The URL can be used to link to this page

03-327Council File # � � � � ��nsn�c# �003�3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Refened To C •��ii s-= �, - 1 WHEREAS, adverse acfion was initiated against the licenses held by Asian Cuisine LLC, 2 d/b/a Asian Cuisine for the premises located at 945 Rice Street in Saint Paul (I.icense ID# 3 20020002387) by Notice of Violation dated October 18, 2002 alleging a violation of offering 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Class B entertainment (patrons dancing) without the proper license; and WHEREAS, the matter was initially scheduled for hearing, but then canceled when parties agreed to attempt to negotiate a settlement; and �� WHEREAS, the Licensee and his attomey met with the Office of LIEP to discuss the various requirements of the wine and beer licenses, including the fact that food must be sold with both wine and beer; and WHEREAS, the Licensee was in the process of obtaining his Entertainment B license and it was issued in November of 2002; and WHEREAS, Licensee has agreed that three other violations, an October 20, 2002 report of patrons dancing without the appropriate Class B entertainment license, a November 27, 2002 report of serving wine without an accompanying food item and a December 15, 2002 report of serving beer without an accompanying food item, can be consolidated with this mater; and WHEREAS, the Office of LIEP has recommended a penalty of a fine of $1,000, with $500 of the fine being suspended for a period of eighteen months on the condition that there be no further violations; now, therefor be it 1 03-3�'1 2 RESOLVED, that the Licensee is hereby ordered to pay a fine of $1,000, with $500 of 3 the fine being suspended for a period of eighteen months on the condition that there be no further 4 violations in that period of time. The $500 shali be paid to the Office of LIEP within thirty days 5 of the adoprion of this Resolurion. DEPARTMENT/OFFICFJCOUIVCII,: DATE INITIATED GREEN SHEET No.• 200323 03 `3 �, LIEP March 20, 2003 ' 7 CONTACT PERSON & PHONE: INTIfAUDATE INI17AilDqTE Virginia Palmer (266-8710) � D�rna Dm. crrr couxcn. MUST BE ON COUNCII. AGENDA BY (DA7'E� �IGN _ CTTY ATTORNEY _ CITY CLERK FINANCIAL SERV DII2. FINANCIAL SERV/ACCTG A�IRI Z� Z003 �COT1SellY� FO�� MAYOR(ORASST.) _CIVII.SERVICECOMMISSION ROUTING ORDER TOTAL # OF SIGNATORE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE) acriox xEQuES�n: Adverse action against all licenses held by Asian Cuisine LLC d/b/a Asian Cuisine for the premises located at 945 Rice Street RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACI'S MIJST ANSWER THE FOLLON'ING QUES'fIONS: PLANNING COMMTSSION 1. Has this person/finn ever worked under a contract for this depaiVnent? CIB COMMITIEE Yes No CNII, SERVICE COMMISSION 2. Has this person/fiim ever been a ciTy employee7 Yes No 3. Dces this person/firm possess a skill no[ normally possessed by any curren[ city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INTTIATING PROBLEM, ISSUE, OPPOR'1'[INITY (Who, What, When, Where, Why): Asian Cuisine LLC d/b/a Asian Cuisine, has multiple violations for providing Class B entertaiument without an approved license, and serving wine and/or beer without an accompanying menu item. ADVANTAGESIFAPPROVED: � Council action necessary to enforce various license requirements to insure business activities correspond with license(s) obtained by the licensee. ' DISADVANTAGES IF AYPROVED: None. �1AR 2 4 2002 MAYOR'S OFF(CE � DISADVANTAGES IF NOT APPROVED: , City will have failed to insure proper license(s) obtained for the acrivity observed at the licensed establishment. TOTAL AMOUNT OF'CRANSACTION: $ COST/REVENi7E BUDGETED: F[7NDING SOURCE: ACTIVTTY NUMBER: FINANCIAL WFORMATION: (EXPLAIN) I\[15ERS�PANGBOAM�emsfiett- assagewptl � l�"'aYc�.�A��m� �J�i�Ie�l� �� 2�0� OFFICE OF THE CITY ATTORNEY O � .�� Marsuel J. Cervantes, Ciry Attorney CITY OF SAINT PAUL crv,rD�vu,an ', Rnndy C. Kelly, Mayor 400 Ciry Nal! Telephone: 651266-8710 �� IS Facsimile:657298-5619 Saint Paul, Minnuota 55701 i March 20, 2003 NOTICE OF COUNCIL MEETING Song Lo Fawcett Kelly & Fawcett, P.A. Attorneys at Law 2350 US Bancorp Piper Jaffray Plaza 444 Cedar Street Saint Paul, Minnesota 55101 RE: All Licenses heid by Asian Cuisine LLC d/b/a Asian Cuisine for the premises located at 945 Rice Street in Saint Paul License ID #: 20020002387 Dear Ms. Fawcett: Please take notice that this matter has now been set on the Consent Agenda for the Council meeting scheduled for 3:30 p.m., Wednesday, April 2, 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 matter in that the facts concerning the violations of providing Class B entertainment without an approved license and serving wine and/or beer without an accompanying menu item have not been denied. This matter has been placed on the consent agenda portion of the City Council meeting, during which no public discussion is allowed. As agreed upon between your client and LIEP, the recommendation ofthe license office is for a$1,000.00 fine with $500.00 ofthat fine suspended for a period of 18 months on the condition that there be no further violations. If you have any questions, please call me at 266-8710. V ery truly yours, -� �� ,�. , Virginia . Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, Deputy Director of LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN 55117-4920 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER 03-3�� Licensee Name: Address: Council Date: Violations Place: Asian Cuisine, LLC d/b/a Asian Cuisine 945 Rice Street Wednesday, April 2, 2003 1) October 5, 2002: providing Class B entertainment without an approved license 2) October 20, 2002: providing Class B entertainment without an approved license 3) November 27, 2002: serving wine without an accompanying menu item 4) December 15, 2002: serving beer without an accompanying menu item Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $1,000.00 fine with $500.00 of that fiine suspended for a period of eighteen months on the condition that there be no further violations. Attachments: 1. Proposed resolution 2. 1/31/03 letter from Song Lo Fawcett to Virginia Palmer 3. 1/3/03 letter from Virginia Palmer to Song Lo Fawcett 4. 12/15/02 Police Report CN 02-270-925 AA-ADA-EEO Employer 03 -3 �� 5. 11/27/02 Police Report CN 02-259-507 6. 10/20/02 Police Report CN 02-231-962 7. 10/5/02 Police Report CN 02-221-235 AA-ADA-EEO Employer Kellv & Fawcett P.A. A T T R N E Y S A T L A W 2350 US BANCORP PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MN 55101 PAIRICK 7. KELLY` SONG IA FAWCETC CH.4D D. LEMM0,7S"' ROBERT J. FONLER SARAHJ.SONSALLA DAVN L PALM LMDAKTHOMPSON January 31, 2003 Virginia D. Palmer Assistant City Attorney - C;vil Division City of Saint Paul 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 o� .3a� Of Counsel: GALLAGHER LAW F7RM (651) 2243781 Facsimi(e (65 q 223-8019 F.Mail: admin@kellyandfawcett.com RECEIVE� FEB 0 � 2��3 CITY A°�ORRfE� VIA FACSIMILE & U.S. MAIL RE: Asian Cuisine, LLC, d/b/a Asian Cuisine License ID #: 20020002387 Dear Ms. Palmer: � Please be advised that Asian Cuisine agrees with your proposal as outlined in your letter dated January 3, 2003. Please proceed with your recommendations. Also, you stated in your letter dated 7anuary 22, 2003 that there were two additional police reports with respect to Asian Cuisine serving alcohol without food. Please specify these reports and forward the documentation to my office. Finally, you should be aware of the following information. On Friday, 7anuary 24 four or five Saint Paul Police Officers entered Asian Cuisine, stating that theywere doing a routine check. They circled the restaurant, including the kitchen, and asked to speak with the owner. Mr. Winner Xiong ider.±ified hixnself as th Q�TJII.°.r 4�n, thP �,ff cers. ThA officPrs ask Mi. X?nng ? f he had a lic.ense to "sell liquor." Mr. Xiong showed the officers his wine and beer license and they left the restaurant. The next day, Saturday, January 26�', the same four or five officers again entered Asian Cuisine. They spoke with Mr. Xiong and told him that LIEP told them to come to the restaurant and write a report. The officers did not lrnow the subj ect of the report and would not discuss it further with Mr. Xiong. They told Mr. Xiong that he could expect to see them routinely. Mr. Xiong believes that Asian Cuisine is being harassed and tazgeted by the City. The frequent stops by the police officers also raise complications with Asian Cuisine's patrons in that the patrons are afraid to go to Asian Cuisine because of the perception that it is being "watched" by the police. Mr. * Also Admrtred in W�sconsin ** Res� Property I,aw Specialist, Certified by the Real Properiy Sect�on of the Minnesota S[ate Bar Association 03 - 3 a� Virginia Palmer Assistant City Attomey January 31, 2003 Page 2 of 2 Xiong understands the City's concerns for safety and patrolling the azea, however, the frequent visits by the police officers is begimiing to look like intentional targeting and mistreatment. I hope that this is not the case. I think it might be more productive for the two of us to meet on LIEP's expectations and my cfienYs concerns, than far the usual goup to gather at this point. Please call me. Respectfully yours, KELLY & AWCETT, P.A. � . `�c�� S � Lo a ett cc: Mr. Winner Xiong, Asian Cuisine OFFICE OF Tf� CIT'Y ATTORNEY Manuel J. Cervantes, CiryAttamey o3 �� CIT`Y OF SAINT PAUL R¢ndy C. Kellg bfayor Civil Divisian 400 Ciry Hal! I S West Kei(ogg B(vd Saint Paul, Minnesota 5570? Te[ephone: 651266-8710 Facsimi(e: 651 2985619 January 3, 2003 Ms. Song I,o Fawcett Kelly & Fawcett, PA 2350 U. S. Bancorp Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 RE: Asian Cuisine, LLC, d/b/a Asian Cuisine License ID #: 20020002387 Dear Ms. Fawcett: Thank you for meeting with the Office of L,IEP with your client regazding the current violations incurred by Asian Cuisine. At that time, there were three incidents which we discussed, and a fourth police report had just been brought to my attention. I am enclosing a copy of that report for your review. I am also enclosing a list of the establishments which were the subject of compliance checks on October 29, 2002, when Asian Cuisine was checked and passed. The November 27, 2002 incident was a follow-up to that compiiance check because the officer was asked how the liquor was served, but could not remember. He retumed to Asian Cuisine and at that time he was soid the wine without the required accompanying menu item. At the meeting, I indicated that I would be getting back to you with a proposal for handling these violations together. The violations which we propose to deal with at this time are: • October 5, 2002: providing Class B entertainment (patrons dancing) without the appropriate license • October 20, 2002: providing Class B entertainment (patrons dancing) without the appropriate license • November 27, 2002: serving wine without an accompanying menu item • December 15, 2002: serving beer without an accompanying menu item The recommendation of the Office of L1EP for this matter is for a fine of $1,000 with $500 suspended for a period of 18 months on the condition that there be no further violations. This matter still would need to go to Council as none of these are matrix items and therefore there is no penalty specified in the ordinance. As you know from the meeting, LIEP is extremely concerned about the fact that Asian AA-ADA-EEO Employer 03 •3 �,� �uisine appeazs to be operating more as a baz/nightclub than as a restaurant with entertainment. The wine and beer licenses are not like liquor licenses, and both require that the establishment serve food with the alcohol. The beer is an add-on to the wine license and it is not intended that an establishment with the more limited wine and beer licenses be able to operate as bazs. You have indicated that the city and your client need to a�ee on the details of the entertainment license to move forward. Although I'm not sure what details you refer to, my client would welcome another meeting to clarify the expectatians with respect to the licenses your ciient currently has. Please feel free to contact me to discuss this matter and schedule another meeting time at your convenience. Sincerely, ��C�u,cc`� \�`�1�"�c.,`ti � Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Kris Schweinler, Senior License Inspector AA-ADA-EEO Employer f. .. .. � Saint Paul Police Department Pa �� ORiGtNAL OFFENSE / INCIDENT REPORT 43 -3�.� Compfaint Number Reterence C.N. Primary oNense Date and Time of Repod a2-2�ag25 1NF0 TO LIEP 12/15/2002 00:05 PrimaryReporting otricer.' MICHAEL J LENARZ �ocason otincident945 R�CE ST Pnmary oflense detaiL' Primarysquad: 214 secondaryreporting officer. STEPHEN E LENTSCH Name of/ocation/business:qSIAN CUISINE Date & time ofoccurence:12/15/20 0_2 p-� oistnct CENTR.4L ( CENTRAL DISTRICT ) Secondary oHense: Anest made? Date & 6me ota�rest POLICE PERSONNEL INVOLVED - Ar�est made on view: Anest made on wanant or p�evious CN: Weapons used by police: Weapons used by susped at time of anest: Pursuit engaged: Resistance encounte�ed: CHARGES (NONE) NA M ES OWNER XfONG, WiNNERBOUAYENG 2634KNOXAV MINNEAPOLIS MN 55411 Physical Descripfion phones sex MAl E Height Hair color Home hone 612 529 5D7 Race ASIAN Weight Hispanic Build 17oe 01/02l1967 sldn Age 35 HairType HairLength Fada1 Hair P - - 4 Wo�k phone 651-489-2256 Physical Condition Employment ( Consaousness . Occupa6on RESTURANT OWNER � Orucyalcoholuse UNKNOWN Employer SELF CRIME SCENE DESCRIPTORS Crime Scene Type OFFICE/COMMERCIAL oescnptlon RESTAURANT Method 8 Point ofEnUy Force used NOT FORCED Point of entry Method C VEHICLE INFORMATION (NONE) „ .......................... ..... SZ60LZZ0 � U��, �� IIIIIIII IIIIIIIIII IIIII lillllllll IIlII liiil IIIIIII i`� �� ,*..fi �" �-� y YPii E ComplaintNumber 02-270925 Saint Paul Police Department Page , ORIGINAL OFFENSE / INCIDENT REPORT o� .3 �� Reference C.N. Primaryolfense Date artd Time of Report " INFO TO LIEP 12/15/2002 00:05 PnmaryReporting oJficer. MICHAEL J LENARZ LocaSon ofincident945 RICE ST Primary alfense detaiY. Primary squad: 214 secondaryreportingolficer.STEPHEN ELENTSCH Districe CEN7RAL ( CENTRAL DISTRICT ) Secondary olfense: Name o//ocationibusness:ASIAN CUISINE Date 8 Sme ofoccu�ence: � 2/� 5/20Q2 00:05 Anest made? Date 8 Sme otanesf.' POLICE PERSONNEL INVOLVED � Anestmade on view: A/rest made on wanant o� previous CN: Weapons used by pofice: Weapons used by suspect at time of anest Pursuit engaged: Re.vstance encountered: CHARGES (NONE) NAMES OWNER XIONG, WINNER BOUA YENG 2634 KNOX AV N MINNEAPOLIS MN 55411 . Physical Description Phones Sex MALE Height Hair co�or Hot»e phone 612-529-5074 Race ASIAN Weight Hispanic Build DOB 01/02/1967 Skin Age 35 Hai� Type HairLength Fada! Hair Workphone 651-489-2256 Physical Condition Employment Consdousness Occupa6on RESTURANT OWNER Drucyalcohol use UNKNOWN Emp/oye� SELF CRIME SCENE DESCRIPTORS Crime Scene Type OFFICE/COMMERCIAL Descdption RESTAUR,4NT Method 8 Poinf ofEntry Forceused NOTFORCED Point ofentry Method � VEHICLE INFORMATION (NONE) � �n` � �lit�� -� . rez*sE Saint Paui Police Department Page 2 ORIGINAL OFFENSE / INCIDENT REPORT o�•3a� GomplaintNamber ReferenceC.N. 02-270925 Can sosped be iden6fied? Crime scene processed? Photos taken? Pnmary offense INFO TO LIEP Can be idenff6ed by Evidence tumed in? k stolen property traceable7 Piopertytumedin? PUBLIC NARRATIVE PPV AT THE A51AN CUISINE RESTAURANT. NARRATIVE OFFICER LENTSCH AND I OFFICER LENARZ (SQUAD 214) ASSISTED SQUAD 202 SGT. RADKE ON A BAR CHECK AT 945 RICE ST. (ASIAN CUISINE RESTAURANT) WE pARKED OUR SQUADS AND Ag WE WEgg yV,q��G Up TO THE BAR WE �pUL,D HE� D�CE MUSIC CLEARLY �OM THE STREET. THERE WERE ALSp NUMgROUS PEOPLE STANDING ON THE SIDEWALK BY THE ENTRANCB TO THE RESTAiTRANT. WHEN WE AppROACHED THE ENTRANCE THER& WAS A SIGN ON THE FRONT DOOR STATAIG THERE WAS A$5.00 COVER CHARGE TO ENTER THE RESTAURANT. . WE ENTERED THE RESTAURANT AND COULD SEE APpROX 150 - 200 PEOPLE IN THE RESTAURANT OF WHICH APPROX 75 WERE DANCING. WE ASKED A WAITRESS IF SHE WOULD GO GET THE OWNER FOR US SO WE COULD TALK TO HIM SHE SAID SHE WOULD. A MAN CAME OVER TO US SAYING THAT Hb WAS THE OWNER. HE IDfiNTIFIED HTMSELF WITH A MN PIC D.L. AS XIONG, WINN&R BOUA YENG A/M, DOB: Ol/02/1967 Home phone 612-529-5074 Work phone 651-489-2256 2634 KNOX AV N, MINNEAPOLIS, MN 55411. AS WE WERE TALKING TO XIONG WE NOTICED THAT THERE W&gE gEER BOTTLES AT ALMOST EVERY TABLE AND THERE WAS NO FOOD SERVED. SGT. RADKE ASKED XIONG IF HE WAS SUPPOSED TO RUNNING HIS RESTAURANT' AS A BAR. }�pNG SAID HE HAD A LICENSE. SGT RADI{E TOLD XIONG THAT HE I{NEW THAT HE HAD A LICENSE BUT IT WAS OUR UNDERSTANDING THAT HE WAS TO BE RUNIdING A RESTAURANT NOT A NIGHT CLUB. XIONG SAID THAT HE COULD HAVE MUSIC, DANCING AND SERVE ALCOHOL AS LONG AS HE WAS SERVING FOOD. WE ASKED IF HE WAS SERVING FOOD AN7� HE gqID YES. WE LOOKED AROUND AT THE TABLE AND ALL WE COULD SEE BEING SERVED WAS ALCOHOLIC BEVERAGE NO FOOD. WE COBLD SEE THAT XIONG HAD TWO ENTERTAINERS PLAYING LOUD MUSIC. WE ASKED ABOUT THE MUSIC AND XIONG SAID THEY WEgE CELEBRATING THE HMONG NEW YEAR. WE TOLD XIONG THAT WE WOULD BE WRI'I'ING A REPORT. XIONG SAID HE UNDERSTOOD. AT THIS POINT WE CLEARED THE SCENE. Please distribute to: _CHF Hom Rob Sex CO _D/C _Burg _Rptr _Vice _Iuv _Oper _Theft _Prop _Narco SIU _PSC CAU T&A _Lxb _F&F Other Date and Tme of Repat 12/15/2002 00:05 _Rec Team _Auro AO � � ` p Saint Paul Police Department Page 1 � a-�° ORIGINAL OFFENSE / INCiDENT REPORT O Complaint Numbe� Re%rence C.N. PAmary o8ense -. ... _ _ Date and Time o/RepoJt 02-259507 LIQUOR LAWS, VIOLATION 11/27%2002 16:40 PnmaryReporting ofricer. RICHARD L WACHAL Pnmary oNense detad: Pnmarysquad: ]92 Secondary reporting officer. �rstnct CENTRAL ( SIU/NARCOTICSNICE ) Secondary o(/ense: Location ofincident: 945 RICE ST N Name oflocatiorubusiness: ASIAN CUISINE Date 8 time ofoccurence: � �/2�/2002 15:45 Anest made? Date 8 Gme of arrest POLICE PERSONNEL INVOLVED A�rest made on view: Pursuit engaged: Anest made on warrant or previous CN: Weapons used by police: Weapons used by suspect at time of anest: Resistance encountered: CHARGES � Name XIONG, MAI THAO charge VIO OF WINE LICENS Cita6on number 902-283538 Warrant number Booking # Booking time 10:39 Charge CN 02259507 Wananttype NAMES TAGGED PERSON XIONG, MAI THAO 2634 KNOX AV MINNEAPOLIS MN 55417 Physical DescripUon Phones Sex FEMALE Height HairColo� Wo�k phOne 651-489-2256 Race qSIAN Hispanic �oe 12/31/1967 Age 34 Physical CondiGon Conscioasness Drug/alcohol use Employei qS�AN CUISINE CRIME SCENE DESCRIPTORS LOS6SZZC �� Weight ya6 ryPe 0 Build HairLength �-' Skin FacialHair � � � Employment G � � Occupa6on SERVER � ArrestStatus CITED eooking date � y03/2002 Bai! Ongina6ng agency .� f�c c rx N� �� C O- e�� U l C£—�— � ' Saint Paul Police Department Page 2 ORIG1(VAL OFFENSE / INCIDENT REPORT o3-3�ry ComplaintNum6er Reierence C.N. Pnmary oflense Date antl.Time ofReport 02-259507 LIQUOR LAWS, VIOLATION 11/27/2002 16:40 Crime Scene Melhod 8 Poinf ofEnW 7ype RETAIL Descrip5cn Fo�ce used NOT FORCED Point o/ entry Method PROPERTY (NONE) VEHICLE INFORMATION (NONE) SOLVABILITY FACTORS Can saspect be iden6fied? Can be iden6fied by Come scene processed? Photos faken? Evidence tumed irt? property haceable? Property tumed in? PUBLIC NARRATIVE Illegal saie of wine. Violation of establishmenYs liquor license. Arresl # Name Address DOB Age Race Sex XIONG, MAI THAO 2634 KNOX AV N, MINNEAPOLIS, MN 55411 '12/31/1967 34 A F NARRATIVE Squad 792 conducted a premise check to determine the compliance of the Asian Cuisine restaurant located at 945 Rice St. The check was to determine whether the establishment would violate the provision on their license requiring the sale of wine/beer to be along with food. I entered the premise in plain clothes with a tape recorder running, sat down at a booth and ordered a glass of wine. I told her I was not going to order any food. I was the only customer. The server, Xiong, Mai Thao provided me with a menu. i read the wine menu that was already on the table and selected a glass of White Zinfandel by pointing to the glass of it pictured on the wine menu. Xiong stated that she would check to see if they had enough. She returned a few minutes later with a bottle of Gossamer Bay White Zinfandel 2000 187 ml that was cold to the touch and still sealed. I noticed that the price from the menu was $3. I gave her the money from my wallet. She took it with her and walked toward the cash register. I told her to come back to my table. I recovered my 53. and told Xiong and two others of the violation of selling wine/beer without a food order. Xiong said I never ordered food with the wine. I told her that that was the point. She was supposed to not sefl it to me without a food order. A sale of a soft drink would have been appropriate. One of the other women said it was Xiong's first day on the job. Another woman that was present understood the law on this. The ownerwas not present . The women were told to let that person know of the violation. Xiong was ID by her MN DL # X-520-576-792-998 at the scene. She was toid of a citation coming in the mail. I issued her citation # 902-283538 and sent it to Xiong's home in Minneapolis. It should be noted that our conversation in the establisment was recorded and is avafabie for review. Please distribute to: _CHF _Hom _Rob _Sex _D/C _Burg _CO _Rptr _Vice _Juv _Oper _Theft _Prop _Narco _SIU _PSC _CAU T8A ,_Lab _Rec ,_Team _F&F _Auto _DAO _Other � -`_�=. /'I u— . � Saint Paul Police Department Page of, _� PUBLIC OFFENSE / INCIDENT REPORT o3•3�� ComplaintNumber Reference C.N. Pnmary Offense Date and Time ofReport 02-259507 LIQUOR LAWS, VIOLATION 11/27/2002 16:40 PnmaryReportingoNicer. ��CHARD L WACHAL Pnmarysquad:" 792 Secondary reporting affice� Distnct CENTRAL ( SIU/NARCOTICSNICE ) Secondaryoffense: LocaSon ofincident 945 RICE ST N Name otloca6o�vbusiness: ASIAN CUISINE Date & 6me of occure�ce: '� �/27/2002 15:45 Anest made? Date & Gme of arrest POLICE PERSONNEL INVOLVED Anest made on view: Pursuit engaged: Arrest made on warrant or previous CN: Weapons used by police: Weapons used by suspect at 6me ot anest: CHARGES Name XIONG, MAI THAO Charge VIOL OF WINE LICENSE Cita6onnumber g02-283538 Wanantnumbe� Booking iF Booking lime '� 0:39 Charge CN 02259507 Warrant type NAMES (NONE) PUBLIC NARRATIVE ArfestStatus CITED Booking date 12/03/2002 Bail Ongina5ng agency Iflegai safe of wine. Viofation of establishmenYs iiquor license. --------�— l0 '�b? �--��-�----�`,I._N�S_�S(20_`L�iD _�S�x9��WFn+°i' __` � '-1S _� LCe_ _ J ' r = - � t--- � �----- ---��A� i,LLtSw�F �ES"i11U,�k1T1T Wl'l�R S�'T- - ln��s_�c.,�__ la —_--- — --- D.ls�cLd�nf@€,—�,S�--C.�PA,t-c.D .l�f --t-Q'`-S?---Yatits�e__C.SYuinrz. _t�ecSwt �__�E'gitau,_,k,.T ----- ---�� -�_Ch-��}ff ttOK.lwt�"?-�t_ Sb G+h±-S �_i42 �lo _Ln1 `[}�_ 4D� ,---`L� WLl.LSrG. -- CUU W _ � _}ti,'1�i.k2_ -"�� --- L? .� t<0_C' k_ _ - -------- — - - - - ---- - -- - --- --- - - - --� --1,�. E�?L,2�_-� --,ct� ��.Er�z-- �--�r_4„?_ ��U 1'�E__Dr1�1�cu? -�"�`�--� -� �'-=--- — --_��-�?�--fs�Y��¢-S. 1,��`�€- -D�fn51G�r.sz,...__$_ _.rrnL�?o--6tm---l�s� —I�stcc`b_€sn. �----- -----� A,�. }hr3� -- W''1 -��`�'---�'€- ��'t't -.-�i�l�_� D_F)v'"'l�z�?.�tyuSr �6_ 143__J�JnLwA�-__----- —__��.�C16�?G.��1�u�__�.�1�2�So:1-t-2Sv3!-t--�x V�/E__IJ.�t_S!�_Fi"_3_--�'`J-5-S`!tS_S_lci2.=--- ---!^�-�Y-�2-k'�a�i�_lF_.�r.__{t�o _.W__�(G,LCa`� _�tCtivsc --l�,J�? --l-k Si�t�_'R� --1�c.---._-- « 4 ---- �- a�ti�--- Sa�-u � N?.--�,°-°-"-'� -�---�?� �rn_��ea �R�r.s�s--- --� � ��, �--- -- ---�-i'r`b6„f ��-E 1)ic-�-E .� V1 -Pft2T-�--� �fC.�_t�--_P1�T'1.,_ �Cibw�— - --- _Sn� st%G.au,� ` ��C�cF-- =�-D---� ��--��so-� 'i�i�.�_- ° Z ---I,�b�.tu� —�`-!� --?�i�m_e -- ��_��Na? _i�� u��.c�_p�_ � —St3� � � t•sL� -- � -- ��—s�t.T_-�.. t�iC�="v_?`- --- Emp. No.: Yes CHF ❑ Hom ❑ Rob ❑JUV ❑ Coord ❑ ID ❑ Lab�"R c�Tae D/C ❑ Burg ❑ Theft ❑ Prop ❑ CAU � FSF � Auto ❑ DAO [ CO ] No I ❑ Sex ❑ Rph ❑ HumServ Other � /t"�s ,.�? \� � Y ` id G N _ � _ �.' -- � -- S r% l� PM 621 •92R ��,.//� i ST. PAUL POLICE DEPARTMENT O3 � Pnge ot�_ GENER61_ REPnRT - L--r L /1 L � � � _":�±� - Saint Paul Police Depa�;meni - TESTING PURPOSES ONLY Page , SUPPLEMENTAL OFFENSE 1 WCIDENT REPORT - ��' 3 a� Complaint Mumber Reference C.N. Date and Time of Repor 02221235 10/05/2002 23:33 Pnmary offense r '� Li PrimaryRepotingOlficer. shawn campbell Nameoflocation/business: Pnmarysquad: 207 Locaffon ofincident: 945 RICE ST Apt# A St Paul MN 55101 Secondary reporting o(ficer. Distnct: Central Date 8 Gme otoccurence: 10/OS/2002 23:33 to 10/06/2002 23:47 Site: Secondary offense: Anest made? I�0 AttemptOnly rJp Appears to be Gang Relafed rJ0 Pol�ceOfficerAssualfedorin�uied NO Police0(ficerAssistedSmcide NO NAMES Other WINNER XIONG - . .. .----_ ------ Requested NON-PUBIIC St Paul Nicknames orAliases WI►I Oecupation OWNER OF ASIAN COUSINE Employer Details Phones Empl Sex Male Home (�_ occupahon OWNER OF ASIAN COUSINE Race ASi8f1 Work ( � - Employe� Hispanic NO Cefl ( � - Identifica(ion DOB �/2/6] Fax � � _ SSN: _ _ Agegs irom to Contact (651)489-2256 Licenseo�ID» Pager ( � _ License Stafe CRIME SCENE DESCR4PTORS Crime Scene Me thod 8 Po�nf of Eniry Pioce55ed (�O Farce used Np Type Po�nt of entry DescnpGort r Methad � Hidlnside N� l �J y � . � �_ � � _ � ` ' __% y � ... iyy'. .. \ "�� "'� Saint Paul Police Depa�trnent - TESTING PURPOSES ONLY Page z SUPPLEMENTAL OFFENSE / INCIDENT REPORT � a -3 �? Complaint Number Re/erence C_N. Date ar,d T�me o/ Report 02221235 10/0512002 23:33 Pnmary o7fense S uspect can be lden6fied NO PhotosTaken NO EvidenceTumedln �f0 La6 BiologicalAnalysis NO Narco6cAnalysis NO Lab Comments By Stolen Property Tracea6/e NO P�opertyTurnedln NO Finge�pnnts Taken NO ltemsFmgerpnnted NO NARRATIVE � L._., 3 /".L SQD 207 (SGT. S. CAMPBELL) WHILE ON TOUR NOTICED THAT THE ASIAN.CQUSfL�LE AT 945 RICE ST., HAD AN UNUS�AL AMOUNT OF VEHfCLES PARKED 1N THE LOT. I WAS MY UNDERSTANDING THAT THE ESTABLISHMENT WAS A RESTAURANT. HOWEVER, UPON ENTERING I SAW THE ESTABLISHMENT SET UP AS A DANCE HALL WITH A DJ AND ALCOHOL BEING SERVED. THIS IS NOT THE FIRS7 TIME, I HAVE NOTICED SUCH A SET UP. USUALLY ON WEEKENDS IT APPEARS AS THOUGH WEDDING RECEPTIONS ARE BEING HELD. ON 10-04-02 SGT. MCCARTY DID A PREMISE CHECK AND fVOTICED SIMI�AR SET UP. f SPOKE WITH THE OWNER-WINNER XIONG AND ASKED IF HE HAD A LICENSE TO SELL ALCOHOL, HE STATED HE DID. IT APPEARED TO BE APPROX. 100 PLUS PEOPLE IN THE RESTAURANT. WHEN ASKED IF HE HAD SECURITY, HE REPLIED NO, AND STATED HE WOULD BY NEXT WEEKEND. HE ALSO STATED ANOTHER ASIAN CLUB CLOSED AND HE WAS PROVIDING A PLACE FOR PEOPLE TO GO. I WAS UNABLE TO VERIFY HIS ALCOHOL OR CAPACITY LICENSE, DUE TO THE FACT i WAS CALLED AWAY ON A CALL. FORWARD A COPY TO LIEP FOR REVIEW. PUBLIC NARRATIVE INFO REPORT TO LIEP. Please distribute to: L.I.E.P. / FORCE _CHF ,Hom ,Rob Juv _Sex _D/C _Burg _Theft _CO _Rptr _Vice Nazco _Oper _PSC _Lab _Prop CAU F&F _SIU _T&A _Other Rec _Tearn Au[o �DAO �, _ . �f .� May 16, 2003 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 TELEPHONE:(612)341-7600 TTY:(6'12)341-7346 Don Luna, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 d3-3a� RECEI�EC� �Y 19 2003 CITY CLERK RE: In the Matter of All Licenses held by Asian Cuisine LLC, d/b/a Asian Cuisine for the premises located at 945 Rice Street in St. Paul; License ID #:20020002387; OAH Docket No. 15-6020-15153-3 Dear Mr. Luna: I have received a letter dated May 14, 2003 from Peter Pangborn notifying me that this matter has been resolved. Accordingly I am closing our file and returning the record to you. Sincerely, ��.q°.�° � BEVERLY JONES HEYDING R � Administrative Law Judge Telephone: 612/341-7606 BJH:cr Encl. cc: Virginia D. Palmer Song Lo Fawcett, Esq. Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlement Division Facsimile: (612) 349-2665 Facsimile: (612) 349-2691 Facsimile: (612) 349-2634 CITY OF SAINT PAUL R¢ndy C. Ke[[y, Mayor May 14, 2003 Administrative Law Judge Beverly Jones Heydinger Office of Administrarive Hearings 100 Washington Squaze, Suite 1700 Minneapolis, MN 55401 �� , � �'• y-a ; �� y' Y � � / / �� ~� N � t Q s�G � c" � RE: All Licenses held by Asian Cuisine LLC d/b/a Asian Cuisine for the premises located at 945 Rice Street in Saint Paui License ID #: 20020002387 OAH Docket No. 15-6020-15153-3 Dear Judge Heydinger: This letter is to update you on the status ofthe City of Saint Paui's adverse action against the business licenses held by Asian Cuisine. The licensee and the City have negoriated a settlement in this matter. The City has agreed to consolidate the three violations that were the basis for the adverse action, in exchange the licensee has paid a fine and has applied for the appropriate license. The matter is now resolved. You may close out your file on this matter. If you have any questions, please don't hesitate to contact me at 651-266-8776. Sincerely, / � , / _. � �G�� Peter P. Pangborn Legal Assistant AA-ADA-EEO Employer OFFICE OF THE CITY ATTORNEY V ° / ��/ Manuel J. Cervantes, CiryAttorney CivilDivision 400CityHa11 Telephorse:657166-87I0 ISWestKe[IoggBlvd. Facsimile:651298-5619 Sainf Paul, Minnesota SSIO2 � � �.� Q : z � _ ; �.� OFFICE OF THE CITY ATTORNEY MarsuelJ. Cervantu, CiryAltorney �3-3 a.� ITY OF SAINT-PAUL �;,;-- c�HrDrvrsron Rand�CKe11�,Ma�or - " ��Y Y Y 1 400 City Nall - ��, -, ISWestKelloggBlvd. ' Sain! Paul, Minnuota 55102 i December 9, 2002 NOTICE OF CANCELED HEARING Song Lo Fawcett Kelly & Fawcett, P.A. Attomeys at Law 2350 US Bancorp Piper Jaffray Plaza 444 Cedaz Street Saint Paul, Minnesota 55101 Telephone: 651266-87l0 Faaimile: 657 298-5619 RE: All Licenses held by Asian Cuisine LLC d/b/a Asian Cuisine for the premises located at 945 Rice Street in Saint Paul License ID #: 20020002387 Dear Ms. Fawcett: Since the parties have entered into a discussion to resolve the issues raised in the City's October 18, 2002 Notice of Violation letter, we have canceled the administrative hearing that was scheduled for Tuesday, December 10, 2002. We have notified Administrative Law 7udge Beverly Jones Heydinger and requested that the matter be continued indefinitely. If you have any questions, you can call me at 266-8710. V ery trul_y yo'�rs, �r/� � ��,�., Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office ofAdministrative Hearings, 100 Washington Square, Suite 1700, Mpis, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, NIN 55117-4920 AA-ADA-EEO Employer , ,. OFFICE OF THE CITY ATTORNEY Manuel J. Cervaues, City Attorney `- .. �. : y � i .._ J o3-3a� CITY OF SAINT PAIJL � > �•� , -,_, �: .CivilDivision Randy C. Kel[y, Mayor "° �-�`� F i � .�4pp Ciry Hall 7elephone: 651166-8710 _ - L ; �;� �,,�_ lSWestKelloggBlvd. Facsimile: 651298-56l9 � � � `� � ' �H : 9 L Sain7 Paul, Minnuom i5102 i;Crii;i3:�JJ November 8, 2002 NOTICE OF HEARING Owner/Manager Asian Cuisine 945 Rice Street, Ste A Saint Paul, Minnesota 55117 RE: All Licenses held by Asian Cuisine LLC d/b/a Asian Cuisine for the premises located at 945 Rice Street in Saint Paul License ID #: 20020002387 Dear Sir/Madam: Please take notice that a hearing will be held at the foitowing time, date and place concerning all licenses for the premises identified above: Date: Tuesday, December 10, 2002 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Keilogg Blvd. St. Paul, MN. 55102 Th� hear;ng wi:i oe presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Beverly Jones Heydinger Offce of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7606 AA-ADA-EEO Employer �3-3a� 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 you hold at the above premises as follows: On October 5, 2002, a Saint Paul Police Officer observed that there was a DJ playing music for restaurant patrons to dance. You have not met the requirements for issuance of a Class B entertainment license and are not authorized to offer entertainment until such a license has been issued. At this time you still have aot met the petition requirements. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties adentify themselves for the record. The City will then present its wimesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attomey may cross-examine. The Administrative Law Judge inay in addition heaz relevant and material testimony from persons not presented as witnesses by either pariy who have a substantial interest in the outcome of the proceeding; for example, the owners ar 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. You should bring to the hearing all docume*ets, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 If you have any questions, you can call me at 266-8710. Very truly yours, �/ z�� i �� Virginia D. Palmer Assistant City Attorney 0 3 cc: DianeNordstrom, Office ofAdministrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN 55117-4920 Notice of Hearing - Page 3 � 03 �a� �� STATE OF MIlVNESOTA � ep . � OFFICE OF ADMII�IISTRATNE HEARINGS ' HEARING SUBPOENA -�....;� TO: Sgt. Shawn Campbell St. Paul Police Department 100 E. 11 ih Street St. Paul, MN 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Beverly Jones Heydinger of the Office of Administrative Hearings of the State of Minnesota, at Room 42, St. Paul city Hall, 15 West Kellogg Boulevard, in the City of St. Paul, Ramsey County, Minnesota, on the 10�' day of December, 2002 at 9:30 o'clock in the forenoon, to appear as a witness in the matter of All Licenses Held bv Asian Cuisine LLC d/b/a Asian Cuisine for the premises located at 945 Rice Street in St. Paul; License ID #20020002387; OAH Docket No. 15- 6020-15153-3 Pursuant to the authority granted at Minn. Stat. § 14.51, to the Honorable Kenneth A. Nickolai, Chief Administrative Law Judge, at Minneapolis, Minnesota this 13` day of November, 2002. ��,,. �� 7 � �, GG/c:l KED NETH A. NICKO i Chief Administrative L Judge 612/341-7600 Subpoena requested by: Virginia Palmer, 651-298-5619. STATE OF MINNESOTA �` OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2738 November 13, 2002 Virginia Palmer Assistant City Attorney Civil Division 15 W. Kellogg Blvd., Suite 400 St. Paul, MN 55102 RE: In the Matter of All Licenses Held by Asian Cuisine LLC d/b/a Asian Cuisine for the premises located at 945 Rice Street in St. Paul; License ID #20020002387; OAH Docket No. 15-6020-15153-3 Dear Ms. Palmer: Pursuant to your letter of November 8, 2002, please find enclosed the original and one copy of the subpoena you requested in the above matter. Sincerely, �� BEVERLY ES HEYDING � Administrative Law Judge Te lephone: 612/341-7606 BJH:cr Encl. Providing Impartial Hearings 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 ' � � �� @ t�� CITY OF SAINT PAUL Randy C. Kel[y, Mayor November 8, 2002 OFFICE OF THE CITY ATTORNEY Martuel J. Cervanfes, Ciry Attorney � 2�� ^ <J a� J CIV(L]�(V%SLOn 400 City Ha([ Telephone: 657 266-8770 ISWest%UoggBlvd Facsimde:651298-56I9 Saint Pnul, Minnesom 55702 SENT VIA FAX AND U.S. MAIL Judge Beverly J. Heydinger Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401-2138 RE: December 10, 2002 Administrative Hearing - Asian Cuisine Dear Judge Heydinger: ;�: _=, _ �- ` -', �, �'� �.' _- -'� r 4 = =" ; �y � �.^ -" � � G ._ ;� � ca The purpose of this letter is to request a subpoena pursuant to Minnesota Rules, part 1400.7000 relating to the above-menrioned contested case hearing that is scheduled to be heard before you on Tuesday, December 10, 2002. This request is made on behalf of Ms. Virginia Palmer, the attorney assigned to this matter. The City of St. Paullicensing division will be calling this witness to testify regarding the incidents which serve as the basis for the action against the owner of the Asian Cuisine. In order to ensure that this individual will be in attendance to testify, the City of St. Paul requests from the State Office of Administrative Hearings a subpoena for the foilowing individual: 1. Sgt. Shawn Campbell St. Paul Police Department 200 East ll` Street Saint Paul, Minnesota 55101 The hearing is scheduled to start at 9:30 a.m. on Tuesday, December 10, 2002, in Room 42, St. Paul City Hall, 15 West Kellogg Boulevazd, St. Paul, MN 55102. If you need additional information or have any questions regarding this request, please do not hesitate to call me at 266-8776. Thank you for your consideration in this matter. Sinc rely; � � ( � f �� Peter P. Pangborn Legal Assistant AA-ADA-EEO Employer