken Nickolai Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7640 AA-ADA-EEO Employer OFFIC� THE CITY ATTORNEY Manuel nmes, Ciry Attorney Civil Divisian a00 Ciry Hatt IS West Kellogg Blvd. Saint Paul, Minnuota 55102 Telephone: 65126687/0 Facsimile: 65! 298-5619 Please take notice that a hearing will be held at the following time, date and place concerning all licenses far the premises identified above: � �� . = 2000, Inc. d/b!a Dinner Club 2000, Inc. �; City's Exh. No. yS The Council of the City ofSaint Paul has the authority to provide fo�earings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul L,egislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 34�A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the jud�e which may lead to adverse action a�ainst all the licenses held at the above premises as follows: A review of the police reports regarding this establishment between July 1, 2001 and March 31, 2002 show numerous police calls. There have been eight calls for loud music coming from the establishment, all of which were substantiated on arrival by the responding officers. There have been at least eight calls on assaults or fights among large groups of people fighting inside the bar and outside the bar. In two of the recent assault reports, officers have discovered underage persons who have acknowledged that they were drinking at Dinner Club 2000. Additionally there are reports of public urination, crowds leaving the club which were out of control so that police needed to assist security in clearing the lot and shots fired in the parking lot outside the Club in mid-February, with one of the patrons leaving being shot. These problems are ongoing despite a number of conditions already placed on the license and attempts to work with the management to deal with neighborhood and police concerns about underage drinking, unruly crowds, loud music and ongoing disturbances at this establishment. 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 identifythemselves for the record. The City will then present its witnesses and evidence, each of whom you may cross-examine. You may then offer in rebuttal any witnesses or evidence you may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition 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 Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 You should bring to the �uing all documents, records and witn�es you wiil or may need to support your position. Subpoenas may be availabie to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Adininistrative I,aw Judge for incorporation into his or her recommendation for Council action. If the licensee or a representarive fail to appear at the hearing, the licensee's ability to challenge the allegations will be forfeited and the allegations against the licensee which have been stated earlier in this notice maybe taken as true. Ifnon-pubiic 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. V ery truly yours, 4� � ��� Virginia . Assistant City Attorney cc: Pao Hang, Dinner Club 2000, 1177 Clazence St., St. Paul, MN 55106 Diane Nordstrom, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 Notice of Hearing - Page 3 ,.._- � � STATE OF NIIlVNESOTA ) ) ss. COLINTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY iVIAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on Apri126, 2002, she served the attached NOTICE OF HEARING placing a true and conect copy thereof in an envelope addressed as follows: Robert J. Fowler Kelly & Fawcett, P.A. 2350 US Bancoip Piper Jaffray Plaza 444 Cedar Street St. Paul, MN. 55101 Pao Hang Dinner Club 2000 1177 Clazence Street St. Paul, MN. 55106 (which is the last known addresses of said persons) deposifing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �1 _ �-� Subscribed and sworn to before me this 26th day of April, 2002. '`iu- �� � •� . t'ETcFt P rAtS�80��" �;$� . N6TA�t�vU$lC-Ail?vNESO?A Notary Public �'.� H „� va � ; � q; s�irr; �.�5;,' �y�:d�s.A� ��,z� �, .<. � OPFIC F THE CITY ATTORNEY • Manuel�rvnntes, CiryAttorney CITY OF SAINT PAUL Randy C. Ke(ly, Mayor May 13, 2002 Robert 7. Fowler CivilDivrsion 400 City Hal[ 1 S Wut Kel[ogg Blvd. Saint Paul, Minnuota 55702 NOTICE OF RE-SCHEDULED HEARING Kelly & Fawcett, P.A. 2350 US Bancorp Piper Jaffray Plaza 444 Cedar Street Saint Paul, Minnesota 55101 RE: All licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000 License ID #: 19990005357 Dear Mr. Fowler: Telephone: 65! 266-8710 Fauimile: 651198-56f 9 As requested, we have now rescheduled the administrative hearing previously set for June 4, 2002. The hearing has been re-scheduled to Tuesday, July 9, 2002. The hearing will begin at 9:30 a.m. and will be held in room 41 of the Saint Paul City HalURamsey County Courthouse. Administrative Law Judge Ken Nickolai will be presiding over the hearing. If you have any questions, you can call me at 266-8710. Very truly yours, �/��.� ���, Virginia D. Palmer Assistant City Attorney cc: Pao Hang, Dinner Club 2000, 1177 Clarence St., St. Paul, MN 55106 Diane Nordstrom, Office ofAdministrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Shenvood Ave., St. Paul, MN 55119-3230 AA-ADA-EEO Employer . � � 2000, Inc. d/b/a Dinner ub 2000, Inc. City's Exh. No. �(� � � � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AF'FIDAVIT OF SERVICE BY MAIL JOANNE G. CL.EMENTS, being first duly swom, deposes and says that on May 13, 2002, she served the attached NOTICE OF RESCHEDULED HEARING placing a true and correct copy thereof in an envelope addressed as follows: Robert J. Fowler Kelly & Fawcett 2350 US Bancorp Piper Jaffray Plaza 444 Cedar Street St. Paul, MN. 55101 (which is the last lrnown address of said person) United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 13th day of May, 2002. Notary Public ��Tv� � bs_�:�sa!�n Ft�77�tr2u i'U6iJC- 4�:.a'NESOTA �'Y :.'J .i�6�..3F�M Ei'?. ;v 'J,� y �c �hr, ,e .::'l'E3' LL'5...: SPPD RMS QUERY Address Search Address Search: 1177 CLARENCE ST (Sector: 3 Grid: 57 ) for all availabie dates Retrieved 4�3 records Complaint # Occur Date & Time 02066259 OMOS/2002 22:58 02062313 � 03l31l2002 00:49 02057352 03/2M2002 01:06 02056579 / 03/22/2002 22:06 �j 02055596 � � 03/19/2002 21:00 � 02047032 03/OS/2002 23:40 � 02043671 ,� 03f0.3/20 0 2 2 3:13 02043137 03/03/2002 00:48 �.02038982 ✓02/24Y200223:45 02038466 02/24/2002 00:38 02038465 02/24/2002 00:38 3 02038406 � 02/23/2002 23:04 ' 02037671 v 02/2Z2002 23:1 T 02037640 02/22/2002 2229 , 02036976 v 02/22/2002 01:02 ` 02033335 v , 02/16/2002 22:57 = `02032651 ,i 02/16/2Q02 00:46 �� 02028320 02/10/2002 00:32 02028275 02/09l2002 2325 - a 02028251 -" v 02/09/2002 22:48 �. 02027667 02/09/2002 0021 � 02017882 ti01/27/200201;01 02012777 � .� �� ^ ✓01 %20/2002 0�1 [04 `.:, „02000045 '� 01/01/200200:48 " '-01276544 ;i 12/'30/2001 72:43 * 01276076 � �12/30/2001 01:07 �� 01276057 12/30l2001 00:41 01275479 72129l2001 01:09 01272171 7 2/23/2001 00:54 01272162 12/23/2001 0033 01272142 12/232001 00:03 - 07269077 '� t?J78/2001 19:36 : 01267778 12/i6/2007 23:12 072s4896 R ivt2Y100115:10., � �01261455 '1 12/07/2001 09:00 � ^ �3:557Q `{ 7 7l28/2001 20:41 . ' 01253908 ? 11 /26/2001 01:45 "07253150 ✓ 11/24/200123:36' 01251851 � 11 /22/2001 23:14 � 01251836 11 /22/2001 22:41 01251833 71l22/200122:37 01251346 . v 11/21/20012739 01247377 � 11 N 6/2001 14:52 01242361 17 / 7 0/2001 01:37 01242290 11 /7 0/2001 00:03 01236957 11 /03l2001 01:03 01235286 ✓ 11/01/200100:39 Incident Type Disposition Apt# INVESTIGATE ADV OTHER ASSAULT RCV; TRAFFICACCDNT ADV INVESTIGATE ADV THEFT RCV INVESTIGATE ADV INVESTIGATE RCV POLICEVISIT ADV INVESTIGATE RCV POLICEVISIT ADV POLICEVISIT DUP INVESTIGATE RCV INVESTIGATE RCV POLICEVISIT ADV LIQUOR LAW RCV INVESTIGATE RCV AGG ASSAULT RCV POLICEVISIT ADV DISTURB CALLS ADV OCC WARR SERVED RCV POLICEVISIT ADV INVESTIGATE RCV INVESTIGATE RCV INVESTIGATE RCV INVESTIGATE RCV AGG ASSAULT RCV POLICEVISIT ADV FIGHTS GOA FAMILY-CHILDREN ADV FIGHTS ADV DISTURB CALLS ADV BURGLARY RCV POLICEVISIT ADV THEFT RCV THEFT RCV INVESTIGATE RCV BURGLARY RCV AGG ASSAULT RCV THEFT RCV POLICEVISIT ADV �ISTURB CALLS UNF OTHERASSAULT RCV LOST MISS PROP RCV ASSISTFIREAMB UNF DOBS GOA DOBS GOA AGGASSAUIT RCV �ZHIBIT „�� , Caller PAUL 322/RENTERIA BETTY MORTON BETTY LOU MARTIN SECURITY!/ANIAS BETTY MORTAN PAO HANG BETTY MORTON BETTY MORTON . $PRINT PCS WIRELESS SPRINT PCS WIRELESS BOUNCER - PERSISTANT NGH LADY ANON-MALE MOUA,PANG GI ANON PASSERBY GE DE VANG/OWNER 399/MERCADO SQD#399/MERCADO THAO YANG SECURITY YANG VANG REFUSED PAO YANG 299 FLYNN SPRINT PCS WIRELESS PAO HENG, OWNER B/M VOICE MALE Information requested by: (559550) 1 Printed at:04/12/2002 10:13:14 , ,�,,. SPPD RMS QUERY � . Address Search Address Search: 1177 CLARENCE ST (Sector: 3 Grid: 57 ) for ail available dates Retrieved 413 records 01232936 t0Y18/2007 7238 DISTURB CALLS ADV BETTY MORTON " 012316Q5 _,.'�, 10/2712U01 0025 VEH MNT-WASH RCV 01231571 '� V t0Y26Y2007 23:44 � VANDALISM RCV MIKE/BOUNCER 01227450 v 10/21/2007 23:04 INVESTIGATE RCV BETTY MORTON 01726277 t/ t0Y20/200108:49 ARSON RCV 01225237 10/18/2001 23:45 DISTURB CALLS ADV BETTY MORTON 01222063 10/7M2001 23:04 DISTURB CALLS ADV BETTY MORTON 01219655 70l11/20012326 DISTURBCALLS ADV BETTY 01215611 10/06/2001 23:15 DISTURB CALLS ADV BETTY MORTON NGH 012'13963 70/OM200122:31 DISTURBCALLS ADV 10 BETTYMORTON 01210448 09/30l200127:57 INVESTIGATE ADV 01209782 09/29/2001 22:57 DISTURB CALLS ADV BETTY MORTIN 01208992 09/28/2001 22:57 DISTURB CA�LS ADV ANON 01208149 09l27/2007 23:09 DISTURB CALLS ADV AREA RESIDENT '01204409 t� 09/27J2007 23:08 INVESTIGATE RCV REFUSED 01202939 09/20/2001 23:07 DISTURB CALLS ADV AREA RESIDENT 01202634 � 09/20/200715:03�� DUMPWG RCV PAOHANG 0119311'2� � 09/07/2001 19:54 OOC ASSIST RCV SQ 768 01192769 ` 09/07/2001 11:46 LOST MISS PROP ADV ACOP CHASE 01191527 09/OSl200121:14 DOMESTICS ADV BARTENDER 07182643 � 08/25/2001 23:49 � AGG ASSAULT RCV MIKE CHRISTIANSON 01181049 j/ 08/24/200101:03` DOC RCV ANONY 01176678 08/18/2001 23:09 DISTURB CALLS ADV EDDIE MORTON 01160166 07/31l20012323 ROBBERY GOA CHAXIONG ... _01155259 yi 07/26/2001 11:06'> OTHER ASSAULT RCV JENSEN EA DESK 07139521 07/OSl200101:01 INVESTIGATE ADV 01139487 07/08l20010027 INVESTIGATE DUP 01138594 07/06/2007 23:02 INVESTIGATE ADV 01137759 07/05/200123:30 POLICEVISIT ADV -- 01137454 2 07/OS/2001 77:72 TRAFPIC ACCDNT RCV BRIAN YOUNG 01�133890' �� �07/01/200123:47, INVESTIGATE RCV MORTON 01 01127251 06/2M2001 00:42 INVESTIGATE ADV SCOTT ELLSWORTH 01127178 06l23/2001 2229 INVESTIGATE RCV FRED HUERTA 01126441 06/23/2001 07:07 INVESTIGATE RCV CHENG MOA 01126222 06/27J200122:03 INVESTIGATE RCV TERRY 01120362 06/16/2001 01:00 NARCOTICS DRUGS RCV 07120251 O6/15/200172:58 POLICEVISIT ADV 01112721 O6/07/200100:11 VANDALISM RCV LOU 01106917 OS/3il2001 02:00 THEFT RCV PAO HANG Ot 106776 OS/30/2001 23:42 VIOL NOISE ORD RCV BETTY MORTON 01103748 OS/27/200101:09 VANDALISM RCV SECURITY .01103672 OS/26/200123:29 INVESTIGATE RCV ANNONYMOUS 01103048 OS/26l200t 0039 FIGHTS RCV SECURI7Y 01098644 OS/79/20012329 DISTURBCALLS ADV BET7YMORTON 01098001 OS/19/2001 03:59 ARSON RCV FIRE BOARD 01097807 O5/78/200123:34 POLICEVISIT ADV 01093208 OS/13/2001 00:59 INVESTIGATE ADV CTGING MOUA 07087721 OS/06/200100:10 INVESTIGATE RCV SECURITY 01080505 04/26l200123:39 WEAPONS UNF ANTHONYMOSIQUE information requested by: (559550) 2 Printed at:04/12/2002 10:13:15 r�� ���Z �-_ -�e°C�LFCE ! SPPD RMS QUERY Address Search Address Search: 1177 CLARENCE ST (Sector: 3 Grid: 57 ) for all availabie dates Retrieved 4�3 records 01080238 01074911 01072807 01071377 o�oena� 01067657 01067619 01066368 01061882 01061203 01056572 01056535 01056497 01052239 01057613 01051551 01050690 o� oanso 01046571 01041567 01037676 01037020 01037013 01036794 01033060 01032347 01032278 01b31509 "01029704 01028676 01027505 01022898 01027921 01018290 01018797 010134i8 01008627 01008588 Ot008565 01003712 01000784 01000585 01000572 01000074 00264911 00264784 00264396 00264370 00259666 00259642 04/26/2001 17:20 OM19/2001 0920 OM16l2007 10:16 04J13/200'I 2338 04/09/2001 09:44 04/09/2007 00:47 OMOSl2007 2339 04/06/2001 2326 04/01 /2001 0025 03/3072001 2226 03/2M2001 01:57 03/2M2001 00:56 03/23/2001 23:48 03/17/2001 22:12 03/17/2001 0037 03/16/2001 23:19 03/15/2001 2128 03/11l2001 23:45 03/t 0/2001 00:16 03/02/Z001 2324 OZ25/2001 13:03 02J2M2001 10:08 0?12M2001 0922 OZ23/2001 23:06 02/18/2007 00:17 0?l16/2001 2322 02/16l2001 21:41 OZ/15/2001 21:37 02/t3/2001 7334 OZt Z2001 01:00 02/10/2001 00:03 02/03/2001 00:06 OZ/Oi/2001 77:00 01l27/2001 01:07 Ot/26/2001 2239 O7/20/2007 00:54 01/12/2001 23:42 01 /12/2001 23:09 01/12/2001 22:51 Ot/O6/2001 00:53 01 /02/2001 09:59 07/02/2001 00:40 O7/01/2001 22:50 01 /07 /2001 0128 12/31 /2000 23:49 12/31 /2000 20:05 12/31/2000 00:16 12/30/2000 23:48 t Z/23/2000 0022 1 Z22J2000 23:42 THEFT ADV VANDALISM ADV ALARMS RCV INVESTIGATE RCV THEFT RCV THEFT GOA NARCOTICS �RUGS RCV POLICEVISIT ADV INVESTIGATE ADV POLICEVISIT ADV OTHER ASSAULT RCV FIGHTS ADV POLICEVISIT ADV FIGHTS GOA INVESTIGATE RCV POLICEVISIT ADV LIQUOR LAW RCV INVESTIGATE RCV INVESTIGATE ADV NARCOTICS DRUGS RCV ALARMS RCV INVESTIGATE RCV ALARMS CAN INVESTIGATE RCV DOC RCV LEWD BEHAVIOR RCV INVESTIGATE ADV INVESTIGATE RCV THEFT RCV OTHERASSAULT RCV NARCOTICS DRUGS RCV INVESTIGATE ADV ALARMS RCV AGG ASSAULT RCV INVESTIGATE ADV INVESTIGATE RCV DRUNK DTX INVESTIGATE ADV NARCOTICS DRUGS RCV OTHER VIOLATION RCV INVESTIGATE RCV INVESTIGATE ADV LIQUOR LAW RCV INVESTIGATE RCV INVESTIGATE RCV ASSIST CALLS ADV LIQUOR LAW RCV INVESTIGATE RCV LIQUOR LAW RCV LIQUOR LAW RCV ACOP IDC BETTY MORTON WAXA VANG WASA VANG SGTHUERTA JESSICA OLDENBURG TOMlSECURITY CHIA VANG SQ791 LISA SECURITY IDC �DC HUERTA PHENG VANG EA DESK SECURITY STEVE(BOUNCER) IDC BARTENDER CHRIS/SECURITY SECURI7Y STEVE/SECURITY SQD 790 MATT/SECURITY CHRIS/SECURITY CHRIS CHRIS/SECURITY SECURITY Information requested by: (559550) 3 Printed at:04/12/2002 10:13:16 � . � hrtl' :x �# �r. • , �t° �` a p .. � , ! .� f � �" { R T ' � � �,.���� z. �a t � . f.. ��� � i"�j �• ,� . ♦_ � ! - y ' � i � y � i �F µ ""�` � � f „�� � 5., � " F�4 �'� .'� .. � � .. .," � � �� � .. 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F+ �� � � ���&� =�^� � • x �'. 8 � M � � ���� � �, �x�� �' ., �w 4 * 1 � e a E � '�s,{ r.�: . w t. � � � � � �,Y`l � t � ������ �� • � � �� . ��� c �i'`. 1�� a�, + � , ,-E7Ck1is1�' , � , � � :. 3 2- , CLUB REQUESTS FOR ASSISTANCE DATE 'TIlVIE CALLEIi REPORT 2/23102 2304 SECIJRITY ASSISTANCE VJITF-I TRESPASSERS 2/22/02 0102 SECURITY ASSISTANCE WITH PATRON WHO LEFT WITH- POOL CUE; NO FIGHT ENSUED; TRAFPIC STOP WITH UNDERAGE CONSUMPTION; "PROBLEM PROPERTY" 1/27/02 0110 ITNKNOWN FIGHTS IN PARKING LOT; NO INNRIES 1f20(02 0107 BARTENDER FICTHTS IN PARKING LOT; INNRIES BtTT NO ACTION WANTED lfl/02 0048 SECURITY ASSISTANCE WITH CLEARII3G PARKING LOT; LOT ALMOST EMPTY WHEN POLICE ARRIVED; NO ACTION TAKEN 12/18/Ol 1951 VANG, GE BURGLARY OF CLUB-TABLE TOP VIDEO CO-OWNER GAME 11/26/Ol 1028 HONG, PAO TI-�FT ($7900) FROM SAFE VANG CO-OWNER 11/21/Ol 2205 UNKNOWN ASSAtILT; VICTIM: PAO HONG-CO-OWNER; NO ARREST MADE 10(27lO1 0118 LJNKNOWN ACrGRAYAT'ED CRIMIIVAL DAMAGE TO PROPBRTY; SUSPECT KICKED OUT FOR FIGHTING 10l20101 1200 VANG, GE FIRE DAMAGE TO SOIJTH ENTRY DURING HANG, PAO CLOSED fIOURS CO-OWNERS 8/25/Ol 2349 UNKNOWN AGGRAVATED ASSAULT (DWn V. BOUNCER; SUSPECT KICKED OUT REPORTS - INSIDE CLUB DATE TIl4IE REPORT 11f24/Ol 2336 AGGRAVA'I`ED ASSAULT IN CLUB 11/Ol/Ol 0220 AGGRAVATED ASSAULT IN AND OUTSIDE CLUB 10(21/Ol 2304 NOISE COMPLAINTS FROM MULTIPLE NEIGHBORS REPORTS - PARKING LOT DATE TIlVIE REPORT 3i31102 0049 JWENII,E ASSAULTED IN PARKING LOT; UNDERAGE CONSUMPTION 2/16/02 0233 AGGRAVATED ASSAULT WHII.E LEAVING CLUB; SHOOTINC NOT ON CLUB PROPERTY 2/9/02 2255 URINATION IN PUBLIC ON OUTDOOR CLUB STAIKWAY; ARREST FOR FELONY WARRANT 12/30/Ol 0152 AGGRAVATED CRINIINAL DAMAGE TO PROPERTY; MIlVOR IN7i7RY; OITTSIDB CLt7B 7126J01 1105 MISDEMEANOR ASSAULT-FIGHT WHILE LEAVING CLUB INCIDENTAL REPORTS DATE TIME REPORTER REPORT 12/12/Ol 1570 NEWELL, Tf�FT OF PURSE LATOYA 11122l01 2314 VANG, CHOU THEFT OF WHEEL & RTM FROM CAR 11/15/Oi 2300 HWANG, YUNTA LOST CELL PHONE 10/27/01 2344 SQUAD 512 SQLTAD CAR SERVICE CALIrSTUCK IN SAND NEAR PARKINC: LOT 9/7/Ol 1954 SQUAD 370 POSSESSION OF CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE 8/24101 0103 L3I3KNOWN ASSISTANCE WITH FIGHTS AT WELLS FARGO BETTY MORTON REPORTS DATE TIME REPORT 3/3/02 2313 LOTJD MIJSIC 2/24/02 2345 LOUD MtJSIC 2122/02 2311 LOUD MTJSIC 2/16/02 2251 LOUD MCTSIC 12/30/Ol 2240 LOUD MUSIC 9/22101 2308 LOUD MfJSIC 7/1(Ol 2350 LOUD MUSIC VIOLATiON ALREAIIY ADDRESSED DATE TIME REPORT i ll28/Ol 2000 KRIS SCHWEINLER REPORTED SERVICE AFTER LICENSE SUSPENSION EXHIB4T � �� Breakdown of Police Reports from 7/1/01-3/31/02 Club Re� � �� Re Y: " r,;�: Fa9e �of � 07 0 5` a� i�ii8 ST. 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S7`' fra✓of,�vr� /�S � /�10�7 �j rlm� Lo � 0 9� o a-�� � o o s �//(.P�lT/OO� �vJ_ N /�!�q �aYZ �YI 5531� 9 , ; - - _ . _ � � �-� �/ � - ^G�1�c-�,�o-� -- --- - - --- � � � .�j�� � � l�``i -���?�n�.-e _ l ,��G�� �-�-- � ? .��n�� � , ����� � ��� _— � _ �_ ������ .� - w �� ��� . �.� J � G �'�"�� ���� - �a �v-� �� — °� i i� ��� -�� _,, S ��..� __�� hy o� �g�� ��� y �u��: ---_- � �����.��.�� - . .�.� .—��=�-�--- --- � % _�—� ��'.���-�- o� ��.� L ���� � J ❑ CHF � Hqn ❑ Rob ❑ Jw ❑ Coond ❑ ID ❑ Lab ❑ Rec ❑ Team ❑ Sex ❑ Rptr ❑ OtF+er ❑ DfC ❑ Bury ❑ Theft 0 ProQ � CAU ❑ f6F � Auto ❑ DAO ❑ CO ❑ HumServ ❑ Type PM 822-93R CONTINUE NARRATIVE HERE � � � • - __y/ i.�� �� � _ .,� _ : —_ � , -- / �_ _.�f� _ �2� o��J G�iI.GR��— > > '??��� _. _ �Z" ���� ,, �� ./ ��� s.` l._ .�i� a" �-= � - _-- - — --�`-�— � _- -- -- - - �} � . -�- -- ; ��G�uo� .��� �_�;N�'� __ _ _ _°_faa ���t�J _ -- - � -- / --__ _7�1/�i.�.%�-�?�� - - -.�.Le�_�_�_ _�_ - q� � — - �7_�.o�I-L� ��i_.______ ___--- - �-�l-c�,�e>_arL �-��2��---- l .,2ti��-�i_.�e� _���__�`�'_ ___ �O/, _ _ _���- _--- - _--- --- --- �2%v�-Pif�el -2�i G�6-�r-'�zJ -2ti�lr� Gx.�l�_s _ �J - . �-- / L��'/G°� — �i�l�-�'cJ_ _- �`'zQ� -- -- ��?�l�r��tJ �c.� p�� __ �� __ `/ . ��-� � - ___ �%�� �C_ ' "� , �-�'-`l� _�/i!/-�1__ __.�D /. _ _--- --- - - - — ------ � _. _ �� .�-� G�-�,��, _ _ - - 0 - ,3 � 7_ _ _ - - � _ � �����_- - --- _- --- -- - - °��'��-.- --- �1�-. �%��__-�?�_��e� • ���� - __ _ - -- --- �� _ �f'������_ _r� .��_.� %�� _ _/� ����� , - -- --- - - �����_�t-� �-a->__�����v.__-2��,��.v-.- •---- _- - - - -- _ � �--- ��%�o _ . _ _ _ _ .��� _ - __- --- � _�=�. --- � , � - � � -- - _ _ �u�, __ ,�° - �. ��� - -- -- -- - �a�-- '�07 -- --- - --- � 5`d � - O�ao���. "` `�`Z -- - - -- ---- . __ _ �i/.�i ��.�. �� _ _ ���_ _ _- - - - ----- - G � " ' i - - _ - __ _ _ - %��� .�%�%'�?�-r/, _ /�-� c �� — /(/_�_ - - � - - --- -'���� ��G"C1�N?O�" � _ ...- - � � - ---- - -- --- - --._ .---- - - --- - _ ���t r� �O � 5 ii - _-- _—__ '=� .�?"`�G��Z�� o �ih/ �,o-!�„�C� �� .�/,�� _��-�� �� _ �� lv.,� �z�,� -�z'_�'�_�-�'_� � -_6���2���c ?-_� ��-�'���-'���f- � ������ .r __ � -- - ��'-�'''�� _ u -- -- -- � �L� --- _ _ _ �'! _��� - - — •--_-___ a o•a � a � ❑ SUPPLEMENTAL REPORT ST. PAUL POLICE_ D�PARI ITINUATION OF: ��ORIC ,�� �- Cl�--�.L�lui �-- - — - ---- - -- -- - ��/� ---� `=2�- --.- --- --- - °�� � �C - - �%�.e�_�? �!_ -- __— ----! — —��� GB-�� . !/ -- -- �� ,o - - -�9� _ � �72u�h t�3� �-- ,2:� - -- - ��- -- ---� - - �? _�IG� � - -�� �,�1 �sfs� ��-er�� .- � ---- � . - _ - ���i _�'il/aa �3� �_97 � __ - -- -- - ----- ---- -- ��� ---- ---- �°� � --- - --..- --_.. _ _ ___ _ _ _ -_- __ _ _ __ __ ___ - --- _ _._ -- � �t L t ��evr S_i � - - - - - -- -- _ . - ---- - ----- - Ja �_ �' i � � _r�-� V � l�� - - - _ _- -- / -- - - ------- � _ q - - -� __- -- � --_ � -- -- � - --- � - ------ � ❑ CHF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Leb ❑ Rec ❑ Team ❑ Sex ❑ RVtr ❑ Other — _.. ❑� ❑&+�9 ❑ T�tt Q Prop Q CAU ❑ F3F � Auto ❑ DAO ❑ CO ❑ HumSen ❑ Type PM 622•93R .�� x._�..z Saint Paui Police Departmen��P �,��� �sp�� SUPPLEMENTAL OFFENSE / INCI��r��I($��tionsA�� Comp/aint Number Reference C.N. Pnmary oflense M121I1QS�t� ��� ���� � 02-138688 Info. to Licensing/ Urinating 07104i2002 01:18 P" nmary Reportng otficer, pqTRICK J MURPHY Pnmary offense tletar7. Primary sqaad: 398 Secondary reporGng oficer. ���f' EASTERN ( EASTERN DtSTR1CT ) Secondary oSense: LacaSOn ofincident Name ot tocatiombusiness: Date & 6me of occurence: Arrest made? Date & time of ar2st POLiCE PERSONNEL INVOLVED A�st made on view: Weapons used by po6ce: Weapons used by suspect at time of airest PursuR engaged: Resistance encounterad: CHARGES (NONE) NAMES (NONE) CRIME SCENE DESCRIPTORS Crime Scene Arresf made on warrartt or previoas CN: Type Descriptlon Method 6 Po1nf ofEntry Foroe used NOT FORCED Point ot entry Method PROPERTY (NONE) VEHICLE INFORMATION (NONE) NARRATNE On 7-3-�2 l, O�cer P.Murphy, was sent to assist Sqd. 302( Sgt. McNamara) at Club 2000 located at 1177 Clarence. I was assigned to stand by the side door of Club 20�0 and count each person as ihey exfted the buiiding. I was using a mechanical counterthat required me to to press each time a petson would exit the building. Each time I pressed the button down one person would be counted; ! tested the counter several times to make sure it was working properly. 1 have used this same type of counter to count people on a daily basis before I was a St. Paul Police Officer and feit confident I could count accurately. Once in place at the side door I stood at the step and counted each person as they left the building. To assure i was getting an accurate count as possibfe i wouid not count a person leaving if one person was walki�g into the building. I was ab4e to do this because the doorway had two doors, a five foot railing with a step down to the parking lot. Besides that security was not letting most people come back inside after they left. Security closed the doors to people coming inside at 0030 hrs on 7-4-02. i started counting people at 0045hrs on 7-4-02. When I was told everyone was out of the bar by security it was D120. I walked inside the bar and saw several people inside. The security guard said they were employees and DJ's. I saw one male and three females sitting at the bar inside drinking beer from bottles. There was a second group sitting at a table near the dance that had open beer 6ottles on it. r I (J� O� .. .. .� �,�. co -s �:2E�� vlc�c �eqn, i� �_ Saint Paul Police Department Page 2 _ SUPPLEMENTAL OFFENSE / INClDENT REPORT Comqain[ Number Re7arance C.N. Primary oflense Date and Time ofRepo�t 02-138688 Info. to Licensing/ Urinafing 07/04/20Q2 01:18 I counted most of the peopie inside and had a total of 397. I did not counf the 3 kitchen staff, 4 bartenders or any security personal. Officer St. Sauver said he had ten people Ieave the side door. The total number of peopie Yhat were inside the bar at closing was 407 peopie. Please distribute to: _GHF ,Hom _Sex _D/C _CO _Rptr _Rob _Juv _Burg _Theft _Vice _Narco _Oper _PSC _Prop _CAU _SIU _T&A _lab _Rec _Team _F&F _Auto ____DAO ,_Other �1� '�-- ,.�. i d � � SUPPLEMEhTA� REPORT Oate � Tima of Repo2 �� �y ca � c��nn ST. PAUL POLIC CONTINUATION OF: « ,� r.,-„��� `_ _,� 333�Jf?�GiNc`,C� u%�S—�°nE_�'— a?dAS�--�'—.455�5}- s�l 3CV'�Ti�!�c clef4��% — -- -- -- �/1���P o✓�_ SCC'/'JC _.Z � fprPc✓-�'jP 1�?��_PX%f c.Q . rhP . 6u on_. tLif__Ls1PS}_ / �`��n� s �f n�/`�s��r�r�utPy_ c�i�__�vu1s _1 .yoTr�d_f(E�� -!��/_r/G �rrr ,a'4% 6� C/f_.Ol'�1f�/la�?S9S9 n3-cs-is'�3 r�oo/ �//%c,'fas__/�.vy�_5'�� �/f y�Sgd�� 5'f�%z.�%ir� , �io�� .e°``o.�__f�� ere.rftii✓r�'1 �n�i?P�_ __i/�7 C'iarP: _?��axir�/< �?_fri°t �y f�m �e. ��en z_S�'w__.h _6� �/I/li/If _.F _u/_'ii?�'fP._� __f�e �rr'i��y__/O� ��ouvta' � n fl�F t�<-Sf S�'%= _ c p //77 c�/a��.�� e.. _. T. �/�/� pac/� �/�NC W/�� /l? _ � -- fl�5�fi l,��j` c� , and �ieq�� h� z�o c�_ fl- 5' f Ogr��,, --.GJ/�Pn.- � c's�c?�/ �//�/�G _ w/1y `i� _ �,�'s un �Gf� i�y � f-h e 9for�v��' , _ _ /�P Sa, �; „`!/� F� ���i �cff`i _ 9U rasr - -- - ., �� ft % yc. ��a.s� r,cr w�,<,t _ ar�F4; �' dc �_ 4 � � , . �/�_ j�cri! o �_ diifcT� �i! _r�/I� i /,, s f�Cf. _� irn�di n1F'� 1vc•r,L! //,�it/G �;� f��_ ��!�fody _.ard �7/�r�rl f7ril7 !}? �F , �`r4�' a�' y✓ty .Sf', c�Gd L.fti'/F _r'L�C/lfi: y �'rq __�i:iY7. __ __---- '------- / < ,�r� G ���ra�t <h�� �r, _ !/�r�G_ w rh. /��f;.�l /'�su/h,._ ��� a '� 5 -- c. •� �;" � uhl c U r i/7nT%d/) ��� �h �,r f� f� `� 9C�d �d y�% g�! t. -- - __. � �`; �? n� i y/�i�Jrc� :>rlt°1' . o sus�JPC�' _�� Pub/ < Lrr,'/Ja7Y�✓� Whp _ Z r�r a/ 6y ,��/� �o,2-i(;n� . UL � CX� 7G /d �aG <� s fCou/I ME.vG- H�,e � o �-i9- 79 is/ 7hcm/�so�i- iPel. o (�-C/(f�rd� �.a�`t 3S� Z,m,n c, ,�rl'anf_ c��PCK _�n HE,P �,, rh he�4f dP � Z ��S<�/t5, .� �aYf�/ //E2 fv� G/'�//74f i� Pu6% < <U fh � fo �`90o'�y�/Sy� �i'� ti ��t_ T,Mc/Uamoi fu� avP� 1wa sNs/�F�fs �-- ��naf�� ih �ub/,� _ W i�3 �r•'�� c�h0 L,c�/ d� �9,r/ (JL�Lc��n���,�s�.� c�s f�iD'UG L-c1 9-07-7� 9coS _ 6� �/nc c✓u:�l t G/t. A/ NI��/�E^o�e .u,v 5s31n `I� �✓td �/� �L. ,d `# 9g9iscu _ Qs � �J � y xiC -t'C;�✓! { yfii✓� (�.�,.�_ �� �i� ��.�3 ��,�fron sr- /;rp✓iUP/�l!' ,� 1 ad �07�, , , , S!`c�✓J L�l�'r�;�� !�l%��L'S m'� LO 2ne y/��� �s;."fh /7P9�.fli/c' r.°fc�/fS. � tG�� GG �'�.- .c�,�,��t,��, ��,,�1h � t4 �,�,� �` ��3- �yy s'v� �,�� y�i�/G .�� � ,��e CHF Q Han ❑� o��, o� a�o ❑�.a�'� �1C ❑ Burg ❑ Theft 0 Prop � CAU ❑ F&F � Auto ❑ DAO � 1 �I ❑ sex O s�ov ❑ HumServ ❑ oa,�r PM 622-93Fi �� � �- � -- , CONTINUE NARRATIVE HERE � . . ♦ uF�i���` "�="~"�� ,r� _��h.��;tqt,�� �' d � -i�- o .�.: fL-:.;•...:.....,.-.: -- -- —_di� __��• �P,� _ _ _� Saint Paui Police Department Pa9e � � ` 1 ORIGINAL OFFENS�P C IDENT REPORT L1C OPY f CompiaiM Numbe� Reference C.N. Pnmary offense *�����'��� }�, , Date and rme otReport 02-138697 02-1386 NARCOT1CS, > a � A pA�//04i2002 01:27 � Mi i�cr� n+� , c 1� i'1 PnmaryReportingOtticer. JOHNRLINSSEN Loca6on ofincident: 1177 CIARENCE ST Primary offense detail: Primary squad: 370 Secondary reporting o�cer Districf: EASTERN ( EASTERN DlSTRICT } Secondary offense: Name of(ocation/6usiness: CLUB 2�0� Date & 6me of occwence: 07/04/2002 0127 Artest made?YES Date & time of arrest 07/04/2002 0127 POLtCE PERSONNEL INVOLVED A�est made on view: YES Pursuit engaged: Amest made on warrant or previous CN: YES Resistance encountered.� Weapons used by police: Weapons used by suspect at time of anest: CHARGES /�/ame LEE, KONG MENG Arrest Status BOOKED Booking # p��38 eookingdate 07(�4l2002 BookingGme p2:p9 Charge NARCOTICS, POSSESION WITH INTENT Citation number Bai( Onginating agency SPPD Wanantnumber Charge CN 02138697 Warrant type Charge DAS Cdation number Bai! 300 Onginating agency RCSO Warrant number TX02020499-00 Chaige CN 02043202 Wsnant rype WARRANT Cha�ge DAS Crtation number eai) 300 Onginafing agency SPPD Wa.rant number T502022600-00 Chaige CN 02064148 Warranttype WARRANT NAMES C � � � � 6 s � � D\f. � QG N Ar c.o �- 3� or ce_, � i c� �e�.��� c°� r„a �- .�� .; rar.ica Compiaint Number 02-138697 5aint Paul Police Department ARRESTEE (� LEE, KONG MENG � � 273 ED A Build MN 55103 Physical Description Phone Sex MALE Height HairCo(or Race ASIAN Weight Hispanic ooe 03/1�l1983 Age 79 STPAUL HairType Hai� Length Skin BROWN-MEDIUM Facia�Hair Physical Condition Employment Consciousness CONSCIOUS Occupation �rug/alcoho/ use INTOXICATED ALCOHOL DRUGS Emp/oyer ORIGINAL OFFENSE / 1NCIDENT REPORT Reference C.N. Primary offense Date and Time of Report 02-138608 NARCOTICS, POSS W/INTENT 07/04/2002 01:27 CRIME SCENE DESCRIPTORS Crime Scene Type OFFICElCOMMERClAL Description BARINIGHTCLUBITAVERN Method 8 Point ofEnfry Force used NOT FORCED Point of enfry Method Page 2 PROPERTY I7EM � Recoveretl uanti Model # Serial # Descrintion 7otal value Date Owner LEE, KONG MENG 0 38 SUSPECTED ECSTASY PILLS $ 07/04/200'< Location 1�77 CLARENCE Article Type /Item SUSPECTED DRUGS / OTHER NARCOTICS Tumed in at NARCOTICS LOCKER LockerlD # 65 Lab exams CONTROLLED SUBSTANCE ITEM 2 Recoveretl uanti Model # Serial # Descrlotion Total value pate Owner LEE, KONG MENG Location 1177 CIARENCE Tumed in at PROPERTY ROOM LOCKER ORANGE WRtST BAND #244567 $ U7l04/20�i Article Type /Item OTHER PROPERTY / MISCEILANEOUS ITEMS Locker ID # 5 Lab exams ITEM 3 Recovered uanti Model # Serial # Descriotion Totai value Date Owner LEE, KONG MENG 0 $42.00 IN PAPER CURRENCY $42 07/04/2002 Location N77 CLARENCE Article TypelltemCASH/Cl1RRENCY / MfSCELLANEOUS ITEMS Tumetl in at PROPER7Y ROOM LOCKER Locker ID # ML#4fi Lab exams VEHICIE INFORMATION (NONE) SOWABILITY FACTORS Can suspect be identified? YES Cnme scene processed? YES Photos taken? Can be iden6fied by Evidence tumed in? YES ls stolen pmpeRy traceable? Property tumed in? PUBUC NARRATIVE A 19 year old male was arrested for Possesion of C/S after being stopped for urinating in pubiic outside of Club a PAI �i . I POLIC£ Complaint Number 02-138697 Saint Paul Police Department Page 3 ORIGiNAL OFFENSE / INCIDENT REPORT Reference C.N. Primary offense Date and Time ofReport 02-138608 NARCOTICS, POSS W/INTENT 07/04/2002 01:27 s 2000. ; Arrest# Name Address DOB Age Race Sex LEE, KONG MENG 273 EDMUND AV , STPAUL, MN 55103 03/10/1983 19 A M NARRATIVE I, Squad 370 (Linssen), was investigating a fire code violation of over capacity at Club 2000, 1177 Clarence, CN 02-138688. Whife standing outside the south door Sgt McNamara (Squad 302) and i saw an asian male standing next to the dumpster on the NW corner of the building urinating with his penis exposed to the people standing in the fot. i approached the male and asked him to come over and taik to me. The male began turning away from me putting his right hand into his pants pocket. There have been numerous occasions where people frequenting this bar have had weapons on them. I asked the male to place his hands where I could see them. The male put his left hand up and continued to dig around in his right pants pocket with his right hand. I yelled at the maie to put his hands on top of his head. I again yelled at the male to put his hands on top of his head and he did. I began patting the male down and felt a long poi�ted object. I checked and it was a glow stick. i felt a baggie containing hard objects in his right front pocket. i handcufFed the male and removed a small plastic baggie containi�g 38 light brown pills with a horseshoe imprinted on them which I believe to be Ecstasy pilis. I told the male that he was under arrest. The male stated '}ust for the Ecstasy? t got that at a Rave last week. I identified the male with his MN DL as LEE, KONG MENG A1M, DOB: 03/10/1983 273 EDMUND AV , STPAUL, MN 55103. Lee is 19 years old. I couid detect a strong odor of an alcoholic beverage from Lee. Lee was having difficufty waiking and staggered as I walked him to my squad. Lee was wearing an orange wristband on his right wrist. I had spoken to the Security Staff at Club 2000 who had told me only 21 year old and up have the orange arm bands on. I gave Lee a PBT Serial#042860 which showed a.206 AC. I checked Lee's wallet and observed that was an ID for a female also under 21 years old but no other forms of ID in the wallet or on his person. I did see Lee walk out of Club 2000 approximateiy 1 to 2 minutes before i had observed him urinating. I took the orange wristband as evidence. There was $42 in his wallet. I seized the $42 as evidence. I ran a warrant check on Lee which showed two Misd Ramsey County Warrants for DAS, $300 each. I transpoRed Lee to HQ and booked him for Possesion of Narcotics with Intent and the iwo misd warrants. 1 turned the suspected Ecstasy into NL#65, the wristband into PL#5, and the money into ML#46. I gave Lee a Seizure Notice fior the $42 in paper currency. Lee's criminal history is attached. Piease distribute to: Code Enforcement _CHF _Hom _Sex _D/C _CO _Rptr _Rob _Juv _Burg ^ 7heft _Vice _Narco _Oper _PSC _Prop _CAU _Siu _j�q _Lab _Rec _Team _F&F _Other . ��• •..�� �� � OFFIC�THE CITY ATTORNEY MnnuelJ. nntu,CityA[forney C�TY OF SAINT PAUL CivilDivisian Randy C. Kelly, May�or 400 Ciry Ha[I li West Kellogg Blvd. Saint Paul, Minnesota 55103 i JUly 15, 2002 NOTICE OF CONTINUED HEARING Robert J. Fowler Kelly & Fawcett, P.A. 2350 US Bancorp Piper Jaffray Plaza 444 Cedaz Street Saint Paul, Minnesota 55101 RE: All licenses held by Dinner Club 2Q00, Inc., d(b/a Dinner Club 2000 License ID #: 19990005357 Dear Mr. Fowler: Telephone.' 65! 266-8710 Fncsimi[e: 651298-5619 The administrative hearing begun on Tuesday, July 9, 2002 has now been scheduled to continue on Thursday, August 1, 2002. The hearing will begin at 930 a.m. and will be held in room 40-B ofthe Saint Paul City Ha11JRamsey County Courthouse. If you have any questions, you can call me at 266-8710. Very truly yours, ������� ���� Virginia D. Palmer Assistant City Attomey cc: Pao Hang, Dinner C1ub 200Q, ll77 Clazence St., St. Paul, MN 55106 Administrative Law Judge Ken Nickolai, Office ofAdministrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 AA-ADA-EEO Employer � � � 2000, Inc. d/b/a Dinner ub 2000, In�c. � City's Exh. No. � 3 .� � t, , . � • � STATE OF MII�TNFSOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL 70ANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 15, 2002, she served the attached NOTICE OF CONTINLTED HEARING placing a true and conrect copy thereof in an envelope addressed as follows: Robert J. Fowler Kelly & Fawcett 2350 US Bancorp Piper Jaffray Plaza 444 Cedaz Street St. Paul, MN. 55101 (which is the last known address of said person) United States mails at St. Paul, Minnesota. same, with postage the G. Subscribed and sworn to before me this 15th day of July, 2002. Notary Public PETER P �A��sO�'� NO'fARY FUBLIC � MINNESO�A ARY �OMAd1SStOh �x� sr�H.s�. z�s STATE OF MINNESOTA OFFICE OF ADNIINIS'i'RATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 August 23, 2002 By Fax and U. S. Mail Ms. Virginia D, Palmer Assistant City Attomey Civil Division - 400 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota �5102 Robert J. Fowler Attomey at Law Kelly & Fawcett, P. A. 2350 US Bancorp Piper Jaffray Plaza 444 Cedar Street St. Paul, Minnesota 55101 Re: In the Matter of All Licenses Held by Dinner Ciub 2000 OAH Docket No. 10-6020-14868-3 Dear Counsel: On Friday, August 23, 2002, 1 received an ex parte teiephone request by Mr. Fowler for an extension of time to the close of business on Tuesday for filing his final argument due to an emergency. i then placed a cafi to Ms. Palmer to hear her position on this request. She expressed her concem about possible unfaimess since her final argument had already been filed and sent to Mr. Fowler. Ms. Palmer suggested she did not oppose the request so long as she would have an opportunity to make a rebuttal filing, should Mr. Fowler seek unfair advantage and repfy to any of her arguments. After considerat'son, Mr. Fowler's request for an extension of time to fi{e is granted until the close of business on Tuesday. Further, Ms. Palmer is granted the right to file a reply should Mr. Fowler seek to use her compliance witfi the originai schedule to gain unfair advantage. Sincetely yours, KAN:sh ' �.-G�. K NNETH A. P CKOLAI Chief Administrative Law Judge Telephone: 612/341-7640 Providing Impartial Hearing for Government and Citizens An Equal Opportunity Empbyer Administrative Law Section & Administrative Services (612) 341-7600 • TTY No. (612) 341-7346 • Fax No. (612) 349-2665 ��� SVCCESSFUL TX REPORT 3E�E3E 08-23-02 12:07 30B 330 • 5TART TIME ID No. RESOLUTION TOTAL PAGE MACHINE ENGAGE➢ INFORMATIpN ERROR PAGE �'2r,`cEUS"�� . _ �� ����- �-,�-"'�'� ����� .,�v �.ui,�, � o�.'��" � No_ o{ Pagas 2 QnGUding th:s povar) DAT AvqusE 23 20D2 "f�t.p�_ T0= Virgini� O. Palrtier 65'f/298-56-i9 Assistant CFN Attornay Robart J. Fowler 65'l1223-8C'!g Rttorney at Law This message is iMendetl only Yor th� use o{=he ind:viclual or antity �o wtaich iT :s adclressed, antl may conYain informaYion that is privileggd, confldentiat, ancf axempt grorn tl:scl�ssu�e unde� apQlicable faw_ lf tha r�aGer of this msssage is not tha intended recipleni, or tha employee o� agent r�spof�sible POr dalivaring the mes_sag� Yo tHa intended reciqent, you ar� hereby noti'Fietl tYrat arty dissemination. distribvtiqn, or copying of this communic- is stricUy proFiiblteG. 1f you Feave received this commuaication tn arror, pleasa notlfy us immediataly 4y telepl�one arict retum tM1� origina� messaga to us a[ tha above address via the 11-S. Postal Service. TF�anK you. PRdMC Ken N:cico�af ChieFA1 -� TELE. B'i2J34'�-'7g¢o NO: RE: Oinner CWb 2D00 - Raq�est For EXCensian IF THERE Ai2E PROBLEMS RECEIVING THIS TR,ANSMISSION, PLF_ASE CP.Lt' Santly Haven 6"12/34'5-7642 ID: _________________ ----------------- ------- — -------- _________________ _________________ --------------- — _________________ _________________ 911 i2:06 96512238919 5TANDARD 02 00'52 OK STATE OF' NYTNNES�'SA OFJF'IC£ oF ADI�IYEViSi'AqTIVE FZEARiNGS ��O WasPtfngtOn Square, Surte x�00 Y00 WaSHingtpr. pyanua Sou[h MlrvneaPOGS. M:nneaoia 55401-2Y36 Pr'ov�diri9 impart�al H �ng R r GovsmmsnL'a O G�t�sB� An EqVaI OODOrt�anib Employo� 4dmiri�stl�Cive Lauv SeCtion Sa AdT�ni5S�9Yivp �' rvi<BC (612) 34y-76p0 � T�rY No_ (6S2) 36t�/345 F.z No_ (6t2) 34a-2665 3�3rt3rt SiTCCESSFUL TX REPORT ��3E 08-23-02 12:05 JOB No. START TIME ID No. RESOLUTION TQTAL PAGE MACHINE ENGAGED IN'FORMATION ERROR PAGE y ���t�� 2 Cr � .i `. - '�a'..�, a�� �� � "��) �r,� ID: _________________ _________________ --------------- ------------ ------------- — -- ------------ --------------- _________________ 910 12�04 96512985619 STANDARD 02 00'S2 OK �TA'Z'F� OF MINfTESOTA Ot'F"IC£ OF ADMIItiTST]YATNE 73�..s..RLNG3 t00 Washingtor� Square. Suite Y�oo �00 Washington AvOnu6 South nninrieapo4s. Minnesota 5540"1-213H No. ot Pages 2 Clncl�ding this coverj OATE_ Auqust 23 2002 TIME: _ TO; Virg�nia �_ Palmer 65t/29S-SFi13 Assisfant CitY Attpm�y Robert J- Fewlar 65'1/223-8079 AEtornev a# Law This message is irttencFe�2 dnly for tha use of tti¢ intlividual or entity to wteich iY is addressed, and may contain inforrnation tY�at is priv:iegecl, conf.dential, ar.tl �xempt fram disG�osure unaer applicable IaW. If the reader o{ #tiis message is not tha "vntarocS�C recip��nt, or t5za e*riploy�e or agent resPOnsible for defivering Yha message to trz� "vntendad recipi�nt, you ar� hereby notifietl that arty dissem3nation, di5trl6ution, or copyvnc,y ai Ytips communication is strictiy prohibited. Ff you have rec�ivcd this communicateprn in arror, pfease nat:Try us immediately by 4elepYtona and retum tt-.� originat masa3ga ta vs ai Yhe above address via tF3a U.S_ Posial Sarvics- ThanK you. FRbM: Ken N:cKOlai Chief ALJ TELE_ 6t?J34'1-7640 NOc RE: �in�er CYut� 2��0 - Rcq�,test'FOC EMe�siOn IF THERE ARE PROBLEMS RECEIVII.IG TS-IIS T'RAM1FSMISS[ON. F'LEASE CAL_'�- Sandy Havcn s�Z343-7642 _ vrov.a�ng �mpnrt.a� +a nng for Go�arnmsnv ana Gti�ens n Equal Opportunity Employa� Atlmin�sY�ativs Law SEGtion $ Adm�ni5[rativc� S��vic¢5 (6l2) 3d1-7600 � l No. (612) 341-734E � F No_ (6t2) 349-2665 OFFICE OF THE CITY ATTORNEY Mnnuet J. Cervantes, CityAtlorney CITY OF SAINT PAUL av,rDrvrsron R¢ndy G Kei7y, bfayor - t� �i "f 400 Ci Hn11 7L�1..';_;� ? v �,�. ,f: .� Iv IS West Kellogg Blvd. Saint Paul, Minnesota J5102 � .'{ Y..�:=i�i� i :': ;J J '� . _ July 15, 2002 NOTICE OF CONTINUED HEARING Robert J. Fowler Kelly & Fawcett, P.A. 2350 US Bancorp Piper Jaffray Plaza 444 Cedar Street Ssi:,t T�aul, �fi;u�,esota SSi"vi RE: All licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000 License ID #:19990005357 Dear Mr. Fowler: Telephorse: 6512668710 Facsimile: 651298-�679 The administrative hearing begun on Tuesday, July 9, 2002 has now been scheduled to continue on Thursday, August 1, 2002. The hearing will begin at 9:30 am. and will be held in room 40-B o£the Saint Paul City Hall/Ramsey County Courthouse. If you have any questions, you can call me at 266-8710. Very truly yours, L� p,G',c�'C'.�/ �a--t'•��.��t <) Virginia D. Palmer Assisiani City f�,ttomey cc: Pao Hang, Dinner Club 2000, 1177 Clarence St., St. Paul, MN 55106 Administrative Law 7udge Ken Nickolai, Office ofAdministrative Hearings,100 W ashington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 AA-ADA-EEO Employer OFFICE OF Tf� CITY ATTORNEY Manuel J Cervantu, Ciry Attorney CITY OF SA1NT PAiTL Civil Diviston Randy G Kelly, Mayor 400 Clty Hall IS WestKelToggBlvd. Saint Paul, Minneso[a 55IO2 i May 13, 2002 NOTICE OF RE-SCHEDULED AEARING Robert J. Fowier Keliy & Fawcett, P.A. 2350 US Bancorp Piper Jaffray Plaza 444 Cedaz Street Sair_t Pa;:l, rlirunasota 55i0i RE: All licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000 License ID #: 19990005357 Deaz Mr. Fowler: Telephone: 657 266-87l0 Facsimile: 651298-5679 ? ��, �. � �{ �L �. /- '.� / e y � � .� '. f � �` �{< -cs .-. %%- :% °' c°-° v. u� � ` �' / t As requested, we have now rescheduled the administrative hearing previously set for June 4, 2002. The hearing has been re-scheduled to Tuesday, July 9, 2002. The hearing wili begin at 930 a.m. and will be held in room 41 of the Saint Paul City Hall/Ramsey County Courthouse. Administrative Law 7udge Ken Nickolai wili be presiding over the hearing. If you haue any questions, you can call me at 266-8710. Very truly yours, �/���� ��,�u„ Virginia D. Palmer Assistant City Attorney cc: Pao Hang, Dinner Club 2000, 1177 Clazence St., St. Paul, MN 55106 Diane Nardstrom, Office of Administrative Hearings, 100 Washington Squaze, Suite 170Q Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 � AA-ADA-EEO Employes CITY OF SAINT PAUL Randy C. Ke71y, Mayor Apri126, 2002 OFFICE OF THE CITY ATTORNEY � M¢nuel J. Cerv¢ntes, CiryAttorney � Civil Divisian 400CityHall Telephone:651266-8710 lSWestKelloggBlvd. Faaimile:651298-5619 Sain1 Paul, Minnesota SSIO2 NOTICE OF HEARING Robert J. Fowler Kelly & Fawcett, P.A. 2350 US Bancorp Piper Jaffray Plaza 444 Cedaz Street Saint Paul, Minnesota 55101 RE: All licenses held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000 License ID #: 19990005357 Dear Mr. Fowier: Please take notice that a hearing will be held at the following time, date and place conceming ali licenses for the premises identified above: Date: Tuesday, June 4, 2002 Time: 4:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 ThP hea*iag wiL be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Ken Nickolai Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7640 e s= r: � �� �x n;� �� < � � fl a N 3a+ -v � � � � � m c.a crt " � ""� �¢ �- � '=� AA-ADA-EEO Employer The Councii of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses held at the above premises as follows: A review of the police reports regarding this establishment between July 1, 2001 and March 31, 2002 show numerous police calls. There have been eight calls for loud music coming from the establishment, all of which were substantiated on arrival by the responding officers. There have been at least eight calls on assaults or fights among large groups of people fighting inside the bar and outside the bar. Is hva af the recent assault reports, officers have discovered underage persons who have acknowledged that they were drinking at D'[nner Club Z000. Additionally there are reports ofpublic urination, crowds leaving the club which were out of control so that police needed to assist security in clearing the lot and shots fired in the parking lot outside the Club in mid-February, with one of the patrons leaving being shot. These problems are ongoing despite a number of conditions already placed on the license and attempts to work with the management to deal with neighborhood and police concerns about underage drinking, unruly crowds, loud music and ongoing disturbances at this establishment. 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 L,egislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom you may cross-examine. You may then offer in rebuttal any witnesses or evidence you may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law 3udge 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 Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 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 conforxnity with Minnesota Rules, part 1400.7000. If you thivlc that this matter can be resolved or settled without a formal hearing, please contact the undersigned. If a stipularion or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law 7udge for incorporation into his or her recommendation for Council action. If the licensee or a representative fail to appeaz at the hearing, the licensee's ability to challenge the allegations will be forfeited and the allegations against the licensee which have been stated eazlier in this notice maybe taken as true. Ifnon-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, �� � ��� Virginia . Assistant City Attomey cc: Pao Hang, Dinner Club 2000, 1177 Clarence St., St. Paul, MN 55106 Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 � z� m� ���' ��. ��- ��. E n � 0 Q � � � r� � � o� cn: ere � � .�;, � .� � � Notice of Hearing - Page 3 STATE OF MINNESOTA OFFICE OF ADNIINISTRATIVE HEARINGS 100 Washingto� Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2 1 38 October 24, 2�02 Don Luna, City Cterk 170 City Hall 15 West Ketfogg Soulevard St. Paul, Minnesota 55102 Re: (n re All Licenses Held by Dinner Club 2000, Inc., d/b/a Dinner Club 2000, License ID #19990005357; OAH Docket No. 10-6020-14868-3. Dear Mr. Luna: Enclosed are copies of the tapes from the hearing held on July 9 and August 1, 2002, in the above matter. The Findings of Fact, Conclusions and Recommendation were served and the record sent to you on October 10, 2002. Sincerely, �� f/O�G���l"Lc.J � Diane Nordstrom Docket Coordinator 6M12/341-7448 Enc. � %� � ( � �.� � V �� � ���� Providing Impartial Hearing for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 • TTY No. (612) 341-7346 • Fax No. (612) 349-2665 G�? 4��- �o � � � � , �; � � �� v �_� _ � ' �, : �� �..r�"�� 2 ` P Q ,.,a� `u '` ^' a . �?, z ' a; , ,'� , '-�u,'� � yH U . ��O � . � _ a � O �� � � � 'i`A : ae � a � , `' C-. 2 , Ur; , 2 �;, � ,� �� C � �,� 1 � O � 1 f( q a`x , x ..,;.: W W � Q "K " F : U .Ci'-. O � n . 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