06-423Council File # ��o - y�3
Green Sheet # 3 Q 3b _3 51
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
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WIIEREAS, adverse acrion was iniriated against all licenses held by Vone X. Moua and Mee Lee
Moua, d/b/a Malina's Sports Bar & Grill (License ID#010002326) for the premises located at 691 Dale
Street North in Saint Paul by Norice of Violarion dated October 25, 2004 alleging a failure to take
reasonable and adequate steps to prevent persons from leaving the licensed premises with alcohol on July
4, 2004; and
WHEREAS, the matter was heazd before Administrarive Law Judge Allan Klein on December 2,
2004; and
WHEREAS, the Report of the ALJ issued on January 4, 2005 found that while it was clear that a
patron walked out of the establishment with alcohol, the City had not proved that the establishment did
not take reasonable and adequate steps to prevent such action in putting two bouncers at each door; and
WHEREAS, the ALJ Report recommended that no adverse action be taken against the
establishment in connection with the incident other than noting it in the event of future violafions; and
WHEREAS, there have been no similar violarions at the establishment in the time elapsed since
the hearing and the present; now, therefore be it
RESOLVED, that no adverse acrion be taken against the licenses held by Vone X. Moua and Mee
Lee Moua, d/b/a Malina's Sports Bar & Grill (License ID#010002326) for the premises located at 691
Dale Street North in Saint Paul from the incident on July 4, 2004.
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.
AdoptedbyCouncil: Date lf!� 3 i Gi�L`���
Adoption Certified by Council Secretffi
BY � l�J��Ii
Approved by Mayo - at S'/— ��o
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Requested by Departrnentof
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Fortn Approved by
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Form Appro by
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Submission to Council
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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�p — ticense/Inspec6on/EnvironPiox
Contaet Person 8 Pfione:
Vrginia D. Palmer
266-8710
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Assign
Number
For
Routing
Order
Totai # of SignaW re Pages _(Clip Ail Loeations for Signature)
Green Sheet NO: 3030351
Departrnefk Sent To Person
0 i s �o nviron Pro
1 icenseltns fiodEnvironYro De entDirector
2 ' Attom
3 or's Office Ma orlAssistant
4 ouocil
5 i G7erk Gti Clerk
Action Requested:
Approval of the attached resolution recommending that no further adverse action be taken against all licenses held by Vone X. Moua
and Mee Lee Moua, d/b/a Malina's Sports Baz & C,rill (License ID#010002326) for the premises located at 691 Dale Street North in
Saint Paul.
dations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Service Contracts Must Answer the Following Questions:
1. Has this persoNfirtn ever worked under a contrac[ for this department?
Yes No
2. Has this personffirm ever been a city empioyee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current 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):
An Admiuistrative Hearing was held on December 2, 2004. The ALJ recommended no adverse action and LIEP's attorney did not file
exceptions. Licensee has waived the public hearing.
AdvantaaeslfAoproved:
Matter can be closed without a public hearing.
DisadvantageslfApproved:
None.
Disadvanta�aes If Not Approved:
'otal Amount of
Transaction:
Fundin5� Source:
Financial Infortnation:
(Explain)
CostlRevenue Budgeted:
Activiri Number.
��, erY�n i`°n�+�,'i
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January 4, 2005
STATE OF MINNESOTA
OFFICE OF ADMIN7STRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
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Don Luna, City Clerk
170 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
RE: In the Matter of all Licenses Held by Vone X. Moua and Mee Lee Moua,
d/b/a Malina's Sports Bar & Grill for the Premises Located at 691 North
Dale Street in Saint Paui; License ID No. 20010002326;
OAH Docket No. 6-6020-16287-6
Dear Mr. Luna:
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions, Recommendation and Memorandum in the
above-entitled matter. Also enelosed is the o�cial record, with the exception of the tape
recording of the hearing, a copy of which will be sent to you under separate cover. Our
file in this matter is now being closed.
Sincerely,
�..i )�'- �� �
. �
ALLAN W. KLEIN
Administrative Law Judge
AWK:cr
Encl.
cc: Virginia D. Palmer
Vone X. Moua and Mee Lee Moua
Telephone: 612/341-7609
Providing Impartial Hearing for Govemment and Citizens
An Equal Opportunity Employer
Administrative Law Section & Administrative Services (612) 341-7600 • TTY No. (612) 341-7346 • Fax No. (612) 349-2665
�� o� -���
OAH DOCKET NO. 6-6020-16287-6
STATE �F �Ni�v�vESOT ;
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
In the Matter of all Licenses Held by Vone
X. Moua and Mee Lee Moua, d/b/a
Malina's Sports Bar & Grill for the
Premises Located at 691 North Dale
Street in Saint Paul; License ID No.
20010002326 ,
FiND1NGS OF FACT, CONCLUSIONS,
RECOMMENDATION and
MEMORANDUM
The above-entitled matter came on for hearing before Allan W. Klein, Hearing
Officer, on December 2, 2004, in the Saint Paul City Hail. The hearing took less than
half a day, and the record closed on December 2.
Virginia D. Palmer, Assistant Saint Paul City Attorney, 400 City Hall, 15 West
Keiiogg Boufevard, Saint Paul, MIV 55102 appeared on behalf of the O�ce of License,
Inspections and Environmental Protection.
Vone X. Moua and Mee Lee Moua appeared on their own behalf, without benefit
of counsel.
NOTICE
This report is a recommendation, not a final decision. The Saint Paul City
Gouncil will make the final decision after a review of the record. The City Council may
adopt, reject, or modify the Findings of Fact, Conclusions, and Recommendation herein.
Under Section 310.05(c-1) of the City's Legislative Code, the City Council will provide
Malina's an opportunity to present oral or written argument to it before it takes final
action. Malina's should contact the Saint Paul City Clerk to ascertain the procedure for
presenting argument to the Council.
STATEMENT OFISSUE
Shouid disciplinary action be taken against the Moua's licenses because they
failed to take reasonable and adequate steps to prevent persons from leaving the
premises with an alcoholic beverage?
Based upon ail the proceedings herein, the Administrative Law Judge makes the
following:
� OG '�F�3
FINDINGS OF FACT
1. Malina's Sports Bar & Grill is located at 691 North Dale Street, between
Van Buren and Minnehaha. It is on the west side of Dale Sfreet, south of Minnehaha
and north of Van Buren. '
2. There are two doors into and out of the bar. Both face onto Dale Street.
The main door is on the north end of the building, facing Dale Street, while the
secondary door is on the soufh end of the building, also facing Dale Sfreet. A person
driving south on Dale Street in an automobile would be coming downhill from an
overpass as they would approach the comer (which has a stop light) of Minnehaha and
Dale. Malina's is on the soutFiwest corner of that intersection, and persons using the
doors of Malina's are very visible to cars traveling south on Dale Street.
3. Early on the moming of Sunday, July 4, 2004, Saint Paul Police Officers
Robert Vetsch and Thomas Tanghe were proceeding south on Dale Street when they
observed roughly 15 people congregated around the south door of Malina's. These
people appeared to have jus# come out of Malina's, as more were still coming out of the
south door. The officers observed one person coming out of the south door was
carrying a bottle. They pulled over and parked along Dale Street and got out of the
squad car. They determined that the individual carrying the bottle was Ger Ner, who
lives in Minneapolis. They told Ner that it was a violation of a city ordinance to be
consuming alcohol on the sidewalk. Ner replied that he didn't know he was not suppose
to do that. They told him to return the beer bottle to one of the two bouncers who were
just inside the south door. Then one of them (O�cer Vetsch) walked up to the bouncer
and reminded him that he could not let alcoholic beverages leave the bar. The bouncer
acknowledged that. The officers decided just to give Ner a warning, but they decided to
write an incident report for the bar and forwarded it to the Department of Licenses,
Inspections and Environmental Protection. A report was written that night, and is in the
record as Exhibit 2.
4. The report ended up on the desk of Christine Rozek, the Deputy Director
of LIEP. She reviewed Malina's computerized record. She learned that Malina's holds
an on-sale-two a.m. closing-Sunday liquor license, as weli as various entertainment and
restaurant licenses.� Rozek also looked for a history of police calls and a pattern of
violafions, but found no prior violations. She determined that Malina's was not a
"problem estabiishment."
5. Rozek was aware that the location at 691 North Dale had been a problem
in the past, when it was under different ownership. It had previously been known as the
"Bourbon Bar," which was described as a"blight on the neighborhood." Under the prior
ownership, the Bourbon Bar had a history of fights and catered primarily to a motorcycle
crowd that was not well liked by many of the neighbors. When Moua was seeking to
' Exnibit 1.
Z This description came from Tait Danieison, the lead community organizer for District 7.
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buy the bar, he met with the District 7 Planning Council, and agreed to a lot of special
condifions which they requested prior to recommending his licensure. Tait Danieison,
the lead community organizer, stated thaf the bar was now a reai benefit to the
neighborhood, it had become a community meeting spot, and that Moua had dealt weli
with his neighbors. He said the Planning Council was "very grateful" for what Moua had
done to improve Malina's.
6. Moua and his wife are both licensed social workers, and they maintain a
private practice in offices located above the bar. They have assisted numerous Hmong
(and other nationality) new arrivals in adjusting to their new surroundings in the city.
7. Rozek decided to refer the July 4 incident to the City Attorney's offce. On
October 25, 2004, the City Attorney's office issued a Notice of Violation, indicating that
LEIP had recommended adverse action against the licenses and a$500 fine. The
Notice contained the following language:
On July 4, 2004 at approximately 1:30 a.m. officess were on tour neas the
area of Malina's Sports Bar when they observed a crowd of about 15
people on the sidewalk, one of whom was holding a bottle of beer.
Officers spoke to the individual, who admitted that he had purchased the
beer inside the bar and had walked outside with it. Despite the presence
of bouncers at the door, nobody attempted to stop him from leaving with
the beer. Saint Paul Legislative Code § 409.08 (15) states that "each on-
sale licensee shall have the responsibility of taking reasonable and
adequate steps to prevent persons from leaving the license premises with
a bottle, can or glass containing any alcoholic beverage, and the failure to
do so may subject such licensee to adverse action against his or her
license."
8. On October 29, 2004, Vone Moua submitted a letter to the City Attorney
requesting a hearing. On November 12, 2004, a Notice of Administrative Hearing was
issued, setting the hearing for December 2. The hearing did go forward on December
2, and lasted for half a day.
9. The weekend ciosest to July 4 is the time of the Hmong Soccer
Tournament in Saint Paul. This tournament draws "thousands and thousands" of
people from around the country. The tournament is held in Como Park, and Malina's
Sports Bar is a focus of activity for the event. Vone Moua expected a large crowd that
weekend, and prepared for it by hiring extra bouncers and taking other steps in an
attempt to maximize the safety of his patrons. The Saint Paul Police Department was
also aware of the event, and directed officers to pay particular attention to five or six
Hmong-oriented bars in the City. Officers Vetsch and Tanghe had been directed to pay
3 F�chibit 3.
' Exhibit 4.
5 Exhibit 5.
6 Testimony of Tait Danielson.
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particular attention fo Malina's because of the large number of people expecfed fo be
there.
10. Officers Tanghe and Vetsch did, in fact, pay pasticular atEention to Malina's
that weekend. They wenf by it several times on Friday July 2, Saturday July 3, and
Sunday July 4. They stopped at least once on July 2 and at least once on July 3 to deal
with various matfers, but wrofe no tickets and made no arrests. But the bar was very
busy during that period and there were many, many people there.
11. In preparation for the crowds expected for the soccer tournament, Moua
hired extra bouncers. At the time of the incident eariy in the morning of July 4, he had
two bouncers at the south door and two bouncers at the north door. At each door, the
two bouncers were facing each other. lt was a warm night, and there was no reason for
anyone to be wearing a bulky jacket or other clothing that would allow them to hide a
bottle. When Officers Vetsch and Tanghe saw Ner walk out with a bottle in his hand,
they decided that the bouncers must have knowingly let him go out and failed to stop
him. That is why they wrote up the report.
Based upon the foregoing Findings, the Administrative Law Judge makes the
following:
CONCLUSIONS
1. The City Council of the City of Saint Paul and the Administrative Law
Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and § 310.05 of
the City's Legislative Code.
2. The City is given proper Notice of the Hearing in this matter, and has
fulfilled all relevant substantive and procedural requirements of law and rule.
3. Minn. Stat. § 409.08 (15) of the City's Legislative Code provides that "each
on-sale licensee shall have the responsibility of taking reasonable and adequate steps
to prevent persons from leaving the licensed premises with a bottle, can or glass
containing any alcoholic beverage...."
4. Putting two bouncers at each door constitutes "reasonable and adequate
steps" to prevent alcoholic beverages from being taken out of the establishment. The
incident with Ger Ner was an isolated one, and it is insufficient to demonstrate that
Moua failed to take "reasonable and adequate steps." He did not violate the Legislative
Code.
Based upon the foregoing Conclusions, the Hearing Officer makes the foliowing:
RECOMMENDATION
IT IS RESPECTFULLY RECOMMENDED: That the Saint Paul City Councii not
take any adverse action against the licenses held by Vone X. Moua and Mee Lee Moua
G� � - �f�'.3
d/b/a Malina's Sports Bar & Griil in connecfion with fhis incident, but that the incident be
recorded for use in any future proceedings conceming similar violations.
-/'�
Dated this �day of January, 2005
Reported: Taped
No transcript prepared
l�J�� V v �
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ALLAN W. KLEIN
Administrative Law Judge
MEMORANDUM
The evidence cleariy supports the aliegation that a patron did walk out of
Malina's carrying a bottle of beer early in the morning of July 4. The incident did occur.
But what the Code requires is that the Licensee take "reasonable and adequate steps"
to prevent that from happening. The question of whether or not the Licensee has
violated the Code focuses on whether or not the Licensee took "reasonable and
adequate steps." Under the circumstances of the Hmong Soccer Tournament and the
large crowds that were at Malina's that weekend, the fact that there was only this one
incident is remarkable. As Tait Danielson put it, "We [District 7 Planning Council Staff]
were very pleased that this was all that happened. We say `Bravo!"'
Based on all of the facts, the Administrative Law Judge does not believe that the
Mouas failed to take reasonable and adequate steps to prevent the incident firom
occurring, and thus, no discipline is warranted.
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