04-469l9ryi�nOf_d '���'��4�
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RESOLUTION
� CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Council File # �!� /�/ %
Green Sheet # .3�/.1 ���
Committee: Date
1 WHEREAS, adverse action was initiated against all of the licenses held by 7KR, Inc. d/b/a Jce &
2 Stan's for the premises located at 949 W. 7�' Street in St. Paul (License # 003570) based upon a felony
3 conviction of Kevin Kelly, a shareholder of the corporate licenseholder, by Notice of Violation dated
4 Mazch 23, 2004; and
6 Wf�REAS, licensee received the Notice of Violation and requested a hearing before the City
7 Council to discuss the appropriate penalty; and
8
9 WHEREAS, the recommended penalty in the Notice of Violation was a$2000 fine together with
10 a 30-day suspension of the licenses, with 20 of those days stayed for a period of eighteen months on the
11 condition that there be no other violations during that time, and pay the fine. This is a downward
12 departure from the recommended penalty in Saint Pau] Legislative Code §409.26 of revocation of the
13 license, based upon Yhe fact that Kevin Kelly has removed himself from the corporate entity holding the
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15
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17
18
19
20
21
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license; therefore be it
and $2000 Costs
RESOLVED, that JKR, Inc. d/b/a Joe & Stan's, is hereby ordered to pay a$2000 fine9and all
licenses are suspended for a period of 30 days «�;*h +�_�°^+�, ^f ��P ��•,° hA:^^ stayedfor a period of
eighteen months on the following conditions: 1) that there be no other violations during that time; 2) that
Kevin 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 �usiness; a� 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 duough 11:59 p.m. on Friday, 7une 4, 2004.
* and 4) 2:00 a.m. closing is revoked for 18 months effective May 26, 2004.
Requested by Department of:
By:
Form Approved City Attorne�
By: �L'YJ�.Lvt-�Q� � Q �.�-c-.
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By:
Appr
By:
Adoption Certi£ied by Council Secretasy
�' g
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Departrne�office/council: Da[e Initiated:
�p -�.��o�o��t �.�R.� Green Sheet NO: 3015436
CoMact Person & Phone• ���eM Sent To Person Initia
Vrginia Paimer � 0 ice 'o �iron
Z � » � Assign 1 iceose/fus 'oo/EnvironPro De rimeutDireetor L O
�M Be on Couneil ge by (Date): Number y � Att me
' �� �` �� Routing 3 or•s Office Ma or/Assistant
i�fah K Order a ouncu
9 5 ' Clerk Ci Clerk
Total # of Signature Pages _(Clip Ali Lowtions for Signature)
Action Requested:
Adverse acrion (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 condirions) against the licenses held by JKR, Inc.d/b/a Joe and Stan's for the premises located at 949 West
Seventh Street (License #003570).
Recommendations: Approve (A) or Rejed (R): Personal Service Contracfs Must Answer the Following Questlons:
Planning Commission 7. Has this personlfirtn ever worked under a wntrect for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Kevin Kelly, a shaze holder of the corporate license holder, was convicted of a felony level illegal gambling chazge.
AdvaMages If Approved: ,
Disadvar�s�es If Approved:
DisadvanWges if NotApproved:
Total Amount of CosURevenue Budgeted:
Transaction:
Funding Source: Activity Number:
Pinancial I Mormation: �
(Explain)
Council File # � ���
` Green Sheet # ��1 �
RESOLUTION
� _ CITY OF SAINT PAUL, MINNESOTA �
Presented By
Referred To
Committee: Date
WHEREAS, adve action was initiated against all of the licenses held by JKR, Inc.
d/b/a Joe & Stan's for the pr 'ses located at 949 W. 7�' Street in St. Paul (License # 003570)
based upon a felony conviction f Kevin Kelly, a shazeholder of the corparate licenseholder, by
Notice of Violation dated March , 2004; and
WHEREAS, licensee received e Notice of Violation and requested a hearing before the
City Council to discuss the appropriate pe alty; and
WHEEREAS, the recommended penalty ' 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 o er violations during that time, and pay the
fine. This is a downward departure from the recomm ded penalty in Saint Paul I.egislative
Code §409.26 of revocation of the license, based upon t e fact that Kevin Kelly has removed
himself from the corporate entity holding the license; there re be it
RESOLVED, that JKR, Inc. d/b/a Joe & Stan's, is here ordered to pay a$2000 fine
and all licenses aze suspended for a period of 30 days, with twent of the days being stayed fox a
period of eighteen months on the following conditions: 1) that there e no other violations during
that time; 2) that Kevin Keily is not to hold office in the corporate lice e holder, nor is he to
take any active management role in the operation of the business; and 3) that the fine be paid
within thirty days of the passage and approval of this resolution. The suspe sion shall be begin
at 12:01 a.m. on Wednesday, May 21, 2004 and be effecUve through 11:59 p. . on Friday, May
Requested by Department of:
By:
I ` ° �` u��._JI Form Approved by City A
u �-i �
Adopted by Council: Date By: �
Adoption Certified by Council Secretary
B�': By:
Approved by Mayor: Date
Byc
CITY OF SAINT PAUL
R¢ndy C. Kelly, Mayor
Apri114,2004
0�1-��9
OFFICE OF Tf� CIT'Y ATTORNEY
Manuel J. Cervantes, Ciry Attarney
CivilDivision
400 City Nali Tetephane: 657 266-8710
7� NestKel/oggBlvd. Facsimi[e:651298-5679
Sainr P¢ul, Minnesara 55102
NOTICE OF COUNCII, HEARING
Owner/Manager
3oe & Stan's
870 Payne Avenue
Saint Paul, Minnesota 55101
RE: All licenses held by JKR, Inc. d/b(a Joe & Stan's for the premises Located at 449 W. 'I`"
Street in St. Paul
License ID No.: 003570
Deaz Sir/Madam:
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 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 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 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, �
�� �-u-LQ� � `^T nc1�Z
Virgmia D. Palmer
Assistant City Attomey
cc: ` Erickson, Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director of LIEP
West 7`"/Fort Road Federation, 974 West Seventh Street, Saint Paul, Mn55102-3520
AA-ADA-EEO Employer
CITY OF SAINT PAUL
Randy G Kefly, Mayor
Mazch 23, 2004
Owner/Manager
Joe & Stan's
949 W. 7�' Street
Saint Paul, Minnesota 55101
[}�• ��i1
OFFICE OF Tf� CITY ATTORNEY
Manuell Cervontes, CiryAttomey
Civi! Division
400 Ciry Hafl Telephone: 65l 266-8710
IS West Kel[ogg B(vd Facsimi7e: 651 298-5619
Saint Paui, Minrtesota SS102
NOTICE OF VIOLATION
RE: Ail licenses held by JKR, Inc. d/b/a Joe & Stan's for the premises located at 949
W. 7�' Street in St. Paul
License ID No.: 003570
Dear Sir/Madam:
The Director of the Office of License, Inspections and Environmental Protection will recommend
that adverse action be taken against your licenses based on the following information:
Kevin 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, Kevin Kelly was an officer 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 Pau] Legislative Code §409.26 of revocation of the license,
and the departure is based upon the fact that Mr. Kelly has removed his name from the ]icense
and would no longer be pernutted to be a shazehoider 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 will need to send me a letter
AA-ADA-EEO Hmployer
c�l-��9
Joe & Stan's
949 West 7"' Street
St. Paul, Minnesota 55102
April 1, 2004
Virginia D. Palmer, Assistant City Attomey
City of Saint Paul, Civil Division
400 City Hall
15 West Kellogg Blvd.
St. Paul, Minnesota 55102
_ � r .n_. � _,� ��
�� : -' - _ ,.. .
` �E�-�- , s ; 7'J�f��'�
Deaz Virginia Palmer,
We aze writing this letter in regazds to all licenses held by JKR, Inc. d/b/a Joe & Stan's for the
premises located at 949 West 7` Street in St. Paul. Our license ID Number is: 003570.
The option we choose to proceed on this violation is option 1. We admit that a crime related to
an investigation of gambling activity occurred on the premises of Joe & Stan's.
We would like to move forwazd with this matter by requesting a hearing before the Saint Paul
City Council to make our statement.
We look forwazd to the resolurion of this matter. Please accept our apologies.
Sincerely,
(
J4 ' J. e ly Jr. �
�4`�-'�ke�� /-/�C� �,�
Colleen M. Hinzman
/ ,;�����
Mazg t A. Toll
atricia M. Kor
Z � 2P�2�(._ � ���ti�
Teresa A. Ellsworth
cc: Christine Rozek, Deputy Director of LIEP
West 7"'/Fort Road Federation, 974 West Seventh Street, Saint Paul, NIN 55102-3520
Joe & Stan's �� y(�q
1vlazch 23, 2004 �
Page 2
with a statement admitting the violations and requestina a hearing by Monday, April 5,
2004. The matter will then be scheduled before the City Council for a public hearing 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 boih 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
will ultimately decide the case.
If you have not contacted me by April 5, 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 266-8710.
Sincerely,
.,� - . � �
� :,2� u,cc� t� �, �;�-�`-h
�
Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
West 7`�/Fort Road Federation, 974 West Seventh Street, Saint Paul, Mn55102-3520
AA-AAA-EEO Employer