06-996Council File # �j
Green Sheet #_� 03�
RESOLUTION
Presented by
OF SA1NT PAUL, MINNESOTA
19
3 WHEREAS, adverse action was taken against the Liquor On Sale — Sunday; Restaurant (B) More
4 than 12 seats; Restaurant (D) — Add-on (Baz Only); Entertainment (B) and Liquor On Sale — Over 200
5 Seats (A) license applications submitted by Club China, Inc., d/b/a Club China (License ID
6#20060002440) for the premises located at 1638 Rice Street in Saint Paul, by a Notice of Intent to Deny
7 License Applications dated September 26, 2006, alleging licensee had ntunerous violations to his license
8 condifions as a liquor licensee and owner of the Pazadise Club in Hilltop, Minnesota, in violation of Saint
9 Paul Legislative Code §310.06 (a) (6) (c); and
10
11 WHEREAS, the licensee did respond to the Notice of Intent to Deny License Applicarions to
12 contest the allegations; and
13
14 WHEREAS, the Notice of Intent to Deny License Applications stated that if the licensee failed to
15 contest the allegations by October 6, 2006, that the matter would be placed on the consent agenda to
16 impose the recommended penalty; now, therefore, be it
17
18 RESOLVED, that the Liquor On Sa1e — Sunday; Restaurant (B) More than 12 seats;
19 Restaurant (D) — Add-on (Bar Only); Entertainment (B) and Liquor On Sale — Over 200 Seats (A) license
20 applications submitted by Club China, Inc., d/b/a Club China are hereby denied.
21
Requested by Department oE
BY� o� �
Adopted by Council: Date //�Bj ��00�_
�— �
Adoption Certified by Council Secretary
By: �
Approved � Date � �,�
By:
Form A prove , by C'ly A orney
By: . �
Form Ap � Mayor for Subraission to Council
By: �_
�i�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
- _ � � �-99.6
LP — L���1�ao��o�r�o� � ,�-0cr-0s
CoMact person 8 Phone:
RacF�el GuMeison
266-8710
Must Be on Council Agenda by (Oal
o,-NOV-0s CCan Sk nt'� 9 A
Doc.Type: RESOLUl10N
E-0ocumerrtRequired: Y
DocumentConfact: JulieKraus
Confact Phone: 266-8776
�
Assign
Number
For
Routing
Order
Green Sheet NO: 3033681
Departrnent SentToPerson
U 'ce ecROOlEnviro 0
1 ' en 'oNEnvQOn De artlnent Director
2 Atto
3 a or•s i6ce Ma o/ASSistant
4 ouncil
5 er (5 Clerk
Tepl # of Sign P ag es _(Clip NI Lo for Si gnaWre)
Action Requested:
Approval of the attached resolurion to take advezse action against the Liquox On Sale - Sunday; Restaurant (B) - more than 12 seats;
Restaurant (D) - Add on - Bar Only; Entertaimnent (B) and Liquor On Sale over 200 seats (A) Gcense applicarions submitted by Club
China, Inc., dJbla Club Civna (License ID#20060002440) for the pxemises located at 1638 Rice Sueet in Saint Paul.
idations: Appro�e (A) or Reject (R):
Planning Commission
CIB Committee
Citil Service Commission
1. Has this persoNtum e�er worked under a contract for this depaRment?
Yes No
2. Has ihis persoNfirtn e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not rwrtnally possessed by any
cur2nt city employee?
Yes No
Euplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, lssues, Opportuniiy (Who, What, When, Where, Why):
Licensee had numerous violations to his license condiqons while he was a liquoc licensee and owner of the Paradise Club in Hilltop,
Minnesota in violation of Saint Paul Legislative Code 310.06 (a) (6) (c). ,
Advantages ff Approved:
License denials as recommended by the Office of LIEP.
Disadvantapes IfApproved:
None.
���� �����
�'�'' ' ZQ�O
. � .� ;�
Disadvantapes If Not Approved:
Tota1 Amount of
Transaction:
Funding Source:
Financial Information:
(F�cplain)
�
� ������
, !� +1�� ..,
�;
OCT 23
October 98, 2006 10:04 AM
GostlRevenue Budgeted:
Activitv Number.
Page 1
�_
( d(�- 99,�
OFFICE OF Tf� CITY ATTORNEY
.lohn J. Cho; City�Ittorney
CZ� �F S�r PA�. CiviZDivision
C1o�istopherB. Colemmg Mayo> 400 CiryHaZl Telephone: 65l 266-87I0
ISWestKeZZoggBlvd Facsimile:65I298-5619
Sabet Pau� M"vmesota 55102
�i�
September 26, 2006
NOTICE OF INTENT TO AENY LICENSE APPLICATIONS
Owner/Manager
Club Chitia
1638 Rice Street
St. Paul, MN 55117
RE: Liquar On Sale - Sunday; Restaurant (B) - more than 12 seats; Restaurant (D) - Add-on (Bar Only; Entertaivment
(B) and Liquar On Sale - Over 200 seats (A) license applications submitted by Club China, Inc, d/b!a Club China
for the premises located at 1638 Rice Street in Saint Paut.
LicenseID #20060002440
Dear Sir/Madam:
The Office of License Inspections and Environmental Protecfion has recommended denial of the Liquor On Sale -
Sunday; Restaurant (B) - more than 12 seats; Restaurant (D) - Add-on (Baz Only); Entertaiument (B) and Liquor On
Sale - Over 200 seats (A) license applications submitted by Club China, Inc., d/b/a Club China for the premises located at
1638 Rice Street in Saint Paul. The basis for the recommendation is as follows:
As part ok'the applica&on process, the Offtce of License, Inspecfions and Environmental requested
information on your license acfivity as liquor lieensee and owner of the Palace Bar located in the
City of Hilltop, Minnesota. After a review of Columbia Heights Police Department reports for a
10 month period in 2003 (January 17, 2003 through November 9, 2003) it was defermined that
there were numerous problems inside and outside of your establishment:
1) There were at leasf fourteen (14) police reports during that 10 month period dealing with highly
intouicated patrons. Police noted that in many of the cases, when asked by police, the patrons did
not have valid identiTicafion. Most reports involved paErons being escorted ouf of the bar by
securiiy and then being involved in fights with either securify or other patrons. One instance, on
March 14, 2003, involved a large fight of around 40 patrons in which security and employees were
unable to control the crowd and police needed to be called.
2) There are several reports involving the sale of alcohol to minors. Some of these reports were
traffic stops and traffic accidents where the people involved stated that they were underage and
had been allowed to drink af your establishment. In one instance fhe father of a 16 year old girl
called police to report that his daughter came home intosicated after being allowed to drink while
bowling at your establishment.
AA-ADA-EEO Employer
Club China
5eptember 26, 2006
Page 2
�_.
�
r�.�
3) There were at least fwo reports of drugs being sold inside your esfablishment
4) Several police reports show that patrons leaving yonr establishment were invoived in iraffic
accidenfs in the parlting lot and were arrested for DWI and taken by police fo Detog.
5) There are several police reports indicafing there were patrons and security heing assanited by
infogicated patrons inside and oufside your esfablishment.
� There are several reports of eacessive noise by patrons leaving the bar and cars rewing their
engines in the parldng lot.
This activity is a violafion of Saint Paul Legislative Code 310.06 (a) (� (e} whieh states: "The
licensee or applicant ( or any person whose conduct may by law be imputed to the licensee or
applicant) has engaged in or permitted a patfern or practice of conduct or failure to comply with
laws reasonably related to the license acfivify or from which an inference of lack of Stness or good
character may be drawn:'
At this time you have three options on how to proceed:
l. If you wish to haue a public hearing before the Saint Paul City Council, you will need to send me a letter with a
statement admittiug the facts and requesdng a public hearing. We will need to receive your letter by Friday,
October 6, 2006. The matter will then be scheduled before the City Council far a public hearing to deteriniue
whether to deny your license applications. You will have an opporiunity to appear before the CouncIl and make a
statement on your own behalf.
If you dispute the above facts, you can request a hearing be£ore an Administrative Law 7udge. 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 City Council wiil ultimately decide the ease. If this is your choice, please advise me by
Friday, October 6, 2006, and I will take the necessary steps to schedule the administrative hearing.
4. You may withdraw your license applications. Send a written statement to that effect to the Office of License,
Tnspections and Environmental Protectiou, 8 Fourth Street Bast, Suite 260, St. Paul, Minnesota 55101-1002 no
later than Friday, October 6, 2006. Information should be d'uected to the attention of Christine Rozek. Any
request for a refund of the license application fee must also he made in writing to the Office of LIEP.
If you have not contacted me by that date, I will assume that you do not contest the denial of yonr license
applications.
If you have any questions, feel free to call me at (651) 266-8710.
Sincerely,
�C.
Ra el Gunder
Assistant City Attorney
cc: Christiue Rozek, Deputy Director of LIEP
Paul Xiong, 8020 - 60� Street North, Graut, MN 55115
Kerry Antrim, Community Organizer, DistricY 6 Planning Council, 213 Front Avenue, St. Paul, M13 55117
AA-AAA-EEO Employer
STATE OF NIINI3ES0�`l
) ss.
COUNTY OF RAMSEY )
AFFTDAVIT OF S��cVICE BY U.S. MAIL D � O _/ l'�
JLTL]E KRAUS, being first duly sworn, deposes and says that on September 26, 2006,
she served the attached NOTTCE OF INTENT TO DENY I.ICENSE APPLICATIONS by placing
a true and correct copy thereof in an envelope addressed as follows:
OwnerlManager
Club China
1638 Rice Sireet
St. Paul, MN 55117
Paul Xiong
8020 - 60�` S�eet North
Grant, MN 55115
Kerry Antrim, Community Organizer
Distdct 6 Planning Council
213 Front Avenue
St. Paul, NfN 55117
(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 26�' day of September, 2006
��
'No ary Public
�b„������
RITA t�9, 80SSARD
NOTARY PU9LIC - M�N�!ESOTA
� % - MYC6�9�Y°iSSIOiV
� � EXP4i2E5Jr".�.3t.2410 �
-�ctv'�m°+x