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06-421Council File tt aL -�a i Green SLeet #�� CITY OF Presented By 1 WHEREAS, Fred R. Sande d/b/a Cosmic Chazlie's (License ID#200000000717) located 2 at 189 Snelling Ave. N. in Saint Paul received a Notice of Violation dated February 13, 2006, for 3 display and consumption of alcoholic beverages in an establishment without the required license 4 on October 30, 2005 ; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, a hearing was held before an Administrative Law Judge on March 16, 2006, and a Report was issued on Mazch 31, 2006, in which the Administrative Law Judge found that there was sufficient proof of the violation of display and consumption of alcohol; and WHEREAS, the ALJ also found that adverse action is appropriate; now, therefore be it RESOLVED, that a fine of $500.00 is imposed against all licenses held by Fred R. Sande d/b/a Cosmic Charlie's; and be at FURTHBR RESOLVED that the $500.00 fine be paid within 30 days of the passage and approval of this resolution; and be it FURTHER RESOLVED, that the Findings of Fact, Conclusions of Law and Recommendation of the ALJ in this matter are hereby adopted as the Findings and Conclusions of the City Council in this matter. A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the license holder. Requested by ➢epartment of� v AdoptedbyCouncil� Date ///�/�..�1, ��.�c Adoption Cerhfied by Coimcil Secre BY� // //-✓//i_i / �Jii4G�2.. Approved b May . Da � ��"�`� BY ���� � RESOLUTION PAUL, MINNESOTA �z G _� Forr By: Fom By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � /tif ,R/_ _ �./ l i v� vv. -,�� DeparfinerM/office/council: Date Initiated: Lp - �iceasenns�vonrenvuonrrot Zo-�R� Green Sheet NO: 3030470 CoMact Person 8 Phone: ���eM Serrt To Person InitiallDate Rachel Gunderson � 0 'censellns "o miron Pro � Z66$7�0 Assign 1 icenwJlne tio nsironPro De rtmentDirecMr Must Be on Council Agenda by (Date): Number CO N�EAIT 2 roe Fw Rouling 3 a or's Office Ma or/Ass'stant Order 4 00 ' 5 i erk Clerk Total # of SignaWre Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached resolurion memorializing adverse ac[ion taken against all licenses held by Fred R Sande, d/b/a Cosmic Chazlie's for the premises located at 189 Snelling Avenue North in Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Pollowing Questions: Planning Commission 1. Has this person/firtn ever worked under a contred for this department? CIB Committee Yes No . Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does this personffirtn passess a skiil not nortnally possessed by any curzent 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): An Administrarive Hearing was held on March 16, 2006. In her report, the Administrative Law Judge recommended adverse acflon against the licensee. Advantas�es If Approved: Memorialize Council action taken as a resutt of the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation. DisadvantapeslfApproved: � None. APR 2 5 2006 , DisadvaMages If Not Approved: '°'-! Total Amount of �oS�Revenue Budgeted: '� �-�'�°°h ��,�, Transaction: � '*ep Fundinp Source: Activity Number. �n � � ar �Q Financial Infortnation: (Explain) . � �`'��;.:... STATE OF MINNF.SOTA �-v� - ya � OFFICE OF ADMINISTRA'PIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue Soufh Minneapofis, Minnesota 55401-2138 TELEPHONE: (612) 34'I-7600 T7Y: (612) 34'I-7346 _ .�� � &��� March 31, 2006 �,�� �� � %�u� ���� �������� Shari Moore, City Clerk City of Saint Paul 170 City Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 Re: In Re the Licenses held by Fred R. Sande d/b/a Cosmic Charlie's; OAH Docket No. 15-6020-17145-3 Dear Ms. Moore: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above- entitled matter. Aiso enclosed is the official record, with the exception of the tape recording of the hearing. If you would like a copy of the tape, please contact our office in writing or telephone 612-341-7448. Our file in this matter is now being closed. Sincerely, � BEVE Y IVES HEYDIN R G �� Administrative Law Judge BJH:mo Encl. cc: �,�v � �., �� Jimmy Sande Telephone: (612) 341-7606 Providing Impartial Hearings for Govemment and Citizens An Equal Opportunity Employer Administrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlement Division Facsimile: (612) 349-2665 Facsimile: (612) 349-2691 Facsimile: (6�2) 349-2634 ��P"��'� 15-6020-17145-3 STATE OF MINNESOTA OFFICE OF ADMINISTATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In re the Licenses held by Fred R. Sande FINDINGS OF FACT, d/b/a Cosmic Charlie's CONCLUSIONS OF LAW AND RECOMMENDATION This matter was heard by Administrative Law Judge Beveriy Jones Heydinger, on March 16, 2006, in Room 40A, Saint Paul City Hall — Ramsey County Courthouse, 15 West Kellogg Boulevard, Saint Pauf, Minnesota. The hearing was held pursuant to a Notice of Administrative Hearing dated February 28, 2006. Rachel Gunderson, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, Saint Paui, Minnesota, 55102, appeared on behalf of the City's Office of License, Inspections and Environmental Protection (LIEP). Jimmy Sande, 189 North Snelling Avenue, Saint Paul, MN 55104, appeared on behalf of Cosmic Charlie's. The record closed March 16, 2006, at the close of the hearing. There were no additional submissions. NOTICE This report is a recommendation, not a final decision. The Saint Paul City Council wiU make a final decision after a review of the record and may adopt, reject, or modify these Findings of Fact, Conciusions, and Recommendation.� Pursuant to Saint Paul Legislative Code § 310.05 (c-1), the City Council shall not make a finai decision until the parties have had the opportunity to present orai or written arguments to the City Council. Parties should contact Shari Moore, City Clerk, City of Saint Paul, 170 City Hall, 15 W. Kellogg Blvd., Saint Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting arguments. STATEMENT OF THE tSSUE Did the license holder of Cosmic Chariie's allow the display and consumption of alcoholic beverages without ihe required iicenses in violation of Saint Paul Legis{ative Code § 310.06(b)(6)(a) and Minn. Stat. § 340A.414, subd. 1? ' Saint Paul Legislative Code §§ 310.05 (c-1). Dfa-�2�� FINDtNGS OF FACT 1. Fred R. Sande, 1561 Scheffer Avenue, Saint Paul, Minnesota, holds License ID # 20000000717 with the City of Saint Paul to operate Cosmic Charlie's restaurant at 189 Snelling Avenue North, Saint Paul, Minnesota. 2. Cosmic Charlie's is owned by Fred R. Sande and two of his sons. His son Jimmy Sande is an ownedmanager. 3. Cosmic Charlie's has a patio seating area in the back of the building. During the summer months, a privacy fence surrounds the patio. At other times, one or two sections of fence might be removed, allowing access between the patio and the courtyard that serves several apartment buildings. The patio contains typical patio-type furniture suitable for a restaurant 4 4. In the early moming hours of October 30, 2005, Cosmic Charlie's was closed. A large number of people were in the patio behind Cosmic Chariie's and in the adjoining courtyard. Between midnight and 2:00 a.m., a person became injured. Jimmy Sande and others took the victim to a couch on the patio area behind Cosmic Charlie's. Sande told people to call for help, then went into the business through the rear entrance to get towels and ice to attend to the victim. At that time, people were in and around the business. 5. Around 2:05 a.m., St. Paul Poiice Officer Zachary Nayman was sent to 189 Snelling Avenue North on a report of an assault. When he arrived, the front entrance of Cosmic Charlie's was closed, but he saw people in the alley leading to the back patio. Ne found fifteen to thirty people in the patio area and courtyard, and saw approximately fifty people inside the business. Most of those present were hoiding plastic cups of beer and appeared to be intoxicated. 6. O�cer Nayman located the victim, who was lying on a couch in the patio area. The victim was semiconscious and appeared to be suffering from head trauma. The victim also appeared to be intoxicated, based on his demeanor and the smell of alcohol.� 7. Officer Nayman could see inside the business, where someone appeared to be acting as a bartender in a makeshift bar area behind the serving counter. People 2 Ex. 2-2. 3 Test. Of Jimmy Sande; Ex. 4-1. ' Test. of J. Sande. 5 Id. 6 Test. of Zachary Nayman; Ex. 1-3. � Id. D����'� inside the business were drinking. Officer Nayman did not see money being exchanged for beer. He asked a woman to go inside and find the owner. 8. At approximately the same time, an emergency medical team and Offtcer Eric Skog arrived on the scene. Officer Skog noticed people with plastic cups of beer leaving the building that housed the business. Some were leaving the business, while others appeared to be {eaving from the ad}'acent apartment buildings. Officer Skog_did not go in the business, but he could see people drinking inside. The crowd on the patio and the people leaving the building were difficult to manage, and most appeared to be intoxicated 9 9. O�cers Skog and Nayman controlled the crowd while the medics prepared to remove the victim. They spoke to several witnesses about the assault while waiting for the owner to appear.' 10. Jimmy Sande came out of the business and identified himself as an employee. His speech was slurred, and he was unsteady on his feet. When asked if the business had a license to serve alcohol, Sande responded that he did not know. The o�cers informed him it was after 2:00 a.m. and told him that everyone had to leave.� � 11. Mr. Sande was cooperative and immediately told everyone to leave.' 12. On February 13, 2006, the St. Paul O�ce of License, Inspections and Environmental Protection sent a Notice of Violation to Cosmic Charlie's stating that Cosmic Chariie's had violated St. Paul Legislative Code 310.06(6)(a) (sic) and Minn. Stat. § 340A.414, subd. 1 by allowing the dispiay and consumption of alcoholic beverages in the estabiishment without the required licenses. The notice indicated that a$500 fine was being recommended. 13. Licensee requested a hearing on the violations pursuant to St. Paul Legislative Code §310.05.� The matter was scheduled for a hearing on March 16, 2006. 14. Cosmic Charlie's has several licenses: a Restaurant {B} license received on March 31, 2003, which allows more than twelve seats; a Cabaret — Class A license 8 Test. of Z. Nayman. 9 Test. ctf Eric Skog. 70 Test. of Z. Nayman and E. Skog. " Ex. 1-3. ' Test. of Z. Nayman and E. Skog. 53 St. Paul Legislative Code § 310.06(b)(6)(a). ' Ex. 4-1. ' Ex. 5-1. 3 o�-�F�� received on November 15, 2000; and a CigarettelTobacco sales license received on March 31, 2000. The expiration date for aIi licenses is March 31, 2006. 15. Kristina Schweinler, LIEP Senior Licensing Inspector, recommended adverse action based on the police report she received regarding the Oetober 30, 2005 incident. The City has a penalty matrix for imposing sanctions for violations of city ordinances. According to the matrix, the presumptive fine for a first offense is $500.' Cosmic Charlie's has no other violations. 16. Any Finding of Fact more properly termed as a Conclusion is hereby adopted as a Conclusion. CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this case.� 2. The Applicant received timely and proper notice of the hearing, and the City has complied with ail relevant substantive and procedural requirements of statute and rule. 3. The City has authority to deny, suspend, or revoke a license and to impose penalties for the violation of applicable statutes and rules? The presumptive penaity for a first violation is a$500 fine?� 4. The City has the burden of proving that the Licensee violated the appiicable provisions of state law and city ordinance by a preponderance of the evidence. 5. No business establishment may allow the consumption or display of alcoholic beverages unless it has an on-sale intoxicating liquor license z2 6. The City proved by a preponderance of the evidence that the Licensee allowed the display and consumption of alcoholic. beverages in a business establishment without the required licenses in violation of St. Paul Legisiative Code 310.06(b)(6)(a) and Minn. Stat. § 340A.414, subd. 1. t6 Test. Of Kristina Schweinier; Senior Inspector, Office of License Inspections and Environmental Protection. Ex.2-2. " St. Paul Legislative Code §310.05(m). '$ Saint Paul Legisiative Code §§ 310.05, 310.06; Minn. Stat. § 340A.414. 19 See Minn. Siat. §§ 14.57 — 14.61; Saint Paul Legislative Code §§ 310.05; 310.06(a), (b)(6)(a). 20 Saint Paul Legislative Code § 310.06. 21 Saint Paul Legislative Code § 310.05(m). � Minn. Stat. § 340A.414, subd. 1. � D(����-i Based on the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED: that the City of Saint Paul impose an appropriate sanction against the �icensee. Dated this3l�� day of March, 2006 BEVE ONES HEY NGE� Admini trative Law Ju e Reported: Tape recorded one tape MEMORANDUM Officers Skog and Nayman testified that it appeared that beer was being consumed within Cosmic Charlie's. As many as fifiy people were seen inside the business, and there was no apparent restriction against people entering from the patio area. An additional fifteen to thirty people were in and around the patio. Many people were drinking beer from plastic cups, and many were intoxicated and unruly. Jimmy Sande testified that consumption occurred inside Cosmic Charlie's only after he opened the business to help someone who had been seriously injured. Sande's account is that the area was full of intoxicated people who wandered in and around the business while he was tending to the injured person. However, he did not produce any witnesses to support his account. Mr. Sande acknowledged that a party was going on in the courtyard and on the outdoor patio which is part of the licensed premises. In addition, he did not dispute the officers' testimony that some of the partygoers entered Cosmic Charlie's when he opened up to get help for the injured person. Although Mr. Sande fully cooperated with the police, there was no evidence that he had tried to remove the partygoers from the premises until directed to do so. Based on the evidence presented, the City has shown by a preponderance of the evidence that Cosmic Charlie's allowed alcohol to be displayed and consumed on the premises in violation of Minn. Stat. § 340A.414, subd. 1 and its licenses. It should be noted that when the emergency arose, Mr. Sande sought emergency help for the injured person and fully cooperated with the officers to clear the area. The City may take this into account in determining the appropriate level of the fine. B.J.H. 5 Q(� -��-� CITY OF SAINT PAUL ChristopherB. Coleman, Mayar Apri16, 2006 Owner/Manager Cosmic Charlie's 189 Snelling Avenue North St. Paul, MN 55104 RE: All licenses held by Fred R. Avenue North in Saint Paul License ID # 20000000717 OFFICE OF THE CITY ATTORNEY ✓ahn Choi, CityAUOmey Civil Division 400 City Hall I S West Kellogg Blvd Saint Paul, Mbeneso7a 55102 NOTICE OF COUNCIL HEARING Telephone: 657 266-87I0 Facsimile: 651298-5619 Sande d/b/a Cosmic Charlie's for premises located at 189 Snelling OAH Docket No. 15-6020-17145-3 Please take notice that a public hearing on the report of the Administrative Law Judge concerning the above-mentioned licenses has been scheduled for Wednesday, Apri119, 2006, at 5:30 p.m. in the City Council Chambets, 1 hird Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azguxnent to the council at the hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the azguments made and exceptions filed, but may depart from the recommendations of such Judge as perxnitted by law in the exercase of its judgment and discretion. Sincerely, ����� � Rachel Gunderson Assistant City Attorney cc: Diane Nardstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, 100 Washington Avenue South, Minneapolis, MN 55401 V�i qary Erickson, Council Secretary Christine Rozek, Deputy Director of LIEP Kris Schweinler, LIEP �r �ie`3�P^h (%�t'`$!' APR 0 7 20�5 AA-ADA-EEO Employer � STA'I`E OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suife 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 TELEPHONE: (612) 341-7600 7TY: (612) 34'I-7346 .� _ _ , .. _ .__... ! ;._- �_ D�-�a-i March 31, 2006 A�'� n3 2GU6 ���� �������� Shari Moore, City Clerk City of Saint Paul 170 City HaII 15 West Kellogg Boulevard Saint Paui, MN 55102 Re: ln Re the Licenses held by Fred R. Sande d/h/a Cosmic Charlie's; OAH Docket No. 15-6020-17145-3 Dear Ms. Moore: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above- Qt?#i#I�r1 m�t#ar �Ige gnringgrl ie thc Offl�lfl� C°C.^,ra �e��±h 4ho �XC° Cf ��� .3�JE recording of the hearing. If you would like a copy of the tape, please contact our office in writing or telephone 612-341-7448. Our file in this matter is now being closed. Sincerely, C �,'�` �l BEVE Y NES HEYDIN R Z �J Administrative Law Judge BJH:mo Encl. cc: R,�:elie� �iG �ers�n Jimmy Sande Telephone: (612) 341-7606 Providing Impartial Hearings for Govemment and Citizens An Equal Opportunity Employer Administrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' ComQensation Settlement Divis+o� Facsimile: (612) 349-2665 Facsimile: (612) 349-2697 Facsimile: (6�2) 349-2634 a�-��-� 15-6020-17145-3 STATE OF MINNESOTA OFFICE OF ADMINISTATIVE NEARINGS FOR THE SAINT PAUL CITY COUNCIL In re the Licenses held by Fred R. Sande FINDINGS OF FACT, d/b/a Cosmic Charlie's CONCLUSIONS OF LAW AND RECOMMENDATION This matter was heard by Administrative Law Judge Beverly Jones Heydinger, on March 16, 2006, in Room 40A, Saint Paui City Hall — Ramsey County Courthouse, 15 West Kellogg Boulevard, Saint Paul, Minnesota. The hearing was held pursuant to a Notice of Administrative Hearing dated February 28, 2006. Rachel Gunderson, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota, 55102, appeared on behalf of the City's Office of License, Inspections and Environmental Protection (LIEP). Jimmy Sande, 189 North Snelling Avenue, Saint Paul, MN 55104, appeared on behalf of Cosmic Charlie's. The record closed March 16, 2006, at the close of the hearing. There were no additional submissions. , NOTICE This report is a recommendation, not a final decision. The Saint Paul City Council will make a final decision after a review of the record and may adopt, reject, or modify these Findings of Fact, Conclusions, and Recommendation.� Pursuant to Saint Paul Legislative Code § 310.05 (c-1), the City Council shall not make a finai decision until the parties have had the opportunity to present oral or written arguments to the City Gouncil. Parties should contact Shari Moore, City Clerk, City of Saint Paul, 170 City Hall, 15 W. Kellogg Bivd., Saint Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting arguments. STATEMENT OF THE 1SSUE Did the license holder of Cosmic Charlie's allow the display and consumption of alcoholic beverages without the required licenses in violation of Saint Paui Legislative Code § 310.06(b)(6)(a) and Minn. Stat. § 340A.414, subd. 1? ' Saint Paul Legislative Code §§ 310.05 (c-1). �� "� �'� FINDINGS OF FACT 1. Fred R. Sande, 1561 Scheffer Avenue, Saint Paul, Minnesota, holds License ID # 20000000717 with the City of Saint Paul to operate Cosmic Charlie's restaurant at 189 Snelling Avenue North, Saint Paul, Minnesota. 2 2. Cosmic Charlie's is owned by Fred R. Sande and two of his sons. His son Jimmy Sande is an owner/manager. 3. Cosmic Charlie's has a patio seating area in the back of the building. During the summer months, a privacy fence surrounds the patio. At other times, one or iwo sections of fence might be removed, allowing access between the patio and the courtyard that serves several apartment buildings. The patio contains typical patio-type furniture suitable for a restaurant 4 4. In the early morning hours of October 30, 2005, Cosmic Charlie's was closed. A large number of people were in the patio behind Cosmic Chariie's and in the adjoining courtyard. Befinieen midnight and 2:00 a.m., a person became injured. Jimmy Sande and others took the victim to a couch on the patio area behind Cosmic Charlie's. Sande told people to cali for help, then went into the business through the rear entrance to get towels and ice to attend to the victim. At that time, people were in and around the business 5 5. Around 2:05 a.m., St. Paul Police Officer Zachary Nayman was sent to 189 Snellina Avenue North on a reoort of an assault. When he arrived. the front entrance of Cosmic Charlie's was closed, but he saw people in the alley leading to the back patio. He found fifteen to thirty people in the patio area and courtyard, and saw approximately fifty people inside the business. Most of those present were holding plastic cups of beer and appeared to be intoxicated. 6. Officer Nayman located the victim, who was lying on a couch in the patio area. The victim was semiconscious and appeared to be suffering from head trauma. The victim also appeared to be intoxicated, based on his demeanoo and the smell of alcohol.� 7. O�cer Nayman could see inside the business, where someone appeared to be acting as a bartender in a makeshift bar area behind the serving counter. People Z F�c. 2-2. 3 Test. Of Jimmy Sande; Ex. 4-1. 4 Test. of J. Sande. S ld. 6 Test. of Zachary Nayman; Fx. 1-3. 7 Id. m ,. D(�-�f�f inside the business were drinking. Officer Nayman did not see money being exchanged for beer. He asked a woman to go inside and find the owner. 8. At approximately the same time, an emergency medicai team and Officer Eric Skog arrived on the scene. Officer Skog noticed people with plastic cups of beer leaving the building that housed the business. Some were feaving the business, while others appeared to be leaving from the adjacent apartment buiidings. Officer Skog did not go in the business, but he could see people drinking inside. The crowd on the patio and the people leaving the building were difficult to manage, and most appeared to be intoxicated. 9. Officers Skog and Nayman controlled the crowd while the medics prepared to remove the victim. They spoke to several witnesses about the assault while waiting for the owner to appear.� � 10. Jimmy Sande came out of the business and identified himself as an employee. His speech was slurred, and he was unsteady on his feet. Whe� asked if the business had a license to serve alcohol, Sande responded that he did not know. The officers informed him it was after 2:00 a.m. and told him that everyone had to leave." 11. Mr. Sande was cooperative and immediately told everyone to leave. 12. On February 13, 2006, the St. Paul Office of License, Inspections and Environmental Protection sent a Notice of Violation to Cosmic Charlie's statina that Cosmic Charlie's had violated St. Paul Legislative Code 310.06(6)(a) (sic) and Minn. Stat. § 340A.414, subd. 1 by allowing the display and consumption of alcoholic beverages in the establishment without the required {icenses. The notice indicated that a$500 fine was being recommended. 13. Licensee requested a hearing on the violations pursuant to St. Paul Legislative Code §310.05. The matter was scheduled for a hearing on March 16, 2006. 14. Cosmic Charlie's has several licenses: a Restaurant (B) license received on March 31, 2003, which allows more than twelve seats; a Cabaret — Class A license $ Test. of Z. Nayman. 9 Test. Qf Eric Skog. 70 Test. of Z. Nayman and E. Skog. " Ex. 1-3. 72 Test. of Z. Nayman and E. Skog. t3 St. Paul Legislative Code § 310.06(b)(6)(a). 74 Ex. 4-1. 75 Ex. 5-1. 3 o�-�f�-� received on November 15, 2000; and a Cigarette/Tobacco sales license received on March 31, 2000. The expiration date for all licenses is March 31, 2006. 15. Kristina Schweinler, LIEP Senior Licensing Inspector, recommended adverse action based on the police report she received regarding the Oetober 30, 2005 incident. The City has a penalty matrix for imposing sanctions for violations of city ordinances. According to the matrix, the presumptive fine for a first offense is $500.� Cosmic Charlie's has no other violations. 16. Any Finding of Fact more properly termed as a Conclusion is hereby adopted as a Conclusion. CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this case. 2. The Applicant received timely and proper notice of the hearing, and the City has complied with all relevant substantive and procedural requirements of statute and rule. 3. The City has authority to deny, suspend, or revoke a license and to impose penalties for the violation of applicable statutes and rules? The presumptive penalty for a first violation is a$500 fine?� nr. Til� C.iij% iia$ t�'ic vui u2i � 6i j�i �Vii �y ii iai ii ic �ii.ci iScc Vi0'8icu ii i�c applicable provisions of state law and city ordinance by a preponderance of the evidence. 5. No business establishment may allow the consumption or display of alcoholic beverages unless it has an on-sale intoxicating liquor license z2 6. The City proved by a preponderance of the evidence that the Licensee allowed the display and consumption of alcoholic beverages in a business establishment without the required ficenses in viofation of St. Pauf Legisfative Code 310.06(b)(6)(a) and Minn. Stat. § 340A.414, subd. 1. 16 Test. Of Kristina Schweinler; Senior Inspector, Office of License Inspections and Environmental Protection. Ex.2-2. "St. Paul Legislative Code §310.05(m). �$ Saint Paul Legislative Code §§ 310.05, 310.06; Minn. Stat. § 340A.414. 19 See Minn. Siat. §§ 14.57 —14.61; Saint Paul Legislative Code §§ 310.05; 310.06(a), (b)(6)(a). 20 Saint Paul Legislative Code § 310.06. Z � Saint Paul Legislative Code § 310.05(m). z2 Minn. Stat. § 340A.414, subd. 1. � d(0��`3"� Sased on the foregoing Conclusions, the Administrative Law Judge makes the follawing: RECOMMENDATION iT IS HEREBY RECOMMENDED: that the City of Saint Paul impose an appropriate sanction against fhe Licensee. Dated thi�Js,� day of March, 2006 `���� % . BEVE QNES HEY NG Admini trative Law Ju e Reported: '�ape recorded one tape MEMORANDUM Officers Skog and Nayman testified that it appeared that beer was being consumed within Cosmic Charlie's. As many as fifty people were seen inside the business, and there was no apparent restriction against peopie entering from the patio area. An additionai fifteen to thirty peopie were in and around the pa4io. Many people were drinking beer from plastic cups, and many were intoxicated and unruly. Jimmy Sande testified that consumption occurred inside Cosmic Chariie's only after he opened the business to help someone who had been seriously injured. Sanae's accounf is tna4 the area was fuii ofi inioxicated peopie who wandered in and around the business while he was tending to the injured person. However, he did not produce any witnesses to support his account. Mr. Sande acknowledged that a party was going on in the courtyard and on fhe outdoor patio which is part of the licensed premises. in addition, he did not dispute the officers' testimony thaf some of the partygoers entered Cosmic Charlie's when he opened up to get help for the injured person. Although Mr. Sande fuily caoperated with the police, there was no evidence that he had tried to remove the partygoers from the premises until directed to do so. Based on the evidence presented, the City has shown by a preponderance of the evidence that Cosmic Chariie's al�owed a�cohoi to be displayed and consumed on fhe premises in violation of Minn. Staf. § 340A.414, subd. 1 and its licenses. )t should be noted that when the emergency arose, Mr. Sande soughf emergency heip for the injured person and fully cooperated with the officers to ciear fhe area. The Cify may fake this into accounf in defermining the appropriate level of the fine. B.J.H.