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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Council File # �h� S/��
Green sheet # �D/55�� �
Committee: Date
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VJHEREAS, adverse action was initiated against all of the licenses held by 7K Corporation of St.
Paul d/b/a Depot Bar for the premises located at 241 Kellogg Boulevazd E. in St. Paul (License #
0096489) based upon a felony conviction of John Joseph Kelly, a shareholder of the corporate
licenseholder, by Notice of Violation dated Mazch 23, 2004; and
WHEREAS, licensee received the Notice of Violation and requested a hearing before the City
Council to discnss the appropriate penalty; and
RTHEREAS, 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 downward
departure from the recommended penalty in Saint Paul Legislative Code §409.26 of revocation of the
license, based upon the fact that John Joseph Kelly has removed himself from the corporate entity
holding the license; therefore be it
ana $200o costs
RESOLVED, that JK Corporation of St. Paul d/b/a Depot Bar, is hereby ordered to pay a$2000
fin and all licenses are suspended for a period of 30 days, ��++h +�x,A.,�.� .,FrhP a.,.,� �,>__ stayed for a
period of eighteen months on the following conditions: 1) that there be no other violations during that
time; 2) that John Joseph Kelly is not to hold office in the corporate license holder, nor is he to take any
active management role in the operation of the�business; aw3 3) that the fine be paid within thirty days
of the passage and approval of this resolution.' The suspension shall be begin at 12:01 a.m. on
Wednesday, May 26, 2004 and be effective through 11:59 p.m on Friday, June 4, 2004.
and 4) 2:00 a.m. closing is revoked for 18 months effective May 26 2004
Requested by Department of:
B}':
Form Approved by City Attor�
By: "'7/L'�L'/GVLGQ � Y �,.�,i/l
/
for Submission to Council
By: / /
Approved
BS' _
Adoption Certifie4l by Council Secretary
(y{-4
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartrnenUofficeleouncil: Date Initiated:
�P -L,cea�,��tlo�n,,;��� �-�R.� Green Sheet NO: 3015437
Cor�ct Person ffi Phone• Deoartrnent Serrt To Person I�n /D e . � y �
Vrtjinia Pelme� � 0 'cense/In 'on/E¢ " n o ��'/! /L �7�Z �r�
266-8710 E- {
Assign 1 ceoseAns tiodEnvironPro e a entDirector -�� a�
M Be on Council Agen by (Date): Number 2 iCitv Attornev I
a � o For
�� ��G v Routing 3 a or•s�ce Ma or/Assisfaot
Order 4 ounN
5 ' Cierk Ciri Cterk I
Total # of Signatu�e Pages _(Clip All Lowtions for Signature)
Action Requested:
Adverse action (consisting of a$2,000 fine and having all licenses suspended for 30 days with 20 of those days being stayed for a
period of 18 months with condi6ons) against the licenses held by 7K Corporation of Saint Paul d/b/a Depot Baz for the premises
located at 241 Kellogg Boulevazd E. in Saint Paul.
Recommendations: Apprwe (A) or Rejed (R): Personal Service Contracts Must Answer the Foliowing Questions:
Planning Commission 1. Has this persoNfirm ever worked under a wntrad for this departrnent?
CIB Committee Yes No
Civil Service Commission 2. Has this perso�rtn ever been a city employee?
Yes No
� 3. Does this person/fittn possess a skill not normalty possessed by any
curtent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, IMry):
Joseph Kelly, a shaze hnlder of the corporate license holder, was convicted of a felony level illegal gambling chazge.
Advantages If Approved:
Disadvantages If Approved:
Disadvantas�es If Not Approved:
Tota� Amount of CostlRevenue Budgefed:
Tra�saction:
� Pundinq Source: Activity Number:
Financial Information:
(ExPiain) -
Counci] File # �� � O
Green Sheet # �t5���
RESOLUTION
CITY OF SAINT PAiIL, MINNESOTA
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Presented
Referred To
Committee: Date
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WHEREAS, a verse action was initiated against all of the licenses held by JK
Coiporation of St. Paul /a Depot Baz for the premises located at 241 Kellogg Boulevard E. in
St. Paul (I.icense # 00964 ) based upon a felony conviction of John Joseph Keliy, a
shareholder of the corporate �censeholder, by Notice of Violation dated Mazch 23, 2004; and
WHEREAS, licensee rece ed the Notice of Violation and requested a hearing before the
City Council to discuss the appropri e penalty; and
WHEREAS, the recommended p alty in the Notice of Violation was a$2000 fine
together with a 30-day suspension of the lic ses, with 20 of those days stayed for a period of
eighteen months on the condition that there be o other violations during that time, and pay the
fine. This is a downward departure from the rec mended penalty in Saint Paul I,egislative
Code §409.26 of revocation of the license, based u n the fact that John 3oseph Kelly has
removed himself from the corporate entity holding the �cense; therefore be it
RESOLVED, that JK Corporation of St. Paul dfb/a epot Baz, is hereby ordered to pay a
$2000 fine and all licenses are suspended for a period of 30 d s, with twenty of the days being
stayed for a period of eighteen months on the following conditio : 1) that there be no other
violations during that time; 2) that John Joseph Kelly is not to hold fice in the corporate license
hoider, nor is he to take any active management role in the operation o the business; and 3) that
the fine be paid within thirty days of the passage and approval of this res ution. The suspension
shall be begin at 12:01 a.m. on Wednesday, May 21, 2004 and be effective rough 11:59 p.m. on
Requested by Department o£:
Adopted by Council: Date
Adoption Certified by Council Secretary
BI'�
Approved by Mayox: Date
By:
Hy. .
FoTIn
By: .
Appn
By: �
by City A y
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OFFICE OF THE CITY ATTORNEY
Manuef J. Cerv¢ntes, CiryAtmmey
CITY OF 5AINT PAUL
Rartdy C. Kel(y, Mayor
Civil Division
400liry• Haii
15 West Kellogg Blvd.
SaintPa�d, Minnesnt¢ iJ10?
Telepfione: 651 266-8710
Facsimile: 6512985679
April 14, 2004
NOTICE OF COUNCII. HEARING
Robert G. Malone
Attomey at Law
101 East Fifth Street, Ste. 800
Saint Paul, MN 55101
RE: All licenses hetd by JK Corporation of St. Paul d/b/a Depot Bar for the premises located at 241
Kellogg Boulevard E. in St. Paul
License ID No.: 0096489
Dear Mr. Ma(one:
Please take notice that this matter has been set on the Public Aearing Agenda for the City
Council meeting scheduled for 5:30 p.m., Wednesday, April 28, 2004 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 conceming 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 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.
If you have any questions please feel free to contact me at 266-8710.
Very truly yours,
:��.� �S t��`I>�
Virginia� Palmer
Assistant City Attomey
cc: �Mary Erickson, Assistant Council Secretary, 310 City Hall
Christine Rozek, Depury Director of LIEP
CapitolRiver Council/District 17, 332 Minnesota Street, Suite W 1250, Saint Paul, MN 55101-
1314
AA-ADA-EEO Employer
�����
Law Offices of
ROBERT G. MALONE
Attomey at Law
101 East Fifth Street
Suite 80D
�t. Paul, MN 55101
Telephone (651) 227-6549
Telxopier (651) 297-6134
April 1, 2004
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Virainia D. Palmer
Assistant St. Paul
400 City Hall
15 W KelloqcT Blvd.
St. Paul, MN. 55102
City Attorney
Re: Depot Bar
License ID 0096489
Dear Ms. Palmer:
John Joseph Kelly did indeed plead quilty to misprision of a
felony, that is to say failinq to report a crime, on May 29,
2003. At that time he was an owner of the corporation holdinq
the above referenced license.
We urcte you to reconsider the proposed penalty
harsh. If you are unwillinq to do so, please
request for a hearinq before the city council.
� ��yf
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t . Malone
RGM:jo
cc: John Kelly
which seems overly
consider this a
Cerfified as a Crimiaal Tria1 Sqecialist by the National Board of Trial Advocacy
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
Mazch 23, 2004
OFFICE OF THE C1TY ATTORNEY V�� v
Manue7 J. Cervantes, Ciry Artomey
Civi[ Division
400 Ciry Hall Telephone: 6S7 266-8710
ISWestKelloggBlvd Facsimi(e:651298-56I9
Sain[ Paul, Minnesota 55102
NOTICE OF VIOLATION
Owner/Manager
Depot Bar
241 Kellogg Boulevard E.
Saint Paul, Minnesota 55101
RE: All licenses held by JK Corporation of St. Pau] d/b/a Depot Bar for the premises located
at 241 Kellogg Boulevazd E. in St. Paul
License ID No.: 0096489
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:
John Joseph Kelly has pled guilty to a felony involving
conspiracy to withhold information of a crime related to an
investigation of gambling activity on the licensed premises. At
the time of this conduct, Kelly was an officer in the corporation
holding the above-referenced licenses.
The licensing office wiil 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 I.egislative Code §409.26 of revocation of the license,
and the departure is based upon the fact thai N1r. Kelly has removed his name from the license
and would no longer be pertnitted to be a shareholder or officer of the 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 wiil need to send me a le[ter
AA-ADA-EEO Employer
Depot Baz � _ ��d
Mazch 23, 2004 0
Page 2
with a statement admitting the violations and requesting a hearing by Monday, Apri15,
2004. The matter will then be scheduled before the City Council for a pubiic hearing to
detemune what penalty, if any, to impose. You will have an opportunity to appear before
the Councii 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
Iaw Judge. At that hearing both you and the City will be able to appear and present
witnesses, evidence, and cross-examine the other s witnesses. The St. Paul City Council
wili ultimately decide the case.
Tf you have not contacted me by Apri15, 2004, I will assume that you are not 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 26b-8710.
Sincerely, �
'�� yx:.c�.� `��X-,�.�
Virgiil`ia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
CapitolRiver CouncillDistrict 17, 332 Minnesota Street, Suite W 1250, Saint Paul, MN
55101-1314
AA-ADA-EEO Employer