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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 ��n�t4FF� OCT c � 2Q03 �;� 6 Y �;L�KK b3-9�a 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 �, / � ,� II / • 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 ��fay y jL_i>>..- . :. CITY OF SAINT PAUL RandyC%[[y 2QG3 $c? 23 �ri S� 25 - ���� t: ri i': �i7 t::> '- r. i : i. 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 AA-ADA-EEO Employer p3-�I2� ��... ° =� `=:� _ - �1=� 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. o3-�?a �... ` -;:��r� - =:��1: y. 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. �3-��a �.. 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 AA-AbA-BEO Employer EBiTO'd 6Z9S 86Z SS9 J,3N2i011C 1,lIJ �fltid 1S LS:9� £00Z—ZZ—d3S 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. £BiZO'd 6S9S 86Z 'CS9 AA•ADA•BEO Employer 1,3N21011C 1,1I� �fltld 1S LS:9S £BaZ—ZZ—d3S £0'd �tl101 , 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� ,,• �. . .� � vti � Peter P. Pangb Legal Assistant �3-��z AP.-ADA•EEO Employer �0/£0'd 6S9S 86Z ZS9 .13N21011tl 1,1I� �fltld 1S LS:9ti £0aZ—ZZ—d3S 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 :�� � 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