04-1124Council File # � � � � ��`�
Green Sheet # 3 oa�{ 6 g�
RESOLUTION
CITY O� SAINT PAUI,, MINNESOTA
. �3
Presented By
Referred To
C • �� u - ��.i'�.--'
WFiEREAS, adverse action was initiated against the licenses held by Diamond Dewy's, Inc.,
d/b/a Pub East, for the premises lceated at 1180 East 7`� Street in Saint Paul, alleging violations of
allowing patrons to leave the licensed premises with alcoholic beverages on October 6, 2004 and
consumption and display of alcoholic beverages after hours on October 14, 2004; and
WHEREAS, Licensee was the subject of a prior adverse action and on Apri128, 2004, in City
Council File #04-470, the City Council stayed a thirty day suspension of their licenses for a period of
eighteen montt�s on the condition that they have no other violations; and
WHEREAS, the Office of License, Inspec6ons and Environmental Protection has recommended
a fine of $1,000 and imposition of the stayed thirty day suspension; and
WHEREAS, Licensee has not contested the allegations; now, therefore, be it
15 RESOLVEA, that the licenses held by Diamond Dewy's, Inc., dfbfa Pub East, for the premises
16 located at 1180 East 7�' Street in Saint Paul, are hereby suspended for a,period of tlrirty days, and the
17 Licensee is further ordered to pay a fine of $1,000, to be paid within thirty days of the passage and
18 approval of this resolurion, for the violaUons of allowing patrons to leave the licensed premises with
19 alcoholic beverages on October 6, 2004 and consumption and display of alcoholic beverages after hours
20 on October 14, 2004. Said suspension shall become effective at 12:01 a.m. on Wednesday, December
21 22, 2004 and continue until ll:59 pm. on Thursday, January 2Q 2005.
22
23 This Resolution, and the action taken above, aze based upon the facts contained in the October
24 21, 2004 Notice of Violation letter to the licensee and the azguments made at the public hearing on
Requested by Department of:
�: ���v � �
Adopted
Adoption
BY� _�
Approved
�' � —
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� Creen Sheet Green
Lp — LicrnselGispecdon/Environ Prot
Contact Person 8 Phone:
Vsginia Patmer
266-8710
Must Se on
Sheet Green Sheet Green Sheet Green Sheet Green Sheet
b �- !/��{
Date IniGated:
02 - A , o �� Green Sheet NO: 3024088
� p Y n i nvir n ro
q, 1 icense/[ns nvir n ro De artment irector
Numbe� 2 tt rne
Fof g a r's0 ice �lavodASSis nt
Routing
Order 4 ou ci1
5 'tv Clerk itv CI rk
Total # of Signature Pages„(Clip AII Locations for Signature)
Action Requested:
Approval of the attached xesolution to take adverse action against all licenses held by Diamond Dewey's, Tnc. d/b/a Pub East (License
ID#0067176} for the premises located at 1180-7th Street East in Saint Paul.
idatlons: Apprwe (A) or R�
Planning Commission
CIB Committee
Civil Service Commission
L Has this person/firm ever worked under a confract for this department?
Yes No
2, Has this person/Flrm ever been a city employee?
Yes No
3. Does this person/firm possess a skifl noi normally possessed by any
curtent city empbyee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, fssues, Opportunity (Who, What, When, Where, Why):
Licensee allowed patrons to leave the licensed premises with aicoholic beverages on October 6, 2004 and allowed consumption end
display of alcoholic bevetages afrer hours on October 14, 2004.
AdvantaneslfApproved:
Penalty imposed as recommended by the Office of LIEP.
DisadvantaStes If Approved:
None
DisadvanWges 4t Not Approved:
Penalty not imposed as recommended by the Office of LIEP.
otal Amount of
Transadion:
Fundinp Source:
Financial infiormation:
(Explain)
CosURevenue Budgeted:
Activiry Number:
� �����rch C2r.ter
',� ' � � '� t'.
oFFICE Or 1 x�. C11 x Ei i
Manue! l Cervanaes, Ciry Auorney
CITY OF SAINT PAUI- Civi2Divisiart
Randy C. Ketly, M¢yor 400 Ciry Hall
I S Wut Kellogg Blvd.
Saint Paul, Minnuota SSIOZ
�.�++
November 3, 2004
NOTICE OF COUNCIL AEARING
Ms. Cindy Trumbie
Pub East
1180 - 7`� Street East
St. Paul, MN 551Q6
O�� �I'
Telephone: 651166-8710
Facsimi[e: 651298-3619
RE: All licenses held by Diamond Dewey's, Tnc., d/b/a Pub East for the premises located at
1180 - 7` Street East in Saint Paui
License ID #0067176
Deaz Ms. Trumble:
Please take notice that this matter has been set on the Public Hearing Agenda for the City Council
meeting scheduled for 5:30 p.m., Wednesday, December 1, 2004 in the City Council Chambers, Third Floor,
Saint Paul City Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolution and other documents which will be pzesented to the City
Council for their consideration. This is an uncontested matter in that the facts concerning the sale of
intoxicating beverages after 1:00 a.m and allowing patrons to leave the licensed premises with alcoholic
beverages have not been disputed. This matter has been placed on the public hearing agenda portion of the
City Council meeting, during which public discussion is allowed. The recommendation of the license office is
$1,000 fine and reinstatement of the 30 day suspension originally imposed at the Apri128, 2004 City Council
Meeting.
If you have any questions piease feel free to contact me at 266-8710.
V ery truly yours,
����v� ���
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Duector of LIEP
�/Mary Erickson, Assistant Council Secretary, 310 City Hall
Ms. Karin DuPaul, Dayton's Bluff District 4 Community Council, 798 East Seventh Street
St. Paul, MN 55106-6625
AA-ADA-EEO Employer
v �- i�a�
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Date:
Diamond Dewey's, Inc. d/b/a Pub East
1180 -'N` Street East, St. Paul, MN 55106
Wednesday, December 1, 2004 @ 5:30 p.m.
Violation: Allowing patrons to leave the premises with
alcoholic beverages in violation of Saint Paul
Legislative Code §409.08(15). Sale of alcoholic
beverage after 1:00 a.m. at the premises in violation
of Saint Paul Legislative Code §409.07(a).
Date of Violations: October 6, 2004 & October 14, 2004
Recommendation of Assist�nt City Attorney on behalf of client, Office of
License, Inspections and Environmental Pxotection:
Penalty imposed against all licenses of a$1,000 �ne and reinstatement
of the 30 day suspension originally imposed at the Apri128, 2004 City
Council Meeting.
Attachments:
1. Proposed resolution
2. Letter dated 10/28/04 from Cindy Trumble requesting public
hearing.
3. Notice of Violation dated 10/21/2004.
o� iizy
STATE OF MINNESOTA)
) ss.
CO[JNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
NLIE KRAUS, being first duly swom, deposes and says that on October 22, 2004 she
served the attached Notice of Violation by placing a true and correct copy thereof in an envelope
addressed as follows:
Pub East
1180 - 7"' Street East
Saint Paul, MN 55106
Ms. Karin DuPaul
DayCOn's Bluff District 4 Community Council
798 East Seventh Street
St. Paul, MN 55106-6625
(which is the last Irnown address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
y
�°w JOAN�E C,. GIEMENTS
NO?ARY w , g�IG MINNESOTA
"��,�' MYCOdAAtISSION
EX9:RcS JAN. 31, 2005
�
OFFICE � IHE CITY ATTORNEY
Manuel J. Cervantu, City A+torney
d��ray
SAINS
YAUL
�
AAl1A
CTTY OF SAINT PALTL
Randy G Kelly, Mayor
CiVilDlvtStO#
400 Ciry Ha[I
I S Wert Kellogg Bh�d.
Snint Paul, Nfinnesata 55102
Telepkone: 65126G8710
Fauimite: 631 298-5679
October 21, 2004
Pub East
1180 - 7'� Street East
Saint Paul, MN SS106
NOTICE OF VIOLATION
RE: All Licenses held by Diamond Dewey's, Inc. d/b/a/ Pub East for the premises located at 1180 - 7`� Street East in
Saint Paul
License ID #:OQ67176
Dear Owner/Manager:
The Office of License Inspections and Environmental Protection (LIEP) has recommended adverse action against
all licenses held by Diamond Dewey's, Jnc. d/b/a Pub East for the City of Saint Paul. The basis for the recommendation
is as follows:
On October 6, 2004, Sgt. Tina McNamara of the Saint Paul Police Department, observed a group
of about ten people in the rear of Pub East Bar,1180 7th Street East, in the parking lot area. As
she drove up, the group saw her and went quickly back into the bar. Sgt. McNamara observed
plastic glasses with what appeared to be alcohol spilled on the ground where the group had been
standing. Sgt. McNamara went inside and informed the bartender, Steven Trumble, that people
were drinking in the rear parking lot, and he agreed to monitor the door.
Sgt. McNamara went outside, and while talking to another officer, observed a patron svalk out
the door of Pub East carrying a plastic glass with alcohol in it. The individual stated that he was
drinking a boilermaker, and acknowledged it was beer mixed with liquor. Sa . McNamara went
in and informed the bartender that a patron had just waliced out the door in front of her with the
drink and that she would be writing a report. Trumble appeared unconcerned. Saint Paul
Legislative Code §4U9.08 (15) states that "each on-sale licensee shall have the responsibility of
taking reasonable and adequate steps to prevent persons from leaving the ]icensed premises with
a bottle, can or glass containing any alcoholic beverage, and the failure to do so may subject such
licensee to adverse action against his or her license."
pp-ADA-EEO EmployeY
�
Pub East
October 20, 2004
Page 2
O� �/25/
On October 14, 2004, Sgt. Mc�Iamara observed several cars parked outside Pub East after 1:30
a.m. Sgt. McNamara was aware that the bar did not have a 2.:00 a.m. closing license. She waited
outside unril three men walked ont oithe bar, at which time she entered. It �vas then 1:42, and she
observed ten people at the bar, plus the bartender, Steven Trumble. There was an open bottle of
Genuine Draft beer on the bar, half £ull, as well as other glasses, which the bartender threw when
he saw her come in. There was also money on the bar.
Trumble initially stated that everyone in the bar was helping him clean. When asked which of the
people were employed by Pub East, Trumble pointed to rivo men and a Fvomen. None of the other
people in the bar at that time were identified as being employees. Saint Paul Legislative Code
§409.07 (a) prohibits the sale of intoxicating liquor after 1:00 a.m. and Saint PaulLegislative Code
§409.07 (c) prohibits the consumption or display of liquor upon the premises of an on-sale licensee
at any time when the sale oF such liquor is not permitted.
The recommendation by the Office of LIEP is a$1,000 fine and reinstatement of the 30-day suspension originally
imposed at the Apri128, 2004 Council meeting.
At this time you have two options on how to proceed:
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.
2. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before az:
Administrative Law 7udge (AI.J). If you wish to have �uch a hear?ng, please send me a letter stating that you aze
contesting the facts. You will then be sent a"Notice of Hearing," so you will lmow when and where to appear, and
what the basis for the hearing will be.
In either case, please let me know in writing no later than Monday, November 1, 2004 how you would like to
proceed. IfI have not heard from you by that date, I wili assume that you are not contesting the facts of theviolation.
The matter will then be scheduled for the St. Paul City Council and placed on the Consent Agenda during which no
discussion is allowed and the recommended penalty wi11 be imposed.
If you have any questions, you can call me at 266-8710.
Very truly yours,
� � � ""�
Virginia . Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
Ms. Karin DuPaul, Dayton's Blu£f District 4 Communiry Council, 798 East Seventh Street,
St. Paul, MN 55106-6625
AA-ADA-EEO Employer
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