06-116Council File # � � �'
Green Sheet # 3�a q 3 9a
RESOLUTION
CITY OF SAIN� PAUL, MINNESOTA 2�v
PRESE\TED $Y
REF'ERRED TO
CONIMITTEE: DATE
i WHEREAS, adverse action was initiated against all licenses held by Town House
2 Country, Inc., dlbia Town House (License ID# 0077104) for the premises located at 1415
a University Avenue West in Saint Paul, by Notice of Violation, alleging the licensee sold alcohol
4 to two underage persons on December 22, 2005; and
s WHEREAS, the Office of License, Inspections and Environmental Protection has
v recommended a$500.00 fine; and
s
s WHEREAS, the licensee has not contested the allegations; now, therefore be it
io
u RESOLVED, that Town Country Inc., d/b/a Town House is hereby ordered to pay a fine
iz in the amount of $�00.00 for the violation of sale of alcohol to two underage persons on
is December 22, 2005. Payment of fine shall be made within thirty days of the date of the adoption
i4 of this resolution.
is
is This Resolution, and the action taken above, are based upon the facts contained in the
iv December 29, 2005, Notice of Violation sent to the licensee and the arguments made at the
i8 Public Hearing on February 1, 2006.
Requested by Department o£:
B �,�..u.�. A �
Form approved by City Attorney
By:
Adoption Certified by Council Secretary `�
Appr� e y`�Ma f Submission to Cocncil
$Y � /� � !!l l�L�
Approved by Date 3 O� By:
By:
Adopted by Council: Date �jJ�
o (�-11�
' � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
LP Licenselfnspection/Environ Prot
Contad Person & Phone:
Rachel Gunderson _
266-8710
Must Be on Council Agenda by (Date):
� . �. � ( '
92JAN-O6
�
Assign
Number
For
Routing
Order
Green Sheet NO: 3029392
0 icen ns ection/Environ Pro
1 i eoseltns eMion/EnvironPro De artmentDireMOr
2 i mev
3 a or•s ffic Ma odAssistant
4 ouncil
5 i Clerk Ci Cler
Total # of Signature Pages _(Clip All Locations for Signature)
Approval of the attached resolution to take adverse acrion agaiast all licenses held by Town Counhy, Inc., d/b/a Town House
(License ID#0077104) for the premises located at 1415 University Avenue West in Saint Paul.
itlations: Approve (A) or Reject
Planning Commission
CIB Committee
Civil Service Commission
I Servite
Questions:
1. Has this person/firm everworked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessetl by any
current city employee? �
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On December 22, 2005, the licensee sold alcohol to two underage petsons.
Advantages If Approved:
$500 fine imposed as recommended by the Office of LIEP.
Disadvantapes If Approved:
None.
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Pinancial Information:
(Euplain)
CostlRevenue Budgeted:
Activity Number:
OI �11.
OFFICE OF THE CITY ATTORNEY
John Choi, Ciry�fttorney
CITY OF SAINT PAUL c�ID�v�s�o,�
ChristopherB. Coleman, Mayor 400 City ffaII Telephone: 6i1266-8770
IS LYest KelloggB[vd. Facsimile,- 651298-5619
Saint P¢u1, Minnesot¢ 55102
�r�
7anuary 17, 2006
NOTICE OF COUNCIL HEARING �
Hollis Monnett, Owner
Town House
1415 University Avenue West
St. Paui, MN 55104
RE: All licenses held by Town Aouse Country, Inc, d/6/a Town House for the premises located at
1415 University Avenue in Saint Paul
License ID #0077104
Dear SirlMadam:
Please take norice that this matter has been set on the Public Hearing Agenda for the City Council meeting
scheduled for 5:30 p.m., Wednesday, February 1, 2006, in the City Council Chambers, Third Floor, Saint Paul City
Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolufion and other documents which will be presented to the City Council for
their consideratiori. This is an uncontested matter concerning the fact the your establishment sold alcohol to two
underage persons on December 22, 2005. This matter has been placed on the public hearing agenda portion of the City
Council meefing, during which public discussion is allowed. The recommendarion of the licensing office a$500.00 fine.
If you have any questions please feel free to contact me at 266-8710.
Very truly yours,
��
Rachel Gunde o
Assistant City Attomey
cc: Christine Rozek, Deputy Darector of LIEP
Mary Brickson, Assistant Council Secretary, 310 City Hall
AA-ADA-EEO Employer
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Date:
Violation:
Date of Violation:
Town House
o �- ���
1415 University Avenue West, St. Paul, MN 55104
Wednesday, February 1, 2006 @ 5:30 p.m.
Licensee sold alcohol to two underage persons
December 22, 2005
Recommendation of Assistant City Attorney on behalf of client, Office of
License, Inspections and Environmental Protection:
$500.00 Fine
Attachments:
Proposed resolution.
2. Copy of Police CN #05270739 dated 12122/O5.
3. Copy of Liquor Compliance Check Sheet dated 12/22/O5.
4. Copy of Notice of Violation dated 12/29/OS with Affidavit of
Service.
5. Copy of letter from licensee dated 1/4/06 requesting a public
hearing.
6. Copy of Minn. Stat. §340A.503.
7. Copy of Saint Paul Legislative Code §402.26 (b) (3).
, �' Saint Paul Police Departm�,t� Pase 4°`4
� ORIGWAL OFFENSE /�i'iVCIDENT REPORT �� �}�
Complaint Number Reference CN � pL ���� � � Date and Tme of Report
i
05270739 �at_a �'rivacy Res�ricti�,ns �i�p±y� 1Z22/20Q5 21:40:00
Primaryoflense: �YIIIITtE'SOfB ji3:tifE j 3.gL
L4QUOR LAW-FURNISHWG LIQUOR TO A MINOR
PUBLIC NARRATNE
During Liquor compiiance checks, two minors were served iiquor at 14� 5 University, Townhouse.
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WHAT DID THEY TRY TO PURCBASE?
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l OFFIC�.F THE CITY ATTORNEY
ManuelJ. Cervantes; CityAttorrzey
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
civitDivision
400 Ciry HaII
I S West Kellogg Blvd.
SaintPauZ,Minnesata SSZ02
Telephone: 651266-8710
Facsimile: 657 298-5679
NOTICE OF VIOLATION
December 29, 2005
OwnerlManager
Town House
1415 UniversityAvenue West
St. Paul, MN 55104
RE: All licenses held by Town House Counhy, Inc. d/b/a Town House for the premises located at
1415 University Avenue in Saint Paul
License ID #:0077104
Dear SirJMadam:
The Office of License, Inspections and Environmental Protection will recommend that adverse action be taken
against all your licenses based on the following information:
On December 22, 2005, an alcohol compliance check was conducted at the Town House for
the premises located at 1415 University Avenue West in Saint Paul. On that date, two
underage persons entered the premises. They sat at the bar and the bartender asked for
thei'r ID's. He checked the ID's front and back said "sorry I'm a little slow tonight" and
returned the ID's to them. He then poured two Miller Lites into glasses from the tap, took
the $20.00 and gave them back change. Sale of alcohol to an underage person is a violabion
of Minn. Stat. §340A.503 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
office will recommend a$500 fine.
At this time, you ha�e three opfions on how to proceed:
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 % Fourth Street East, Suite 200, St. Paul,
Mi�uesota 55101-1002 no later than Monday, January 4, 2006. Information should be directed to the
attention of Cbristine Rozek. A self-addtessed envelope is enclosed for your convenience. Payment of
the fine will be considered to be a waiver of the hearing to which you aze enfitled.
AA-ADA-EEO Employer
Town House
� December 29, 2005
Page 2
��
�
��
2. If you 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 facts requesting a public hearing. We will need to receive your letter by
Monday, January 9, 2006. The matter will then be scheduled before the City Council far a public
hearing to determine whether to impose the fine. You will have an opporti.tuity to appear before the
Council and make a statement on your own behalf:
If you dispute t12e above facts, you can request a hearing 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 Council will ultimately decide the case. If this is your choice,
please advise me no later than Monday, January 9, 2006, and I will take the necessary steps to schedule
the administrative hearing.
If you have not contacted me by that date, I wili assume that you are not contesting the imposition
of the fine.
If you have questions about these options, please feei free to contact me at 266-8710.
Sincerely,
�GU�I�i
Rachel Gunder on
Assistant City Attorney
cc: Christine Rozek, Deputy Director - LIEP
Bany Schmit, 3124 - 44�' Avenue South, Minneapolis, MN 55406
Jun-Li Wang, Community Organizer, Hamline Midway Coalifion
1564 Lafond Avenue, St. Paul, MN 55104-1832
AA-ADA-EEO Employer
bl�-»�
January 4, 2006
Racfief Gunderson
Assistant City Attomey
15 West Keilogg Blvd.
St. Paui, MN 55� 02
RE: Alcohol compiiance check at The Town House Bar
���'��,=�?i�i 3
�,€'s,�
JAA!3}�, .
The purpose of this letter is to inform you that we wish to appear before the City Council
to discuss our vioiation.
We feel that our bartender made an error calculating the individual's age when checking the
identification and we hope that this explanation, aiong with our record, will lessen or eliminate
any fines to us.
My entire staff is very conc+enensious about these matters any any others that pertain to
ary ordinances and laws.
Sin rely, g
Hoflis Monnett, �._---`
cc : Christine Rozek, LiEP
Jun-Li Wang
'Minnesota Statutes 2005, 340A.503
Page 1 of 3
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'�f � �r��� Legisiature Home � Links ta the Vlorfd f HefP ( A[
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� � C��e ��t� R��isQr af>Statc�es
Hause � S2naEe y Soinf DepartmenYs and Commissions } 8ili Seerch and Sfa4us � StaEutes, Lar✓s, and Rutss
Minnesota Statutes 2005, 340A.503
Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
Minnesota Statutes 2005, Tabie of Cna ters
Table of contents ior Chapter 34QA
340A.503 Persons under 21; illegal acts.
Subdivision 1. Consumption. (a) It is unlawful for
any:
(1) retail intoxicating liquor or 3.2 percent malt liquor
licensee, municipal liquor store, or bottle club permit holder
under section 34QA.414, to permit any person under the age of 21
years to drink alcoholic beverages on the licensed premises or
within the municipal liquor store; or
(2) person under the age of 21 years to consume any
alcoholic beverages. If proven by a preponderance of the
evidence, it is an affirmative defense to a violation af this
clause that the defendant consumed the alcoholic beverage in the
household of the defendant`s parent or guardian and with the
consent of the parent or guardian.
(b) An offense under paragraph (a), clause (2), may be
prosecuted either in the jurisdiction where consumption occurs
or the jurisdiction where evidence of consumption is observed.
(c) As used in this subdivision, "consume" includes the
ingestion of an alaoholic beverage and the physical condition of
having ingested an alcoholic beverage.
Subd. 2. Purchasing. It is unlawful for any person:
(1) to sell, barter, furnish, or give alcoholic beverages
to a person under 21 years of age;
(2) under the age of 21 years to purchase or attempt to �
purchase any alcoholic beverage unless under the supervision of
a responsible person over the age of 21 for training, education,
or research purposes. Prior notification of the licensing
authority is required unless the supervised alcohol purchase
attempt is for professional xesearch conducted by postsecondary
educational instituCions or state, county, or local health
departments; or
(3) to induce a person under the age of 21 years to
purchase or procure any alcoholic beverage, or to lend or
knowingly permit the use of the person's driver's license,
permit, Minnesota identi£ication card, or other fozm of
identification by a person under the age o£ 21 years for the
http:/hvww.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT CHAP_SEC&yeaz=cu... 1/12/2006
"Minnesota Statutes 2005, 340A.503
purpose"of purchasing or attempting to purchase an alcoholic
beverage.
If proven by a preponderance of the evidence, it shall be
an affirmative defense to a violation of clause (1) that the
defendant �is the parent or guardian of the person under 21 years
of age and that the defendant gave or furnished the alcoholic
beverage to that person solely for consumption in the
defendant�s household_
Subd. 3. possession. It�is unlawful for a person
under the age of 21 years to possess any alcoholic beverage with
the intent to consume it at a place other than the household of
the person's parent or guardian. Possession at a place other
than the household of the parent or guardian creates a
rebuttable presumption of intent to consume it at a place other
than the household of the parent or guardian. This presumption
may be rebutted by a preponderance of the evidence.
Subd. 4. $ntering licensed premises. (aJ It is
unlawful for a person under the age of 21 years to enter an
establishment licensed for the sale of alcoholic beverages or�
any municipal liquor store for the purpose of purchasing or
having served or delivered any alcoholic beverage.
(b) Notwithstanding section 340A.509, no ordinance enacted
by a statutory or home rule charter city may.prohibit a person
18, 19, or 20 years old from entering an establishment licensed
under this chapter to:
(1) perform work for the establishment, incl.uding the
serving of alcoholic beverages, unless otherwise prohibited by
seCtion 340A.412, subdivision 10;
(2) consume meals; and
(3) attend social functions that are held in a portion of
the establishment where liquor is not sold.
Subd. 5. �Misrepresentation of age. It is unlawful
for a person under the age of 21 years to claim to be 21 years
old or older for the purpose of purchasing alcoholic beverages.
Subd. Sa. Attainment of age. With respect to
purchasing, possessing, consuming, selling, furnishing, and
serving alcoholic beverages, a person is not 21 years of age
until 8:00 a.m. on the�day of that person's 21st birthday.
Subd. 6. proof of age; defense; seizure of false
identification. (a) Proof of�age for purchasing or consuming
alcoholic beverages may be established only by one of the
following: -
(1) a valid driver's license or identification card issued
by Minnesota, another state, or a province of Canada, and
including the photograph and date of birth of the licensed
person;
(2) a valid military identification card issued by the
United States Department of Defense; �
Page 2 of 3
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http:/lwww.revisorleg.statemn.usfbinlgetpub.php?pubtype=STAT CHAP SEC&vear=cu... 1J12/2006
Minnesota Statutes 2005, 340A.503
(3) a valid passport issued by the United States; or
(4) in the case of a foreign national, by a valid passport.
(b) In a prosecution under subdivision 2, clause (1), it is
a defense for the defendant to prove by a preponderance of the
evidence that the defendant reasonably and in good faith relied
upon representations o£ proof of age authorized in paragraph (a)
in selling, bartering, furnishing, or giving the alcoholic
beverage.
(c) A�licensed retailer or municipal liquor store may seize
a form of identification listed under paragraph (a) if the
retailer or municipal liquor store has reasonable grounds to
believe that the form of identification has been altered or
falsified or is being used to violate any law. A retailer or
municipal liquor store that seizes a form of identification as
authorized under this paragraph must deliver it to a law
enforcement agency, within 24 hours of seizing it_
Subd. 7. Repealed, 1989 c 351 s 19
HIST: 1985 c 305 art 7 s 3; 1986 c 330 s 6; 1986 c 444; 1987 c
152 art 1 s 1; 1989 c 301 s 13,1§; 1990 c 602 art 5 s 2-4; 1991
c 68 s 1; 1991 c 249 s 20; 1993 c 347 s 21; 1993 c 350 s 13;
1994 c 615 s 21; 1995 c 185 s 7; 1995 c 186 5 67; 1996 c 323 s
4; 1996 c 442 s 24; 1Sp1997 C 2 s 57; 1999 c 202 s 7; 2000 C 472
5 3; 2005 c 131 s 7
Please direct aIl comments concerning issues or legislation
to your House Member or State Sena#or.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
Generai guestions or comments_
Page 3 of 3
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Chapter 409. Intoxicating Liquor*
Page 1 of 1
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Sec. 409.26. Intoxicating liquor; nonintoxicating malt liquor; presumptive penalties.
(a) Purpose. The purpose of this section is to establish a standard by which the city council determines the
fength of ficense suspensions and the propriety oP revocations, and shall appiy to aIl on-sale and off-sale
ticensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter
410. These penalties are presumed to be appropriate for every case; however the council may deviate
therefrom in an individual case where the council finds and determines that there exist substantiat and
compelling reaso�s making it more appropriate to do so. When deviating from these standards, the council
shall provide written reasons that specify wfiy the penalty sefected was more appropriate.
(b) Presumptive pena/ties for violations. Adverse penalties for wnvictio�s or violations sfiall be presumed as
foflows (unless specified, numbers below indicate consecutive days' suspension):
Type of Violation
(1) Commission of a felony related to the licensed activity.
(2) Sale of alcohol beverages while license is under suspension.
(3) Sale of alcoholic beverages to underage person.
(4) Sate of a�coholic beverage fo intoxicated person.
(5) After hours sale of alcoholic beverages.
(6) After hours display or consumption of alcoholic beverage.
(7) Refusal to allow city inspectors or police admission to inspect
premises.
(8) Illegal gambling on premises.
(9) Failure to take reasonable steps to stop person from leaving
premises with afmholic beverage.
(10) Failure to make applicatio� for license renewal prior to license
expiration date.
(11) Sale of intoxicating tiquor where oniy ticense is for
nonintoxicating liquor.
(12) Failure to comply with statutory, and ordinance requirements
for liability insurance.
Appearante
1st 2nd 3rd
Revocation NA NA
Revocation NA
Fine Fine
Fine Fine
Fine 6
Fine 4
5 15
Fine 6
Fne 4
Fine b
Fine 6
4th
NA
NA NA
Up to 1S Revocati
Up to 18 Revocati
18 Revocati
12 Revocati
Revocation NA
18 Revocatf
12 Revocati
18 Revocati
18 Revocati
10 Revocation NA NA
For those violations which occur in on-sale intoxicating Iiquor establishments listed above in numbers (3),
(4), (5), (6), (8), (9), (10) and (il), which would be a first appearance not involving multiple violations, a
fine shall be imposed according to the following schedule. For those violations which occur in on-sale
intoxicating liquor estabiishments listed above in numbers (3) and (4), which would be a second appearance
not involving multiple violations, the fine amounts set forth below shall be doubled.
Seating capacity 0--249 . . . . $ 500.00
Seating capacity 150 and over .... 1,000.00
For those violations which occur in off-sale intoxicating liquor establishments listed above in numbers (3),
(4), (5), (6), (8), (9), (SO) and (11), which wouid be a first appearance not invoiving muitiple violations, a
fine shall be imposed according to the foilowing schedule, based on the square footage of the retaii area of
the establishment. For those violations which occur in off-sale intoxicating liquor establishments listed above
in numbers (3) and (4), which would be a second appearance not involving muitiple violations, the fine
amounts set forth below shall be doubled.
S,d00 square feet or less ....$ 500.00
5,001 square feet or more .... 1,000.00
A Iicensee who would be making a first appearance before the touncil may elect to pay the fine to the Office
of License, Inspections and Environmental Protection without an appearance before the council, unless the
notice of violation has indicated that a hearing is required because of circumstances which may warrant
deviation from the presumptive penatty. Payment of the recommended fine wilf be considered to be a waiver
of the hearing to which the ficensee is enYitled, and shall be considered an "appearance" for the purpose of
determining presumptive pena{ties for subsequent violations.
http://wwwstpaul.gov/codel1c409.htm1 � /7 2�2��fi
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STATE OF NIINNESOTA )
) ss.
COiTNTY OF RAMSEY )
AFI�IDAVIT OF SERVICE BY U.S. NTAIL
MEGFIAN McGIVERN, being first duly sworn, deposes and says that on December 29,
2005, she served the attached NOTICE OF VIOLATION by placing hue and coirect copies thereof
in envelopes addressed as follows:
Owner/Manager
Town House
1415 University Avenue West
St. Paul, MN 55104
Bany Schznit
3124 - 44�' Avenue South
Minneapolis, MN 55406
Jun-Li Wang, Community Organizer
Hamline Midway Coaiition
1564 Lafond Avenue
St. Paul, MN 55104-1832
(which aze the last Imown addresses of said persons) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
t1t � �sLl1L . r� � � ' �
_!
MEGFIAN McGIVERN
Subscribed and sworn to before me
this 29th day of December, 2005.
� /d/ - �i'
Notary Public
RITA IiA, gpggqRp
NDTARY PUgI�. MIPA�ESOTA
MY COMMISSION
EXPIRES JAN. 31, 20 1 0