Loading...
04-469l9ryi�nOf_d '���'��4� �u?j.St�i/fG` - /�2% o?��/��15� 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 14 15 16 17 18 19 20 21 22 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-. � \ r....,-,...,.a v.., n+�.,..,- F..,f a.ti....; ��;,.., r.. r,.....,., i 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