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04-470�bs��,,,�, � `Z`� � �`� Presented By Referred To Committee: Date � WT�REAS, adverse action was initiated against all of the licenses held by Diamond Dewey's, Inc. d/b/a Pub East for the premises located at 1180 E. 7`" Street in St. Paul (License # 67176) based upon a felony conviction of Steven Trumble, a shareholder of the corporate licenseholder, by I3otice of Violation dated March 23, 2004; and WHEREAS, licensee received the Notice of Violation 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 30day 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 Steven Trumble has removed himself from the corporate entity holding the license; therefore be it RESOLVED, that Diamond Dewey's, Inc. d/b/a Pub East, is hereby ordered to pay a$2000 fine and $ 200Q and all licenses are suspended for a period of 30 days, •_�� +�� ^f *�° �°°° �A;^^ stayed for a period costs of eighteen months on the following conditions: 1) that there be no other violations during that time; 2) that Steven Tmmble 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, aad 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 ll:59 p.m on Friday, June 4, 2004. and 4) 2:00 a.m. closing will not be authorized for 18 months. Requested by Department of: Adoption Certif�i�d by Council Secretary RESOLUTTON CITY OF SAINT PAUL, MINNESOTA B}': Form Approved by City Att� gy ��i(/YL_ _LG �f�� V Approved by Mayor for Submission to Council Council File # O�l - y�l o Green Sheet #� �= L Approved By: _ Adopted by Council: Date H�%G��G�U�� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet '� DepartmeM/officeteouncif: Datelmtialed: �p — Liceasellnspection/Env"uonPmt �-�R-� Green Sheet NO: 3015435 Co�et Person 8 Phone• �eoarhnent SeM To Person InitiaVD '` VrginiaPaimer � 0 icenselius ctio nvironPro L"Z y �` l 2 �� Assign 1 ice sellns 'odEuvironPro De artmentDirector ��! D Must 8e on Council Agen by (Date): Number 2 ' ttorn 1 V °Z o �� O ` t / G Routing 3 a or's0 �ce Ma odASSisfsnt l-(�°4Yt l�p order a on ci1 `� 5 i Clerk CS Clerk Total # of Sigrcature Pages _(Clip Ali Locatio� tor SignaWre) Action Requested: Adverse action (consisting of a$2,000 fine and atl licenses suspended for 30 days with 20 of those days being stayed for a period of 18 months wtih condirions) against the licenses held by Diamond Dewey's, Inc. d/b/a Pub East for the premises located at 1180 East Seventh Street. Recommendations: Approve (A) or RejeG (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1, Has this personlfirtn ever worked under a contrecf for ihis depaRment? CIB Committee Yes No Civil Serrice Commission 2. Has Yhis person/firtn ever beex� a city employee? Yes No 3. Does this perso�rm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sh¢et IniEating Problem, Issues, Opportunity (Who, Wha; When, Where, Why): Steven Trumble, a shazeholder of the corporate license holder, was convicted of a felony level illegal gambling chazge. Advantages If APProved: - DisadvantaStes If Approved: Disadvanpges If Not Approved: Total Amount of ��g�enue Budgeted: Transaction: � Fundinp Source: Activity Number: � Financial Information: (Eupiain) Council File # � �1� Green Sheet # �15�� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Committee: Date WHEREAS, a verse action was initiated against all of the licenses held by Diamond Dewey's, Inc. d/b/a Pub t for the premises located at 1180 E. 7`� Street in St. Paul (License # 67176) based upon a felon onviction of Steven Trumble, a shareholder of the corporate licenseholder, by Notice of Vi ation dated Mazch 23, 2004; and WHEREAS, licensee receiv the Notice of Violation and requested a hearing before the City Council to discuss the appropriat enalty; and WHEREAS, the recommended pen in the Notice of Violation was a$2000 fine together with a 30-day suspension of the licen s, with 20 of those days stayed for a period of eighteen months on the condition that there be n other violations during that time, and pay the fine. This is a downwazd departure from the reco ended penalty in Saint Paul L.egislative Code §409.26 of revocation of the license, based up the fact that Steven Trumble has removed himself from the corporate entity holding the license; t refore be it RESOLVED, that Diamond Dewey's, Inc. d/b/a Pu ast, is hereby ordered to pay a $2000 fine and all licenses aze suspended for a period of 30 s, with twenty of the days being stayed for a period of eighteen montfis on the following condih ns: 1) that there be no other violations during that time; 2) that Steven Trumble is not to hold fice in the corporate license holder, nor is he to take any active management role in the operatio of the business; and 3) that the fine be paid within thirty days of the passage and approval of this solution. The suspension shall be begin at 12:01 a.m. on Wednesday, May 21, 2004 and be effecti e through 11:59 pm. on Requested by Department B}': Adoption Certified by Council Secretary Form Approve�,by City By: � By: By: Approved by Mayor: Date By: Adopted by Council: Date (�l-4�0 OFFICE OF Tf� CITY ATTORNEY Manue! ✓. Cervantes, Ciry Amomey CITY OF SAINT PAUL c,�r� o,,.rsro„ Kel[y, Mayor 400 Ciry Ha1l Tefepkone: 651 266-8710 ISWestKelloggBlvd. Farsimife:651298-5619 Saint Paut, Minnesota 5510? April 14, 2004 NOTICE OF COUNCII. HEARING Steve Trumble Diamond Dewey's 1180 7 Street East Saint Paul, Minnesota 55106-4987 RE: All licenses held by Diamond Dewey's, Inc. d/b/a Pub Eastfor the premises located at 1180 7`� Street East in St. Paul License ID No.: 67176 Dear Mc 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, Apri128, 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 bee� 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, ��,�� Virginia D. Palmer Assistant City Attomey cr. '�Mary 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 ' � Pub East Mazch 23, 2004 �- �� Page 2 with a statement admitting the violations and requesting a hearing by Monday, April 5, 2004. The matter will then be scheduled before the City Council for a pubiic hearing to detertnine what penalty, if any, to impose. You will have an opportunity to appeaz 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 other s witnesses. The St. Paul City Council wiii 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 wiil 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, � ' � ��UN-c. � - -� � �-�C w�Lh C Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of I IEP Dayton's Biuff District 4 Community Council, 729 East Seventh Street, Saint Paul, MN 55106-6625 AA-ADA-EEO Employet �,-�"'�� STEVE TRUMBLE C/0 DIAMOND DEWY`S � , �,sr :o-.� ��L�,�,: s i 'i L�u 7�� 5�-zet ��s� SL. F'c�. �'v�'� c J��Ub - 4O i4 Pho, �65 i j i: i— March 30, 2004 Dear Virginia D. Palmer, L t � {,,.�. \,�- sa., � _ G; .� ''' ;_ ��4 "t�. � [ � `r c� I :� �i �l � �' I am sending you this letter about the action taken against Diamond Dewy's d/b/a Pub East. Located at 1180 East 7" Street, Saint Paul. license I.D. No. 67176 At this time I do not dispute the adverse action taken against the licenses. I do however, admit my guilty plea of a felony related to gambling activity. I wish to appear before the G'ity Council for a public hearing. Sincerely, Steven F. Trumble � �� CITY OF SAINT PAUL Randy G Ke1ly, Mayor Mazch 23, 2004 OFFICE OF TF� CTI'I' ATTORNEY �/ �' �� Maauel J. Cervantes, Ciry A[torney Civi[ Division 400 Ciry Hal! Telephone: 651266-8710 ISWestKe[IoggBlvd. Facsimife:651298-5619 Saint Pau[, Minnesota 55102 NOTICE OF VIOLATION Owner/Manager Pub East 1180 E. 7`� Street Saint Paui, Minnesota 55106 RE: All licenses held by Diamond Dewey's, Inc. d/b/a Pub East for the premises located at 1180 E. 7`� Street in St. Paul License ID No.: 67176 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: Steven Trumble 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, Steven Trumble 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 Paul Legislative Code §409.26 of revocation of the license, and the departure is based upon the fact that Mr. Trumble has removed his name from the license and would no longer be permitted to be a shareholder or officer of the corporation holding the liquor license. At this time you have two options an 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 pp-pDA-EEO Employer " Pub East Mazch 23, 2004 �- �� Page 2 with a statement admitting the violations and requesting a hearing by Monday, Apri15, 2004. The matter wili then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You wili 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 appeaz and present witnesses, evidence, and cross-examine the other s witnesses. The St. Paul City Council wili ultimately decide the case. If you have not contacted me by Apri15, 2004, I will assume that you aze 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, �, ,l�vK.r, � . -� � C�vw2R ( Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Dayton's Bluff District 4 Community Council, 729 East Seventh Street, Saint Paul, NIN 55106-6625 AA-ADA-EEO Employer �; �, RECE��sE� by,-��o APR 2 ,� �. `�- �� -�� Ty Y �rRy = }- _ �� r . � . . -�- „ -- �� , ��-----'----- -- ----- , --- a