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04-398AMENDED - APRIL 7, 2004 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented � `�'�'-�du-tSSi� � Refened To Committee: Date GI WHEREAS, adverse action was initiated against all of the licenses held by Megali, Inc., d/b/a Gabe's by the Pazk for the premises located at 991 I.exington Parkway North in St. Paul, based upon a felony conviciion of the sole shareholder of the corporate licenseholder by Notice of Violation dated Mazch 23, 2004; and 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ion, t 2: 00 a.m. closing is WHEREAS, licensee received the Notice of Violauon and requested a hearing before the City Council to discuss the appropriate penalty; and WHEREAS, the recommended penalty in the Notice of Violation was a$2000 fine together with a 30-day suspension of the licenses, with 20 of those days stayed for a period of eighteen months on the condition that there be no other violations during that time, and pay the fine. This is a downwazd departure from the recommended penalty in Saint Paul Legislative Code §409.26 of revocation of the license, and the departure is based upon the fact that Mr. Weiss has indicated his intent to sell his establishment and would no longer be permitted to be a shazeholder or officer of any corporation holding the liquor license, nor involved in the active management of the baz; now, therefore be it RESOLVED, that Megali, Inc., d/b/a Gabe's by the Park, is here�ordered to pay a$2000 fine and $2000' in and all licenses are suspended for a period of 30 days, wi*�� rth ays being stayed for a period costs of eighteen months on the condition that there be no other violations during that time, and that the fine b� d$ 2000 : paid within thirty days of the passage and approval of this resolution. T� �^�^��:^� ��» �- �- ' —�� Council File # �Tl' �� Green Sheet # �QI�� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Shee�� 6eparhneMiofficetcouneil: Date tnitiated: '�- - � -L��;o��t Z��,R� Green Sheet NO: 3014156 Contact Person 8 Phone• Deoartment Serh To Person 1'tiallD Y�ginia PelmBr � 0 ice 'on/Envirou Pro I /� � Z�� Assign 1 iceose/ins Mioo/EnvironPro De ar[mentDirector 1' � � 3J2 IX� Must Be on Councif Agemia by (Date): Number 2 Citv Attornev I r '�(� L`'f 07-APR-04 For Routing 3 a or's Office Ma odASSistant I Order 4 ou¢cil 5 C'ri Clerk CiN Clerk Total # of Signature Pages _(Clip All Locations for Signature) � Action Requested: Council approval of a resolurion ordering Megali, Inc., d/b/a Gabe's by the Pazk to pay a$2,000 fine and have all licenses suspended for a period of 30 days, with 20 of the days stayed with conditions. In addirion, Timoffiy John Weiss shall have no management responsibility within the establishment and shatl no longer hold the license for Gabe's by the Pazk. . Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm everworked under a contract for this department? CIB Committee Yes No Civii Service Commission 2. Has this person/firm ever been a city employee? Yes No - 3. Does this person�rm possess a skill not normally possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who; What, When, Where, Why): Timothy John Weiss has pled guiky to a felony involving h�ansmission of wagering information after an investigation of gambling activity on the licensed premises. AdvantageslfApproved: ' RECENED 004 DisadvantaSles If Approved: MAy�R'S OFFICE DisadvaMages If Not Approved: � � Total Amount of CosURevenue Budgeted: Trensaction: Funding Source: Activity Number: �.�"� �'2'�°?'��'"a? ±��s��? Financial Infortnation: (ExPlain).� . �� Q ��3R5i YS�b f (�1-3gS OFFICE OF Tf� CTTY ATTORNEY Manuel J. Cervantes, Ciry Artomey CIT'Y OF SAINT PAUL . Kelly, Mayar w� CFvH Division 400 Ciry Hal[ IS West Kelbgg Blvd. Sain[ P¢¢i, Minnesor¢ SS102 Telephone: 65! 266-8770 Facsimi[e: 65I 298-5679 Mazch 25, 2004 NOTICE OF COUNC3L HEARING Tim Weiss Gabe's by the Park 991 Lexington Pazkway N. Saint Paul, Minnesota 55103 RE: All licenses held by Megali, Inc. dlb/a Gabe's by the Park for the premises located at 991 L.exington Parkway North in St. Paul License ID No.: 0092004 Deaz Mr. Weiss: 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, April 7, 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 presented to the City Council for their consideration. This is an uncontested matter in that the facts concerning the existence of the felony conviction have not been denied. Per your request this matter has been placed on the public hearing agenda portion of the City Council meeGng, during which public discussion is allowed, for the purpose of addressing the appropriateness of the penalty being recommended by the Office of License, Inspections and Environmental Protecfion. The recommendation of the license office is for a$2,000.00 fine If you have any questions please feel free to contact me at 266-8710. Very truly yours, C/v�- ; 'u.l,Ck-lJ ��rwh Virgini�. Palmer Assistant City Attorney cc: Mary Erickson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP District 10 Como Community Council, 1556 Como Avenue, Saint Paul, NIN 55108-2543 AA-ADA-EEO Employer ��31Y UNCONTESTED LICENSE MATTER Licensee Name: Gabe's by the Park Address: 991 Lexington Parkway N. Councii Date: Apri17, 2004 @ 5:30 p.m. Violation: Convicfion of a felony RecommendaUon of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $2,000.00 fine together with a 30-day suspension of your license, with 20 of those days stayed for a period of eighteen months on the condition that you have no other violations during that time and pay the fine. No management responsibility within the establishment, in addition to no longer holding the license. Attachments: 1. Proposed resolution Z. Notice of Violation SAfNi PAUL � AAAA CITY OF SAINT PAUL Randy C. Kelly, Mayor Mazch 23, 2004 OFFICE OF T'HE CITY ATTORNEY �-� `� Manue!!. Cervantes, Ciry Anomey CivilDiv"uion 400 Ciry Hall Te[ephone: 651 26687(0 IS Nest Kel[ogg Blvd Facsimile: 651 298-5619 Sainr Pa��(, Mirsnesota 55/02 NOTICE OF VIOLATION Owner/Manager Gabe's by the Park 991 I.exington Parkway N. Saint Paul, Minnesota 55103 RE: All licenses held by Megali, Inc. d/b/a Gabe's by the Park for the premises located at 991 Lexington Pazkway North in St. Paul License ID No.: 0092004 Dear Sir/Madam: The Director of the Office of License, Inspections and Environmental Protection wili recommend that adverse action be taken against your licenses based on the following information: Timothy John Weiss has pled guilty to a felony involving transmission of wagering information after an investigation of gambling activity on the licensed premises. At the time of this conduct, Weiss was the sole shareholder in the corporation holding the above-referenced licenses. The licensing office will recommend a$ 2,000.00 fine, together with a 30-day suspension of your license, with 20 of those days stayed for a period of eighteen months on the condition that you have no other violations during that time and pay the fine. This is a downward departure from the recommended penalty in Saint Paui Legislative Code §4Q9.26 of revocation of the license, and the departure is based upon the fact that Mr. Weiss has indicated his intent to sell his establishment and would no longer be permitted to be a shazeholder or officer of any corporation holding the liquor license. At this time you have two options on how to proceed: If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council to discuss the appropriate penalty, you wili need to send me a]etter AA-ADA-EEO Employer Gabe's by the Park March 23, 2004 Page 2 � with a statement admittina the violations and requesting a hearing by Monday, April 5, 2004. The matter will then be scheduled before the City Council for a public hearin� to determine what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf as to the penalty to be imposed. 2. If you do dispute the above facts, a hearing will be scheduled before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence, and cross-examine the others witnesses. The St. Paul City Council will ultimately decide the case. If you have not contacted me by Apri15, 2004, I will assume that you are no[ contesting the facts and will schedule this matter for a hearing before the City Council for a consent agenda, at which time the recommended penalty will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, / / 1 p L/,LucCUJ � CtF�..�h Virginia�. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP District 10 Como Community Council, 1556 Como Avenue, Saint Paul, MN 55108-2543 AA-ADA-EEO Empioyer OFFICE OF THE CTI'Y ATTORNEY v/ •�� Manuel7. Cervantes, Ciry Attorney CITY OF SAII�TT PAUL . Kelly, M¢yor Civil Division 400 Ciry Ha1! IS West Kellagg Blvd Saint Paul, Minnesom 55702 Te[ephone: 651266-8710 Facsimile: 651298-5619 March 25, 2004 NOTICE OF COUNCIL HEARING Tim Weiss Gabe's by the Park 991 Lexington Parkway N. Saint Paul, Minnesota 55103 RE: All licenses held by Megali, Inc. d(b(a Gabe's by the Pazk for the gremises located at 991 Lexington Pazkway North in St. Paul License ID No.: 0092004 Deaz Mr. Weiss: 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, Apri17, 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 presented to the City Council for their consideration. This is an uncontested matter in that the facts concerning the existence of the felony conviction have not been denied. Per your request, this matter has been placed on the pubiic hearing agenda portion of the City Council meeting, during which public discussion is allowed, for the purpose of addressing the appropriateness of the penalty being recommended by the Office of License, Inspections and Environmental Protection. The recommendation of the license office is for a$2,000.00 fine If you have any questions please feel free to contact me at 266-8710. Verytrulyyours, � _ * ,�._ r ��„ �� v �,� �,�.,�:�: : �- ��- ,- , . ,_. .:, r. � �. , :�,;, � Virgini . Palmer 'i`:r�.o � � �'v�� , Assistant City Attorney cc: Mary Erickson, Assistant Council Secretary, 310 City Hall Chzistine Rozek, Deputy Director of LIEP District 10 Como Community Council, 1556 Como Avenue, Saint Paul, N1N 55108-2543 AA-ADA-EEO Employer