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.
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