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)
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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
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n' iS! 1� T'iIl V� 1�
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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
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. 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
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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.
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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
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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-
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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
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{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.
,
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•.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
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ST. PAUL POLICE DEPARTMENT
GENERAL REPORT
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� Q Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab
p/C ❑ Burg ❑ Theft Q Prop � CAU � P&F Q Auto
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ArrestNumber LastName First Middie Address DOB Age Sex Race���
Page of
Month Date
� 08 -02� _
C�ass �ocation of G
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Time & Date of Occurtence:
Occurted [�'jAt ❑ Between:
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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
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DAO � CO � HumServ ��� pM
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___ 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 � — �
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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
='=
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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 .�:`"?^`�,. «:�
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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.
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❑ 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
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.. O.T.: Typist: .� Code:
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Rec ❑ Team ❑ Sex ❑ Rptr ❑ Other
DAO ❑ CO ❑ HumServ � T �
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p oeem w ar� ❑ aro�mo�, ��a ❑�mo„ �,;�a p v�m,,, a�a � coo�m p�►+ot � a,�oay ��
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❑ D�C � Burg ❑ Thek Q Prop Q CAU ❑ FB,F [] Auto � DAO ❑ CO ❑ NumServ
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City's Exh. No. 5 —
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ST.PAULPOUCE DEPARTMENT
Page �_ot GENERAL REPORT
ST. PAUL POLICE DEPARTMENT
P89B of� GENERAL REPORT
Day Month Date Year Time• S uad: Team:
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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 �
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" `�- . 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 ��-
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� 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
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ST.PAULPQUGE DEPARTMENT
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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
� .
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City's Exh. No. 8
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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
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` " "°'°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
�
�
�
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a
x
�
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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/
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.
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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£
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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
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❑ 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
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t�'•a-v ) � � � �'�*� � .
0
z
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�,,,�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.
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�� � 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
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° 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�
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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.
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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. . _
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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
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��°� " 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?
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ST.PAUL
REPORT
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Page _�of�_ GENERAL REPORT
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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 �
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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
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� 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.
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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 `:>
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COPV2 -ANXMIC COPV 3 -REMFND �
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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� � �
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Time & Date of Occunence: ^�
Occurred At Q Between:� ! hrs. on and
c - {�c rc� ; / r a
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Crime I..ab � Property Room
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� 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
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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
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= 2000, Inc. dlb/a Dinner ub 2000, Inc.
City's E�. No. 17 m i
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� � 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
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_CO _Rptr
_Rob
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_Vice
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,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.
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■ _ ���i
0 2000, Inc. d/b%a Dinner ub 2000, Inc. �
City's Exh. No. 19
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ST. PAllt POtICE DEPARTMENT
Page �of� GENERAL REPORT
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S7. PAUL POUCE DEPARTMENT
Page � of_1_ GENERAL REPORT
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ssisting Officer: Emp. No.: Reporting Offi r: Emp. No.:
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eport Reviewed By: Emp. No.: O.S : Typist: Code: N�me Entry:
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' ST. PAU� POLICE DEPARTMENT �;=;': 1
' OFFENSE / INCIDENT REPnRT
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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
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!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'
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=i9ht: H4:+ght:
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Address (Street. Apt., City, State, ZiF
7 �/ G'. I�cz O
Phone: Work Phone: Occupatior
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( Parent/Guardian Address:
� _ I CityBtate of Ongin:
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� 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
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❑ Sandy Q�tlium Q Pale ❑ Pockmzrk � Rght Handed Q Number
❑ VJnite ❑ Lo�g ❑ Ruddy ❑ Scar—Body ❑ p(her _� Pi��ure/Design
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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 =
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�
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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
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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
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❑ ID ❑ Lab ❑ Rec ❑ Team ❑ Sez ❑ Rptr
❑ F&F Q Auto ❑ DAO ❑ CO ❑ HumServ
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SUPPLEMENTAL REPORT
te & Time o( Report:
/3l/a� �t3a
ST.PAUL
CONTINUATIC
REPORT
Team:
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REPORT
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� .,-�-�-,: „ 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
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Bail Origmabngagency ST. PAUL
Charge CN 02062313
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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
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ENDDNSEYEM3: NONE , - • . . .
REStXKTONS: NONE . '
Iif{IIIOflliilfliilllllifllil►filllllll)II111 _ E; E%P A-�pN EAqr
NAO YANG
70613 PIERCE ST NE
BLAINE,MN SiC34
� z��
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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
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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
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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
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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 ($7900) FROM SAFE
VANG
CO-OWNER
11/21/Ol 2205 UNKNOWN ASSAtILT; VICTIM: PAO HONG-CO-OWNER; NO
ARREST MADE
10(27lO1 0118 LJNKNOWN ACrGRAYAT'ED CRIMIIVAL DAMAGE TO
PROPBRTY; SUSPECT KICKED OUT FOR
FIGHTING
10l20101 1200 VANG, GE FIRE DAMAGE TO SOIJTH ENTRY DURING
HANG, PAO CLOSED fIOURS
CO-OWNERS
8/25/Ol 2349 UNKNOWN AGGRAVATED ASSAULT (DWn V. BOUNCER;
SUSPECT KICKED OUT
REPORTS - INSIDE CLUB
DATE TIl4IE REPORT
11f24/Ol 2336 AGGRAVA'I`ED ASSAULT IN CLUB
11/Ol/Ol 0220 AGGRAVATED ASSAULT IN AND OUTSIDE CLUB
10(21/Ol 2304 NOISE COMPLAINTS FROM MULTIPLE NEIGHBORS
REPORTS - PARKING LOT
DATE TIlVIE REPORT
3i31102 0049 JWENII,E ASSAULTED IN PARKING LOT; UNDERAGE
CONSUMPTION
2/16/02 0233 AGGRAVATED ASSAULT WHII.E LEAVING CLUB;
SHOOTINC NOT ON CLUB PROPERTY
2/9/02 2255 URINATION IN PUBLIC ON OUTDOOR CLUB STAIKWAY;
ARREST FOR FELONY WARRANT
12/30/Ol 0152 AGGRAVATED CRINIINAL DAMAGE TO PROPERTY;
MIlVOR IN7i7RY; OITTSIDB CLt7B
7126J01 1105 MISDEMEANOR ASSAULT-FIGHT WHILE LEAVING CLUB
INCIDENTAL REPORTS
DATE TIME REPORTER REPORT
12/12/Ol 1570 NEWELL, Tf�FT OF PURSE
LATOYA
11122l01 2314 VANG, CHOU THEFT OF WHEEL & RTM FROM CAR
11/15/Oi 2300 HWANG, YUNTA LOST CELL PHONE
10/27/01 2344 SQUAD 512 SQLTAD CAR SERVICE CALIrSTUCK IN
SAND NEAR PARKINC: LOT
9/7/Ol 1954 SQUAD 370 POSSESSION OF CONTROLLED
SUBSTANCE WITH INTENT TO DISTRIBUTE
8/24101 0103 L3I3KNOWN ASSISTANCE WITH FIGHTS AT WELLS
FARGO
BETTY MORTON REPORTS
DATE TIME REPORT
3/3/02 2313 LOTJD MIJSIC
2/24/02 2345 LOUD MtJSIC
2122/02 2311 LOUD MTJSIC
2/16/02 2251 LOUD MCTSIC
12/30/Ol 2240 LOUD MUSIC
9/22101 2308 LOUD MfJSIC
7/1(Ol 2350 LOUD MUSIC
VIOLATiON ALREAIIY ADDRESSED
DATE TIME REPORT
i ll28/Ol 2000 KRIS SCHWEINLER REPORTED SERVICE AFTER LICENSE
SUSPENSION
EXHIB4T
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Breakdown of Police Reports from 7/1/01-3/31/02
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SUPPLEMENTAL OFFENSE / INCI��r��I($��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.
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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�
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ST. PAUL POLIC
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� ` 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
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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
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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
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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:
_________________
-----------------
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_________________
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_________________
911
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96512238919
5TANDARD
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STATE OF' NYTNNES�'SA
OFJF'IC£ oF ADI�IYEViSi'AqTIVE FZEARiNGS
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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
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STANDARD
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�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
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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
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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
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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.
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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
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