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06-775AMENDED 8/16/06 RESOLUTION 41NT PAUL,�} Presented by Council File # ��- � 7u�� Green Sheet # _ =�n� /, f —,�� I1 � 2 WIIEREAS, adver � n was taken against a11 the licenses held by Andrew Kappas, Inc, d/b/a 3 Gopher Bar (License ID#0016021) for the premises located at 241— 7�' Street East in Saint Paul, by 4 Notice of Violation dated May i l 2006, alleging licensee allowed patrons to smoke at the establishment on 5 Apri127, 2006 after the smoking ban became effective on Mazch 31, 2006; and 6 7 WHEREAS, The Office of License, Inspections and Environmental Protection has recommended a 8 $500.00 fine; and 9 10 WHEREAS, the licensee has not contested the allegations; now, therefore be it 11 12 RESOLVED that Andrew Kappas, Inc, d(b/a C�opher Baz, is hereby order to pay a fine of $500.00 ** 13 far allowing patrons to smoke at the establishment after the smoking ban became effective on March 31, 14 2006. 15 16 This Resolution, and action taken above, is based upon facts contained in the May 11, 2006, Notice 17 of Violation sent to the licensee and the azguments made at the Public Hearing on August 16, 2006. 18 19 20 ** with $200.00 stayed provided there are no further violations within the ner.t 18 months. Benanav Boshom Harris Adopted by Council: Yeas � Nays � Absent V � ✓ � Requested by Department of: ��Ii . r • J �/ Fortn Approved City Att rney� / � � BY� gL!-E. �ir,.i, D3te l/GJi�� /�i .s��d� Adoption Certified by Council Sec�ktary BY� / / /C///LJ �i/sv!/��.� Approved by M or: Date �¢yr.y{ c�/, a6d /p � �/ BY� !�_/a � J��' Form App�evegl by ayox fo Submis i n to Council BY� ( �� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet 0� - 77 Departrnentloffice/council: Date Inifiated: tP -L;��S��o��;,nn�t z�-.,��-06 Green Sheet NO: 3031555 CoMact Person 8 Phone: vrginia D. Paimer 266-8710 Be on Council Agenda by (Date): t� ��1�0 f ��fJ � Assign Number For Routing Order Ueoartmenx �en[ iorerson p J! tio /Fnvi oo Pro I 1 iceosellns fioWEnvironPro De artmen[Director 2 ih Attnrnev � � 3 avor's O�ce Mavor/Assistant ¢ uocil I 5 iN ('lerk � C5ri Clerk ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached resolution to take adverse action against a11 licenses held by Andrew Kappas, Inc., d/b/a Gopher Bar (License ID#0016021) for the premises located at 241 - 7th Street in Saint Paul. Recommendations: Approve (A) or Planning Commission CIB Committee Civil Service Commission Personal the Following Questions: 1. Has this person/firm ever worked 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 possessed by any current city employee? Yes No Explain all yes answere on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): On April 27, 2006, licensee allowed patrons to smoke at the establishment after the Mazch 31, 2006 smoldng ban was in effect. After notification, licensee requested a public hearing. R�r�J1f�p AdvanWges If Approved: Imposition of $500.00 fine as recommended by the Office of LIEP Disadvantasaes If Approved: None. Disadvantasles If Not Approved: Trensaction: Fundinq Source: Fimncial Information: (E�cplain) CosURevenue Budgeted: Activity Number: il � Re �� ; tG� �` � � p1aop6 �-�i� UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Andrew Kappas, Inc. d/b/a Gopher Bar 241 - 7` Street East, St. Paul, MN 55101 Wednesday, August 16, 2Q06 @ 5:30 p.m. Violation: Allowing patrons to smoke at the establishment after March 31, 2006 smoking ban was in effect in violation of §238.03 of the Saint Paul I.Egislative Code Date of Violation: Apri127, 2006 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. 2. 3. 4. 5. Proposed resolution E-mail from Kristina Schweinler to Christine Rozek dated 513106 Notice of Violation with Affidavit of Service dated 5/11/06 Letter from licensee requesting a public hearing dated 5/18/06 Letter from Assistant City Attorney to licensee's attorney dated 7/20/06 ��, o . e �/=77� From: Kristina Schweinler To: Rozek, Christine Date: 5/3/2006 12:24:09 PM Subject: Gopher On Aprit 27, 06 at 1123P.M. 4 went into the Gopher Bar. l sat at the end of the bar, the bartender a white male long hair pulled back into a pony tail and a baseball cap with a cigarette behind his ear came over with 2 ashtrays wfth cig. butts in them and put them under the counter in front of ine. He then said the kitchen was closed. W e ordered 2 diet cokes and sat and talked. There was a table of approx 8 women, a young couple sitting a couple of stools down from us and 2 men down from them. The bartender went down to clean the grill and a middle age man in a It. blue shirt with kackie pant and some form of identification badge around his neck, receding white hair cut in a buu. He left the middle of the bar and went down to talk to the bartender thaf was cleaning. At that time he lit up a cigarette, he smoked the entire cigarette while he was talking to bartender and then asked where the ash tray was. He ended up putting the cigarette out on the bar floor. At no time did the bartender appear to ask him to put it out or go outside. i did hear one of the women at the table to lock the doors for a cig break and then everyone laughed. ��, � OFFICE vt� TFlE CITY ATTORNEY .Iohn J Choi,Cify�lttarney �� 7, CIT`Y OF St1INT PAiJL Civi7Division CM9stopher B. Coiemme, Mayor � 400 Ciry Hall TeZepFwne: 657 266�710 ISWestKeZZoggBlvd FacsimiZe:651298-5679 Saint Pau� M'mnesota SSIO2 i May I 1, 2006 NO'ITCE OF VIOLATION Owner/Manager Gopher Bar 241 - '7"` Street East St. Pau1, MN 55101 RE: All licenses held by Andrew Kappas, Inc. d/6/a Gopher Bar for the premises located at 241 - 7`" Street East in Saint Paul License ID #: 0016021 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 April 27, 2006, an inspector from the Office of License, Inspectians and Environmental Protection was in your establishment around 11:23 p.m. When she sat down, the bartender came toward her holding fwo (2) ashtrays with cigarette buits in them which he proceeded to put under the counter in front of her. She then noticed a middle aged man with an ID badge around his neck go down to talk to the barfender while he was cleaning the grffi. During the conversation, he lit up a cigarette and smoked the entire cigaretfe then asked where an ash tray was located. He ended up putting the cigarette out on the floor. At no time did the barEender appear to ask him to put it out or go outside. She then heard one of the female patrons at a nearby table make a comment about locldng the doors to take a cigaretfe break and everyone laughed. These incidents are in violation of Saint Paul Legislative Code §238.03 which stafes "Smoking is prohibited in resfaurants, pool halls, bowling cenfers, renfal halls, bingo halls and licensed liquor establishments:' and §238.04 (b) which states "The proprietor or other person in charge of the bar or restaurant shall: ensure that ashtrays; &ghters and matchbooks are not provided in any area where smoldng is prohibited " AA-ADA-EEO Employer Gopher Bar May 11, 2006 Page 2 � ��' 7 7� r� Since these are the firstviolations for allowing patrons to smoke in your establishment and providing ashtrays in your estabIishment afEer the smoldng ban became effective as of March 31, 2006, the licensing office will recommend a $500.00 fine. At this fime, you have three options 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 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, May 22, 2006. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payxnent of the fine will be considered to be a waiver of the heazing to which you are entifled. 2. If you wish to haue a public hearing before the Sairit 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 6y Monday, May 22, 2006. The matter will then be scheduled before the City Council for a public hearing to detennine whether to impose the fine. You will have an opportunity to appear before the Council and make a statement on your own behalf. If you do dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul Cify Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, May 22, 2006, and I will take the necessary steps to schedule the administrative hearing. If 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 quesfions about these options, please feel free to contact me at 266-8710. Sincerely, �� Rachel Gun erson Assistant City Attorney cc: Christine Rozek, Deputy Director - LIEP Gearge Kappas, 2249 Buff'alo Sfreet, White Beaz Lake, MN 55110 Sheila Lynch, Director, CapitolRiver Council/District #17 332 Minnesota Street, Suite W122, St. Pau1, MN 55101-1314 AA-ADA-EEO Employer , (.` !a ��►� �Z-e� Ct,Vi. �tmt1�-e�' �t.�t a� . (�t� C�1� A,f � � �c � 1 ' ��1 a ri l� ��i �k�. � � l wr�l� ol 1 ""C�tiS �'��S C��xtd-v�-�cim DY o�`�.t F.c� i�� ,�+� v�e.l-� �► �. hp� oi l t- �rr� r�,�r�.e.e .� i 4[ s-tu.lc. -� �u.+� 5�i �. -�- �t ��Yx.e_ af�`� �Pcs� �5� � Y'-?�J� � b�-7�� ,0� -�} �oc,�. t� (1a�tc�C d� _ �� „�;; �i �.�-� � � �; � ��.�. ��. ��e�?�` �� a �e v�ot a.ccu�ec��: � -I�e�a asi� � ��#-�. e � �x �— �u� �.c� ot �.sh.�r ►��.-� t� �es �G'�. � � �c�. �� c re,�e �t re, e �� tt.c i?� `�2.vY�. �N�d r2 J�2le�� a� r�o� �� am� xe�pf �. �' ts� �i`� Vak�c,Q. � r ��, YVt�-� �� u`}�i.s �n�0�i u��. �. '�.�t-�an�e�r u�et� e�.e�.��r� � r �o�. �b u �us( �.ec�c �.ot �'�a.�.ea � � ��s o r �t... �o�� C�to�.t� �7 � ou �,t,'Q�YL �. � `�y' i �� vtu._ rf�Y1 t3�',i�'�'�t.i � . �.� ��'� Cfi1'tG° U�{',Y' �D�t.�.� I�VIG�. tt` lS G`��' �t��.- ��- Y' �U�( S-��E_�?� u,alQ��n .� �� a,�k�, -� a� �a�'1 �'�`� � ,�,s� t�c�, �� I�:n� • � r�.,�... r'iit �- t�t�r.�,�l Y�� , �.e2 �21��e . '�P ae � , (._ . ( D�- �7,� � �-� e�-�� h�� a �� o� I�cv�to�r. ��su� 1�� t ��-� - e(�i1ti C�m��1.c.�� o �rt cs ,_ ._ . I--�%t,�4.., �Q, Iv� �e�� ,ee.�� d� • 1 �y - . Y`e�.�.l � �.1�1 _/�ztc��@ - VYt�,u� Y�- �� _ ' � �c�u,�t�. - � — Q 1,�a. r t� �e �e. �. we�� , �.�Yl � Yl ��adZ � � �� - ��,,�g� � �;�'�� CIT`Y OF SAII�IT' PAUL Cfvistopher B. Colemmf, Mayor July 20, 2006 1VIr. Richard Coleman Attorney at Law 295 Marie Avenue E. West St. Pau1, MN 55118 IZE: Gopher Bar Adverse Action Dear Mr. Coleman: OFFICE OF TF� CITY ATTORNEY John J. Choi, CiTy Airorney �lo 775 Civil Division 400 City Hati IS West KeZZoggBZvd SaintPau; M'mnesot¢ SSIO2 Telephone: 651 266�71 D Faerimile: 651 298-5619 This letter will confirm that you ha�e indicated that your client wishes to admit to the violation set forth in the Notice of Violation letter dated May 11, 2006, and request a public hearing before the City Council to argue the appropriate penalty. Based upon that representation, we will cancel the hearing before the Admiuistrative Law Judge and schedule this matter far public hearing before the City Council. The next available public heariug date is August 16, 2006. We will send you and your client notice of the time and place of the hearing separately. Please feel free to contact me if you have quesiions. Sincerely, � �� Virguua D. Paimer Assistant Cify Attorney cc: Christine Rozek AA-ADA-EEO EmpIoyer ��'�}�� OFFICE OF TIIE CITY ATTORNEY John J. Choi, City Anomey CITY OF SAINT PAUL civit Division I ClvirtopherB.Coleman,Mayor 400CityHa11 15 YYestKeZloggBlvd Saint Paul, M"mnesota SSIO2 i July 27, 2006 NOTICE OF COUNCIL HEARING Mr. Richard Coleman Attorney at I,aw 295 Marie Avenue East West St. Paul, MN 55118 Telephone: 651 266-8710 FacsuaiTe: 65l 298-56I9 RE: All licenses held by Andrew Kappas, Inc., d/b/a Gopher Bar for the premises located at 241 - 7`� Street East in Saint Paul License ID #0016021 Dear Mr. Coleman: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for 5:30 p.m., Wednesday, August 16, 2006 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter concerning the fact that you allowed your pah to smoke at your establishment after the smoking ban became efFective on Mazch 31, 2006. 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 license office is $500.00 fine. If you have any questions please feel free to contact me at 266-8710. Very truly yours, � � �� v�g��a .� Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP �ary Erickson, Assistant Council Secretary, 310 City Hall Sheila Lynch, Director, CapitolRiver CounciUDistrict 17 332 Minnesota Street, Ste. W122, St. Paul, MN 55101-1314 Cheri Kappas, Gopher Bar, 241 - 7`� Street East, St. Paul, MN 55101 AA-ADA-EEO Employer � � STA"I`E OF NIINNESOTA) ) ss. COUNTY OF RA tVISEY ) � ��Q'1� � AFF'IDAVTT OF SERVICE BY U.S. MATI. JLTLIE KI2AUS, being first duly swom, deposes and says that on May 11, 2006, she served the attached NOTICE OF VIOLAT'ION bq placing a true and correct copy thereof in an envelope addressed as follows: Owner/Nlanager Gopher Bar 241 - 7�' Street East St. Paul, MN 55101 George Kappas 2249 Buffalo Street White Bear Lake, MN 55110 Sheila Lynch, Director CapitolRiver Councillbistrict #17 3321VIinnesota Street, Suite W122 St. Paul, MN 55101-1314 (which is the Iast known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Subscribed and sworn to before me this 11�' day of May, 2006 a �° rV f � / ' /"�L� Notary Pubhc R1TA M. BOSSARD PATARY PlffiL10. MINNESOTA IdY COMMISSION IXPIRES JAfV. 31, 20 1 Q .� �'/i� � d� -77s � � � 1a ��s�� Z-e� �'�is 1��e� u,�l�.�,� is� � _r-� �1 � �� $,0� -(� �o�e t� :ll��tc�2 a�' _ �� l�t?i �� la�" }� � ��Yt� `!�. �i�.e �e�'l:►�,� t�ou.� �� Q r2, �0� GtCCu.v�eC�� _ � -�-�a as� ��-t�. e��- �u� a.� � '� _ f�.��r. �t�.� � - c�e5 t.��'�t... �-�,c.� t ' rw,� ` G"�=-�� re.. �e�� c. � f��e. YID� �� 'r �r��.i� �i�' �n, � �v� �� a (�.r,e> #� � r �I� rv�.� �� u�.s ��i u�r��R, � �u.�-�c�� u�r�„s �:1�.s�c:� � r��, �o� . c�bu�� .��e �.o� .�'e��. a�2� 1��s (� r Ca�tF 1� ��. �-�l.(�t� t� �.�1. 6� t�. �;1� ��.,, �ac� Q is � o�nc�. v�'t� 1sut�.� t�d�. it is u-e.� 1�a.�c�.� � kua,� . �,U1. �{mt1�e�' �'co�, �pt,t. A,I� � _c � � r� �� tl c�t�h oi 1��- a ri tt�'c-k-. i5 ��IceS ��+�end�-��n. o� _ o� �i �t �.�u v�e.l� �� l+�o� oi ��- �� r2�ic�.e.e -�� 5e 1 G� ��t�l�- �"D � ��i �4, -�- �O� �6m.e. a �@ t� �t;�" Q,��L#i�. -� t��"� c�r�e �� r'�tt �- u�c�,�� (�. �-�- - e� . "�d� �: � �-�.� ��-?� �� h.�� a �X�� o-� �,�ci�rt.or. l�� 1�1� u� 1- - :�w�-Q - et� C�m��,c�" o �P�tcs �_ ._� 1-� - _ `t,c�.21�� re.ec�rn �� .e� don. � �y - - : re�.t�i n.� �.i r�d �tr v�i-eC@ _�aP,u� j�-� - ;�� awtc� �rt - !� - � --- - - - - f � _ __ . _ "___ . . _ _ _ " _ . _ � . _ _ _ _ _ _ " _ _ _ u�(�u�� - a.1�r�r� 1��_ -- - r u� � -�:� �,,� � � ; - --_ ___ - - ��-�- - - ^ � - � � � � -- - - � -- - - � ; - - 3 � - - - - - - - -- V ��5 8-1406 To Whom it may Concern, I, Karen Cichy, used to work for a fast food place. In working for the Como Pavilion, I used to clean the grill and the kitchen. In doing so, you couldn't hear when people were calling yo�s unless they came and tapped you on the shoulder to get your attention. In cleaning the grill, the only thing you can smell is the grill and the grease nothing else around you. Sincerely, Karen Cichy '763-389-9004 651-343-6165 � D � �� " �� l�-��