04-54Council FIle # �� � � `
Green Sheet # ��
Presented By
Referred To
Committee: Date
3t
1 WHEREAS, the Office of License, Inspections and Environmental Protection (LIEP)
2 initiated adverse action against the licenses held by Minnehaha Tavern, Inc. d/b/a Minnehaha
3 Tavern, for the premises located at 735 White Bear Avenue North in Saint Paul (I.icense ID#:
4 0016187) by Notice of Violation dated September 29, 2003, alleging a violation of Sale of
5
6
7
9
10
11
I2
13
14
15
16
17
18
19
20
21
22
23
24
ZS
Alcohol to an Underage Person from May 22, 2003; and
WHEREAS, the Licensee requested a hearing before an AdministraUve Law Judge on the
allegation, which was scheduled for December 19, 2003; and
WI-IEREAS, a second Notice of Violation dated December 9, 2003 was sent to Licensee
alleging two sales of alcohol to underage person from July 12, 2003; and
WHEREAS, Licensee and the Office of LIEP have agreed to a settlement of the adverse
action which would involve Licensee admitting to the May 22, 2003 violation of Sale of Alcohol
Yo an Underage Person and the City not pursuing the violations from July 12, 2003 and a
recommendation for a fine of $1,000 and a ten day suspension of the licenses, with $500 of the
fine suspended for a period of eighteen months on the condition that: 1) the remaining $500 of
the fine be paid to the Office of L1EP within thirty days; 2) that the ten day suspension be served
effective at 12:01 am. on Wednesday, January 21, 2004 through 11:59 p.m. on Friday, January
30, 2004; and 3) that there be no other violations within the eighteen month period; and
WHEREAS, the penalty recommendation is based upon this being a second violation
within twelve months, and is acceptable to both the Licensee and the Office of LIEP and is a fair
and reasonable disposition of the adverse actions now pending; now, therefore be it
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
i
2
3
4
5
6
7
8
RESOLVED, that Minnehaha Tavern, Inc. d/b/a Minnehaha Tavern (License ID#:
0016187) is hereby ordered to pay a fine of $1,000 and to serve a ten day suspension of the
licenses, with $500 of the fine suspended for a period of eighteen months on the condition that:
1) the remaining $500 of the fine be paid to the Office of LIEP within thirty days; 2) that the ten
day suspension be served effective at 12:01 a.m. on Wednesday, January Zl, 2004 through 11:59
p.m. on Friday, January 30, 2004; and 3) that there be no other violations during the eighteen
months.
p�1-5�1
Requested by Department of:
By:
Form Approved by City Attox
Adopted by Council: Date
Adoption Certified by Cow
//.�/�tJJ'/_��.T�
-.��. ..-
/
Secretary
�l,�UO� s
C� '
Mayor £or :
��
o�- �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
oepartmeouoificelcouncie
LP - U��In�qon/En , �aon rrot
CoMact Person 8 Phone:
Ginger Palmer
266-8710
Must Be on Gouncil Agenda by (Date):
Total # of Signature
Date Irotiated:
31-DEG03
�
Assign
Number
For
Routing
Order
Green Sheet NO: 3009718
0 iceose/Ins 'oo/Environ Pro
1 ' Attome Gin erPalmer ��'.�'�
2 iceosellns ectioolEnv�ronPro D ar�en Director O��OQ �Q
3 or's Oftice Ma or/ isfaot
4 ounci
5 i Clerk Ciri C erk
(Clip Ali Locations for Signature)
Action Requested:
Ordering that Minuehaha Tavem (License ID#0016187) pay a fine of $1,000 and serve a ten day suspension of the licenses with $SOC
of the fine being suspended for a period of eighteen months, with conditions.
itla6ons: Approve (A) ot R
Planning Commission
CIB Committee
Civil Service Commission
Questions:
1. Has this person/firtn ever worked under a contract for this departmenY?
Yes No
2. Has this person/firm ever been a city empioyee?
Yes No
3. Does this personRirtn possess a skill not nortnally possessed by any
current city employee?
Yes No
F�cplain all yes answers on separate sheet and attach to 9reen sheet
Initiating Problem, Issues, OppoRuniry (Who, What, When, Where, LVh�:
Adverse action initiated by Norice of Violarion dated 9-29-03 alleging violarion of Sale of Alcohol to an Underage Person from 5-22-03.
Licensee requested AL7 hearing for 12-19-03. Second Notice of Violarion dated 12-9-03 for same offense of two individuals on 7-12-03
Agreement reached between licensee and LIEP.
Advanta5les If Approved:
Council action necessary to impose a suspension and penaky for license violarions.
Disadvanta5les If Approved:
a9�'i,i��ig ,.�rnros'��YP;� Ls£?�,.`�3.
Disadvantages If Not Approved:
No penalty wouid be imposed for license violations.
ToWI Amount of
Transaction:
Fundins� Source:
F inancial Information:
(Explain)
CwURevenue Budgeted:
Activiry Number:
y 2 ,F � i.;
� � ._
�' ' ��
- � � �
�;
U�l
CITY OF SA1NT PAUL
Randy C. Ke11y, Mayar
September 29, 2003
OFFIC� �F THE CITY ATTORNEY
Manue7J. Cervnntu, CiryAtmrney
Civil Division
400CiryHa11 Telephone:65f266-87I0
ISWutKelloggBlyd. Fauimife:65l298-56l9
Sain! Paul, hfinnesote 55701
NOTICE OF VIOLATION
Owner/Manager
Minnehaha Tavern
735 White Bear Avenue North
Saint Paul, MN 55106
RE: All Licenses held by Minnehaha Tavern, Ina d!b(a Minnehaha Tavern, for the premises
located at 735 White Beaz Avenue North in Saint Paul
License ID #: 0016187
Dear Sir/Madam:
The O�ce of License, Inspections and Environmental Protection (LIEP) has
recommended adverse action against the license referenced above. The basis for the
recommendation is as follows:
On May 22, 2003, Saint Paul police officers stopped a vehicle
being driven by Brian Miller, for suspected DWI. Mr. Miller,
who was 20 years old, tested at a.15 alcohol concentration and
said that he had been drinking at Minnehaha Tavern. He
stated that the bartender served him without ever asking for
identification. It is a violation of Minn. Stat. §340A.503 and
Saint Paul Legislative Code §409.08(2)a. to sell or furnish
alcohol to an underage person.
If you do not dispute the above facts please send me a letter with a statement to that effect.
The matter will then be scheduled for a hearing before the St. Paul City Council to determine
what penaity, if any, to impose. You will have an opportunity to appear and speak on your own
behalf, or to have someone appear there for you. The recommendation of the Office of LIEP will
be for a ten day suspension of your licenses, with ei�ht of the days stayed for a period of eighteen
months on the condition that you have no further violations in that time and that you pay a fine of
$1,000.00.
AA-ADA-EEO Employer
Oy-5�1
Page 2
Minnehaha Tavern
September 29, 2003
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearin�, please
send me a letter stating that you aze contestin� the facts. You will then be sent a"Notice of
Hearing," so you will know when and where to appeaz, and what the basis for the hearing �vill be.
In either case, please let me know in writing no later than Friday, October 10, 2003, how
you would like to proceed. If I have not heard from you by that date, I will assume that you are
not contesting the facts. The matter will then be scheduled for the St. Paul City Council and �vill
be placed on the Consent Agenda during which no public discussion is allowed and the
recommended penalty will be imposed.
If you have any questions, feel free to call me or have your attomey call me at 266-8710.
Sincerely,
i �
'i/ ,�,w� �. �...Q-�
Virgini�. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave.,
St. Paul, MN 55119-3230
AA-ADA-EEO Employer
0►-�,-5�
STATE OF MINNESOTA )
) ss.
COUN'fY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 29,
2003, served the attached NOTICE OF VIOLATTON placing a true and correct copy thereof in an
envelope addressed as follows:
Owner/Manager
Minnehaha Tavern
735 White Beaz Avenue No.
St. Paul, MN. 55106
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mails at St. Paul, Minnesota.
Subscribed and swom to before me
this 29`� day of �tember, 200�
Notary Public
°"cT:R p, Rpy�tG6(7r�,i�`
FIC'.4R` PtiSLli . §f�A;Nr 80TA
n.4. �vA,i ;%iC$:�R
f:Y.�'� .,, , _ Z�vS
License Group Comments Text
Licensee: MINNEHAHATAVERNINC
�BA� MINNEHAHATAVERN
L���� 0016187
OSI23I2003 ��
05/23l2003 To CAO for review for possible adverse acfion. CAR
05/22/2003 CN 03100047 reports possible violation of sale to a minor. CAR04@8/2003 5500_00 rcrA fw after-hour liquor violation. AMW
04/08Y2003 Sent Fine letter ($500 due 4f25/03j. LAB
03/26/2003 CF# 03300 resolwes that Gcensee must pay 5500 fine for After Hours Saies Volation. CMK.
03/20l2003 Letter sent by owner to council members indiwdng that a reduced penalty is in order. Letter was not sent to LIEP or CAO until after the councii
hearing where the full penalty was imposed. CAR
03(12l2003 Notice of Cound4 Ftearing 03Y162003 at 5:3U pm. CMK.
02I20I2003 Notice of Violation letter sent for bartender drinking a beer after hours. Adveise acfion against On-Sale L'puor License recommended. CMK.
02l172003 To CAO for preview of report and passible adverse action. CAR
0210 8 /2 0 0 3 CN 03024219 received indicating after hours consumptionlviolation of bar closing haurs. CAR04/25/2002 2002-7% Liquor Discount appfied to 2nd
half. LAB �
04/03l2002 Sent congratula6ons letter for passing alcohol compliance on 03/07/2002. SS .
03/07/2002. Passed DPS alcohol compliance citeck conducted by SPPD. SS
01I31/2002 W 11 have renewai in by 2I4102. KS -
1022l2001 ChecK received $1,802.00 in payment for NSF Check. Called Heritage 8ank to veriTy for fund availability. Funds are available. KS ok to process right
away. W e will inwice for add'I payments due. kslcaa � .
09/25/2001 NSF check #5461 recd for $1,802_00. Total amount due is $1,817.00. ES
08/07/2001 2001-7% liquor Discount applied to 2nd half. LAB
04/27/2002 Alcohol awareness training completed. CAR -
03/20/2001 Warning letter sent for failed alcohol compliance check. Training due by 04/27/2007.JL
03I10/2001 Pailed DPS alcohot compliance check. No CN number given. Firsl failure, waming wili be sent. Given to 04/20/2001 to take alcohol awareness
training. CAR .
03/Ot/2001 Fees paid. CAR
Otl3t/2001 Licensee asked for eMension to pay license fee nead month, per Kris Schweinler she gave him until 02/ZS/2001 to pay $3,043.00 without a penalty.
KRO
05(31I2000 Congratulatians 4etter sent For passfng atcohot comptiance check. SS
05/10/2000 Passed U of M atcohol compliance check conducted 6y VicelPOlyaklRamstad. SS
04l07/2000 License fees paid. CAR
04/04/2000 Notice of Violation fram CAO for failure to pay license fees. Given to 0 4/1 712 0 0 0 to pay. CAR
04f03/2000 To CAO for adverse action. CAR
3J30/2000 Renweal not in for 1/31/2000. Fees due are $3043.00. Licensee did ask for an eMension, so $606 late fees will be waived. CAR
11/02/1999 Paid delinquentfees. CAR
10/29/1999 Remailed delinquent letter tlue to typing ercor / 2nd half due 11/Otl7999, amt due $2,520.00. JL �
10/26/1999 Delinquent letter mailed 2nd half due - amount due $2,520.00. JL
70/01 /1999 LeR message for John Cotroneo on business phone (works for Dino Guerin). Told him that we did not get payment and asked him to have it in by
Monday 70/04/t999. Amount due is $2520. CAR
OSl04/1999 Secontl haif due date extended to 8/31/1999. OK per CAR, cam
02/10/1999 Passed alcohoi compliance check; no "unofficial" waming. DL
00/00/1997 Seven% discount on liquor fee apptied to second 12-Lap•Lic .
02/11/t997 Given to 02/28/1997 to renew licenses per request of Mark Mauer. Car
t0/17/1996 $2100.00 coliected for second haif payment. Ks is collecting $210.00 late fee.
07/00/7996 Per Dino Guerin - one month extension for payment of second half liguor. (Add penaity after one month).
04l15l1996 $299.00 penalty forgiven per C. Rozek-Lap
07/31/1995 Thirty day e�ctension for payment of second haif liquor license per Frank Staffenson. Total second half liquor due $1,806 ($2,100-$294 alcohol
awareness 7%).
10/16/1987 Refund issued for diBerence in on sale IiqUOr fee 2081 Vs 2082 (B To C) P.V. V160-0231
70 seats OS/05/1987.
05/21/1986 Public Hearing on application for gambling location. License approved CF 86-648
d`�- `y�
aaaess uarax Icaiecc I uce�e I Ca�a �
�icensee Neme
Q94 M6IAHATAYEAI
SelesT�kk �
S�9 �. '�'�
�s�e�
Fjnd Nuw
�,,___� �
�
Nc�ySearch
��
�
��
M1flN9NHATAVb8d�61AMATAVBiNFliterfa4mrnt(A) Aclive L'vCenseRiked
ttr18 A9YNBiFHATAVMIWEHAHATA'/6tNfdseAlerma Activa
L'quorOnSale-1PA.�iive Lice�uePrirded
Lh�OnSa'e-�Active L'cerreePrifiad
Reste�aert(�-mo.�ClNe Llce�sePrirtetl
U NWW�TRYHIDWEHA}1ATAVH7NRe5etiert(D)-MANVe LkemSPArtetl
i1R6I1993 Q7f31fA0A7351
mmtnsse �ue�nsss�ss�
11R471993 Oili1R0047351
��nanea3 mn�rz�arest
it24l1993 Oif37(200dT35t
U'1f37fA09 01ldit2�4735Y
l:� e� �� �l �G�a+�Wse-Md_� �ECLIPShPa�+ I I�IECLIPSIicensn9l t�JLianeOueY I 1�4�?�5 �N��:�� a:iePrn
o�t-5�
, �=v: �= -_ - - -
. a�_m - . ... �
Pmre k' 4���a:f N�'_':�;` �:::::...;'�. _. _ � x
� a L'xmsae O�PEtWIATAY6WtdC
Pa!' I P��'�'6 I I Hst ( Sun^ � 086 FIl TA4HtN
�
Sele �� � 4ker�see i Lk.TYP� l Ye�rance' Band lRWidranMS�
I r propefly r Lkemea �' Utwtfldal M1d�FacB�r. A„WLqN,CORB�PE
� Street A: � � Ativerse A�tian Canmmts
StrcetNamc BEf4R
StreetTYP� AYE Drettbre �—
llrtlflrrt �— IIHIA � .
Cdr. T PPAJL 1lcense Group frnm�rts
��� ��� f23f2003 To CAO fm rovkv.• for pos�le Mvcse
� � � n.CAR
� � g,owse rarmo3cwmiooaairew�tsw�saae�ro�ronm
Dht Covci � kM n m1nol G4R0/!`.8!'.A03 $SOOAq revtl for
0
Licrosee:
_ DBA:
�`_�°'r SelcsTas
� INnrenT
7616 F�
Res[eum
Ftlse bla
-
Lkmse# i
U
LiCMSce
CamnaMa
tlace Ffiwilm FiTiM6'n frlvBtrx Ilr.envnF�
R �iN72002 i�A1RIN2 N SO.W
(BeYqVy) R bl(37R004 01Ail1Wb N 50.00
R R1A1A999 13fl1fi999 N $OAO
CencA
TAVlAVN6WFV4TAVQiN Re5lmYerd(�-AtlACINe
�S�II;��� >Il
EQIPS
� 6]351
%97351
, 21351
�4735�
kb o7a5�
4735t
004 017d7fd704135\ �
�r
!s��i.ai
��l
� :���_:_���.,.: _
0
ame k' '4?,4i�=:"i'>f__rf-�.�, - �1.
� n I� I���=m. j� �5� � ���YA,��
DB6 HIlTdVHLJ
DBP
Sele Llxnse ��� � lic. I hsiaence ' BarW ' Re9�reme'ds'
iJCensee Nmnc W L4 TAYIIiN NC Gram�se .
OBA PAEHftHA TAYFRN
Seks Tax id t609<5 Nm-Profk r✓YOrkeYS Cart� RO�lOW �"' �
MCartreciReCd NO,D7LY1 AATfeiNngReCd �
AAFeeCalec[eR RONO� DlscastRec'dr '
r• m�irocorcae
r License AdNess
u co ---------------- __ . __
Otlie� VlllG2IX1]OOiLqNOPCATROMO
1618i pry�� pp�ppRqp000A0NOaCOTROt�EO
aaw rrt�srtReas�ss�7ne-s�av� 1�
JOT MANA� (�17770-0292(—� Mmlhrdeeia—
JMACE VICEFRESlSE� ( ) - ��FMdITOCarted
C uce�e Atldess
BadcgrourMCheckRttpriretl r �q��{pr�q�...
di 1 ('ared
Lkmse #
0
MIVNBiAFtRTAVM�WEHPHRTAVH2NRe9[aretd(D)-AtlACIWe LlroroePr�tded
47351
fffib �7351
4735\
O1139R006 PIA1Rq747351'
:� � � ) � I �Groi{�Wue-_. �ECL1PSAppL.. �7'ejEf11P5lice_ �I'gliccaeQusY Ur+�x�:Fa. i���� �N�t�J:2C� a:z�an�
o�,-sa
CITY OF SAINT PAUL
Randy C. Ke11y, Afnyor
December 8, 2003
OFFICE OF THE CITY ATTORNEY
MnnueN. Cervnn(u, CityAttorney
Civil Divisiort
400 Ciry Hal1
!S West Ke[logg Blvd
Saint Paul, Minnuota 55102
Te[ephone: 651 266-8J10
Fatsimile: 651298-5619
NOTICE OF HEARING
Owner/Manager
Minnehaha Tavern
735 White Bear Avenue North
Saint Paul, MN 55106
RE: All Licenses held by Minnehaha Tavern, Inc. d/b/a/ Minnehaha Tavem, for the premises
located at 735 White Bear Avenue North in Saint Paul
License ID #: 0016187
Dear Sir/Madam:
Please take notice that a hearing will be held at the following time, date and place concerning ail
licenses for the premises identified above:
Date: Friday, December 19, 2003
Time: 9:30 a.m.
Place: Room 42
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
P3ame: George A. Beck
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
Telephone: 612-341-7601
The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.05
AA-ADA-EEO Employer
�,-`.��
and 310.06, of the Saint Paul L.egislative Code. In the case of licenses for intoxicating and non-
intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse
action may include revocation, suspension, fines and other penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action against all the licenses you
hold at the above premises as follows:
On May 22, 2003, Saint Paul police officers stopped a vehicle
being driven by Brian Miller, for suspected DWI. Mr. Miller,
who was 20 years old, tested at a.15 alcohol concentration and
said that he had been drinking at Minnehaha Tavern. He stated
that the bartender served him without ever asking for
identification. Itis aviolation ofMinn. Stat. §340A.503 and Saint
Paul Legislative Code §409.08(2)a to sell or furnish alcohol to an
underage person.
You have the right to be represented by an attorney before and during the hearing or you can
represent yoursel£ You may also have a person of your choice represent you, to the extent not
prohibited as unauthorized practice of law. .
The hearin� will be conducted in accordance with the requirements of Minnesota Statutes sections
14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative
Code as may be applicable.
At the hearing, the Administrative Law Judge will have all parties identify themselves for the record.
The City will then present its witnesses and evidence, each of whom the licensee or att6mey may
cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to
present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may
in addition heaz relevant and material testimony from persons not presented as witnesses by either
party who have a substantial interest in the outcome of the proceeding; for example, the owners or
occupants of property located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Conciuding azguments may be made by the parties.
Foilowing the hearing, the Judge will prepare Findin�s of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
You should bring to the hearing all documents, records and witnesses you will or may need to
support your position. Subpoenas may be available to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Rules, part 1400.7000.
If you think that this matter can be resolved or settled without a formal hearing, please contact or
have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the
facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his
or her recommendation for Council action.
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as true. If non-
public data is received into evidence at the hearing, it may become public unless objection is made
and relief requested under Minnesota Statutes, Section 14.60, subdivision 2.
Notice of Hearing - Page 2
O�l -�
If you have any questions, you can call me at 266-8710.
Very truly yours,
�'J�Lu����.�
Virginia D. Palmer
Assistant City Attorney
cc: Diane Nordstrom, Office of Administrative Hearings,100 Washington Squaze, Suite 1700,
Mpls, MN 55401
Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director of LIEP
ChuckRepke, CommunityOrganizer, Dist. 2 CommunityCouncii,1961 Sherwood Ave., St.
Paul, MN 55119-3230.
r
r
Notice of Aearing -; Page 3
0�.-5�
STATE OF MINNESOTA )
) ss.
COiJNTY OF RAMSEY )
AF'F'IDAVIT OF SERVICE BY MAIL
JOANNE G. CI.EMEN'I'S, being first duly swom, deposes and says that on December 9,
2003, served the attached NOTICE OF HEARING by placing a true and correct copy thereof in
an envelope addressed as follows:
Owner/Manager
Minnehaha Tavem
735 White Bear Avenue North
St. Paul, MN. 55106
(which is the last known address of said person)
United States mails at St. Paul, Minnesota.
same, with postage prepaid, in the
G.
Subscribed and swom to before me
this 9th day of December, 2003.
i'��,� �� - ��a�
�
Notary Public
�
� ��' • RITA ,L9. 608SARD
'� '�.�, ypTti2YWSLIC-?AINNESOTA
�,.. � MY GOMA".ISSION
cX?Ir2ES .lAi!. 37. 2t�5
CITY OF SAINT PAUL
Randy G Kelly, Mayor
December 9, 2003
Owner/Manager
Minnehaha Tavern
735 White Bear Avenue North
Saint Paul, MN 55106
��,-5�
OFFICE OF Tf� CITY ATTORNEY
Manuell Cervantes, CiryAtmmey
CivilDivision
400 Ciry Ha[l Tefephone: 651 266-87/0
15 West Ke[logg Blyd. Facsimile: 651298-56I9
Saint P¢u(, Minnesota 55102
NOTICE OF VIOLATION
RE: All Licenses held by Minnehaha Tavem, Inc. dJbia Minnehaha Tavem, for the premises
located at 735 White Bear Avenue North in Saint Paul
License ID #: 0016187
Dear Sir/Madam:
The Office of License, Inspections and Environmental Protection (LIEP) has
recommended adverse action against the license referenced above. The basis for the
recommendation is as follows:
On July 12, 2003, 5aint Paul police officers were in the area of
Minnehaha and White Bear, and observed a crowd letting out
of Minnehaha Tavern. Two young women attracted the
officers' attention as they left the bar and stepped into a car, as
they appeared to be quite young. A.fter speaking to the two
individuals, officers identified them as Katie Klett,l9 years of
age, and Kristi Boudreau,l8 years of age. Both had been
drinking, and both stated that they were allowed to enter the
bar and order alcohol without being asked for an id. It is a
violation of Minn. Stat. §340A.503 and Saint Paul Legislative
Code §499.08(2)a. to sell or furnish alcohol to an underage
person.
If you do not dispute the above facts please send me, a letter with a statement to that effect.
The matter will then be scheduled for a hearing before the St. Pau] City Counci] to deternune
what penalty, if any, to impose. You will have an opportunity to appeaz and speak on your own
behalf, or to have someone appear there for you.
AA-ADA-EEO Employer
Minnehaha Tavern
December 9, 2003
Page 2
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please
send me a letter stating that you are contesting the facts. You will then be sent a"Notice of
Hearing," so you will know when and where to appear, and what the basis for the hearing will be.
You currently have a hearing scheduled before an ALJ, and if you wish to have these matters
consolidated you may do so. It may, however, result in a delay in the hearing as we need to
insure that witnesses would be available to testify.
In either case, please let me know in writing no later than Monday, December 15, 2003,
how you would like to proceed. If I have not heard from you by that date, I will assume that you
are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul
City Council.
If you have any questions, feel free to call me or have your attorney call me at 266-8710.
Sincerely,
,
��,
' ' ,'z�? �l� , c.���.�2
�. ✓ J
Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
District 2 Community Council , 1961 Sherwood Avenue, Saint Paul, MN 55119
o�-�
pA-ADA-EEO Employer
0�-5�1
STATE OF MINNESOTA )
) ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF RAMSEY )
70ANNE G. CL,EMENTS, being first duly swom, deposes and says that on December 9,
2003, served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof
in an envelope addressed as follows:
Owner/Manager
Minnehaha Tavern
735 White Bear Avenue North
St. Paul, MN. 55106
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mails at St. Paul, Minnesota. ^ �_�;���.
Subscribed and sworn to before me
this 9th day of December, 2003.
! ,i� i'// - �G�:��iL s/\
Notary Public
.�. - - -- -.,..,a.�....r
: * ,( " ` • tar;� tis. aossaRo
'� q.�. NOTARYPUBLIC-MINtvESOTA
�.�,,- MYCOM>�?�SSION
+ EXPIRfSJA.=�.3�.2G05
S.icense Group Comments Text
Licensee: MINNEHAHATAVERNINC
DHA: MINNEHAHATAVERN
lrcense #: 0016187
O�t-5�
OB/OS/20D3
0&OSYL003 CN 03144615 to CAO for possible adverse action. CAR
�7l30/2o0.3 Received mmplaini of possi6la sate to imderage. To CAO for �eview and SPPD for a possble compGance check. CAR
07/12I2003 CN 03144615 indicated txro underage felarnes xrere served at llie bar. CAR
OS/23/2003 To CAO for review for possible adverse action. CAR
OS/22/2003 CN IXi100047 reports possibie violation of sale to a minor. CAR
04J28/2003 $500.00 ravd for aftervhour liquor violation. AMW
04/08YL003 Sent Fne letter ($500 due 4/25l03). lA6
03/26/2003 CF# 03-300 resolves ttiat licensee must pay $500 fine for After Hours Sales Ydation. CMK
03120/2003 Letter sent by owner to counal members indipting that a reduced penalty is in ordec Letter was not seM to LIEP or CAO untii after ffie councit
hearing where the full penalry was imposed. CAR
03/72/2003 Notice of Counal Hearing 03/26/2003 at 5.'.i0 pm. CMK.
02/20l2003 Notice of Volation letter sent for bartender drinking a beer after hours. Adverse action against OnSale Liquor License recommended. CMK.
02/77/2003 To CAO for preview of report and possible adverse action. CAR
02/08/2003 CN 03024279 received indica8ng after hours consumption/violation of bar dosing hours. CAR
04/25/2002 2002-7% Liquor Discount applied to 2nd half. LAB
04/03/2002 Sent congratulations letter for passing alcohol compilance on 03/07/2002. SS
03/07/2002. � Passed DPS alcohol cOmpliance check conducted by SPPD. SS
07/31/2002 Will have ranewal in by?JMO2. KS
10/22/2007 Check received $7,802.00 in payment for NSF Check Called Heritage Bank to verity for tund availability. Punds are avaifable. KS ok to
process right away. We wiil invoice for add'I paymenb due. ks/caa " .
09/252007 NSF check Ii5467 recd for $1,802.00. Totai arnount due is $1,877.00. ES
08/07/2001 2001-7% Liquor Discount appGed to 2nd half. lA8
04/27/2002 Aicohol awareness training completad. CAR �
03/20/2001 W aming ietter sent for failed aicohol compiiance check. Training due by 04/27/2001.JL
03/10/2001 Failed DPS alcohol compliance check. No CN number given. First tailure, waming will be sent. Given to 04/20/2001 to take alcohol awareness
training. CAR
03/Ot/2001 Fees paid. CAR
01/37/2001 Licensee asked for extension to pay license fee next monfh, per Kris Schweinler she gave him until 02/28/2001 to pay $3,043.00 without a
penalry. KRD
OSl31/2000 CongratulaGons letter sent for passing alcohol compliance check. SS
05f102000 Passed U of M a{cohol compliance cfieck Conducted by �celPOiyaklRamstad. SS -
04/07/2000 License fees paid. CAR
04/04/2000 Notice of Violation from CAO for failure to pay license fees. Given to 04/17/2000 to pay. CAR •
04/0.?�2000 To CAO for adverse action. CAR
3/30/2000 Renweal not in for 1/37/2000. Fees due are $3043.00. Licensee did ask for an extension, so $606 late fees wiil be weived. CAR
11/02/1999 Paid delinquent taes. CAR
10/29/1999 Fiemailed delinquent letter due to ryping error/ 2nd half due 11/01/7999, amt due $2,520.00. JL
10/26l1999 Detinquent lat[er mailed 2nd half due - amount due $2,520.00. JL
10/01/1999 Left message for John Cotroneo on business phone (works for Dino Guerin). Told him that we did not get payment and asked him to have it in
by Monday 70/04/1999. Amount due is $2520. CAR
OS/04l7999 Second half due date extended to 8l31/1999. OK per CAR. carn
02M0/1999 Passed alcohol compliance check; no'unoifidal' waming. DL
OWON1997 Seven discount on liquor fee applied to second 1/2-Lap-ttc
02/17/1997 Given to 02/28/1997 to renew licenses per request of Mark Mauer. Car
10/17/1996 $2100.00 coilected for second half paymeM. Ks is collecfing $210.00 late fee.
07/00/1996 Per Dino Guerin - one month e#ension for payment of second half liquor. (Add penaity after one month).
04/15/7996 $299.00 penalty forgiven per C. Rozek-Lap
07/37/7995 Thirty day extension for payment of second half liquor license per Frank Staffenson. Total second half liquor due $1,806 ($2,100-$294 alcohol
awareness 7%).
70/16f1987 Refund issued for difference in on sale IiqUor fee 2081 Vs 2082 (B To C) P.V. V160-0231
70 seats OS/OS/1987.
OS/21/1986 Pu61ic Hearing on application for gambiing lacation. License approved CF 8G648
o�t-5�
py,
�
- - -- -
� �—���-��_� _�-_:�_::��
; �� �� �� ;A��i
�� ;,�,��
�� �- -- i
; �,�r _ „� - a„� �- `�
:m.�,a � ux: r— i�c.«wca
; � vau � auan
� � � � . ., s �� i �aortomrs«w
� piGCUUrc3 � ToGA
�.
jLtmsea TR�8dVP1C _ _ _ _ Limnsee �
, D9A —_ TavBt� ��
bapmibb
(y 1,-5�
Saint Paul Police Department New RMS
� ORIGINAL OFFENSE / INCIDENT REPORT
0�-1-5y
Page � of 5
CompiainY Number Raference C.M Date and Time of RepoR
03144615 07/12/2003 01:24
Pnmary offense
LIQUOR �AW-MINOR CONSUMING "
Primary Reporting Qfficer. mg�gw tOfOntO Name af locationlbusineu: -
Primarysquad: 340 �a� �%�+dent HAZEL ST N
MINNEHAHA
Secondaryreportingolficer. MARK NELSON ST PAUL MN 55106
aaaro��q ot�cer. tina mcnamara
Disvicr. Eastem
Site:
Date & tlme of occurence: 07l1212003 01:24 �0 07/12/2003 0124
secondaryoNer,se: LIQUOR LAW-MINOR CONSUMING Anestmade9 Yes
Attempf Only NO Appears to be Gang Related No
Police�cerAssaukedorin%ured rJp
PoliceONfcertlssistedSuicide No
ARRESTS
Cited
Name KqTIE KLETT
eooking date 07/12/2003
Booking dme 01:30
Booking #
Wairant number
Wananttype
Cited
Name KRISTA BOUDREAU
Booking date 07/12/2003
Booking nme 0130
800king #
Wairant number
Warrant type
Date & time of anest: 07/1212p03 01:30
Anest made on view.• Yes
Anest made on warrant or previous CN.• NO
OdginaSngagency SPPD
Chaige/CitaGOnBailAmount UNDER 21 DRIVE AFTER CONSUME
Oate & time of arrest• 07/12/2003 01:36
Arrest made on view: Yes
Arrest made on warrant or previous CN: No
Originatlngagency SPPD
Charye/CitationBailAmaunt UNDERAGE CONSUMPTIOW #903-
LIEP CQPY A �
- :,r�. nwvacy Restrictions pp Y
N inr e c . ta Statute 13.82
� Saint Paul Police Department New RMS
ORIGINAL OFFENSE / INCIDEI�T REPORT
Page ��+��
Complaint Num6er Reference C.N. Date and Time of Report
03144615 07/12/2003 01:24
primary oNense
LIQUOR LAW-MINOR CONSUMING
NAMES
KRISTA LENA BOUDREAU
11645 STINSON AV
CHtSAGO GITY MN 55013
Nlelmames orAllases
Detalls Phones Employment
sezFemale Home ( � _ Occupatron
Race W hite Work ( � - -
Hispanic NO
ooe 08/O5/1984
Age � g from to
Build
License State MN
Physlea/ Descdptlon
us No n No
Height $6 to
Weigbt �25 to
Teeth
Sldn
Eye Colo�
Cel/ � � _ �nployer
F� ( ) - fdentiflcatlon
Contact ( � - SSN: _ _
Pager O- License or l�� g360478506613
KATIE NOEL KLEfT
2811 HELEN ST N
NORTH ST. PAUL MN 55109
Pager ( )
Hai� Color
Hair Type
Nicknames or Allases
De
S� Female
Race W hite
Hispanic NO
ooe12/19/1983
Age � g from
Phones Emp/o
Home ( � . Occupation
Work � � .
� ( > . _ Employer
to
F� ( ) � Iden�cadon
Contact ( � _ . SSN: _ _
HairLength
FaGa! Hair
licenseo�IDp K430461636962
L�P co�r�-.�� a S��a MN
P°+ n. "��cV Restrictions Annlv
- o� -sa
Saint Paul Police Department NewRMS Paga 3 of5
ORIGINAL OFFENSE / INCIDENT REPORT
Comp/aint Number Referexe C.N. Oate and Time of RepoK
03144615 07/12/2003 01:24
Primary oNense
LIQUOR LAW-MINOR CONSUMING
PhysldlDesuipBon
us No n.femc No
Height 5g to
Weight � 50 �
TeeUi
Sm7d
Skin
Eye Color
Hair Length
Facial Hair
Hair Calor
Hai� Type
CRIME SCENE DESCRIPTORS
Crime Seene
Proca.ssed No
Type
Descripfion
Method & Point of Entry
Face used (�p
PoirR of eirtry
Mefhod
Hid /nside NO
SOLVABILITY FACTORS
Suspect can be IdenUfied Y8S
Pnoros ra�cen No
EvidenceTumedln No
Lab
Biological Analysis No
NarcoHcAna/ysis No
Lab Comments
BY POLICE
StolenPropertyTiaceable No
PropairyTumedln No
Fngsrpnnts Taken No
Items -r'ingerydnted NO
L�P COPY �ons App
Data Pr.vacy Restri
Nc�ne��ta Statute 13•R2
.R �a,c,
,�:-'
oci�_ E
Complffint Number
03144615
Primary offerise
. 0�-5�1�
Saint Paul Police Department NewRMS Page 4 or5
ORIGiNAL OFFENSE / INCIDENT REPORT
Refwence C.N. Date and Tme of faeport
07/12/2003 01:24
LIQUOR LAW-M INOR CONSUMING
VENICLE INFORMATtON (information Onty)
Registeredowner KATIE KLEIT
Status
Status
rowed No
owner {(qTIE KLETT
Srolen Method
Loek status
Keys in vehicle No
DescripBon
Llcense no. FYS535
Srate MN
Year 7/2004
V.1.N.
Ma�re Plymouth
rofove� 4DR
Year
rYae Sedan
��o� Maroon
Doors q
Transmission
Shift PasiBon
NARRATIVE
WHILE ON TOUR, SQUAD 340 (TORONTOMELSON) WERE IN THE AREA OF MINNEHAHA AND WHITE
BEAR. AT APPROXIMATELY 0120 HRS, WE NOTICED THAT THE CROWD AT THE MINNEHAHA TAVERN
WAS LETTING OUT. WE SAW TWO W/FS EXIT THE REAR DOOR (WEST DOOR) OF THE TAVERN
AND ENTER A MAROON PLYMOUTH 4DR, MN LICENSE FYS-535. BOTH OCCUPANTS OF THE VEHICLE
HAD A YOUTHFUL APPEARANCE.
WE PULLED IN BEH(ND THE PLYMOUTH AND NOTICED THAT THE REAR LICENSE PLATE LIGHT OF
THE VEHICLE WAS NOT WORKING, AND DID NOT ILLUMINATE THE NUMBERS AND LETTERS ON THE
LICENSE PLATE AS IS REQUIRED BY LAW. WE RAN THE LICENSE PLATE ON OUR SQUAD
COMPUTER AND LEARNED THAT THE R/O WAS A 19 YEAR OLD FEMALE MATCHING THE
DESCRIPTION OF THE WOMAN WE SAW EXIT THE BAR AND GET INTO THE VEHICLE ON THE
DRIVERS SIDE. WE STOPPED THE VEHICLE AT HAZEL AND MINNEHAHA.
OFC. NELSON APPROACHED THE VEHICLE AS THE CONTACT OFFICER ON THE DRIVERS SIDE.
WHILE IDENTIFYING THE DRIVER HE DETECTED THE ODOR OF AN ALCOHOLIC BEVERAGE COMING
FROM HER BREATH DURING ROUTINE TRAFFIC STOP CONVERSATION. WHEN ASKED IF SHE HAD
BEEN DRINKING, SHE REPLIED, "YEAH, I'VE HAD A COUPLE." THE DRIVER WAS IDENTIFIED AS THE
R/O OF THE VEHICLE, KATIE NOEL KLETT (12/19/83, 19 YOA, 2811 N. HELEN ST., NORTH ST. PAUL, MN
55i09). WHEN ASKED WHERE BFiE, WAS DRINKfNG, SHE SAID SHE HAD CONSUMED TWO BUD LIGHT
BEERS AT THE MINNEHAHA�TAVERN.=.WHEN ASKED WHAT USED.FOR IDENTIFICATION TO GET�
INTO THE BAR,'OR-GET DRINKS FROM THE BAR, SHE SAIDi'NOTHING,-YOU_DON'T-NEED ID THEREz
EVERYONEKNOWS THATS THE PLACE TO GO IF YOU WANT_T.O DRINK AND YOUR NOT-OLD�
ENOUGti.'� S�iE SAID SHE KNEW THE BARTENDER WORKING TONIGHT ONLY AS °WOODY," BUT SAID
HE WAS THE ONE WHO SHE WAS ORDERING THE BEER FROM, AND HE DID NOT ID HER EITHER
TIME. SHE ALSO TOLD US THAT THERE WAS NO ONE WORKfN �1�0 GETTINGINj THE
BAR WAS ALSO NOT AN ISSUE. i L�� �'tOris �''PY�
t � nrvacY R�'� R2
WHILE AT THE VEHICLE I SPOKE TO THE PASSENGER, IDENT�D �I�� 1/�'BbUDREAU
(8/5/84, 18 YOA, 11645 STINSON AVE., CHISAGO CITY, MN 5501 �V�LE SPEAKING TO HER, I ALSO
NOTICED THE SMELL OF AN ALCOHOLIC BEVERAGE COMING FROM HER BREATH. i ASKED HER IF
SHE HAD BEEN DRINKING, AND SHE SAID THAT SHE HAD CONSUMED A BEER. WHEN 1 ASKED HER
_.� PAr;�
�.
��u�_ t
Complaint Num6er
03144615
New RMS Page - s of 5��
Saint Paul Police Department
ORIGINAL OFFENSE / INCIDENT REPORT
Reference C.N. Date and Time of Report
07/12/2003 01:24
P�,na,j• oaen5e
LIQUO LA CONSUMING
WHERE SHE HAD DRANK THE BEER, SHE SAID °AT THE MINNEHAHA TAVERN.° I ASKED HER HOW IF
SHE'S ONLY 18 YEARS OLD, SHE COULD GET A DRINK FROM THE BAR. SHE SAID °LOOK, YOU GUYS
AREN'T STUPID, YOU PROBABLY ALREADY KNOW THAT IF YOUR UNDERAGE, THE TAVERN IS THE
PLACE TO GO TO DRINK, BECAUSE THEY DON'T ID YOU THERE.° SHE TOLD ME THAT WHEN SHE
WALKED IN, SHE WENT UP TO THE BAR AND ORDERED A BUD LIGHT, AND WAS SERVED BY THE
BARTENDER SHE ONLY KNEW AS °WOODY" WITHOUT HAVING TO SNOW ID.
SQUAD 364 (TESSMER) ASStSTED US BY HAVING KLETT AND BOUDREAU TAKE A PBT TEST.
OFFICER TESSMER'S PBT WAS LAST CALIBRATED ON 6/13/2003, AND IS SER #003724. KLETT, THE
DRIVER, BLEW A PBT RESULT OF .046, AND THE PASSENGER, BOUDREAU BLEW A RESULT OF .035.
KLETT WAS THEN ISSUED CITATION #903-672369 FOR UNDER 21 DRIVE AFTER CONSUMING
ALCOHOL (MN STATUE 169A.33), AND BOUDREAU WAS ISSU�D CITATION #903-686021 FOR MINOR
CONSUMPTION (MN STATUE 340A.503-1A2). THEY WERE BOTH TAGGED AND RELEASED ON SCENE
AFfER BEING IDENTIFIED WITH VALID MN PICTURE ID'8.
FORWARD A COPY OF THIS REPORT TO LIEP.
PUBLIC NARRATIVE
TRAFFIC ARREST, DRIVER UNDER 21 CONSUMED ALCOHOL BEFORE DRIVING. PAS�ENGER ALSO
TAGGED FOR UtVDERAGE COfVSUMPTtON.
LIEP COPY
Dat.=_ ?'^ vacy Restrictions Apply
Ahin*-e� �ta Statute 1�.R2
Please distribute to: LIEP
_CHF _Hom �Rob _Juv _Oper _PSC _Lab
_Sex _D/C _Burg Theft _Prop _CAU _F8F
_CO _Rptr _Vice _Narco �SIU _T&A _Other
_Rec
_Auto
Team
_DAO