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05-683Council File # 0 S - `83 PRESE\TED BY RE�r.�n To CO34rIITTEE: DATE i WHEREAS, adverse action was initiated against all licenses held by Eastside Specialties, z LLC, d/b/a/ Schweitz Saloon (License ID#20040000589) for the premises located at 956 Payne a Avenue in Saint Paul by Notice of Violation dated June 30, 2005, alleging licensee allowed a 4 patron to leave the premises with an alcoholic beverage on 7une 24, 2005; and s s WHEREAS, the licensee did not respond to the Notice of Violation to contest the v allegations or pay the$1,000.00 fine; and s s WHEREAS, the Notice of Violation stated that if the licensee failed to contest the io allegations or pay the fine by July 11, 2005, that the matter would be placed on the consent u agenda to impose the recommended penalty; now therefore, be it iz is RESOLVED, that Eastside Specialties, LLC, d/b/a Schweitz Saloon is hereby ordered to i4 pay a fine in the amount of $1,000.00 for the violation of allowing a patron to leave the premises is with an alcohol beverage on June 24, 2005. Payment of fine sha11 be made within thirty days of is the date ofthe adoption ofthis resolution. iv is RequesCed by Department of: L zEA AdoF ' AdoF By: Appz By: Green Sheet # � t,� ( � 7 � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Q �, O By: �,�-�-� "'' T� Form Approved by City Attorney � C�reen Sheet Green Sheet LP — LicensMlnspection/Envuon Prot Conhact Person 8 Phone: Rachei Gunderson 266-87Y0 Must 6e on Council qqenda 13JUL-05 � Assign Number Fw Routing Order Green Sheet NO: 3027370 0 i ens ns "on/E viro Ro 1 i nse/In ection/EnviroqPro De artm ntDirec6ur 2 i A ev 3 or's Offic Ma odAssistant 4 ouncil 5 'ri Cle k Ci Cler Total # of Signature Pages _{Clip All Locations for Signature) � AMion Requested: � Approval of the attached resolution to take adverse action againsY all licenses hetd by Eastside Specialties, LLC, d/b/a Scfiweitz Saloon (License ID#20040000589) for the preuuses located at 956 Payne Avenue in Saint Paul. ivaaons: r�pprove (H) or tt Planning Commission CIB Committee Civil Service Commission (R): 05- �&3 Green Sheet Green Sheet Green Sheet Green Sheet Contracks Must 1. Has fhis person/firtn ever worked under a cont2ct for this departmenl? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Dces this personffirm possess a skill not nortnally possessed by any curtent city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why) Licensee aIlowed a patron to leave the premises with an alcohol beverage on June 24, 2005. AdvanWpes IfApproved: Imposition of a$1000.00 fine as recommended by the Office of LIEP. Disadvantages If Approved: None Disadvantages If Not Approved: Fine not imposed as recommeaded by the Office of LIEP. �ofa7 Amount of Transaction: Punding Source: Cosf/Revenue Budgeted: Activity Number: ��fi£t'SSCR? �'a�'�F Financiallnformation: � � n y�� (Facplain) t7 7 LUlka �' SqINT PAU L � Al1AA CITY OF SAINT PAUL Randy C. Ke11y, Mayar . Juue 30, 2005 - -- _ r� os�- �f3 OFFICE OF 1'HE CITY ATTORNEY ManuelJ Cervaniu, Ciry�tttorney ClVlt]�LYISIOn 400 CiryH¢II IS WestKelToggBlvd. Saint Paul, Minnesoia 55102 NO'I'ICE OF VIOLATION Scott Domfeld Schwietz Saloon 956 Payne Avenue St. Paul, MN 55101 Telephone: 65I 266-8770 Facrimile: 6512p8-5619 RE: AlI 2icenses held by Eastside Specialties LLC, d/b/a Schwietz Saloon for the premises located at 956 Payne Avenue in Saint Paul License ID #: 20040000589 Deaz Mr. Dornfeld; The Office of License Inspections and Environmental Protectiott has recommended adverse action against ali the licenses held byEasiside Specialiies L,LC, d!b/a Schwietz Saloon for the premises located at 956 Payne Avenue in Saint Paul. The basis for the recommendation is as follows: On June 24, 2005, officers were sent to your establishment on a warrant call. When they arrived, they observed a man exiting the bar with a bottle of beer. Upon inspection, it was determined the bottle of Budweiser beer was approzimately 3/4 full and still cold to the touch. The man said he did not know he could not leave the bar with alcohol and possess it in public. When the offieers then entered the bar, they uoticed there were no employees watching the doors and the onIy employee present was bartending. �or the violarion of allowing a patron to Ieave the premises with an alcoholic beverage, the licensing office will recommend a $1,000 fine. At this rime you have three options on how to proceed: You can pay the recommended fine. If this is your choice, you sfiould make payment directly to the Office of License, Inspections and Environmental Protection, at 8 Fourth Slreet East, Suite 200, St. Paul, Minnesota 55101-1002 no lafer than Monday, July 11, 2005. Information shoutd be directed to the attenrion of Christine Rozek. A self-addressed ettvelope is enclosed for your convenience. Payment of the fine will be considered to be a waiver of the hearing to which you are enritled. AA-ADA-EEO Employer Schwietz Saloon �- (� oS�- ��3 7une 30, 2005 Page 2 2. If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the violation and requesting a hearing by Monday, Jnly 11, 2005. The matter will then be scheduled before the City Council for a public hearing to determine what penaity, if any, to impose. You will have an opportiwity to appear before the Council and make a statement on your own behaLf as to the penalty to be imposed. 3. 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 wiii be able to appeaz and present witnesses, evidence, and cross- examiue the other's witnesses. The St. Paui City Council will ultimately decide the case: Please let me lmaw in writing no later than Monday, JnIy 11, 2005, how you wish to proceed. If you have not contacted me by Monday, July 11, 2005, I will assume that you are not contesting the facts and will schedule this matter for the SL Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended fine will be imposed. If ydu have any questions, feel free to contact me at"266-8710. Sincerely, �}C�� Rachel Gunderson Assistant City Attorney cc: Christine Rozek, IIeputy Duector of LIEP Scott Dornfeld, 135 Battle Creek Place, St. Paul, MN 55119 Ms. I,eslie McMurray, Executive Director, Payna Phalen District 5 Plarnring Council 1014 Payne Avenue, St. Paul, MN 55101-3933 AA-ADA-EEO Employer � �- oS- ��3 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAII. MEGHAN McGIVERN, being first duly sworn, deposes and says that on 7une 30, 2005, she served the attached NOTICE OF VIOLATION by placing true and conect copies thereof in envelopes addressed as follows: Scott Domfeld Schweitz Saloon 956 Payneflvenue St. Paul, MN 55101 Scott Dornfeld 135 Battle Creek Place St. Paul, MN 55119 Ms. L,eslie McMurray, Executive Director Payne Phalen District 5 Plamung Council 1014 Payne Avenue St. Paul, MN 55101-3933 (which are the last lrnown addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. // : � 11 .-.L��� ��i—r �r%�f 1 � MEGI�AN McGIVERN Subscribed and swom to before me this 30�1yday of June, 2005. Pubiic � � ti . � � �- F r - . k �F �� � � ♦ n�� • _ � � ' s _..:._:. . ��•,. _ : -. _ z . ' . . ,.