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05-215Council File # �S �, � � I'RESE'_�'TED BY REFE1zREn TO Green Sheet # Z � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA � �i � !8 COMNIITTEE: DATE i WHEREAS, adverse action was initiated against all licenses held by New Western Front, z Inc., d/b(a New Frontier Saloon (License ID# 0014148) for the premises located at 230 Front a Avenue in Saint Paul by Amended Notice Of Violation dated January 18, 2005 alleging a 4 conviction for 5`" Degree Assault on October 21, 2004 and failure to submit required s documentarion relating to ownership of the establishment; and, s v WI3EREAS, the penalty recommendation was for a fine of $500 and a suspension of the s licenses unril paperwork relafing to the ownership is submitted; and, io WHEREAS, the licensee did respond to the Amended Notice Of Violation but failed to ii submit a formal request for a hearing; and, iz i3 WHEREAS, the Amended Notice of Violation stated that if the licansee failed respond by i4 January 28, 2005, that the matter would be placed on the consent agenda to impose the is recommended penalty; now, therefore, be it is iv RESOLVED, that ali licenses held by New Western Front, Inc. d!blaJ New Frontier is Saloon for the premises located at 230 Front Avenue in Saint Paul are hereby suspended until is such time as the licensee submits the required documentation on the ownership of the zo establishment. Further, that a fine of $500 is imposed and licensee shall pay said fine to LIEP zi within 30 days of passage and approval of this resolution. os-a�s CITY OF SA1NT PAUL Rartdy C. Kelly, hfayor OFFICE OF THE CITY ATTORNEY bfartue[!. Cervan(es. CiryAitorney CivilDivision 400 Crry Hn1! I S West Kelingg B(vA. Saint PauT, Minnesola 55102 Zelephorte: 6�! 266-8T10 Pacsimile.� 651298-56/9 3anuary 18, 2005 AMENDED NOTICE OF VIOLATION Jerry Neuspickle New Frontier Saloon 230 Front Avenue Saint Paul, MN 55117 RE: All Licenses held by New Western Front, Inc., dibla New Frontier Satoon for the premises located at 230 Front Avenue in Saint Paul License ID #: 0014148 Deaz Mr. Neuspickle: The Office of License, Inspections and Environmental Proteceion (LIEP) has recommended adverse action against the above-referenced licenses. The basis for the recommendation is as follows: On July 28, 2004, you were arrested and charged with assault for an incident in which you maced two people who had been in the Frontier Saloon but had left. Although they were across the street and not causing any trouble, you walked up to them and maced the woman directly in the face. You then turned and sprayed the man as well. When asked by the police why you did it, you stated: �°Oh, you know how it is, the Rice Street Parade, you go out to have a few drinks:' You pled guilty to the charge of assault on October 21, 2004. On August 23, 2004 the Office of LIEP sent you a second request for documentation relating to the ownership of the establishment. The previous owner, your father Gerald Neuspickle, is deceased but the records sti11 show him as the licensee. You were given until August 30, 2004 to submit the paperwork to renew the license in the correct name. As of today's date, no documents have been received. On November 3, 2004, you were sent an invoice for the second half of your liquor license fees, which are past due. As of today's date, no fees have been paid. AA-ADA-EEO Employer Jerry Neuspickle 3anuary 18, 2005 Page 2 OS� a�S The recommendation for a penalty by the Office of LIEP is for a fine of $500 for the assault and a suspension of the licenses heid by New Westem Front, Inc., d/b/a New Frontier Saloon until such time as the appropriate paperwork and fees have been submitted. At this time you have two options on how to proceed: 1. 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 with a statement admitting the violation and requesting a hearin� by Friday, January 28, 2005. The matter will then be scheduled before the City CQUncil for a public hearing to determine what penalty, if any, to impose. You wi11 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 appeaz and present witnesses, evidence, and cross-examine the other's witnesses. The St. Paul City Councii will ultimately decide the case. Please let me know in writing no later than January 28, 2005 how you wish to proceed. If you have not contacted me by January 28, 2005, I wiil assume that you aze not contesting the facts and will schedule this matter for a hearing before the Ci2y Council for a consent agenda, at which time the recommended penalty will be itrposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, `�� ,r,,�wa�`, � c� -`t-�- 'J Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Mr. John Thoemke, Chair, District 6 Planning Councii, 1483 Kent Street, St. Paul, MN 55117 AA-ADA•EEO Emptoyer � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet oS-a�s �p —Licznselfi�specfion/EnvironProt GonWd Person R Phon¢: Rachel Gunderson 266-8T10 by 01-MAR-0S � Assign Number For Routing Order Total # of 5ignature Paqes _(Clip NI Locations for Signature) � Action Requested: Approval of the attached resolution to take adverse acrion against all licenses held by New Westem Front, Inc., d16/a New Frontier Saloon for the premises located at 230 Front Avenue in Saint Paul. idations: Approve (A) or K Plan�ing Commission CIB Committee Civil Service Commission �R): f Personal Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee has failed to submit the requized documentarion retating to ownership of the establishment, pay the $500 fine ot the second half of the liqour license fees. AdvanWges If Aparoved: Fine and license suspension as xecommended by the Office of LIEP. '�.ad..,� pisativantages If Aoproved: None DisadvanWges If NotAparoved: Transaction: Fundlntt Source: Financial Information: (Explain) ��AR 0 ? 2�05 �'=��t:�;S �r �� Green Sheet NO: 3025469 p ' en� n ' n/En ' P 1 � ice s ns tio viron P�o e art nt Dir or 2 C'SV A„ornev 3 avor'sOtfice �ta or(ASSistant 4 �os� c'I 5 r�w r�erk C� lerk Must Mswer the Following l. Has this persoNfirm ever worked under a contrad for this department? Yes No 2. Has this person/firm ever 6een a city empioyee? Yes No 3. Dces fhis personlfirm possess a skill not normally possessed by any cuaent city employee? Yes No Ezplain all yes answers on separete sheet and attach to green sheet CostlRevenue Budgetetl: ActivityNumber. �� #�,v+��;U{� ��.t� * k: k [�l (�'a�. os'-a�S STATE OF MINNESOTA ) ) ss. AFFIBAVIT OF SERVICE BY U.S. MAIL COUNTY OF RAMSEY ) MEGHAN McGIVERN, being first duly swom, deposes and says that on January 18, 2005, she served the attached AMENDED NOTICE OF VIOLATION by glacing true and conect copies thereof in envelopes addressed as follows: ' Jerry Neuspickle New Frontier Saloon 230 Front Avenue Saint Paul, MN 55117 Mr. John Thoemke, Chair Disuict 6 Planning Council 1483 Kent Street St. Paul, MN 55117 (which are ihe last known addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � f � � �.l j.. �l�a� a'1 � ��1' • Subscribed and swom to before me this 18th day of 7anuary, 2005. �. vm� otary Pubiic .� JULiE ANhfE KRAUS I�aTARY PUBUC -MM�NESOTA NN COMM1SSfON FXPIRES JAN. 31, 2 01 0