The URL can be used to link to this page

03-300��i � 9�1�� Presented By Referred To Council File # C'S �'1 pp Green Sheet # 0'S � g RESOLUTION CITY OF SAINT PAUL, NIINNESOTA 39 Committee: Date RESOLVED, that the licensee Minnehaha Tavern, Inc. d/b/a Mimiehaha Tavern (License ID No. 0016187), located at 735 White Beaz Avenue North in SainY Paul is hereby ordered to pay a fine of $500.00 for the February 8, 2003 violation of After Hours Sales and Consumption or Display of Alcoholic Beverages. Said fine shall be paid to the Office of License, Inspections and Environmental Protecrion within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the action of the Council in this matter aze based upon the facts contained in the Februaty 20, 2003 Notice of Violation letter to the licensee, the St. Paul Police report CN 03-024-219 and such arguments as were made at the public hearing. The licensee did not dispute the facts of the violation. Requested by Department of: Adopted by Council; Date �_h aC a By: G�., �-�`�- Adoption Certified by Council Secretary OFFICE OF LIFsP Date: L7REEN SHEET " Janeen Rosas, Director March 12, 2003 266-9013 No . 403498 ° �'' °p ONTACT PERSON & PHONE: 1 $p��''r D=xac�°R ='rY mvxcxL aneen Rosas (266-9013) �' 2=� ATT°x�z =x� c�,�`R ..�aw, ust be on Council Agenda c � ��' aixscrox IN. & MGT. SVC. DIR. � arch 26, 2003 (hearin ) g mR cox nssisxnNx) ., OTAL # OF SIGNATIIRL PAGLS 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ' CTION REQUESTED: ; dverse action against the licenses held by Minnehaha Tavern, Inc. d/b/a -. innehaha-Tavern, located at 735 White Bear Avenue. . CI�M1II+�NDATZONS: APPROVE (A) OR REJECT m) SRSONAL SSR4IC8 CONIBI�CTS MQST ANSWSR T88 POL7AWING: } PLANNING CONAfISSION CIVIL SERVICE CO�MfSSSION 1. Has the person/firm ever worked under a contract for this department? � CIB COMMITTEE HUSINESS REVIEW COONCIL Y&S NO STAFF _ DISIRICP COUNCIL Has this person/firm ever been a City employee? . DI5IRICT COURT _ Y&S NO 3. Does this person/fixm possess a skill not normally possessed by any ' SUPPORTS WHICFi COUNCIL OBJECPIV6? Clirrent City employee? ' Y8S NO � laiss all Y85 aaswera oa a aeparate aheeC aad attach. ,'INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When,• Where, Why): n February 8, 2003 Minnehaha Tavern, Inc. d/b/a Minnehaha Tavern improperly ,, allowed the after-hour sale, consumption and/or display of a�lr�o1��3� by one of its employees. ��r °`�' VANTAGES IF.APPROVED: �� "� e e "Council action necessary to enforce the City's Legislative Code prohibiting -after hour sale, consumption and/or display of alcohol. ISADVANTAGES IF APPROVED: _-• - one ISADVANTAGES IF NOT APPROVED: o penalty will be imposed for violating City ordinances involving after-hour iolations involving alcohol. ,,- TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO ' FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) s� �. OFFICE OF THE CITY ATTORNEY ManuelJ.Cervnntes,CiryAttorney O � �/�00 OF SAINT PAUL . Kel/y, Mayor W� CivilDivision 400 Ciry Hall IS Wut Kellogg B(vd. Saint Paul. Minnuot¢ 55l0? Telephone: 657 266-8770 Fncsimile: 65/ 298-5619 Mazch 12, 2003 NOTICE OF COUNCIL HEARING Jeff Catronio Minnehaha Tavern 735 White Bear Avenue North Saint Paul, MN 55106 RE: Liquor On-Sale License held by Minnehaha Tavern, Inc., d/b/a Minnehaha Tavern, for the premises located at 735 White Beaz Avenue North in Saint Paul License ID #: 16187 Dear Mr. Catronio: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, March 26, 2003 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the after-hours sale, display and consumption of alcohol has not been denied. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a $500.00 fine. If you have any questions, feei free to contact me at 266-8710. Sincerely, �/�� ,�., � Virginia D. Palmer Assistant Ciry Attorney cc: Christine Rozek, Deputy Director of LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 AA-ADA-EEO Employer UNCONTESTED LICENSE HEARING 63 -� o0 Licensee Name: Minnehaha Tavern, Inc. d/b/a Minnehaha Tavern Address: 735 White Bear Avenue North Council Hearing Date: Wednesday, March 26, 2003 Violation: Date of Violation: Place: After-Hours Sale, Display and Consumption of Alcohol February 8, 2003 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Police report CNO3024219 AA-ADA-EEO Emptoyer CITY OF SAINT PAUL RanAy C. Kelly, Mayor February 20, 2003 OFFR JF THE CITY ATTORNEY Manrrel J. Cen�nntes, Ciry• Attorney 0� .',l00 CivilDirision 400 Ciry Hn(I Telepkone: 651266-8710 ISWestKel[oggB[vd Facsimile:651Z98-5679 Saint Panl, hfinnesotn 55101 NOTICE OF VIOLATION Owner/Manager Minnehaha Tavern 735 White Bear Avenue North Saint Paul, MN 55106 RE: Liquor On-Sale License held by Minnehaha Tavern, Inc., d/b/a Minnehaha Tavem, for the premises located at 735 White Bear Avenue North in Saint Paul License ID #: 16187 Dear Sir/Madam: The Office of License Inspections and Envlronmental Protection has recommended adverse action against the On-Sale Liquor license held by Minnehaha Tavem, Inc., d/b/a Minnehaha Tavern, f or the premises located at 735 White Bear Avenue North in Saint Paul. The basis for the recommendation is as follows: On February 8, 2003, Saint Paul police offcers were preseat at Minnehaha Tavern at 1:05 a.m. when they observed the bartender set a 12 oz can of Miller Lite Beer next to his glass, open the beer, pour it in and drink it. Saint Paul Legislative Code §409.07(a) prohibits the sale of alcohol after 1:00 a.m. and §409.07(c) prohibits the consumption or display of alcohol at any time when the sale is not permitted. Since this is considered a first violation, the licensing office will recommend a$500.00 fine, pursuant to St. Paul Legislative Code §409.26. At this time you have three options on how to proceed: If you do not dispute the above facts and do not wish to have a public hearing, you will need to pay the recommended fine for this violation. If this is your choice, you should make payment directly to the Office of License, Inspections and Environmental Protection, Room 300 Lowry Professional Buildin�, 350 Saint Peter Street, Saint Paul, Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the fine will be considered to be a waiver of the hearing to which you are entitled. AA-ADA-EEO Employer Page 2 Minnehaha Tavern February 20, 2003 O� •� 2. Altematively, if you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the violation and requesting a hearing by Monday, March 3, 2003. The matter will then be scheduled before the City Council for a public hearing to determine �vhat penalty, if any, to impose. You will have an opportunity to appeaz before the Council and make a statement on your own behalf as to the penalty to be imposed. 3. If you do dispute the above facts, a hearing will be scheduled before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence, and cross-examine the otker's witnesses. The St. Paul City Council will ultimately decide the case. Please let me know in writing no later than Monday, March 3, 2003, how you wish to proceed. If you have not contacted me by Monday, March 3, 2003, I will assume that you are not contesting the facts and wilt schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which �o public discussion is allowed and the recommended penalty will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, �/ ��-� �� Virginia D. Palmer Assistant City Attomey ca Christine Rozek, Deputy Director of LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Shenvood Ave., St. Paul, MN 55119-3230 AA-ADA-£EO Employer a3 -'� p° STATE OF MINNESOTA ) ) ss. COLTNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CI,EMENTS, being first duly sworn, deposes and says that on February 20, 2003, served the attached NOTICE OF VIOLAT'ION placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Minnehaha Tavern 735 White Bear Avenue No. St. Paul, MN. 55106 (which is the last known address of said person) United States mails at St. Paul, Minnesota. with postage prepaid, in the Ui Subscribed and sworn to before me this 20th day of February, 2003. �� '� � � �. � � Notary Public/ , �� PFTER P PANGBORN Np7ARY PUBUC - MiNNESOTA MY �MMISSION £XP�RES JAN. 31, 2005 License Group Comr.ients Text Licensee: MINNEHAHATAVERNINC �BA� MINNEHAHATAVERN License #: 0016187 02/17/2003 0 ., ��00 02/77l2003 To CAO for preview of report and possible adverse action. CAR 02/08/2003 CN 03024279 receivetl indicating after hours consumptioNviolation of bar ciosing hours. CAR04/25/2002 2002-7 % Liquor Discount applied to 2nd half. LAB 04/03/2002 Sent congratulations letter for passing alcohol compliance on 03/07/2002. SS 03/07/2002. Passed DPS alcohol compliance check conducted by SPPD. SS Ot/31/2002 Will have renewal in by 2/4/02. KS 70/2Z2001 Check received $1,802.00 in payment for NSF Check. Called Heritage Bank to verify for fund availability. Funds are available. KS ok to process right away. We will invoice for add'I payments due. ks/caa 09/25/2007 NSF check #5461 recd for �1,802.00. Total amount due is $1,817.00. ES 08/07/2001 2001-7 % Liquor Discount applied to 2nd half. LAB 03/20/2001 Waming letter sent for failed alcohol compliance check. Trai�ing due by 04/27/2001.JL 03/10/2001 Failed DPS alcohol compliance check. No CN number given. First failure, warning will be sent. Given to 04/20/2001 to take alcohol awareness training. CAF 03/01/2001 Fees paid. CAR 01/31/2001 Licensee asked for extension to pay license fee next month, per Kris Schweinler she gave him until 02/28/2001 to pay $3,043.00 without a penalty. KRD OS/31/2000 Congratulations letter sent for passing alcohol compliance check. SS 05/10/2000 Passed U of M alcohol compliance check conducted by Vice/POIyaWRamstad. SS 04/07/2000 License fees paid. CAR 04/04/2000 Notice of Violation from CAO for failure to pay license fees. Given to 04/17/2000 to pay. CAR 04/03/2000 To CAO for adverse action. CAR 3/30/2000 Renweal not in for 1/31/2000. Fees due are $3043.00. Licensee did ask for an extension, so $606 late fees will be waived. CAR 77/02/1999 Paid delinquentfees. CAR 10/29/7999 Remailed delinquent letter due to typing error / 2nd half due 17/Ot/7999, amt due $2,520.00. JL 70/26/7999 Delinqueni letter mailed 2nd half due - amount due $2,520.00. JL 10/01/7999 Left message for John Cotroneo on business phone (works for Dino Guerin). Toid him that we did not get payment and asked him to have it in by Monday 10/04/1999. Amount due is $2520. CAR 08/04/1999 Second half due date extended to 8/31/7999. OK per CAR. cam 02/10/1999 Passed alcohol compliance check; no "unofficial" warning. DL 00/00/1997 Seven % discount on liquor fee applied to second 7/2-Lap-Lic 02/17/1997 Given to 02/28/1997 to renew licenses per request of Mark Mauec Car 10/17/1996 $2700.00 collected tor second half payment. Ks is collecting $210.00 late fee. 07/00/� 996 Per Dino Guerin - one month extension for payment of second half liquor. (Add penaity after one month). 04/75/1996 $299.00 penalty forgiven per C. Rozek-Lap 07/31/1995 Thirty day eMension for paymeni of second half liquor license per Frank Siaffenson. Total second haif liquor due $7,806 ($2,100-$294 alcohol awareness 7 % ). 10/16/7987 Refund issued for difference in on sale IiqUor fee 2081 Vs 2082 (B To C) P.V. V160-0237 70 seais OS/OS/7987. OS/21/7986 Public Hearing on application for gambling location. License approved CF 86-648 07-�eo armreu' Liansa, Cwd«[' Ixmae, CerrAO4Yr } � iype � MapMy � Limsee � Umllcwl C• pp SheelY !35 SVenNeme TEBEPR s¢�a rw� �� wce�on �� I�Lnh1 � �py �PJ> "e.:FSiJ t$�'w�5 i � ;_Gazcd= iNey�Re%i�Ji' ��P,:� � 4�1618] MIISJEIWl4TAVMIN�£HAHATAVERNRe5layxtl(�-moAprve LrenseRMetl 11(1<11�391(J1RDJ6]35l `; LpuorOnSNe„9a.AC4re LcweRMed 11Q4I199391A1fA04]35l e �iui � 1018 NONJEHPHATAVMWNElWiATAVHENFeISeNams , ACtive OfA1�999 1VJNJEHPHATAVMPWEHMi4TAVERNE�rterlmrcnerQ(AJ Hdrve LicenseRUtletl 11R411993 OdrNn9�� Actrve LlcmxePriMatl itR411993 �59]5 0 HNRDNGAREAVHAftDWGAFEqIqCkOUSBNem¢ePe1Le�¢led 02411f1991 � 10R¢m3FOtntl �s K e F Re Orofwywths e 0211110.? 1f �r � sb E e L"at 02l /03 t J klt 10.3 1 ��-. �� e« � e m ic a� a�dme e�o i n ta �".,�v � cn ok ! e a 2/1 P31t2 , ludy Ba ) c Na gambWg kt ei 02/12103125 � � � ryPe .,.�._ .., �.. . ....... ._ �+Y.. �Pm. Flw'...� y�mn DBA NN61AW1tAVERN g e ��_� (�� ,ra= ��,e� i��e � R��.e� � 9!e C P�opertY r ��censee � Uro��ntl �IeaFecSftlu ASIINCpN, WFWNE WC� Sb¢HC � AMPiuAC4enCCmmdrt3 �� StreNNeme rtEfiEAR �, $VeNTyOC AVE pr¢pKUt � UMM � IInRA � CAy iVAlA LicenreGrowCammeNs . Stete fN � Z�p. `biC6 ' tl��oryevewairePaM1eMpaa�bk � �� '`�a�"�"�w ' 2082003M03034319reccrvetluvficetn9attcrMUrs qn� CouncY � mampGatWwlelcn of Wr cbs'ug Muts. . ."__— ' _____________, . 04RSR002300].]%L<NwqsmukwGledtolntl, �LKBnSee INN@WiATAVEPoJMC Llttnsee I DBA IMJ@YWHTAVEPoJ � mmieM ' � �� _SdesTazld 1fi0945 9mVMne.651)]IB-9t0] i �. 6666t� FdscNwms R Otqt2W2 1Nd1R003 N $OAO � [ t618i; False?Jerms R OtAttl999 1)A1tl999 N $OAG : ' �t qbrmPermR(Renew) A 0]2]I1896 O1fdiR0p< N $t0A0 J � �ticenaeY 618i SaveCM1arges�oHUtaryr �".', .� $�iypp',`fi� NJNJElW1ATAYMMNEIUHATAVERNENenei�vnUrt(A) Ad�+G l6enseRMeC 02011 D�-1oo f. TvP Pi !'� „ P M, I'' 4 � � �u'I-9!^.!^-� uanma�wnvuwml.svwvurl � D&4 TAVERN � 9re, ��se Lica�sx � Lc rYces 1 Nswence � Bontl � Rm,weme�RS l - 9re� L¢ensaNe� MVEHNiATAV81NP1C ,�`�nq��e= q�e. 090. TAYQtN � � � SelesTaxbt 160945 Nm-%afCr�M1brk�efs R0.2003 ".tF',?P?�T_��# GY: AACmUadRec'C WOONOW , AATrann9Rec'2Yw`^�.^!�!!�u AAFeeCOI¢Ge6 pN0AW0 pscwNRec'2r WhGA en Lcenses FnafogHtltlReam(a _. Otlxrlicwisin9�Ml'Neme'lLkeiiseEYK�UCenscXbWMbn' Rwsm"�kL:,'�.'� :Adrve3,LDete�':'. — NSF N 09(15rz001� :L � W WNIIOIImANVW WIKONEO JANICE VICEGRE55Ec () (kN¢ NAONOWNAONODCOiRJNEO JJHN FqESRRFA51(651)]]65 6666( q� pJngry9930]USRfIOLOiftONEO .FFF )�IANAGER {651)130.0 t619 .1 � `j ::�Y'2.I.Ni�1 u ¢ � c y � �� .� �:� Beck9rwMOfeCkR 9 re0 r qCMACrLP�k3'�� EKertairmenl(A) f. MaiTOCwtlad f, �cmre natresx MatlhvqceTo �' Mai To Cnnlett r L c¢nse AtlM1CSS +"�1+' v 0 Fwd fla ref YW�" �e 02/11N30201t `-�. v m e � el N e 02/�3 .�� '� � N m Iltt p ! 10 �'j r ' 8 t ; Ck deb ei W IJJ 10 � �h 1 1 ; J JudyBaiN R'N a le� i ��/ 2561 ° <F=u� � nf �� Saint Paul Police Department New RMS Page , ors � � � •�;.. _�"-��._ ORIGINAL OFFENSE / INCIDENT REPORT o�-�oo ComplaintNumber ReferenceC.N. DateandTimeofReport 03024219 "� Q 02/08/2003 01:36 Pnmary o/fense POLICE VISIT-PROACTIVE POLICE VISIT PrimaryRepotingOlricer. marknelson Nameoflocaffon/business: Primarysquad: 340 Locationofincident:735 WHITE BEAR AV N ST PAUL MN 55119 Secondary �eporting officer. Approvingofficer. f102 fT1CO2f118I'8 oisrdcr. Eastern Site: Secondary o/lense: AttemptOnly NO Date & time otoccurence: 02/08/2003 00:57 to 02/08(2003 01:10 Anestmade? NO Appears to be Gang Re/ated NO Police OfficerAssuatted orinjured NO Police OlficerAssisted Suicide NO NAMES Suspect UNKNOWN Nicknames orAliases AKA First Name Details Sex Race Hispanic No DOB Age hom to Offender lnformafion Anested NO �u� No Condition Occupation Employer AKA Last Name Phones Home � � _ Work � ) - Ce// � � _ Faz � � _ Contacf � � _ Pager ( � _ PursuRengaged Np Resistance encountered NO Taken fo health care facility NO Weapons Used by Police Emplo Occupation Employer ldentificati SSN: _ _ license orlD# License State Violated Restraining Order (�j0 Medica/�elease o6tained? rJ0 Weapons Used by Suspecl at Time of Anest =il= 12 � c "� z �-� � �' ` c_.� L ` � � � C� .-�-�� r,. P.;r �:� q. - � _ ?13:.i� E Complaint Number 03024219 Pnmary offense Saint Paul Police Department New RMS ORIGINAL OFFENSE Reference C.N. POLICE VISIT-PROACTIVE POLICE VISIT Page 2 of 3 Q+ ��Q� Date and Time o/ Report 02/08/2003 01:36 CRIME SCENE DESCRIPTORS Crime Scene Piocessed NO Type RBY811 Description LlquOf StOfE INCIDENT REPORT Metho 8 Poinf of E Force used NO Point of entry Method Hitllnside NO SOLVABILIN FACTORS Suspect can be Identlfied NO Photos Taken NO Evidence Tumed In NO Lab BiologicalAnalysis NO NarcolicAna/ysis Np Lab Comments By StolenPropertyT�aceable NO PropeRyTumedln NO FingerpnntsTaken NO /tems Fingerpnnted NO NARRATIVE ON 02-07-03 AT 0057 HOURS, I(OFC MARK G NELSON #340) OFC PAT MURPHY (#398) AND SGT MCNAMARA (#302) WENT ON A PROACTIVE POLICE VISIT AT THE MINNEHAHA TAVERN, 735 N WHITE BEAR AVE. — WHEN WE ENTERED THE BAR, THERE WERE TEN CUSTOMERS INSIDE, MOST HAD AT LEAST TWO DRINKS IN FRONT OF THEM. i SAW THERE WAS NO ONE BEHIND THE BAR. I ASKED A CUSTOMER WERE THE BARTENDER WAS. ONE OF THEM TOLD ME THE BARTENDER WAS PLAYING DARTS. THERE WERE TWO MALES PLAYING DARTS IN THE BAR. I ASKED THEM IF EITHER ONE WAS BAR TENDING. ONE OF THE MALES, WHO WAS A W/M, ABOUT 35 YEARS OLD, WITH A MEDIUM BUILD, IDENTIFIED HIMSELF AS THE BARTENDER. I NOTICED HE WAS DRINKING OUT OF A TALL, CLEAR GLASS. A SHORT TIME LATER HE WENT BACK BEHIND THE BAR. �T 0105.:HOURS, THE BARTENDER'CAME OUT-FROM BEHIND THE BAR. I SAW THE BARTENDER SET A 12 OUNCE CAN OF MILLER LITE BEER NEXT TO HIS GLASS. I SAW HIM OPEN THE BEER, POUR IT IN HIS GLASS, AND DRINfC IT. WE LEFT THE BAR AT ABOUT 0110 HOURS. i A SHORT TIME LATER, I PARKED ACROSS THE STREET, IN THE BIG STEER MEATS PARKING LOT. AT 0'143 HOURS, I SAW FOUR PEOPLE WHO HAD BEEN DRINKING AT THE BAR WALK OUT THE WEST � DOOR OF THE MINNEHAHA TAVERN. FORWARD A COPY OF THIS REPORT TO LIEP. � Saint Paui Police Department . New Rnns Page 3 of 3 �� : os -� o0 ORIGINAL OFFENSE / INCIDENT REPORT ComplaintNumber Refe/enceC.N. DateandTrmeofReport 03024219 02/08/2003 01:36 Primary offense POLICE VISIT-PROACTIVE POLICE VISIT PUBLIC NARRATIVE INFO TO LIEP REPORT. Please distritfute to: _CHF _Hom _Rob _Juv _Oper _PSC _Lab Rec Team _Sex _D/C _Burg _TheR _Prop _CAU _F&F _Auto DAO _CO _Rptr _Vice _Nazco _SIU _T&A _Other OFFICE OF THE CITY ATTORNEY Martuel J. Cervnniu, CiryAttorney I1 Q 0 O Q i � 3 OF SAINT PAUL n . Kelly, Mayor March 12, 2003 CivilDivision 400 Ciry Hall I S Wesr Ke7logg Blvd. Saint Pau(, Mirsnuota SSIO2 NOTICE OF COUNCIL HEARING Jeff Catronio Minnehaha Ta�ern 735 White Beaz Avenue North Saint Paul, MN 55106 Telephane: 65/ 266-8710 Facsimile: 651298-5619 RE: Liquor On-Sale License held by Minnehaha Tavern, Inc., d/b/a Minnehaha Tavern, for the premises located at 735 White Beaz Avenue North in Saint Paul License ID #: 16187 Dear Mr. Catronio: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, March 26, 2003 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the after-hours sale, display and consumption of alcohol has not been denied. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a $500.00 fine. If you have any questions, feel free to contact me at 266-8710. Sincerely, �/ ��(�(,,.�„ `�` Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 AA-ADA-EEO Employer , � ___-;. -: �° < _.�' Mazch 20, 2003 City of St. Paul Attn: Dan Bostrom, Council President 15 W. Kellog� Blvd. St. Paul, MN 55102 Dear Council President Bostrom, �� '� � `� �� fl a3� � I am writinj in re�ards to a liquor violation (code 409.07 (a) & code 409.07 (c)) the Nfinnehaha Tavern, at 735 White Bear Avenue, St. Paul, MN 55106 received on Saturday, February 7�`, 2003 at 1:00 a.m. Please find the enclosed copy of the violation that was received from the City Attorney's Office. I do not deny the notice of violation. In speaking with the bartender on duty (Michael Engelking), he does not deny the notice of violation either. Michael Engelking knew it was close to 1:00 a.m. He was also aware that there were three St. Paul Police Officers present at the bar. Michael went behind the bar and took a can of beer, There was not a sale, but was a display of alcohol. Michael did not receive a citation from any of the Police Officers, nor was he informed that he committed a violation. The City Attomey's Office recommended a fine of $500.00 since this is the first violation for the Minnehaha Tavern. My request is to have the fine be reduced. I am also requestin� the violation be stricken from the record after one yeaz, if the Minnehaha Tavern does not have any other violations. I regret that this incident took place and have aiready put measures into effect to ensure that there will not be any further violations. I am proud to say that the Minnehaha Tavern has been free of any violations dating back to 1961 when my father owned it. Please accept this letter in my absence as I have a prior enga�ement and could not attend the City of St. Paul Council Meeting on Wednesday, Mazch 26, 2003. Thank you for your time and attention to this matter. Sincerely, G� `�^� � �2r.� �r� 7ohn F. Cotroneo Cc: Council Member Lantry Council Member Harris Council Member Reiter Council Member Coleman Council Member Blakey Council Member Benanav CITY OF SAINT PAUL Rnndy C. Kelly. Afn}'o� February 20, 2003 Owner/Mana�er Minnehaha Tavem 735 White Bear Avenue I�'orth Saint Paul, Iv11� 55106 OFFICE OF THE CITX A"ITORNEY hfnnne! J. Ccnnntes, Ciq' A«arney p 0 6�� civit Dirisio�+ " 400Cit}�Hrt(( Telepkone:651266-8Jl0 ISiI'esrKelto3gBb�d. Fncsimile:651293-56/9 Snint Pmd, hlinnesorn 55/0? NOTICE OF VIOLATION RE: Liquor On-Sale License held by Minnehaha Tavern, Inc., d/b/a Minnehaha Tavem, for the premises located at 73� White Bear Avenue North in Saint Paul License ID �: 16187 Dear SirMadam: The Office of License Inspections and Environmental Protection has rzcommended adverse action a;ainst the On-Sale Liquor license held by Minnehaha Tavem, Inc., d/b/a Minnehaha Tavem, f or the premises located at %3� White Bear Avenue T'orh in Saint Paul. The basis for the recommendation is as follows: On February 8, 2003, Saint Paul police officers rr ere present at Minnehaha Tavern at 1:05 a.m. �tihen they obsen'ed the bartender set n 12 oz can of Miller Lite Beer nezt to hi� gla«- - open the beer, pour it in and drinl; it. Saint Paui Legislati� e � Code §409.07(a) prohibits tlie sale of alcohol after 1:00 a.m. and �409.07(c) prohibits the consumption or display of alcohol at anti• time �tihen the sale is uot permitted. `�' Th �Fl E' w A S �i}G SA L e� !✓o C✓5�me� /N �1cLr�' Since this is considered a first viola:ion, the licensing office will recor��mend a S500.00 fine, pursuant to St. Paui Le�islati� e Code §409.26. At this time you have three options on how to proceed: lf;�ou do not dispute the above facts and do not «ish to ha� e a puolic hearing, yoe will need to pay the recommended fine for this � iolation. If this is your choice, you should make payment directly to the Office of License, Inspections and Em iro:unental Protection, Room 300 Lo�vry Professional Buildin�, 350 Saint Peter Strzet, Saint Paul, Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the fine will be considered to be a wai��°r of the hearing to �vhich you are entitled. A:\-ADA-EEO Employcr Page 2 Minnehaha Tavem February 20, 2003 a� "�� 2. Altematively, if you do not dispute the above facts, but wish to have a public hearin� before the Saint Paul City Council, you will need to send me a letter tivith a statement admitting the violation and requesting a hearing by Monday, March 3, 2003. The matter wili then be scheduled before the City Council for a pubiic hearin� to detemiine �vhat penalty, if any, to impose. You �vill have an opportunity to appear before the Council and make a statement on your own behal: as to the penalty to be irnposed. If you do dispute the above facts, a hearing will be scheduled before an Administrative Law 7ud�e. At that hearin� both you and the City wiil be able to appear and present q�itnP�e<c� Pyiden�e, zr.d cro�s-�xi:ni::e i;,:, otiier's �vitnesses. The St. Paui Ciiy Councii will uitimately decide the case. Piease let me know in writing no later than Monday, March 3, 2003, how you wish to proceed. If you have not contacted me by Monday, March 3, 2003, I�till assume that you are not contesting the facts and will schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during rvuich no public discussion is allo�ti ed and the recommended penalty wiil be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, �/�� -� �� Vir�inia D. Palmer Assistant City Attorney ..... �iliSiit:•� ivZCi:� t�cjliiy' DIiCCLG* Ui :_llil Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Shernood Ave., St. Paul, MN 55119-3230 AA-ADA-EGO Employcr