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03-329� 1 1 Council File # � J• q Green Sheet # a �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date �� 1 WHEREAS, adverse action was initiated against the licenses held by SD Ray Inc., d/b/a 2 Scott's Place for the premises located at I178 Arcade Street in Saint Paul (License ID# 3 19990001984) by Notice of Violauon dated December 20, 2002, alleging violations of the 4 conditions placed on the license from dates of November 4, 2002, November 10, 2002 and 5 November 25, 2002; and WHEREAS, Licensee had initially requested a hearing on the allegations before an 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Administrative Law Judge; and WHEREAS, the Saint Paui City Council imposed a sixty day suspension of the licenses held by SD Ray, Inc., d/b/a ScotY s Place under Council File #03-207 for subsequent violations which were not contested by the Licensee; and WHEREAS, Licensee is now willing to admit to the violations contained in the December 20, 2002 Notice of Violation on the understanding that the Office of LIEP recommends an additional fifteen-day suspension of the licenses, to be added to the end of the current suspension period, which would result in a total closure of seventy-five days; and WHEREAS, the Council agrees that this is an appropriate penalty for the three violations, which pre-date the matters covered in Councii File #03-207 and accepts the Stipulation of Settlement of Adverse Action dated March 13, 2003, a copy of which is incorporated herein by reference; now therefore be it � z 3 4 5 6 7 8 9 10 11 03-3�, RESOLVED, that the licenses held by SD Ray Inc., d!b/a Scott's Place for the premises located at 1178 Arcade Street in Saint Paul (License ID # 19990001984) aze hereby suspended for a period of fifteen (15) days. Said closure shall immediately follow the current suspension under Council File # 03-207, and shall commence at 12:01 a.m. on Sunday, May 18, 2003 and shall continue until 11:59 p.m. on Sunday, June 1, 2003. DEPARTMENT/OFFICE/COUNCII,: DATE INTTIATED GREEN SHEET No.• 200321 LIEP March 18, 2003 ' a� V�3 al CONTACT PERSON & PHONE: INITTAI-�DATE �v�TIALDAT'E Virginia Palmer (266-8710) � DEPARTMENT DIIL crrv covrtcn. M[JST BE ON COUNCII. AGENDA BY (DATE) `�I '� — CIIY ATCORNEY _ CITY CI.F.RK FINANCIAL SERV DIlL FINANCIAL SERV/ACC'I'G Apri12, 2003 (consent) gOg B � _MAYOR (OR ASST.) _ CIVI[, SERVICE COMMISSION RO[7TING ORDER TOTAL # OF SIGNAT[JRE PAGES _(CLIP ALL LOCATIONS FOR SIGNATUItE) acrioN xEQuES�n: Adverse acrion against the licenses held by SD Ray, Inc. d/b/a Scott's Place, located at 1178 Arcade Street RECOMMENDATfONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MOST ANSWER TIIE FOLLOWING QUESTIONS: PLANNA]G COMMISSION 1. Has this person/firm ever worked under a con4ac[ for this departrnent? CIB COMMITTEE Yes No CNII, SERVICE COMMISSION 2. Has this person/firm ever been a ciry employee? Yes No 3. Dces this person/finn possess a skill not normalty possessed by any curtent city emp7oyee? Yes No Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNII'Y (Whq Whay When, Where, Why): SD Ray, Inc. d/b/a Scott's Place had multiple violations of their license conditions on November 4, 2002; November 10, 2002; and November 25, 2002. ADVANTAGES IF APPROVED: Council action necessary to enfarce the license conditions, to respond to neighborhood complaints, and to help secure the safety of patrons and local residents. DISADVANTAGES IF APPROVED: RECEIV None. 1ulAR 2 ¢ 2002 MAYOR'S OFFICE DISADVANTAGES IF NOT APPROVED: No penalty will be imposed for violating license conditions, disruption to local residence will continue, and increase in violence in the neighborhood. TOTAL AMOUNT OF TRANSACITON: $ COST/REVENUE BUDGETED: F[JNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) f F�Sue :�i.! k `W+�,'•i n(G� i\USSRS�PANGBORMgremsM1ea-ticwndiriorswpd m. F�GATd S`t A@41a'. �'b�"� �J a.Y bSi:Ea9 o3-3aq STIPULATION OF SETTLEMENT OF ADVERSE ACTION WHEREAS, adverse acrion was iniUated against the licenses held by SD Ray, Inc., d/b/a Scott's Place (License ID#: 19990001984) by Notice of Violation dated December 20, 2002, alleging violations of the conditions placed on the license from dates of November 4, 2002, November 10, 2002 and November 25, 2002; and WI�REAS, the licensee had requested a hearing before an Administrative Law Judge on the violations, and that hearing was scheduled for March 11, 2003; and WHEREAS, the licensee received two other Notices of Violations, dated January 8, 2003, and January 29, 2003, which contained allegations of other violations of conditions after the 3ates listed above, ar.d to which he never responded; and WHEREAS, the City Council imposed a sixty day suspension of the licenses for the later violations under Council File #03-207, which is to run from 12:01 a.m. on March 19, 2003 through 11:59 p.m. on Saturday, May 17, 2003; and WHEREAS, Licensee does not intend to reopen his business and is in the process of selling it, but does wish to prevent the license from being revoked; and WHEREAS, Licensee is willing to admit to the violations contained in the December 20, 2002 Notice of Violation in retum for which the Office of LIEP would recommend an additional fifteen-day suspension of the licenses, to be added to the end of the cunent suspension period, which would result in a total closure of seventy-five days; and WHEREAS, parties wish to resolve this matter as set forth, but agree that if the Council wishes to depart from the recommendation that Licensee would be entitled to a hearing to dispute the violations and the appropriateness of the penalty; now, therefore, parties agree as follows: 1) That the Licensee admits to the violations listed in the Notice of Violation dated December 20, 2002, specifically that 1) on November 4, 2002, patrons entered the premises at :2:53 a.m. ir. violatiar. af a condition on the license which prohibits people from entering after 12:30 am.; 2) on November 10, 2002, patrons were allowed to enter without being wanded or searched, contrary to a condition on the license which required a metal-detecting device to be used; and 3) on November 25, 2002, patrons were observe entering the premises without being wanded or searched, in violation of the condition on the license. 2) That the Office of LSEP recommends that the licenses held by SD Ray, Inc., d/b/a ScotYs Place, be suspended for a period of fifteen days, said suspension to be served in addition to the license suspension imposed under Council File #-03-207. 3) That the Licensee agrees to the attached resolution being placed on the Council's next available consent agenda, at which no public discussion would be aliowed, to impose the a�'eed oa-3a9 upon penalty on the licenses held by SD Ray, Inc., d/b/a Scott's Place. 4) That in the event the Saint Paul City Council will not accept the Settlement Stipulation that Licensee shall be entitled to a hearing on the violations before an AIJ and/or a hearing on the appropriateness of the penalty recommendation. Dated this � day of March, 2003. Office of LIEP '�, cc�. � � .�eh Attorne or the Office of LIEP SD Ray, Inc. �� President, SD Ray, Inc. CITY OF SA1NT PAUL Randy G Kelly. Mayor Mazch 20, 2003 Scott D. Ray Scott's Place 1178 Arcade Street Saint Paul, MN 55106 OFFICE OF THE CITY ATTORNEY O 3- � � ManuelJ Cervarstu, CityAttarney CivilDivision - 400CiryHal7 Telepfiorse:651266-87l0 75WestKetloggBlvd. F¢csimile:651298-5619 Saint Paul, Minnuota 55101 NOTICE OF COUNCIL MEETING RE: All Licenses held by SD Ray Inc., d/b/a Scott's Place for the premises located at 1178 Arcade Street in Saint Paul License ID #: 19990001984 Deaz Mr. Ray: 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 failure to abide by the license conditions on November 4, 2002, November 10, 2002, and again on November 25, 2002, have been admitted to. 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 you and the license office, the recommendation of the license office will be for an additional 15 days suspension of your licenses to be added to the end of the current 60 day suspension of your licenses. If you have any questions, please call me at 266-8710. Very truly yours, ,- � -uta� ��c�z-Y�-_°� Virginia�Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, Deputy Director of LIEP Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER 03 -3a1 Licensee Name: SD Ray, Inc. d/b/a Scott's Place Address: 1178 Arcade Street Council Hearing Date: Wednesday, April 2, 2003 Violation: Ptace: Violation of license conditions: November 4, 2002 1) Failure to stop persons from entering the licensed establishment after 12:30 a.m. (license condition 9); November 10, 2002 2) Failure to use a metal detector or to search persons entering the licensed establishment (License condition 2); November 25, 2002 3) Failure to stop persons from entering the licensed establishment after 12:30 a.m. (license condition 9); 4) Failure of security personnel to have metal detecting devices to prevent weapons from being brought in (license condition 2). Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 15 days suspension of all licenses to be enforced immediately following the current 60 day suspension of the licenses AA-ADA-EEO Employer Attachments: 1. Proposed resolution and Stipulation 2. Council File 03-207 3. Notice of Violation 4. License information 5. License conditions 6. 11/25/02 Police report CN 02-257-617 7. 11/10/02 Police report CN 02-247-208 8. 11/4/02 Police report CN 02-242-847 o3-sa9 AA-ADA-EEO Employer 03 -sz°� STIPULATION OF SETIT.EMENT OF ADVERSE ACTION WHEREAS, adverse action was initiated against the licenses held by SD Ray, Inc., d/b/a Scott's Place (License ID#: 19990001984) by Notice of Violation dated December 20, 2002, alieging violations of the conditions placed on the license from dates of November 4, 2002, November 10, 2002 and November 25, 2002; and WHEREAS, the licensee had requested a hearing before an Administrative Law Judge on the violations, and that hearing was scheduled for Mazch 11, 2003; and WHEREAS, the licensee received two other Notices of Violations, dated January 8, 2003, and January 29, 2003, which contained allegations of other violations of conditions after the dates listPd above, and to which he never responded; and WHEREAS, the City Council imposed a sixty day suspension of the licenses for the later violations under Council File #03-207, which is to run from 12:01 a.m. on Mazch 19, 2003 through 11:59 p.m. on Saturday, May 17, 2003; and WHEREAS, Licensee does not intend to reopen his business and is in the process of selling it, but does wish to prevent the license from being revoked; and WHEREAS, Licensee is willing to admit to the violations contained in the December 20, 2002 Notice of Violation in retum for which the Office of L1EP would recommend an additional fifteen-day suspension of the licenses, to be added to the end of the cunent suspension period, which would result in a total closure of seventy-five days; and WHEREAS, parties wish to resolve this matter as set forth, but agree that if the Council wishes to depart from the recommendation that Licensee would be entitled to a hearing to dispute the violations and the appropriateness of the penalty; now, therefore, parties agree as foliows: 1) That the Licensee admits to the violations listed in the Notice of Violation dated December 20, 2002, specifically that 1) on November 4, 2002, patrons entered the premises at 12:53 a.m. ir. violatiar. of a condition on the license which prohibits people from enterin� after 1230 am.; 2) on November 10, 2002, patrons were allowed to enter without being wanded or searched, contrazy to a condition on the license which required a metal-detecting device to be used; and 3) on November 25, 2002, patrons were observe entering the premises without being wanded or searched, in violation of the condition on the license. 2) That the Office of L1EP recommends that the licenses held by SD Ray, Inc., d/b/a Scott's Place, be suspended for a period of fifteen days, said suspension to be served in addition to the license suspension imposed under Council File #-03-207. 3) That the Licensee agrees to the attached resolution being placed on the Council's next available consent agenda, at which no public discussion would be allowed, to impose the a�eed d3 •311 upon penalty on the licenses held by SD Ray, Inc., d/b/a Scott's Place. 4) That in the event the Saint Paul City Council will not accept the Settlement Stipulation that Licensee shall be entitled to a hearing on the violations before an AIJ and/or a hearing on the appropriateness of the penaity recommendation. Dated this � day of Mazch, 2003. Office of LIEP ./ u� � � ,-�t Attorne or the Office of LIEP SD Ray, Inc. � ��z�. President, SD Ray, Inc. e�,¢ Presented By Referred To Committee: Date 1 WHEREAS, adverse action was initiated against the licenses held by SD Ray Inc., d/b/a 2 Scott's Place for the premises located at 1178 Arcade Street in Saint Paul (License ID# 3 19990001984) by Notice of Violation dated January 8, 2003, alleging violations of conditions on 4 the license from December 15, 2002 (allowin� patrons to reenter the premises after 12:30 a.m.) 5 and December 28, 2002 (failure to have security personnel at the doors from 9:00 until closing 6 using metal detectors); and 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, a separate adverse action was initiated by Notice of Violation dated January 29, 2003, allegina violations of the conditions on the license from December 21, 2002 ( allowing patrons to enter after 1230 a.m.), December 22, 2002 (allowing pauons to enter without using metal detectors and failure of security to wear clothing to identify them as security personnel) and January 3, 2003 (failure to provide a security video to the police upon request to assist ln investigation of au aggravated assault); and ' and ��'C�L�� _ ��Y� . ��o a-� 03 RESOLUTION CITY OF SAINT PAUL, MIN�IESOTA CouncilFile# 0'S� �p� Green Sheet r e� O O 3 O$ �4 7� %�� WHEREAS, there has been no response from the licensee to the Notices of Violation; WHEREAS, the Office of LIEP has recommended a penalty of a sixty (60) day closure, with thirty (30) of the days stayed for a period of eighteen (18) months on the condition that there be no violations of the conditions on the license, and no violations of statute or ordinance in that period of time; �e�t�re€or€-l��t and WHEREAS, the City Council feels that the number of violations is serious and a more serious penalty is warranted; now therefore be it �$��'r'�� MAR 0 6 2003 o3.g1� ��`�� .�ro��v � � n3.azg , o� -ao7 RESOLVED, that the licenses held by SD Ray Inc., d/b/a Scott's Place for the premises located at 1178 Arcade Street in Saint Paul (License ID# 19990001984) aze hereby suspended for a period of sixty (60) days, ' eia een e icense, � Said closure shall commence at 12:01 a.m. on Wednesday, March 19, 2003 and shall continue until 11:59 p.m. on ��pri3 2003. S �-_�� h\q� �`1 � ---�-- CITY OF SAINT PAUL Randy C Kelly, Mayor December 20, 2002 Owner/Manager ScotYs Place 1178 Arcade Street Saint Paul, MN 55106 �3 -3a1 OFFIC� vF THE CITY ATTORi�IEY Mnnuel J. Cen•rsntes, CiryAltorney Civil Division 400 Ciry Nall 7efephone: 657166-5710 IiWestKelloggBlvd. Facsimi/e:651 166-8 78 7 Saint Pnul, hlinnuoln 55102 1�OTICE OF VIOLATION RE: All Licenses held by SD Ray Inc., d/b/a ScotYs Place for the premises located at 1178 Arcade Street in Saint Paul License ID #: 19990001984 Dear Sir/Madam: The Office of License Inspections and Environmental Protection has recommended adverse action against the licenses held by SD Ray Inc., d/b/a ScotYs Place for the premises located at 1178 Arcade Street in Saint Paul. The basis for the recommendation is as follows: On November 4, 2002, a Saint Paul police officer was monitoring Scott's Place, located at 1178 Arcade Street in Saint Paul. At approximately 12:40 a.m. the officer observed three people entering the premises, through the rear door. These people remained in the bar. Another individual entered at 12:53 a.m.. Other patrons were seen leaving the premises and then re-entering after 12:30 a.m.. There is a condition on the license which prohibits patrons from entering after 12:30 a.m. and from re-entering after that time once they have left. On November 10, 2002, Saint Paul police officers performed a premises check at Scott's Place. Officers observed that patrons �vere entering the premises without being wanded or being searched, despite the fact that there is a condition on the license that requires metal-detecting devices to be used. AA-ADA-EEO Employer Page 2 Scott's Place December 20, 2002 On November 25, 2002, Saint Paul police officers performed another premises check at Scott's Place. Again, officers observed that patrons were entering the premises �r being wanded or being searched, despite the condition on the license that requires metal-detecting devices to be used. Additionally, while writing a report, one of the officers observed a person entering the esfablishment at 1:11 a.m. although another condition on the license prohibits patrons from entering after 12:30 a.m. 63-3aq If you do not dispute the above facts please 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 opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you are contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. In either case, ptease let me know in writing no later than Monday, December 30, 2002, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, ,� / � � � � _�z ��- ( c��..�-, Virginia l5. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 AA-ADA-EEO Employer V � �� STATE OF MIlVNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CI.EMENTS, being first duly sworn, deposes and says that on December 20, 2002, served the attached NOTICE OF VIOLATION placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager ScotYs Place 1178 Arcade Street St. Paul, MN. 55106 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 20th day of December, 2002. Public _ -°;._.�, �,p,,�,, .�,�:� �..-_._.� � � .�r:_ ;,:� ;�,� � - •- - � .., >. :��k'ii3�`�ORia n � ' ' SOTA . ° `ccc� . ,"•,e „ , .,.. ., ->'��h�4' �? ` r -�:GKS^��k.x.il'�'.� r a��a�} S. � _ �, �� :�i 1 �.�.� ,.,., �. ��5 �> .. ._ .� , -. ti. ��.,_� .�-�:.:��.� Licenae Group Comments Text Licensee: SD RAY INC �Ba SCOTTS PLACE License #: 19990001984 12/17/2002 Q�-3a°� � 12/17/2002 CNO2-247�48 to CAO for possible adverse acfion. CAR ,� 72/02/2002 CN 02-257-617 To CAO for review. CAR 7 7/25/2002 CNO2-257-617 Police report received indicating that conditions are being violated - no wanding, entrance after 12:30. CAR �c 7 7/14/2002 _ 24284 o CAO for adverse acfion for violation of license condition of patrons not being allowed to enter after 12:30 AM. CAR 17/10/2002 C indicates that patrons waiked through the entrance vrithou[ being vranded and possible after hours consumption.CAR 1 �/64/2002 �CN0�2-242-8�4t�indicates that pavons are entering the 6ar after 12:3� in violation of conditions that were signed on 10l25l2002. CAR .�70/78l2002 entS CNO2270291 to CAO which indicates that an individual might have been overserved at ScotPs Place. CAO to further investigate. CAR � 70/18/2002 Sent CN01-193803 to CAO for review. Report indicates that a 19 year old might have been served in the bar. Report needs further investigation. CAR 10/18/2002 Congratulations letter sent for passing alcohol compliance check. CMK 70/Ot/2002 Passed DPS alcohol compliance check conducted by SPPD. CMK 06/OS/2002 Passed tobacco compliance check. SCS _ 06/29/2001 Passed tobacco compliance check. SCS � O5/02/2001 Passed Tobacco Compliance Check. SCS 04l10/2001 Sertt congratulaGons letter for passing alcohol wmpfiance check. SCS 03/23/2001 Passed DPS alcohol compliance check conducted by SPPD. SCS 06/27/2000 Passed tobacco compliance check. SCS OS/78/2000 Sent congratulations letter for 03/29/2000 alcohol compliance check. SCS 03/29/2000 Passed UM alcohol compliance check conducted by SPPD Ramstad/Reilly. SCS 04/27/2000 Congratulations letter sent for passing alcohol compliance check. SCS 03/30/2000 Passed UM alcohol compliance check conducied by SPPD/Reilly. SCS 09/29/1999 Passed tobacco compliance check; 10/O5/7999 letter sent. SCS 07/OS/7999 -$310.00 overpayment because of change from Entertainment B to A refunded - PV #V-330-2481 - LAB 06/07/1999 Have received rw complaints against this license by rrotification date per Gerry Stratfiman - license apprwed/CAM 04/27/1999 Notification response date 6/4/99, notices mailed 4/27/99; 105M & 43EM/JL 04/21/1999 Applicant requests to withdraw Entertainment B and reapply for Entertainment A. Refund the difference. CAM 03 -3 s9 �� Type. l' PtqaertS' �' i.icensae C UnoilKiel r,Ca �Geeti: 178 saai t� StrectTypa �A9r _, . _,;�" Q'vetUOtt <J1ID �:� � �' � CItL` =A.Ys w ��.��.._ :�e=�.�'�"T �^se �„'4�"„��at� �. �� 99W0627S.10693 SCOTTSPI.�xCESC0TT5PlACE PNSeAieYms Cawdetl06A9R�fCartmFrodaern'Oi/01t200f1?A77�i1176.. � EriertammM(A) Active license Prited 06,4{ryg9g p5pq/1(pg1178 OambGgLOCetm(ACtMe LicanseRhteq OBA411999pgpqR(p3117H LiquorOnSeb.OvPCtive LicensePrY3eC �tbi11�9;�q�af10031176. U�onSek-Suaaive ucrosewttea �A4n99gb6iOtr700:it17a� Re3taiaa'6(�-rtaACike liCenaePrKetl '- O6A4A899'O6A4l10737778.. : 106Si SDRAYNlC SCOiTSPLACE AleimPermt�fime��Ap(ve NRetryaemEMxMet ,t36P76f2001A6Aif200:t1�78^. ., i .. . .,,-. _ _ . ,..,,..._ ..��a..� _ � � �� . . _ . _ . .. . . . . .. _ . . . .� 03 -sa� ��, Ty�u 5�lre, Strc Sqe Q�. UrM C3� �: � Alerms R OtAtt2IX)2 12AtR002 N SOAO � ParmiCRenew) 3i OBA671007 0&D4200.? N E10.00 � .�� mro,rlom ,ara„� N a,p.on J Etkeneea licaise 1 3 F ptppp[y Street f Street Nmn� S1reNTyQc Und tid Cdy n�C Werd OLSt CounnT ,-�=•,v*�r-we��--,.;^�1 D8.4 �COTPSPLACE ___ " _ Li�tte � � Ue: Types � � - Y�rance I � � , �S, �' Lkmsee C Urof�Ide7 : ProjectFaaRata: ASAKION,CORAAF 7g : AdverseACthnCarnenuta iCPDE 57 �a.fiort �— � � Lkd t. �_- E 'onin , LfcenmG(04DCUnmeMs I+F 551 W`, 11I472002 to CAO for �verse actim tor viot�ion uf -� � coMdle"wa��srabavgelowMroater ;�o1%jse� : rier1Y30AlA.CAR , tAqf2002tl�b2-242-847krice[ath�p�msare �9 ihe ber enef 1290 m yidelwn of con�ionsn Ucensee: DBA Sslos Ta� 70693 SbRAYNC SCOTTSPLACE AtmnPmmei(Rmnd.tlive_ AIReqlBematsMpt ,pgp76fpp1 ..... _ �..: . :. < ,� " � _ . ;. R -, " � • "_ ' _ .,.,. . . , . . . ,.. . .. C_ry�.. .. ."s . . . ..>. . .. .. _ _ x _ ., . re 03-33, � Type � Stre, Stre Qud urrit �Y � AdtY:7ypa �'ACtxa`�"- hatfine-...rt,.lesl7'b��,.`�;F,irst "�p�,� :"g,� z...--. MmiLictns0T0:— � '`=-- � �'' ''� G !R� io Ca[dact Flev dasmressAiO371971999W+90A00�R4Y SCOTT PRE�'DH�tT C�+`7)7T2-4679.(651 {'�LkmseAdtteas - Other OBNSROOOOt71WA001RAY �OTT pqEgD@ti (831)772-/679C�t �V� Qher Q3R97199906rD5(1�RAY SCOTf PRESmENT (416)&i��58C651 MNhYaImTa:"— � on,er osmansssao��r .ie�s taax4cat ( ) sn�TOCOraeci �' ,�; �_ i�.�, �..._ °' __2._u ,�_.� �ucer�seaa� ' BsckpouWp�etkRWUretl � ��p�e�S'."Ralieifks::::� 10693 S6RAYfJC SC07T5PLACE AlarmPcmi(Rme+,A!irve AfRequWremertsMEt OBAffit2W1�O6AiR :. _.. . �_-- __>:�_, : .. . ".: _ - - = 78 ' __ " " ' ' ' ' '_. "'_ "'_ _ _ L� Li� Uc. TYP�S � N�.e� , B�q f�s } LicenseeNam: RAYNC -• - _, "_' . _. _ ' _ _ ___' _ ' -':_�r,'uv�;;g^s� OBA TT5 PL.ACE sai« r� � � s�ea wn aroft i" wor�ers cana � ' E'oa?!�'.e,s;:::. AA CaYroci ftecYt � AA Tlainiru� ftecYY � A,4FeetoCeded „i�AOW dscautdRGC'2(— Cicense Group Conditions Text Licensee: SD RAY INC �BA� SCOTTSPLACE License#: �99900019&i 12/03l2002 O� r Y�1 1. The license holder will employ properly trained security personnei, who wiil be on duty every day from 9:OOpm until Gasing. The security guard(s)will adhere to the following guidelines: a) The security guards will not socialize with patrons and will not be allowed to drink alcoholic beverages while on duty. b) Security will wear Geariy identifiabie dothing. c) Security will conduct outside sweeps or walk-arounds at least hvice an hourwhile on duty, weather pertnitting, to disperse or discourage people from loitering. 2. Licensee will use metal detecfing devices to prevent the introducGOn of weapons into the establishment. 3. Interior and exterior video surveillance came2s must be in operation during all hours the establishment is open. Tapes must be saved for a period of at least 30 days, and the tlates and times of recording must be accurate and visibie on the videotapes. Tapes will be maintained on the premises and matle available to police or LIEP inspection staff immediately upon request. 4. Licensee will provide copies of State Drivers License or State IDs of all employee and sewrity personnel to LIEP for purposes of backgrountl checks. LIEP must be nofified of changes in personnel and this infortnation will be supplied for all new employees prior to their start date. 5. Licensee must comply with the limitations on the existing Entertainment A licerse. Noise levels will be monitored so as not to disturb neighbors by loud music. 6. Licensee must maintain a list of patrons who have been banned from the establishment for assaultive, disorderly or disruptive behavior. The list must at a minimum, contain a name and description of the banned patron, as well as the date they were banned. No persons who are on the list shail be permitted to be in the establishment or remain on the grounds. This list shall be submitted to LIEP monthly. 7. Loitering in fhe parking Iot shall not be permitted The parking lot must be regularly patrolled to insure compliance with this condiGOn. 8. Litter on and around the premise is to be picked up daily. 9. There are to be no patrons admitted to the estabiishment aker 12:30a.m. and patrons who have left are not to re-enter after that time. 10. All windows and doors must have a clear view into and out of the establishment by October 31, 2002. 71. Roll-off dumpsters must be removed Rom the parking lot by November 15, 2002. ENVIRONMENTALpftOTECT100NSAND o3 .3a°� RagarC. Gu¢s, Oire:ot WebSitePddress: wwx,o.yYpau4mnusliiep CITY OF SAINT PAUL Randy C. Kelly, Mayor LOWRY PROFESSlONAL BUlLDING ��y�� sp Z6s-yoyo S�� Fac�tlk: (65f126&5099 �`'�� - (C51J2fi69724 - SaMPaul, Afm�reSa�a 5510215fo I agree to the following conditions being placed on the following license(s): License #: 19990001984 Type of Business: Alarm Permit (Renew� Cigarette/Tobacco Entertainment (A) Entertainment (B) False Alarms Gambiing Location (Class A) Liquor On Sale - Qver 200 seats (A) Liquor O� Sa(e - Sunday Restaurant (B) - more than 12 seats Appiied for by: SD RAY 1NC Doing Business As: SCOTTS PLACE at: 1178 ARCADE ST ST PAUL MN 55106 Conditions are as foliows: 1. The license holder wiii empioy properly trained security personnel, who will be on duty every day from 9:OOpm untii closing. The security guard(s)will adhere to the following guidelines: a) The security guards wiii not sociaiize with patrons and wiil nof be allowed to drink alcohoiic beverages while on dury. b) Security will wear cleariy identifiable clothing. c) Security will conduct outside sweeps or walk-arounds at Ieast twice an hour while on duty, weather permitting, to disperse or discourage people from loitering. 2. Licensee wiii use metal detecting devices to prevent the infroducfion of weapons into the estabiishment. 3. Interior and exferior video surveillance cameras must be irt operation during ali hours the establishment is open. Tapes musf be saved for a period of at least 30 days, and the dates and times of recording must be accurate and visible on the videotapes. Tapes wiil be maintained on the premises and made available to police or LIEP inspecfion staff immediately upon request. 4. Licensee wili provide copies of State Drivers License or State IDs of all employee and security personnel to LIEP for purposes of background checks. LIEP must be notifted of changes in personnel and this information will be supplied for all new employees prior to their staR date. 5. Licensee must comply with the limitations on fhe exisiing Entertainment A license. Noise levels wili be monitored so as not to disturb neighbors by loud music. 6. Licensee must maintain a list of patrons who have been banned from the establishment for assaul#ive, disorderly or disruptive behavior. The lisY must at a minimum, contain a name and description of fhe banned patron, as weil as the date they were banned. No persons who are on the list shall be permitted to be in the establishment or remain on the grounds. 7'his list shall be submifted to LIEP monihly. ?. Leiteri�g in thP �ari�ing tot shal! not 5e �PR.,�trP� - rnP �a��„� Int muef hc+ ronul�rl�r m4mlica +.. � �_......� ." ""'. .�� . _ r "' _"_' " insure compliance with this condition. 9� Litter on and around the premise is to be picked up daily. �I"here are to be no patrons admitted to the establishment after 12:30a.m. and patrons who have lefr are not to re-enter after that time. 'Io. Ali windows and doors must have a clear view into and out of the establishment by October 31, 2002. 11 Roil-off dumpsters must be removed from the parking Iot by November 15, 2002. � Po 1�5� 02- Licensee Date - OU ! l d ST. PAUL POLICE OEPARTMENT O � �'�� 1 _EMENTAL REPORT n CONTINUATION OF: rl ORIGINAL REPORT I SUPPLEMENTAL REPORT -a5- �Q � LSLC ...�-_ _ . �Oo? � ' �i�t �� 'v�.��?7f L �C'•'tS p �� , / k � a J.� `/`— .. �� ✓y(�/��,j'��-�- 2' -- - � � i��B �� ,� : - . �, �� .�-�, .� �T� � , � / �',nim ��c��p .��.�� .�u�d ,� !'�"�'i�� I , /� ,��u�� ,�� - . •'_ . ��'✓`�/ d�i .iJrc.c�C'v iu�� Y ��c , -/�C �-I�1z� �s�°-zs=�� o _ '<z� -?�J��L� /�,�ii-r�� lL� `�� 7�� ./r�=� � � �.:�� :�� . _ _ . �°-� G� ..�� ,2%�i �Gr�, .s�,ih�ri� .�4-� -�Grl' � . ��zeJ . . . . �s� ,��.�.�.�-�� ,-.. - - -- - - - Q — � �� G �� .� ��.�,� � .�� (� � ��v . �e - �� _��_,�.- .�� .�z1'�� uv�-�� .�lv'l?/.G y � -- ;, �� f ��r ��`� �✓�'�, � � � _-G�, � �y��l��litc¢?� .iG� G�Ca�1'r��7" ��C�-�'2a��ci� ��.EL� �/o�-�c.. �� 7�e.� .��h �-�.� � /�� . ��.�,�e� ��-�' � �--� � �`�`�'�`�-'� �"�� - � y� �r°.� -- -�n� �e �� .��et� --��' ° .�`�✓ ; y�� I f � � � 2 /� _ .�Cr�.E'�7 �GL�J !� � .,C�iGii-el•-��L� .�Gii'�✓✓/�1 _ c /�.�L��t'�`��,cr� (��'7 _�z%�ia:LVk-Q� ��f� / .iLf-`�P� ! � /, - � ./�'u�2-�GC�i ��c �us�. / .. _��"�/ 6�.Qi/ _. ��lti?� _�� e �� C/i�u€� C� �-�- .�i� �'�� -� � - v ��'V� � �',� �:�6 �� C�� < . � ''1v�L �' � ` �^ .� - � ��f .�o � � �Y �� v�� -� �F ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Leb D/C ❑ Burg ❑ Theft � P�op � CAU ❑ F&F � Auto ❑ Ya8 � R�ec eam ❑ Sex ❑ DAO CO ❑ HumServ Other PM 82�9j ,f�VY ..� CONTINUE NARRATIVE HERE ------ --�'� ,�� -� i� /v�� -- — --.- ��.� c��?��_ ./lj��—_/ . n/ �� / �� /J �/ -- -- - - -... co ��, ° ns A4p'y -- - . $ -- �� P a � 13 � o � a st es - ---- �'�` ---- -- -- ---�----- .--�----=—>------ • --- ----- — --- --- � � - --• `?�i� — ZG -'��G�-�P� - /I�/�✓ e %�� / " "=l -- - ---� — - --- �i`2'�f'��''�`� �,� -- �� d - i/GL� Gf�li'ih�� , - ----- - --- - - ---- ---- `�%r I ' �— . ----- -- - ----- ----- -----�/ /��-�-�_��,��.� .��,��C@ - o�r.s-/�- - -- - - ,- --- --- - - --- - -- - - ��-� - .� �� - �� . . �u� � y-� o�� .-� ti - - �� J @.�..�. . / �. ��J �_ s.�� _ � � i�� -'? -� � ��'� - - _ -- - d' �r� _✓l?c��'C�� ..,d`��'_ �-_� s_ -_ �� ._ — li ,-ec� .�r�� -� � ��J_ d�t.?J --- �` .� . 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Cnme Leb Locker Property Room �C- � � y ��. l �� C'��,�.�C ��- � � %l��" �i` cca.e� � 5'c�� c�—�-ee � °�v �— `��-� �,c�;� . �� [.u2dt c� �-Lc-c� ��u,�z.��/ L�/.� G`�2SV�1vzcC � c��j'1�Gc �z.�i� �-�- �'�� , ��,�,�-� c�l�,c. ��u � af�rC� . a(',rh�v C.�-��- t�a_ c� �-62e�/-�tJ ' ��2.��/ �r ��-�/�-�-� �-Gt�._ `��it/� � �� at,� � �� ' � l2d� �c� �l�tzc ��;,c.eG C.G.r_�c.�� O��r�, � , � ��'�� . �aL �va,..�� e A/�� G�i� �a-� � �--- �� /�- /�-t�� r�e G� r.��=� . �� -� J� U LI�P C�I'Y D 2ta PriV<^:.'j 1� 25tr1et10.�S Apply _� � Minr.esuda Sta�te 1 .�2 assisting � Yes C"�F ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lab �'F�ec �� ' eam ❑ Sex ❑ Rptr ❑ Other � D/C ❑ Burg � Theft ❑ Prop ❑ CAU � F&F ❑ Auto ❑ DAO ❑ CO ❑ HumServ /(�� F — No: �� , �� '� � � � T Emp. No.: (J Jar{ l �� PM 621 •92R Saint Paui Police Department Page t - � � � ORIGINAL OFFENSE / INCIDENT REPORT �3-�1'� Complaint Number Reference C.N. Primary oflense Date and Time of Report 02-247208 02-247148 IN T LIE 11/10/2002 02:49 PnmaryReporlingOthce� MICHAEL FDUNASKI Cocation ofincidentARCADEST/MARYLAND Pnmary oflense detad.� Primarysquad: 333 Secondaryreportingofficer. JOSEPH D REGINEK oistnct: Ep,STERN ( EASTERN DISTRICT ) Secondary offense: Name of/ocation/business: Date & 6me of occurence: � �(� 0l2002 01:51 Anest made? Dafe & time ot anest POLICE PERSONNEL INVOLVED Arrest made on view: Pursud engaged� Anest made on wamant or p�evious CN: Weapons used 6y police: Weapons used by suspect at time of anest: Resistance encountered: CHARGES (NONE) NAMES OTHER PHILLIPS, DERRICK DUSEAN 1325 WESTMINSTER ST #205 STPAUL MN 55101 Physica! Desc�ipUon Phones Sex MALE Height HairCo/or Race B�p,CK Weighf Hispanic ooe 09/09/1976 Age 26 HairType Build HairLength Sw� BROWN - MEDIUng,��/-��PY Data Privac;� Restrictions Ap��j( Mirznesuta 5�a!ute l�.&2 Physicaf Condifion Employment Consciousness CONSCIOUS Occupation SECURITY Omg/alcoho�use INTOXICATED ALCOHOL Employer SCOTTS BAR CRIME SCENE DESCRIPTORS Crime Scene Type PUBLIC DOMAIN Descnption HIGHWAY/STREET/ROAD/ALLEY Met hod 8 Poi of Entry Force used NOT FORCED Point of entry Method PROPERTY (NONE) VEHICLE INFORMATION (NONE) � � L c �F. w rv` U l G� -:� � r 1, /�'�;�, �� °:� Y� s,It£ Complaint Num6er 02-247208 Saint Paul Police Department Page 2 ORIGINAL OFFENSE / INCIDENT REPORT a� •�s9 Reference C.N. pnmary offense Date and Time ot Report 02-247148 INFO TO LIEP 11/10/2002 02:49 SOLVABILITY FACTORS Can suspect be identified? YES Crime sceneprocessed? YES Photes taken? Property tumed in? PUBLIC NARRATIVE Squad 333 (MDunaski/JReginek) conducted an investigatory stop at Maryland/Arcade on a Male. info report to LIEP made. NARRATIVE Squad 333 (MDunaski/JReginek) conducted an investigatory stop on a B/M (ID'D AS DERRICK DUSEAN PHILLIPS, DOB 9-09-76, 1325 WESTMINSTER STREET #205) at Maryland/Arcade. Stop time 0151 hours on 11-10-02. While on routine patrol we saw PHILLIPS walking NB on Arcade south of Maryland Ave. We have had previous dealing with PHILLIPS (SECURITY GUARD AT SCOTT'S BAR, 1178 ARCADE STREE� in the past. We then stopped and talked to PHILLIPS. After a brief conversation Officer Reginek asked PHILLIPS if he had been tlrinking (OFFICER REGINEK SMELT THE ODOR OF AN ALCOHOLIC BEVERAGE ON PHILLIPS BREATH) and if he was all right to continue walking home. PHILLIPS told us that he had two Corona beers and 1 shot of Brandy at the Bar (SCOTTS BAR) 6ut he felt he was ok to make it home, i asked PHILLIPS if he was drinking with Bar patrons and he said, "No, 1 was drinking after hours with the clean-up crew". PHILLIPS indicated that he just finished his drinks (AT APPROX 0145 HOURS) and was now walking to his girlfriends house. We asked PHILLIPS if he was working security at the bar tonight and he told us that he was. PHILLIPS told us that he was the only Security guard on duty on 1 110 9/02-1 1 /1 0/02 and he stationetl himself at the back door with the metal detecting wand. Since iYs a violation of City licensing to drink in a licensed bar after hours we issued PHILLIPS a PBT (ALCO SENSOR, #042860, USER- OFFICER P. MURPHI�. PHILLIPS registered at .061 BAC level on the PBT. PHILLIPS indicated that he was all right to waik home and departed the scene. Included with this report is a copy of PHILLIPS local criminal history LIEP C{?�'Y Please distribute to: _CHF _Hom _Sex _D/C _CO _Rptr _Rob _Juv _Burg _Theft _Vice _Narco Can6eidentihed6y SQUAD333 Dat:. I'rivacy I;estrictions Apply Minnesota S*att:te 13.82 ` Oper _PSC _Lab _Rec _Team _Prop _CAU _SIU _T&A _F&F _Auto _DAO _Other Evidence tumed in? Is sto/en property 6acea6/e? " _ ,,:. .::,. - _ _ _' _ _ ?s _ _ " _ - `_- ___ ' _ " �--?_��. .�- -'-�., . � ' � = '��_� ="` Saint Paul Police Department Page 1 SUPPLEMENTAL OFFENSE / INCIDENT REPORT 03-�a9 Complairrt Number Reference C.N. Primary oflense Date and Time of Repat 02-247148 Information Report 11/10/2002 00:23 PrimaryReponingOfficec pATRICKJMURPHY Location of incident. � � 7$ ARCADE ST Primary oNense detaiL Primary squad.� 398 Secondaryreportingofficer. NICOLE R SACK District. EASTERN ( EASTERN DISTRICT ) Secondary oflense: Narne of locatiwVbusiness: Date & time of occurence:ll /10/2002 00:23 Anest made? Date & tlme of airest. POLICE PERSONNEL INVOLVED Arrest made on viev.^ Anest made on warrani or previous CN: Pursuit engaged.• Resistance encountered: Weapons used by police: Weapons used by suspecl at time of anesY. LIEP COPY CHARGES NAMES (NONE) CRIMf SCENE DESCRIPTORS Crime Scene 7ype RETAIL Description Method & Potnt of Entry Force used NOT FORCED Poinf of entry Method PROPERTY (NONE) VEHICLE INFORMATION (NONE) NARRATIVE ' Sq. 398 (P.MurphylSack) went to Scott's Place, 1178 Arcade, to assist Sq. 302 ( Sgt.McNamara) with a premise check. W hile we were inside the bar I was watching the rear door that faces the parking lot. I saw a male walk in the rear door stop and shake hands with the security guard and walk into the bar without being scanned with the metal detector, I continued the watch the male for approximately three minutes before he left the bar out the front door. I watched the male to make sure he was not and employee of the bar. Ffe walked to he southwest corner of the bar and taiked with a female then left wiih her out the front door. I did noi see him talk to any other employees of the bar while he was inside. At 0040 when I was leaving the bar I saw three females walk into the rear door past security and walked up to the bar. The three female ordered and stood by the bar. �- ( - ( � L l ��v1�, Ur�e-� �-l��' y z � ��. � � .. : ��,»�. >� �`.� �_:�, , .. � > _ �� ea �_...�.9� E G�a. -s. , _ _ � r� _ _ . ..- ..,. �_ .. : .. �_- � Artest Number � L.ast Nartfe Frst Middle Address DOB Aga Sex Race - - - LIEP COP-Y- - - - ----- _ .. .Data Privacy Restrictons Apply - ` � ��'� - _eso S '�D��..��f��i,�2�%� ��-rtsr�f�� c� ��y,n�—� /i`�� — ��i :�1:� , �f �'/.L�C..Q/ .�is'/ � � � �i�`�ti'� - - -- — � , ..��°� �� . ��v � ��.ti� ��-�-� -- -�"� �� --�-�a-�- �J .�-��-� �� .��e�--- G'".�1zG-� _ ��%�l ..��%%'�j flze- -�� ---- .�� .�� .�� ,�--- �� '� �� @ . �a�/_�� r�� -. ,��`;�sUr�t� ./�ilJ - ��2Gf/.ilz��c�PJ �'J'/i/ �r�✓oaG /1�� siL �vi2f',�.. ��-L �! � s� .,��,/� `�tQ ,/ • �� i��.��ti� .��n�� '�1� , J �� f �L l �' � ;�5�� '�-�°� � .%G,�� - ,� ��2��v�c�� c e�� Y,� �� '`��J �'.�n-� .�r/�-r� � �� 2�f/ �7 c��2� �L'�J • � _�t�� ,-�� o� �� %�� 7��-l� �.�.,� ��,�� . ',�-�- �� ,.��r�i�� e.�� G�� Q%�-��ee� • Assisting E Ye No \ CHF ❑ Hom ❑ Rob ❑Juv ❑ Coord ❑ �D ❑ Lab Rec Team ❑ Sez ❑ RpV �/C ❑ Burg ❑ Thek Q Prop � CAU ❑ F&F Q Auto DAO � CO ❑ HumServ ❑ Other �( � � --�_ ?� � PM 621-92R 2� � ST. PAUL POLICE DEPARTMENT Q�,� �w PHe° �� GEN�RAL REPORT + STATE OF MINIVESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 November 4, 2003 Don Luna, City Clerk City of St. Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: In the Mafter of the City of St. Paul vs. ScotYs Place OAH Docket No. 12-6020-15298-3 Dear Mr. Luna: a 3-3 a9 REC�It��"a �oy 5 2003 �iTY CLEkK Tami Laughlin, Legai Assistant, of the City of St. Paul informed us that this matter has settled. Therefore, enclosed please find the official record. Our file in this matter is now being closed. Sincerely, �'`�-' � �. / / STEVE M. MIHALCHICK Administrative Law Judge SMM� Encl. cc Owner/Manager Scott's Place 1178 Arcade Street St. Paul, MN 55106 Telephone: (612) 349-2544 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 �3-�a9 OFFICE OF THE CITY ATTORNEY Manuel J Cervarsfes, Ciry Attorrsey � �r^_ + �, ` , 3 i ^� T �� ^ CITY OF SAIN'I�PA�.. �� ;� Randy C. Ke1[y, Mayar Civil Diviston a00 City' Hatt I S Wut Kellogg Slvd. Sain! Paul, Minnesota 55l02 Telephone: 657 266-8710 Facsimi/e: 65l 298-5619 October 29, 2003 �� ' Ofhce of Administrative F3earings Judge Steve Mihalchick 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, MN 55401 � All Licenses held by SD Ray Inc., d/b/a ScotYs Place forthe premises located at 1178 Arcade Street in Saint Paul License ID#: 19990001984 Docket #: 12-6020-15298-3 Dear Judge Mihalchick: I am writing to confirm that the above-referenced matter has been settled. Ifyou have any questions please feel free to contact me at (651) 266-8776. Sincer,�ly, t � �-. , Tami Laughlin Legal Assistant AA-ADA-EEO Employer March 10, 2003 STATE OF MINNESOTA OFFICE OF ADMINISTRAITVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Bivd. St. Paul, MN 55102 Owner/Manager Scott's Place 1178 Arcade St St. Paul, MN 55106 Re: In the Matter of the City of St. Paul vs. Scott's Place OAH Docket No. 12-6020-15298-3 Dear Parties: o3-3a9 This is to confirm that the hearing of March 11, 2003, was cancelied because I was informed by Mr. Pangborn that a tentative settlement had been reached. Please let me know when the settlement is finalized so that I may close my file. Sincerely, _ �,-� .� � �TEVE M. MIHALCHICK --_� Administrative Law Judge Providing impartial Hearing for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 • TfY No. (612) 341-7346 • Fax No. (612) 349-2665 n3-�a� OFFICE OF THE CITY ATTORNEY Mnnxel J. Cervanfes, City Altorney `!r"(l _v�:�c CITY OF SAINT PAUL r �� '"' c�vrr�3sroa Ranrly C. Ke11y, Ma}�or . � --� x-40PCiry� Ha71 Te%pkone: 65J 266-8710 � ��'' �,' ;', YS Wut Kellogg B(vd Facsimile: 651 298-5619 -- �• . �: %Saint Pa�d, Minnesota 55l02 February 12, 2003 NOTICE OF HEARING Owner/Manager ScotYs Place 1178 Arcade Street Saint Paul, MN 55106 RE: All Licenses held by SD Ray Inc., d/b/a Scott's Place for the premises located at 1178 Arcade Street in Saint Paul License ID #: 19990001984 Dear Sir/Nladam: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises identified above: Date: Tuesday, March 11, 2003 Time: 9:30 a.m. Place: Room 42 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: Steve M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2544 AA-ADA-EEO Employer �.�-3�� The Councii of the City of Saint Paul has the authority to provide for hearings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legisiative 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 November 4, 2002, a Saint Paul police of£cer was monitoring Scott's Place, located at 1178 Arcade Street in Saint Paul. At approximately 12:40 a.m. the officer observed three people entering the premises, through the rear door. These people remained in the bar. Another individual entered at 12:53 a.m.. Other patrons were seen leaving the premises and then re- entering after i2:30 a.m.. 'i'nere is a cou�iiiar, un the 8ice�se which prohibits patrons from entering after 12:30 a.m. and from re-entering after that time once they have left. On November 10, 2002, Saint Paul police officers performed a premises check at Scott's Place, Officers observed that patrons were entering the premises without being wanded or being searched, despite the fact that there is a condition on the license that requires metal-detecting devices to be used. On November 25, 2002, Saint Paul police of�cers performed another premises check at Scott's Place. Again, officers observed that patrons were entering the premises without being wanded or being searched, despite the condition on the ticense that requires metal-detecting devices to be used. Additionally, while writing a report, one of the officers observed a person entering the establishment at 1:11 a.m. although another condition on the license prohibits patrons from entering after 12:30 a.m. You have the right to be represented by an attorney before and during the hearing or you can represent yoursel£ 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 identify themselves for the record. The City will then present its witnesses 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 « to present, each of whom the City's attorney may cross-examine. The Administrative Law Judse may Notice of Hearing - Page 2 03-3�� in addition heaz relevant and material testunony from persons not presented as witnesses by either pazty 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 garties. Following the hearing, the 7udge 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 documents, records and witnesses you wi?1 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 attomey contact the undersigned. If a stipulation or agreement can be reached as to tha facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. Ii you iail to appeaz at the nearing, your ability io chailenge the a?lega:iens wil: be forfei*.ed ard *.he 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. If you have any questions, you can call me at 266-8710. Very truly yours, _,� 2 ,� � � Virginia D. Palmer Assistant City Attorney cc: DianeNordstrom, Office ofAdministrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 Notice of Hearing - Page 3