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05-12Council File # _Q� �� Green Sheet # � u7, � � l l� PRESENTED BY REFERREA TO RESOLUTION CITY OF SAINT PAUL, NIINNESOTA CObLrIITTEE: DATE 2� i WHEKEAS, adverse action was nuriated against all licenses held by Eastside z Specialities, LLC dIb/a Schwietz's Saloon (License ID#20040000589) for the premises located a at 956 Payne Avenue in Saint Paul, alleging display and consuxnption of alcohol beverages after 4 hours on November 7, 20Q4; and s s � s s io WI3EREAS, the Office of License, Inspections and Environmental Protection has recommended a $500.00 fine; and WFiEREAS, the licensee has not contested the allegations; now, therefore be it ii RESOLVED, that Eastside Specialities, LLC, dfbJa Schwietz Saloon are hereby ordered iz to pay a fine of �500.00 for allowing the display and consumption of alcoholic beverages after is hours on November 7, 2004. 14 is This Resolution, and the action taken above, are based upon the facts contained in the is November 22, 2004 Notice of Violation letter sent to the licensee and the arguments made at the i v Public Hearing on January 5, 2005. ia Requested by Department of: BY � � /�� / J'" M1�� Form Approved by City Atto y �� � BY= �L/f�t �,!/Lfiji�� \ C'� by By: —� Approved bl{}j�la�or: Date By' Adopted by Council: Date � Adoption Cert�ed by Council Secretary � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � LP — License/inspection/Environ Pmt � 1GDEC-04 Contad Person & Phone: Vrginia Palmer 26687'10 Must Be on Councii /�qenda by � Assign Number For Routing Order 0� Green Sheet NO: 3024685 Deoartrnent Sent To Person Initial/Date 0 icen e/In etti n/Envir n Pr 1 icense/[ns ectio nviron Pro De a ment Direc[or 2 i ttom 3 a or's O i<e �ta �orlAssi tant 4 � unc"I 5 iri lerk C'rtv Clerk Total # of Signature Pages _(Ciip AII Locations for Signature) qc:non rteyuescea: i Approval of the attached resolution to take adverse action against all licenses held by Eastside Specialiries, LLC, d/b/a Schwietz Saloon (License ID #20040000589) for the premises located at 956 Payne Avenue in Saint Paul. idations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this persoNf;rm pocsess a skiii net ncrmafry pcssessed by any current city employee? � Yes No Explain ali yes answers on separate sheet and attach to gr_er sheet Initiating Problem, Issues, Opportunity (Who, Wbat, When, Where, Why): Licensee allow'ed the display and consumprion of alcoholic beverages after hours on Novembei 7, 2004 in violation of Saint Paul Legislative Code Secrion 4Q9.07 (c). AdvantageslfApproved: Penalty imposed as recommended by the Office of LIEP. D'+sadvantanes If Aa�proved: None. DisadvanWges If NotApproved: Penalty not imposed as recommended by the Office of LIEP. Total Amount of TranSaction: Funding Source: Fi nancial Information: (Explain) Activity Number: . s� ��S�c��^'� {?..,�k�f �' ; 11 CosURevenue Budgeted: OFFICE OF TAE CITY ATTORNEY d4anuelJ Cervantes, CityAttorney � CITY OF SAINT PAUL crv;rD,,.,s,o„ RonAy C. Kelly, Mayo� 400 Ciry Ha11 Telephorse= 657 266-g71p IS West Keflogg Blvd. Facsimile: 651298-5619 Saint paul, Minnesota 55l01 rrr December 20, 2004 NOTICE OF COUNCIL HEARING Mr. Scott Dornfeld Schwietz Saloon 956 Payne Avenue St. Paul, MN 55101 RE: All licenses held by Eastside Specialities, LLC, d/b/a Schwietz Saloon for the premises located at 956 Payne Avenue in Saint Paul License ID 20040QQ0589 Dear Mr. Dornfeld: Please take notice that this matter has been set on the Pubiic Hearing Agenda for the City Council meeting scheduled for 5:30 p.m., Wednesday, January 5, 2005 in the City Council Chambers, Third Fioor, 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 conceming the after hours display and consumption of alcoholic beverages at your establishment. This matter has been placed on the public hearing agenda portion of the City Council meeting, during which public discussion is allowed. The recommendarion of the license office is $500.00 fine. If you have any questions please feei free to contact me at 266-8710. Very truly yours, .�'� � G ���nt`l Virginia . Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Mary Erickson, Assistant Councii Secretary, 310 City Hall Ms. Leslie McMurray, Executive Director, Payne Phalen District 5 Planning Council 1014 Payne Avenue, St. Pau1, MN 55101-3933 AA-ADA-EEO Employer US UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Violation: Date of Violations: Eastside Specialities, LLC d/b/a Schwietz Saloon 956 Payne Avenue Wednesday, January 5, 2005 @ 5:30 p.m. Display and consumption of alcoholic beverages after hours at the premises in violation of Saint Paul Legislative Code §409.07(c). November 7, 2004 Recommendation of Assistant City Attorney on behalf of client, Of�ce of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. Proposed resolution 2. Police Report dated 11/7104 (CN 04237604) 3. Notice of Violation dated 11l22l04 4. Letter dated 12l10/04 from Scott Dornfeld requesting a public hearing. � Saint Paul Police Departmen. New RMS Page i of 3 � ORIGlNAL OFFENSE / {NCIDENT REPORT p�-12 ComplaintNumber ReferenceC.N. L1EP �O�Y 04237604 Date and Time of Report Pnmaryoffense Data Privacy Restrictions �pplyiiD7J2004 02:45 TRAFFIC VIOLATION-COMMERCIAL LICENSE�VIO Pnmary Reporting Olficec tina mCnafria[3 Narne of IocaSONbusiness: Pnmarysquad 302 LxasonofincidenY.956 PAYNE AV ST PAUL MN 55106 Secondary �epoRing o�cer: Approver tlflfl �T1CnHR13[1 oisrncr: Eastern Site: Secondary offense: Rttempt Only Date & time ot occu�ence.• l � J07/2004 02:36 to 11 /07/2004 02:45 Arrest made? Appears to be Gang Related Po/ice OKceiAssau/ted orinjured Police ONicer Assisted Suicide NAMES Suspect Scott Domfeld KNOWN St Paul Nicknames o� Ali AKA Fi�st Name - Detafls Sex Male Race W hiie Hispanic (�p DOB Age from to MN AKA Last Name Phones Home Work Ce// Fax Contact Paqer Offenderinformafion Ar�ested NO Pursuit engaged NO DUl NO Resistance encounte�ed NO Condrtion AICOhoI Taken to health ca�e facility (�O Emp�oyment occupaeon gyrtendedmgr Employe� ldenfNicat SSN: _ _ License otl0# License State Violated Resfraining Order No Medical �elease obtarned? nj0 5 S. DA� � POLICE Complaint Num6er 04237604 Pnmary otfense ORIGINAL Reference C.N. Saint Paul Police Departmen New RMS Page Z of 3 OFFENSE / INClDENT REPORT p5_�Z LIEP COPY DateandTimeofReport �ata Privacy Restrictions Apply 11/07/2004 �2:45 '-Sinnesota Statute 13.82 TRAFFIC VIOLATlON-COMMERCIAL LICENSE VIOLATIONS CRIME SCENE DESCRIPTORS Crime Scene Processed rype Relig/educ/recreational oescnpson Club/firatemiry/rec cente Method & Point of Entry Force used Point of entry Method Hidlnside SOLVABILITY FACTORS Suspect can be ldentifred YeS Photos Taken Evidence Turned In La6 Biological Analysis Narcotic Analysis Lab Comments By policelsqd 3�2 Stolen Property Ttaceab(e Property Turned In Fingerpnnts Taken Items Fingerpnnted NARRATIVE While on tour, Sqd 302 (Sgt. Tina McNamara) observed vehicles in front of Schwietz's Bar at 956 Payne ave after 0200 hours (CN 04237593). Payne Ave is a posted business district with no parking 0200-0700 hours. The registered owner of one vehicle, MN KYC450 (Benny Hiil) is a confirmed gang member and has been at the bar recently. I cited two vehicles in front of the bar including Hill's. While writing the citations i saw people stili in the bar. �„a"At.4 I observed two females sitting at the bar drinking bottled beer. They were talking to the bartender � cott Dornfei ho had a bottle of beer in front of him. I saw one of the blonde females drink from a bottle of beer, look at me through the window and continued talking with Dornfeid. I knacked on the door and shined my fiashlight until Dornfeld let me in the bar. Once inside i saw severai glasses of alcoholic drinks on tables and on the bar. { told him he could not serve, consume or display alcoholic beverages after 0230 hours. He toid me that he was cleaning up and the females were waiting for a cab that he called. i told him several times that the females had to leave. He then got on the telephone and called a cab for them. I advised him a report would be written to t1EP. Copy to LIEP. PUBLIC NARRATIVE PPV at Schwietz's bar. Saint Pau1 Police Departmen. New RMS Page 3 of 3 �� ORiGINAL OFFENSE / INCiDENT REPORT (� ComplaintNumber ReferenceQN. ""'_�� 04237604 LIEP COPY DateandTmeofReport Pnmaryoffense Data Privacv Restrictions Appiy 11/07/2004 02:45 TRAFFIC VIOLATION VIOLATIONS Piease distribute to: Iiep/vice ^ CHF _Hom _Rob _Juv _Oper _PSC _Lab _Rec _Team _Sex _D/C _Burg _Theft �Prop _CAU _F&F _Auto _DAO _CO _Rptr _Vice _Narco _S4U _T&A _Other __ _ OFFICE ' ` THE CITY ATTORNEY bfnnuelJ. � zntu. CiryA�torney CITY OF SAINT PAUL Rrsndy C- Kelly, Ma}ror November 22, 2004 Civi7Division 4D0 CiryXa1! 15 Wut Ke!logg Blvd. Snint Paml, b[innesota SSIO2 NOTICE OF VIOLATION OwneriNlanager Schwietz's Saloon 956 Payne Avenue St. Paul, MN 55101 ��'� Telephon¢: 6 51266-8710 Facsimile, 651 298-5619 RE: All licenses held by Eastside Specialties, LLC d/b/a Schwietz Saloon for the premises at 956 Payne Avenue in Saint Paul License ID #: 20040000589 Dear SirfMadam: The Office of License, Inspections and Environmental Protection has recommended adverse action against the licenses held by Eastside Speciaities, LLC d/b/a Schwietz's Saloon for the premises located at 956 Payne Avenue in Saint Paul. The basis for the recommendation is as foliows: On November 7, 2004, Sergeant McNamara observed hvo vehicles in front of the Schwietz's Saloon after 2:00 a.m. Payne Avenue is a posted business district with parking restrict3ons from 2:00 a.m. - 7:00 a.m. While writing the citations for the two parked cars, she noticed patrons still in the bar. At 2:36 a.m., Sergeant McNamara observed two females sitting at the bar drinking bottled beer and talking to the bartender who had a bottle of beer in front of him. One of the female patrons observed the Sergeant outside the door and continued to drink the beer. Sergeant McNamara knocked on the door and shined her flashlight in the door until the bartender let her in the bar. Once inside she saw several glasses of alcaholic beverages on the tables. She informed the bartender that he should not be serving after 2:30 a.m. He told her he was cleaning up and the two females inside were waiting for a cab he had called for them. Sergeant McNamara told him several times that the females needed to leave, he then got on the phone and called a cab for them. SA1NT PAUL � AAAA AA-ADA-EEO Employzr Schwietz's Saloon November 22, 2004 Page 2 The recommended penalty for this violation is a$500 fine. At this time you have two options on how to proceed: �-12 If you do not dispute the above facts please send me a letter by Thursday, December 2, 2004 with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council 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 appeaz there for you. 2• If you do dispute the above facts, you can request a contested hearin�, which will be scheduled before an Administrative Law Judge. At that hearin� both you and the City wili 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 Thursday, Aecember 2, 2004, I will assume that you are not contesting the facts and wi11 schedule this matter for a hearing before the City Council for the consent agenda, at which time the $500.00 �ne will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, V /.'t�,GGZ_� �j�•'w� Virginia . Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Ms. Leslie McMurray, Executive Director, Payne Phalen District 5 Planning Council 1014 Payne Avenue, St. Paul, MN 55101-3933 AA-ADA-EEO Emptoyer p5-1Z STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OR SERVICE BY U S MAIL MEGHAN McGIVERN, being first duly swom, deposes and says that on November 22, 2004, she served the attached NOTICE OF VIOLATION by placing true and conect copies thereof in envelopes addressed as follows: OwnerfManager Schweitz's Saloon 956 Payne Avenue St. Paul, MN 55101 Ms. Leslie McMurray, Executive Director Payne Phalen District 5 Planning Council 1014 Payne Avenue St. Paul, MN 55101-3933 (which aze the last lrnown address of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. ,l��.tl:. �1�� �'1,. "�, — =�"i� Subscribed and sworn to before me this 22nd day of November, 2004. -` � -.� _ �, ;- "��n; �.� :J < •� .�.��rn=c^c�::e��,;� f �;_'.�f�� N�•rnarP�J&c;...-u, � .�4 `it''�`ri+f� Pr1vr,.,�,y1P�?ISSyM1;�Si)",A � � _ Ez'rlacs Jn,�r. „ ,,� s .`i?JS i p5-\L �ie�e:;:��, 10, 2C�l14 �� '_D'i_�. z a.__.__v,c l � wes! 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