03-970`t
Council File # �3 � � � �
Green Shee[ # 7�"'����
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
�a
Presented By
Referred To
Committee: Date
1 WHEREAS, a Notice of Violation dated July 15, 2003 was sent to DARP Corporation, d/b/a
2 Fitti's, located at 828 7�' Street East in Saint Paul (License ID# 94963) alleging that the licensee had
3 failed to allow entry to a police o�cer on May 8, 2003; and
4
5 WHEREAS, a second Notice of Violation dated August 28, 2003 was sent alleging a violation of
6 Saint Paul Legislauve Code §§409.08(5) (failure to maintain order and sobriety in the establishment) and
7 409.08(2)a (furnishing alcohol to an underage person) from August 14, 2003 and a violation of Saint Paul
8 Legislative Code §409.08(2)d (failure to obtain proper proof of age) fram August 20, 2003; and
9
10 WIiEREAS, Licensee requested a hearing on all of the violations, which was scheduled for
11 October 8, 2003, but at the hearing, Licensee agreed to admit to three of the violations, and the Office of
12 LIEP agreed to recommend a ten day suspension of the licenses, with six of the days to be stayed for a
13 period of eighteen months on the condition that the licensee have no further violations in that period of
14 time and that they pay the costs of the ALJ hearing process; now, therefore be it
RESOLVED, that all licenses held by DARP Corporation, d/b/a Fitti's, located at 828 7`� Street
East in Saint Paul (License ID # 94963) are hereby suspended for a period of ten days, with six of the
days to be stayed for a period of eighteen months on the following conditions: 1) that the costs of the
ALJ heacing aze to be paid within thirty days of the passage of this resolution to the Office of License,
Inspections and Environmental Protection, unless other payment azrangements aze made; and 2) that
there be no further violations in the eighteen month period of the stay. The license suspension shall be
effective at 12:01 a.m. on Wednesday, November 26 , 2p03 and shall be in effect until 11:59 p.m on
Saturday, November Z 9, 2003.
. �,., . _.
-k- b3 - �70
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmerMl�ce/council: DaM Initiated:
�P -L���,�,��o��.�n� ,�-�T-� Green Sheet NO: 3006837
Contact Person 8 Phone: ���^eM Sent To Person Initia /
Vrginia Palme� � 0 ic ns ovir n Pro
z �' $ ��� ASSigp 1 i s tiu nvironPro De ar[mentDirector C'
Must Be on Council Agenda by (Date): Number Z ' Attome "
PXT Q✓Q' ��J r C�% Routin9 3 a or'sOffic Ma or/ isq t
Ofder 4 ouncii
5 i Cler ' Clerk
Total # of Signature Pages _(Clip Ail Locations for Signature)
Action Requested:
Adverse ac6on against the licenses held by DARP Cotpontion, d/b/a Fitti's, located at 828 Seventh St. East in Saint Paul. Licenses
aze hereby suspended for a period of ten days, with six of the days to be stayed for a period of 18 mos. with conditions per AL,J
recommendation.
Recommendations: Approve (A) or RejeC (R): Personal Serviee Contracts Must Answer the Following Questions:
Plaoning Commission 1. Has this person/firtn ever worked under a contract for this department?
CIB Committee Yes No
Civii Service Commission 2. Has this person/firtn ever been a city employee?
Yes No
3. Does this personffirtn possess a skill not normalty possessed by any
. current city empioyee?
Yes No
Exp�ain all yes answers on separete sheet and attach to green sheet
Ini4iating Problem, Issues, Opportunity (Who, What, When, Where, Why): -
Council action necessary to enforce City Legisla6ve Code. Licensee allegedly failed to allow an officer entrance, allegedly failed to
maintain order and sobriety in the establishment and allegedly fuinished alcohol to an underage person as well as allegedly failed to .
obtain proper proof of age. Licensee agreed to admit to three of the chazges at an ALJ Hearing on October 8, 2003.
AdvantageslfApproved: �
DisadvaMapes If Approved: , -�
`�.
�,
DisadvanWges If Not Approved:
TotalAmountof CosURevenueBudgeted: ni e�^r, pn$
Transaction: ��.m� i�i�.,�,c,^�S �e @("
Funding Source: ActiviN Number:
Financial Information: �� a � � 2�g�� ,
(Expiain�
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: (612) 341-7346
October 24, 2003
Don Luna, City Clerk
170 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
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OCT c � 2Q03
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Re: In the Matter of All Licenses held by Darp Corporation
d/b/a Fitti's, for the premises located at 828 7th Street East in St. Paul;
OAH Docket No. 11-6020-15527-3
Dear Mr. Luna:
The hearing in this matter was waived and the parties will be presenting a
proposed resolution to the City Council. We are closing our file and returning the
original documents.
Sincerely,
BLN:mo
Encl.
cc: Virginia D. Palmer
OwnedManager Fitti's
�, / �
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f � �
BARBARA L. NEILSON
Administrative Law Judge
Telephone: (612) 341-7604
Providing Impartial Hearings for Govemment and Citizens
An Equal Opportunity Employer
Administrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlement Division
Facsimile: (612) 349-2665 Facsimile: (6'12) 349-2697 Facsimile: (612) 349-2634
OFFICE OF THE CITY ATTORNEY �����
Manuel J. Cervantu, Ciry Attarney
�l
Z�fl,�S'�p y `' `J
CITY OF SAINT PAUL . ` 22 °u'
ni�� : T n rvision
Randy C. Kelly, Mayor '�-' %: /��� 4��iry Hall Telephone.� 651266-8710
N,F�Rj� F; ;1 �[SWestKelloggBlvd. F¢csimile:651298-56/9
Y( S i 5ain[ Paul, Minnuota 55102
September 18, 2003
Owner/Manager
Fitti's
828 7`" Street East
Saint Paul, MN 55106
►I `(�y M [�l�i7a7:1�,7i►�e;
RE: All Licenses held byDarp Corporation d/b/a Fitti's, for the premises located at 828 7`" Street
East in Saint Paul
License ID #: 94963
Deaz Sir/Madam:
Please take notice that a hearing has now been scheduled for the following time, date and place
concerning all licenses for tke premises identified above:
Date: Wednesday, October 8, 2003
Time: 9:30 a.m.
Place: Room 220, Conference Room B
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paul, NIN. 55102
The hearing will be presided over oy ar� Adnir.ist:aYive L�w J�idge from the State of Minnesota
Office of Administrative Hearings:
Name:
Telephone:
Barbara L. Neilson
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
612-341-7604
The Council 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-
AA-ADA-EEO Employer
- 03-97�
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 August 14, 2003, Saint Paul police officers went to Fitti's an
a pro-active police visit when they observed an extremely
intosicated individual urinating outside the establishment. The
individual was later determined to be 17 years of age. He tested
at a.16 on a preliminary breath test and was vomiting profusely
in the squad car. Police spoke to the bartender/bouncer, Tom
I3ylton, who also appeared to be intoxicated. Hylton stumbled
down the steps, slurred his words, had red and watery eyes, and
smelled strongly of alcohol. Saint Paul Legislative Code
§439.08{5) requfirES t�e lice�see to maentain order ?T±c? sebriety in
their establishment. It is a violation of Minn. Stat. §340A.503
and Saint Paul Legislative Code §409.08(2)a. to sell or furnish
alcohol to an underage person.
On August 20, 2003, police were again at Fitti's and they
observed two individuals who appeared to be underage. Upon
investigation, they found that the two were brothers, ages 22 and
19. Both men had been drinking and the only form of
identification that either had on them was a paper birth
certificate for the older brother. Saint Paul Legislative Code §
409.08 (2)d. requires a valid Minnesota driver's license or
picture identification for proof of age for the purpose of selling
alcohol.
In addition to the above, and as requested, these matters have been combined with the alleged
violation of May 8, 2003, that had originally been scheduled for a hearin� on Monday, September
8, 2003, before Administrative Law Judge Bazbara L. Neilson. That incident is as follows:
On May 8, 2003, Saint Paul police officers went to Fitti's on a
pro-active police visit after an anonymous complaint was received
regarding gang activity in the establishment. Police left the bar
at around 12:30, at which time the bartender locked the front
door. The police were called back to the establishment on a fight,
but could not gain access because the door as locked and nobody
would open it. Police eventually gained access after a patron
opened the door.
You have the right to be represented by an attorney before and durin� 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.
Notice of Hearing - Page 2
�3-G?�
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 Admuustrative Law Judge will have all parties identify themselves for the record.
The City will then present its wimesses and evidence, each of whom the licensee or attomey 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 may
in addition hear relevant and material testimony from persons not presented as wimesses by either
party who have a substantial interest in the outcome of the proceedina, for example, the owners or
occupants of property located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Concluding arguments may be made by the parties.
Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
You should bring to the hearing all documents, records and witnesses you will or may need to
support your posiiion. Sabpoenas �ay be availa�te to compei the atteadance cf wi:nesses o; 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 maybecome public unless objection is made
and relief requested under Minnesota Statutes, Section 14.60, subdivision 2.
If you have any questions, you can call me at 266-8710.
V ery truly yours,
_ (j� � ��.-��.,
Virginia D. Palmer
Assistant City Attorney
cc: Diane Nordstrom, Office ofAdministrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director of LIEP
Karin DuPaul, Community Organizer, Dayton's Bluff Dirstrict 4 Community Council,
798 E. 7th St., St. Paul, MN 55106-6625
Notice of Hearing - Page 3
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CITY OF SAINT PAUL
RandyC%[[y 2QG3 $c? 23 �ri S� 25
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ii�.ARtt�3G
September 22, 2003
OFFICE OF THE CITY ATTORNEY D �� 7 �
Manuel J. Cervantes, City Attormey
Civi1 Division
400CityHall Te@phone:651266-8710
I S West%Ilogg B[vd Facsimi[e: 651298-5619
Sairsi Paul, Minnesom 55102
SENT VIA FAX AND U.S. MAIL
Adtninisirative Law Judge Bazbara L. Neilson
Office of Administrarive Hearings
100 Washington Square, Suite 1700
Minneapolis, Minnesota 55401-2138
RE: October 8, 2003 Administrative Hearing - Darp Corporation d/b/a Fitti's
Dear Judge Neilson:
The purpose of this letter is to request subpoenas pursuant to Minnesota Rules, part
1400.7000 relating to the above-menrioned contested case hearing that is scheduled to be heard
before you on Wednesday, October 8, 2003. This request is made on behalf of Ms. Virginia
Palmer, the attorney assigned to this matter. The City of St. Paul licensing division will be
calling these witnesses to testify regazding the incidents which serve as the basis for the action
against the licenses heid by Darp Corporation d/b/a Fitti's.
In order to ensure that these individuals will be in attendance to testify, the City of St.
Paul requests from the State Office of Administrative Hearings subpoenas for the following
individuals:
Sgt. Tina McNamara
St. Paul Police Department
100 East 11'" Street
Saint Paul, iviinnesota SSIOi
3.
Officer Robert Jerue
St. Paul Police Department
100 East 11`� Street
Saint Paul, Minnesota 55101
i�
OfTicer Patrick Murphy
St. Paul Police Department
100 East 11"' Street
Saint Paui, i�iinnesota 551�3
The hearing is scheduled to start at 930 a.m. on Wednesday, October 8, 2003, in Room
220, Conference Room B, St. Paul City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102.
AA-ADA-EEO Employer
D�-97�
Page 2
Administrative Law Judge Barbaza L. Neilson
September 22, 2003
If you need additional information or haue any questions regazding this request, please do
not hesitate to call me at (651) 266-8776. Thank you for your consideration in this matter.
Sincere ,
( � � �- ��..
Peter P. Pan b�
g
Legal Assistant
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STA'I`E OF NIINNESOTA
OFFICE OF ADNIINISTRA'ITVE HEARINGS
HEARING SUBPOENA
TO: Sgt. Tina McNamara
St. Paul Police Department
100 East 11' Street
St. Paul, MN 55101
GREETINGS:
YOU ARE HEREBY COMMANDED to lay aside aIl your business and excuses
and to appear before Administrative Law Judge Barbara L. Neilson of the Office of
Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 220,
Conference Room B, 15 West Kellogg Boulevard, in the City of St. Paul, Ramsey
County, Minnesota, on the 8 day of October, 2003 at 9:30 o'clock in the forenoon, to
appear as a witness in the matter of AII Licenses Held bv Darp Corporation d/b/a Fitti's
for the Premises Located at 828 Seventh Street East in St. Paul License ID #94963•
OAH Docket No. 11-6020-15527-3.
Pursuant to the authority granted at Minn. Stat. § 14.51, to the Honorable Bruce
H. Johnson, Acting Chief Administrative Law Judge, at Minneapolis, Minnesota
this 23� day of September, 2003.
Acting Chief A
612/341-7600
Law Judge
Subpoena requested by: Virginia Palmer, 651-266-8710.
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STATE OF MINNESOTA
OFFICE OF ADMINISTRAI7VE HEARINGS
HEARING SUBPOENA
TO: Officer Patrick Murphy
St. Paul Police Department
100 East 11 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 Barbara L. Neilson of the Office of
Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 220,
Conference Room B, 15 West Kellogg Boulevard, in the City of St. Paul, Ramsey
County, Minnesota, on the 8' day of October, 2003 at 9:30 o'clock in the forenoon, to
appear as a witness in the matter of All Licenses Held bv Darp Corporation d/b/a Fitti's
for the Premises Located at 828 Seventh Street East in St. Paul License ID #94963•
OAH Docket No. 11-6020-15527-3.
Pursuant to the authority granted at Minn. Stat. § 14.51, to the Honorable Bruce
H. Johnson, Acting Chief Administrative Law Judge, at Minneapolis, Minnesota
this 23 day of September, 2003.
BRUCE H. JC
Acting Chief A
6121341-7600
Law Judge
Subpoena requested by: Virginia Palmer, 651-266-8710.
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�.. STATE OF MINNESOTA
' OFFICE OF ADMINIS'1'RATIVE HEARINGS
-,;�;; `^ HEARING SUBPOENA
TO: Officer Robert Jerue
St. Paul Police Department
100 East 11�' 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 Barbara L. Neiison of the O�ce of
Administrative Hearings of the State of Minnesota, at St. Paul City Hall, Room 220,
Conference Room B, 15 West Kellogg Boulevard, in the City of St. Paul, Ramsey
County, Minnesota, on the 8 day of October, 2003 at 9:30 o'clock in the forenoon, to
appear as a witness in the matter of All Licenses He►d bv Darp Corporation d/b/a Fitti's.
for the Premises Located at 828 Seventh Street East in St. Paul. License ID #94963•
OAH Docket No. 11-6020-15527-3
Pursuant to the authority granted at Minn. Stat. § 14.51, to the Honorable Bruce
H. Johnson, Acting Chief Administrative Law Judge, at Minneapolis, Minnesota
this 23`� day of September, 2003.
BRUCE H. JOHNS�
Acting Chief Administr tive Law Judge
612/341-7600 �\
Subpoena requested by: Virginia Palmer, 651-266-8710.
STATE OF MINNESOTA D� i 7I�
September 23, 2003
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Virginia D. Palmer
Assistant City Attorney
City of St. Paul, Civil Division
400 City Hall
15 West Kellogg Boulevard
St. Paul, Minnesota 55102
Re: In the Matter of All Licenses Held by Darp Corporation d/b/a Fitti's,
for the Premises Located at 828 Seventh Street East in Saint Paul,
License ID #94963; OAH Docket No. 11-6020-15527-3
Dear Ms. Palmer:
Pursuant to your letter of September 22, 2003, please find enclosed the originai and one
copy of the subpoenas you requested in the above matter.
Sincerely,
`�"��.�.a., L - ` � - rn'���
BARBARA L. NEILSON
Administrative Law Judge
BLN:cr
Encl.
Tefephone: (612) 341-7604
Providing Impartial Hearing for GovernmeM and Citizens
An Equal Opportunity Employer
Administrative Law Section & Administrative Services (612) 341-7600 • TTY No. (612) 341-7346 � Fax No. (612) 349-2665
�� i
.. �
OFFICE OF TFIE CtI'Y ATTORNEY
Manvel J. Cervm�rer, Ciry Auatrrey
CITY OF SAINfi PAUL
RanEy C. Kelty, Mayror
DATE:
TO:
Septemtver 22, 2003
c=Krrnws,on
40p C7ryHalf
/S WertKellaggBlr�.
Saint Pcul, Mtnnesorn SSIO2
Fax rwvusnnissioN
Judge Barbara L. Neifson
dfftce of Administrative Hearings
FAX No.: 612-349-2665
NUMBER OF PAGES (iinciuding cover page): 3
FROM: Peter Parigborn
Legal Assistant
St. Pau! City Aitorney's Office
400 City Fiall
F'AX No.: 651-298-5619
lf you do nof reCeive all pages of fhis fransmisslon, please contact:
Peter pangkrom Telephone No. 659-26H-8TT6
Telephonc 65) 2668710
Fncsrmile: 651298-56I9
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CITY OF SAIl�iT PAUL
Rapdy G%fly, Maynr
September 22, 2003
OFFICE OF THE CITY ATTORNEy D ���
Marswe[ J. Cerwnle; Ci� Altorney
CTvRDivisian
COOC7tyHaf( Telrpleoru:65I266-8970
15WestXefloggBlvd FacsiaiLe: 65719&5619
SalM Panl, Minneaor¢ 55102
SENT VIA FAX AND U.S. MAIL
Administrarive Law Judge Barbara L. Neilson
Office of Administrative Iiearings
100 Washtngton Square, Suite 2700
Ivlinneapolis, Mianesota 55401-2138
RE: October 8, 2003 Administz'arive Hearing - Darp Corporation d/b/a Fitti's
Dear Judge Neiison:
The purpose of this letter is to requsst subpoenas pursvant to Mininesota Rules, pazt
1400.7000 relating to the abov�mentioned conYested case hearing that is scheduletl to be heard
before you on Wednesda�y, October $, 2003. This request is made on bahalf o£ Ms. Virginia
Palmer, the attomey assigned to this mat#er. The City of St. Paul licensing division will be
caliing these witnesses to teslify regazding the incidents which serve as the basis for the action
against the licenses held by Darp Corporation d/b/a Fitti's.
In order to ensure that these individuals will be in aftendance #o testify, Uxe City of St.
Paul requests from the State Office of Administrative Hearings subpoenas £or the following
individuals:
I. Sgt. Tina R'�cNamara 2, Officer Pacrick Murphy
St. Paul 1'olice Departmept $� Paul Police Departnqent
i00 East 11� Street 100 EasE 11'� Street
Saint Pan1,lVlinnesota 55101 Saint Panl, Mianesota 55101
3. Officer liobert Jerne
St. Panl Police Department
100 East ll�h Street
Saiat Paw�, Minnesota 55IOI
The hearing is scheduled to start at 9:30 a.m. on Wednesday, October 8, 2003, in Room
220, Conference I2oom Et, St. Paul City Ha11, 15 West Kellogg Boulevard, SL Paul, MN 55102.
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, Page 2
Administrative Law Judge Barbara L. Neilson
September 22, 2003
If you need additional informarion or have any questions regarding this request, please do
not hesitate to cali me at (651) 266-8776. Thank you for your coz�sideration in this nnatter.
Sincer�
,,• �. .
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Peter P. Pangb
Legal Assistant
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CITY OF SAINT PAUL
Randy C. Kelly, Mayar
August 15, 2003
Owner/Manager
Fitti's
828 7` Street East
Saint Paul, MN 55106
D3�7a
OFFICE OF THE CITY ATTORNEY
Manuel J. Cervartfes, CiryAllorney
�G ^J �/;,� � �
= f � CivilDivis3on
� �, ' 480 City Hal[ Te(ephone: 651 166-8710
:[^
�Y�P.'estKelloggBlvd. Facsimile:65l198-5619
' �- Li ? Saini Paul, Minnuata 55l02
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NOTICE OF HEARING
RE: All Licenses held byDarp Corporation d/b/a Fitti's, for the premises located at 828 7"' Street
East in Saint Paul
License ID #: 94963
Deaz Sir/Madam:
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: Monday, September 8, 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: Kathleen D. Sheehy
Of£ce of Administrative Aearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 612-341-7602
The Council 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 L,egislative Code. In the case of licenses for intoxicating and non-
AA-APA-EEO Employer
o3-97a
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 May 8, 2003, Saint Paul police officers went to Fitti's on a
pro-active police visit after an anonymous complaintwas received
regarding gang activity in the establishment Police left the bar
at around 12:30, at which time the bartender locked the front
door. The police were called back to the establishment on a fight,
but could not gain access because the door as locked and nobody
would open it. Police eventually gained access after a patron
opened the door.
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 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 wish to
present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may
in addition hear relevant and material testimony from persons not presented as witnesses by either
party who have a substantial interest in the outcome of the proceeding; for example, the owners or
occupants of property located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Concluding arguments may be made by the parties.
Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
You should bring to the hearing all docuxnents, 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
03 97a
If you have any questions, you can cail me at 266-8710.
Very truly yours,
�D'�,r�.l�.� ���x..
Virginia D. Palmer
Assistant City Attorney
cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700,
Mpls, MN 55401
Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director of LIEP
Karin DuPael, Community Organizer, Dayton's Bluff Dirstrict 4 Community Council,
798 E. 7th St., St. Paul, MN 55106-6625
Notice of Hearing - Page 3