The URL can be used to link to this page

06-1049� �-, Council File # �(� — � �, � �� Green Sheet # 30 3 ef 3 O �Ll Presented by � 1 2 AS, adverse action was taken against a11 licenses held by EM-TY Corporation d/b/a Days 3 Inn Midway (L ense ID#0016653) for the premises located at 1964 University Avenue West in Saint 4 Paul, by Notice o iolation dated October 4, 2006, alleging licensee sold alcoholic beverages to two 5 underage persons on eptember 19, 2006 in violation of Minu. Stat. §340A.503 and Saint Pau1 Legislative 6 Code §409.26 (b) (3); d 7 8 WHEREAS, The ce of License, Inspections and Environmental Protection has recommended a 9 $500.00 fine; and 10 11 WHEREAS, the licensee not contested the allegations; now, therefore be it 12 13 RESOLVED that EM-TY Co rat 14 $500.00 for the sale of alcoholic bevera 15 16 This Resolution, and action taken at 17 Notice of Violation sent to the licensee and 18 November 15, 2006. 19 20 21 ion d/b/a Days Inn Midway is hereby order to pay a fine of to two underage persons on September 19, 2006. is based upon facts contained in the October 4, 2006, rguments made at the Public Hearing on Yeas Nays Absent Benanav Bostrom Hazris Helgen Lanhy Montgomery Thune Adopted by Council: Aate Adoption Certified by Council Secretary By: Approved by Mayor: Date By: : `�i�rl//.��'/ _ /S/d%�(o RESOLUTION CITY OF SAINT PAUL, MINNESOTA Requested by Dep t of: By: Form A xoved by City A o BY _ ` � Form App b ayor By: Council � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ob ,�� 9 lo-ePpartrne�VO�,�p�tl�Il��ot �� Green Sheet NO: 3033830 CoMact Person & Phone: Rachel Gufde�son 2668710 Doc. Type: RESOLUiION E-DocumentRequired: Y � Document Confact: Julie K2us ContaM Phone: 266-8776 � ueparonenc aent i o rerson 0 'ce selln ecfio viron Assign 1 'c ectioNEnvironPro De artme t' or Number Z � For Routing 3 a or•s tfice or/ issant Otder 4 oa cil 5 i erk i Cler InitiallDate ToWI # of Signa Pag _(Clip NI L o ca tions for SignaWre) Action Requested: Approvai of the attached resolution to take adverse action against the all the licenses held by EM-TY Corporation dlbia Days Ian Midway (License ID#F0016653) for the premises located at 1964 University Avenue West in Saint Paui, �tla[lons: Appro�e (A) or Re)ec[ (R): Personal5ervice Gontracfs MustMswerthe Pollowing Questions: Planni�g Commission i. Has this persorJfirm eeer worked under a coMract for this tlepertment? CB Committee Yes No Citil Service Commission 2. Has this persorJfirtn e�er been a city employee? Yes No � 3. Does this persoNfirtn possess a skill rwt nottnally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and atfach to green sheet Initiating Problem, lssues, Opportuniiy (Who, What, When, Where, Why): On Septembei 19, 2006, licensee soid alcoholic beverages to two underage peisons in violarion of Minn. Stat. Section 340A.503 and Saint Paul Legislative Code Section 40926 (b) (3). � Advanqges IfApproved: Mahix penalry of $500.00 Oisadvalltages If Approved: None. DisadvanWSes If Not Approved: Tofal Amount of Transaction: Fundinp Source: Financial Information: (Explain) . , . � LC�t��i CasURevenue Budgeted: Activity Number; t� 1T. • ��V o G ZQ�s�, October 23, 2006 10:49 AM Page 1 O� io��' CIT'Y OF SAINT PAUL Christopher B. Coleman, Mayor October 24, 2006 OFFICE OF TI� CITY ATTORNEY .lohn Choi, City Attorney Civi7DivLrion 400CityHall Telephone:651266-8710 ISWestKel7oggBZvd FacsimiZe:6i1298-5619 SaintPaul, Minnesota 55102 NOTICE OF COUNCII. HEARING Dao Hoang Manager - Tracks Baz & Grill Days Inn Midway 1964 University Avenue West St. Paul, MN 55104 RE: All licenses held by EM-TY Corporation d/b/a Days Inn Midway for the premises located at 1964 UniversityAvenue West in Saint Paul. License ID #: 0016653 Deaz Mr. Hoang: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, November 15, 2006, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents wluch will be presented to the City Council for their consideration. This is an uncontested matter concerning the fact that on September 19, 2006, two underage persons were able to purchase alcohol at your establishment in violation of Minn. Stat. §340A.503 and Saint Paul Legislative Code §409.26 (b) (3). This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. The recommendation of the licensing office is a$500.00 Fine. If there is anv information vou would like Citv Council to review nrior to the nublic hearing I will need to receive rt no later than Monday November 6 2006 Very truly yours, �� j' ;, ,// =vw�� tJ Rac el Gunderson Assistant City Attorney cc: f hristine Rozek, Deputy Director of LIEP ��Mary Erickson, Assistant Council Secretary, 310 City Hall Michael C. Berg & Associates, Inc., The Crossings - Suite 1917, 121 Washington Avenue South Minneapolis, MN 55401-2135 Patrick Smith, Executive Director, Snelling-Hamline Community Council, 1684 Selby Avenue, St. Paul, MN 55104 AA-ADA-EEO Employer UNCONTESTED LICEN5E MATTER Licensee Name: Address: Council Date: Violation: Dates of Violation: Days Inn Midway - Tracks Bar & Grill 06 /o�� 1964 University Avenue West, St. Paul, MN 55104 Wednesday, November 15, 2006 @ 5:30 p.m, Licensee failed a liquor compliance check at his establishment. September 19, 2006 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens 3. Copy of St. Paul Police Original Offense/Incident Report (CN #06194681) dated 9/19/06. 4. Copy of the Liqnor Compliance Check Sheet. 4. Copy of Notice of Violation with Affidavit of Service dated 10/4/06. 5. Copy of letter from licensee requesting a public hearing dated 10112l06. ;�C�nse 6!oup Comments Text i Licensee: EM-TY CORPORATION �BA- DAYS INN MIDWAY License #: 00'16653 l � D� y+�� g' �0/02/2006 To CAO for adverse actioa CAR 09/'IS/2006 CN 06'194681 Failed alcohol compliance check conducted by SPPD.Counts as first failiure, u�500 matnx penalty. CAR 07l11/2006 Passed tobacco compliance check. RS 72/22/05 Passed alcohol compliance check conducted by SPPD. MD 09l20I2005 Passed tobacco compliance check. RDH 04/29/2004 Passed tobacco compiiance check. CMK. 06l�812003 Senc congratulations tetter 4or passing comptiance check. CMK. OS/20f2003 Passed DPS alcohol compliance check conducted by SPPD. CMK. �4lt�12��2 Se�t wngratulafions letter for passing alcohoi comptiance cheGc on 03/25l2002. SS 03/25/2002 Passed DPS aicohol compliance check conducted by SPPD. SS 03/28l2001 Cigarette Machine has heen removed artd they no longer seli cigarettes per Rich .lents. LAB 03/19/200'I Congratulations letter sent for passing Alchohol Compliance check. SS 03/08/2001 Passed DPS Alchohol Compliance check by SPPD. SS 03/28/2001 No longer sell cigarettes. LAB 03/06/2001 Passed tobacco compliance check. SS 08/� 0/2000 Chrisfine Rozek sent cigarette machine compliance letter. Machines must not be used for sales after 09/01/2000. SS 06l20/2000 Letter mailed re invoice error for rooms over 50. JL 04/� 1/2000 Congratulations letter sent for passing alcohol compliance check. SS 04/142000 $294.00 refund of 7999-7% Liquor Discount processed. PV #V330-3503. LAB 03/21/2000 Passed UM alcohol compliance check by Vice Ramstad/Burke. SS 02/08/2000 - � 999-7% Liquor Discount applied to 2nd half - LAB 07/'14/1999 passed cig compliance check - 07/21/99 letter sent SS 01/14/1999 Cong2tulations letter sent. PJW � t118/1998 Passed cigarette compliance check. PJW On 01/07/1999 Passed Check; no "unofficial" waming-DL 'f998-7°/ Discountapplledto2nd'l/2—krd 7997-7% Disc Retunded 6/27/97 Pv #V-330-9661 06125/'1997 Appn For New Gamb looC App'D C.F #97-789 01/�7N 995 Entertainment Changed From Glass I To A Per QF. #94-�447 � Engelmann 05/3511994 Waming Letter To Licensee Re: Serving To Minors. 05/12/1993 Dan Vaughan And PaW Zel6ns Removed Fr/Officers Per Letter Received FdChris 05l12f1993 Name Changed Fr/Em-Ty Partnersfiip To Em-Ty Corporation Per Letter Received Fr/Chris Engelmann 05/11/1989 Ph On Appn For Sunday & Class I Entertainment Lic App'D C.F. 89-826 (Id54367) Ot/28/1987 Ph On Request To Activate On Sate Liquor License App'D 141 Seats 05/OSN987 '10/02/2006 iicense Query �: '�� : �. � �£t�i-T�r` �?€Zt�Ofi=,Tltit� jE��.Y� IE�Eiaf A�ilCA1t'AY LE��ar Crn Sn(z _ 5aac3�Y � . . � � � ,+�c#vt{e � ii-icer�v Pr'l[t!�. .... . i "'� � . F.d!'�'�s � l.�s� .[_tP,^�'.�:� -- . �- s .s t' ' :s �4 t : i:a�.� �,. �(O ' 4 �, � '---- n � ' s �� _ �� `�"�}"��, � "t �{"' _:. . �r; .—' ��; \ r . � - - .:�.-- _ �: .. , :,. , �� `�. �w . r a� i a .� � -.. . �� z:• ' � - - - � h xa�. �- E . � .. ,. . : � �� if^ M [. - x �F a � < ••) � " _ _� , - .a R �.. _ �- �- ��"/��f9 �. 1 i � A • q � - �; � ` � Y S 1 p d � ' � �°� � { Ww� " Y � � (" { ,_.�....,..,�.�..�..._.m.A.,...,�...,..�,�.. .�.�...� �P q } y �' � « � 4 • . _ . . . � �� . m . �..__ _-" cv '. - .� � : !: ` - + t F: )r I� ifs' + ' __ - •F. - - ��- � � ° � - ��y � �-- ,�'"'�-�---- -- ..-,. - I )= i) � � ' � F V.; �- f 'w x. s �a'.�.��.�.ST... i'i r=t ��.w.. t"I �' p.e.! 'E�' i �F�I _ _ f.�r�� '� U t�rsr ?. -t .t �ss ):' a " ' '� N P� � I.,1�+I�� ,�pr IIII't i +�°�` P 'R � �i 'G > Xr' i . � . . " a�� ;iG'�'I ��IIII �II�� I��I I�III �� I� �II � I, { II 1� I 11�i � II . s"9'" 4 � I i j+F�� I I�I¶I� � ��-i� q Page � of 5 �' ' � Saint Paul Police Departme� ORI(91NAL OFFENSE / INCIDENT REPORT Complaint N�mber Reference CN Date and Time of Report 06194681 none 09/19/2006 06:59:00 �� Primary offense: - LIQUOR LAW-FURNISHWG LIQUOR TO A MINOF�i�t� ��'�^?� LUUp PrimaryReportingOffcer. SimmonS, MiChael R NameofloratioNbusiness: Primary squad: 7g4 Secondary reporting officer. ,aF,prover. S+mmons, Michael �iso-icr. �n/estern Site: A�rest made: Secondary offense: Cocation ofincident: 1964 UNIVERSITY AV W ST PAUL, MN 55104 Date & time of occurrence: 09/18/2006 1925:00 to 09/18(2006 1925:00 Police Officer Assaulted or lnjured: Polke O�cer Assisted Surcide: C�ime Scene Processed: OFFENSE DETAILS LIQUOR LAW-FURNISHING LIQUOR TO A MINOR Rttempt Oniy: Rppears to be Gang Re(afed: NAMES Suspect Rung, CoreyAlan 12475 SYCAMORE ST NW KNOWN COON RAPIDS, MN 55448 Nicknames orAfiases Nick Name: Alias: AKA FirsE Name: Defai/s sex: Male Phones Home: 612-227-3263 Work 651-644-5502 Race: Whlte Hispanic: CeIC Fax: AKA Last Name: DOe: 11/6/1981 Age: 24 from to Resident Status: Contact Pager. Employment occupation: BARTENDER Employer: DAYS INN ldenti£rcation SSN: License or ID#: License Stafe: ` i � -2 !/ `-e �l � ` �a9e 2 of 5 � Saint Paul Police Departme�. ORfGINAL OFFENSE / fNCfDENT REPORT Comp/ainf Number Reference CN Date and Time of Report 06194681 none Primary offense: LIQUOR LAW-FURNISH WG LIQUOR TO A MINOR 09/19/2006 06:59:00 PhysicalDescripSon US: Metnc: Height: to Weight: ta 7eeth: Offendei Information Arrested: DUY. Condition: Sobef Unknown Buiid: Skin: Eye Coloc Pursuit engaged.� Resistance encountered: Taken fo healtn care facilify: MN Hair Lengfh: Facia/ Hair: Blood Type: Violated Restraining O�der. Medical release obtained: Hair Color. Hair 7ype: Nicknames orAliases Nick Name: Alias: AKA First Name: AKA Last Name: Details Sex: Race: DOB: Resident Status: Hispanic: Age: f�om to Phones Home: Ce!/: Contacf: Work: Fax: Pager. Employment Occupation: Emptoyer. ldentification SSN: Cicense or ID#; License State: ViCtim Nicknames orA/iases Nrck Name: A/ias_ AKA First Name: qKA Last Name: ( Saint Paul Police Depa�tme� ORIGlNAL OFFENSE / INCIDENT REPORT Complaint Number Reference CN Date and Time of RepoR 06194681 none Pnmary oSense: LIQUOR LAW-FURNISHING LIQUOR TO A MiNOR Oetalfs Sex: Race: DOB: Resident Stafus: Hispanic: Phones Home: Cel1: Contact Work: Age: from to Pager. Fax: 06 -io� 9 Page 3 of 5 09/19l2006 06:59:00 Emp/oyment Occupation: Employer: ldentifica SSN: License or lD#: License Sfate: Uctim /nformation Type: Can Identrfy Offender. rJp Willirrg to Press C6arges: nJp Condition: Taken fo health care facility: rjp Medical release obtained� No SOLVASILITY FACTORS Suspect can be ldentified-' Photos Taken: Evidence Turned ln: Related Incident: By: Stolen Property Traceable: Proper(y Turned In: Cab Bio(ogical Analysis: Finge�p�ints Taken: Narcotic Analysis: ltems Frngerprin£ed: Lab Comments: D �� v `� / Page 4 of 5 � Saint Paul Police Departme� ORfGINAL OFFENSE / INCIDENT R�PORT Complaint Numbe� Reference CN Da(e and Time of Repod 06194681 none Primary offertse: LIQUOR LAW-FURNfSHfNG LIQUOR TO A MINOR 09/19/2006 06:59:00 PROPERTY ITEM #1 TypeofLoss: Recovered Owner: Mode! #: Artic�e rypei�tem: Cash/currency Description: Date of Loss: Date Recovered.� 4uanfity: / Cash/Gurrency Location losE Loca6on Recovered: Se�ial #: Tofalvalue: Tumed in at: Locker ID #: Lab exams: VEHICLE INFORMATION (Information Only) Registered owner. Status DescripSon Sfatus: License no.: Year. Towed: Ow�er. Sto/en Method: LoCk sYdtUs Keys in vehicle: Sfate: Year_ V.I.N.: Make: Modeh Mrleage: Type: Color: Doors: Transmission: ShiR Posifion: Participants: Person Type: Name: Address: Phone: Suspect Rung, Corey Alan Unknown Victim 12475 SYCAMORE ST NW COON RAPIDS, MN b5448 MN 612-227-3263 TfARRATNE I, Sgt. Simmons work in the Vice Unit. On this date, myself, Sgt. Bandemer, and two female checkers #30 and #31, were doing liquor compliance checks, at licensed liquor establishmenfs in the City of St. PauL Checker #30 was twenty year olds and had a DOB of 1-14-1986. Checker #31 was fiventy year olds and had a DOB of 8-7-1986. Both these checkers were given instructions on how to do a liquor compliance check. They are told not to lie about their age, and provide their MN ID's if asked. It should be noted, these ID's say, "under twenty- �. Saint Paul Police Departme� o` io� 9 Page 5 of 5 ORIGINAL OFFENSE / INCIDENT REPORT Complaint Number Reference CN Date and Time of Repod 06194681 none P�imary offense: LIQUOR LAW-FURNISHING LIQUOR TO A MINOR 09/19/2006 06:59:00 one" above fheir picture. They were given one marked/copied twenty dollar bill to purchase afcohol. They aiso wear a transmitter so we can hear their conversations thru a monitor. At 1925 hrs., both checkers went into Tracks Bar and Grill at the Days inn, 1964 W. University, 651-644-5502. They ordered a bottle of Heineken and a tap beer. The bartender looked at their MN ID's, but served them this alcohol. I went in and ID'd myself as the Police. I told the bartender he just served two underage people. He said fie looked at their ID, thought about their DOB's then swore, realizing he did the math wrong. Ffe was ID'd by MN DL as Rung, Corey, Alan, 11-6-1981, 12475 Sycamore, St. NW., Coon Rapids, 55448, 612-227-3263. Rung said he has worked at Tracks for three years and hasn't done this before. He just did the math wrong on the checkers DOB's. I took a picture of the served alcoho{ and of Rung. He returned the copied twenty dol{ar bill from the cashier drawer. Copy to LIEP. PUBLIC NARRATIVE While conducting a liquor compliance check, an underage checker was served aicohol at this IocaYion. - � � - r� " 33AT'E � r d��a�� LIOIJOR COMPLIANCE C�EC� S�E'I' - fl �� ; ti � r � V � S - � f i. � � l �� 111 TIR�_�� CN# �� j� 7�i �( � _ VICE QF`FiC�RS �� C��K.ER # ��j_ I➢pB CI�ECKER # � ( �1�� .7 � SERVER LAST NAl�� 6�2 � DATE OF F � BIRTH (o'f> � HEIGHT s(� WEIGHT �� RACE � /z-" �S^ ..S"ytx�.�-S,—Na,� o�vs �`�-SL�C� ADDRESS -�S��R,� ��.� CTTY�� STATE Mn�"ZIP ��.._ PHONE: WORT�(P,3Y ) 6l� �Sfd� HOME ((;(2) 2z.7-�z63 OTHELB ( PICTURE TAKE YES / O MANAGER IDENTIFI�ATION TYPE ) �1�1=D f,ac j NAME cl ��e.k FIILST �$ � MIDALE DATE OF BIItTH ADDRESS CITY STATE ZIP PHONE: WORK ( . ) HOME ( } OTHER ( ) rr: 5 S�r�- (,-h�` ( ( Nel�-� �- T1�p �' Ldet� �� ' WHAT DID THEY TRY TO PIIItC'HASE? � - - � (_. o` -�o� 9 OFFICE OF Tf�E CITY ATTORNEY .7ohn J. Cho; CityAnorney C li i �F S[1u�1 PAUL CivilDivision Clvistopher B. Colenum, Mayor 400 CiryHa11 IS West KelloggBZvd Samt Paul, M'mmesota SSIO2 i October 4, 2006 NOTICE OF VIOLATION Owner/Manager Days Inn Midway 1964 University Avenue West St. Paul, MN SS104 Telephone: 651266-8770 FacsimiZe: 651298-5619 RE: Ail licenses held by EM-TY Corporation d/b/a Days Inn Midway for the premises located at 1964 University Avenue West in Saint Paul License ID #:0016653 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all of your licenses based on the following information: On September 19, 2006, an alcohol compliance check was conducted by the Saint Panl Police Deparfinent (CN# 06194681) at the Days Inn Midway located at 1964 University Avenue in Saint Paul. Two underage persons enter the Tracks Bar & Grill and ordered a bottle of Heineken and a tap beer. The bartender looked at their identification and then served them the beer. When approached by police, the bartender said he look at their ID's, thought about their dates of birth and swore realizing that he did the math wrong. He said he has worked here for three years and hadn't done this before. Sale of alcohol to an underage person is a violation of Minn. Stat. §340A.SQ3 and Saint Paul Legislative Code §409.26 (b) (3). Since this is the first violation for the sale of alcohol to an underage person, the licensing oftice wflll recommend a $500.00 fine. AA-ADA-EEO Employer Days Inn Midway October 4, 2006 Page 2 �' At this time, you haue three options on how to proceed: �� l�-/o � � i. You can pay the recommended fine. If this is your choice, you should make payment directly to the Office of License, Inspections and Environmental Protection, at 8 Fourth Street East, Suite 200, St. Paut, N3innesota 55101-1002 no later than Monday, October 16, 200fi. Information should be directed to the attenfion of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the fine will be considered to be a waiver of the hearing to which you are entitled. 2. ff you wish to haue a public hearing before the Saint Paui City Council, you will need to send me a letter with a statement admitting the facts requesting a public hearing. We will need to receive your letter by Monday, October 16, 2006. The matter will then be scheduled before the City Council for a public hearing to deteimiue whether to impose the fine. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. If you dispute the above facts, you can request a hearing before an Adtuiuistrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-exanune the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than 1VIonday, October 16, 2006, and I will take the necessary steps to schedule the adnvnistrative hearing. Tf you have not contacted me by that date, I will assume that you are not contesting the imposition of the $500.00 fine. If you have questions about these options, piease feel free to contact me at 266-8710. Sincerely, l � el Gunderson Assistant City Attorney cc: Cluistine Rozek, Deputy Director - LIEP Michael Berg, 108 WasUiu�ton Avenue, Minneapolis, MN 55401 Patrick Smith, Execurive Director, Snelling-Hamliue Community Council 1684 Selby Avenue, St. Paul, NAV 55104 AA-ADA-EEO Employer STATE OF MINNESO�' � i, � ss. COUNTY OF RAMSEX ) 06 -/fl�� A�`TIDAVIT OF 3� _ VICE BY U.S. MAII. NLIE KRAUS, being first duly sworn, deposes and says that on October 4, 2006, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thezeof in an envelope addressed as follows: Ownez/Manager Days Inn Midway 1964 University Avenue West St. Paul, MN 55104 Michael Berg 108 Washington Avenue Miiuieapolis, MN 55401 Patrick Smith, Executive Director Snelling-Hamline Community Council 1684 Selby Avenue St. Paul, MN 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. . Julie Kraus Subscribed and sworn to before me this 4`� day of October, 2006 � .%�.l�v /'�r - .�� No ary Public RITA M. BOSSARD 1�f7fARY PtAt]C-►�tFSOTA MY C6MN6SSION � �'�?rM�; �PIRES.IAU.3�,201Q , -a.= �. ,. ..? �r"�>vrux>`.ze '^;d��'-.i �� /��f� Days Inu Midway 1964 University Avenue West St Paul, MN 55104 October 12, 2006 Office of the C�tp Attarney Attn: lohn i Choi, City AtYOrney Rachel Gunderson, Assistant City Attomey c� �on aoo c;�y xau 15 West Kellogg Blvd SL Paul, MN 55102 �� .� � � Z�GO �� Re: NOTICE OF VIOLATION 1 bv EM-TY Corooration tUb1a Davs Inu Midwav for the nremises located at 1964 IIniversitv Avemie West. St Panl, ASN 55104 - License ID#0016653 Dear Mzs(s) Rachael Gunderson: Upon received NOTTCE OF VIOLATION on October 7, 2006, We, Days Inn Midway, d/b/a Tracks for the premises located at the above mentioned address, unmediatety response to your NOTICE OF VIOLATION. I, Dao Aoang, presently is the manager far the above mentioned establishment, cieeply regret for the event occnrred on September 19, 2006, an alcohol compliance check was condncted by the St. Paut Police Department (CN#66194681), resulted the alleged violation of Minn. Stat. Seclion 340A.503 and St. Paul Izgislative Code Sectian 409.26(b)(3). Nonetheless„I hereby, request. for a public heacing before the: St: $aul. Ciiy Council. After reviewed our secnrity camera, intetviewed. tlie bartender, and upon receiped of the statement made by the officer stated in the Notice of �olation, furthermore, given the track record of our establisl�ment and the past three year plus of Uris particular bartender, my employee have done whaC"he was told to do in the evem of "ID" a potemial under age drinker. My employee clearly had made an inuocent and honest mistake in the math. On the tape, I could clearly hear my employee stated to the customer "... Just tutnect twenty one hu6t�ht!..." I do not deeming the seriousness nature of the compliance check of the o�cer's duty nor my employee's action, rather, given our track recard being that this is the first time my employee have committed to an honest mistake rather than intentionally to break the law, T hereby request for a fiill hearing with the Ciry Council to have an opporpmity to appear befoxe the Council and make a statement on my behalf. Unless upon fiu�ther review this matter, I would like to request to the City Attomey, if possible to amend the resolution. Both my empIoyee and I would be greatly appreciaYed. Please accept our utmost humble thanks for your services and 'assistances in ttris important matter. SincerelY, _' ��.�.��, Dao Hoang Manager l� Tracks r - . . , .. . Days Inn Miciway. . �.-_ . ; , ; - �,. . . . .... . ..:..� ..�-:., . . . .. , ... , . . . , _._ , _ , - . _. - , . . , : .�..,.r.;= ... ,._.. <�... ��.�: -.�� Cc-: . Chris6ue Rozek, Deputy Airector - L7EP . �; Michael Bezg, 108 Washington Avenue, Mimieapolis; MN 5540P Patrick Smith, Executive Director, Snailing-FIamline Community Council 1684 Selby Avenue, 5t, 5t Paul, MI�T 55104