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07-164Council File # � � / Green 5heet # 3 ,$" RESOLUTION CITY OF SAINT PAUL, MINNESOTA 2 � F'7 WIIEREAS, licensee did respond to the Notice of Violation and requested a public heazing; �S 10 WHEREAS, The Office of License, Tnspections and Environmental Protection recommended 11 $1,000 fine; and, now, therefore, be it 12 13 RESOLVED that Twin Star VFW Post 8854 d/b/a Twin Star VFW Post 8854 is hereby ordered to 14 pay a fine it he amount of $1,000 for the license condition violations on October 17, 2006. 15 16 This Resolution, and action taken above, is based upon facts contained in the November 14, 2006, 17 Notice of Violation sent to the licensee and the arguments made at the Public Hearing on February 21, 18 2007. 19 20 Requested by Depazhnent of: 1.��" BY: � /—� ¢��/ � Form oved y City A rney By: Form r d b ayor Su nission to Council By: WI�REAS, adverse action was taken against all licenses held by Twin Star VFW Post 8854 d/b/a Twin Star VFW Post 8854 (License ID#0057268) far the premises located at 820 Concordia Avenue in Saint Paul, by Notice of Violation dated November 14, 2006, alleging licensee violated several license conditions with regazd to 1) maintenance of the guest book; 2) allowing non-members or bonafide guests to order alcohol and 3) allowing weapons inside the establishment on October 17, 2006; and Adoption Certified by Counci Secretary By: � . Approved b � ay Date � By: 07 ��� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � LP - L��eosen�,ecao�n�ironrrot j 3�.lnta-o7 Contact Person & Phone: Rachel Gunderson 266-8710 musc ee on 7A•E€$'-07 Doc. Type: I� � Assign (Date): Number )� �v For Routing �-.k�Y � YI i Order E-DOCUment Required: Y DocumeM Contact: Julie Kraus Contact Phone: 266-8776 I I Totai # of Signature Pages _(Clip All Lowtions for Signature) Green Sheet NO: 3036558 0 �� 'cenuRnspectiodEnviron Prot I 1 Q,icenselinspection/Environ Prot I Deparhment Director 2 CSty Attornev I 3 9Vlavor's Office I MsvodASSisffint 4 oancil 5 i C7erk G5 Clerk Approval of the attached resolution to take adverse acrion against all the licenses held by Twin Star VFW Post 8854 d/b/a Twin Star VFW Post 8854 (License ID#0057268) for the premises located at 820 Concordia Avenue in Saint Paul. Planning Commission 1. Has this persoNfirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 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 ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): On October 17, 2006 licensee violated several license conditions by failure to maintain guest book, non-members allowed into the establishment to order alcohol and allowing weapons into the establislunent. After nofitication, licensee requested a public hearing. Advantages If Approved: $1,000 maaix penalty Disadvantages If Approved: None. Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Explain) � ., ° � �,�: .. � . i �� :. � ��'; CosURevenue Budgeted: Activity Number: January 31, 2007 3:30 PM Page 1 OFFICE OF TF� CITY ATTORNEY John Choi, City AKOrney O � /I CI1 i �F' SA1iVT PE�UA.. CivilDivision Christopher B. Colemm�, Mayar 400 City Xail Telephone: 65I 266-8710 - ISWestKellaggBlvd Facsimile:651298-5619 Saint P¢u1, Minnesota 55102 W� February 1, 2007 NOTICE OF COUNCIL HEARING Dr. James Shelton Twin Star VFW Post 8854 820 Concordia Avenue St. Paul, NIN 55104 RE: All licenses held by Twin Star VFW Post 8854, d/b/a Twin Star VFW Post 8854 for the premises located at 820 Concordia Avenue in Saint Paul LicenseID #0057268 Dear Dr. Shelton: Please take nofice that this matter has been set on the Public Heazing Agenda for the City Council meefing scheduled for Wednesday, February 21, 2007, at 5:30 p.m., 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 Councii for their consideration. This is an uncontested matter concerning the fact that on October 17, 2006 you violated several conditions ofyou license by 1) not having a sign-up sheet at the front door; 2) allowing a weapon into your establishment and 3) allowing non-members or bona-fide guests into your establishment to order alcohol. This matter has been placed on the public heazing agenda portion of the City Council meeting during which public discussion is allowed. Since 2003, there haue been several instances of license condition violations, therefore, the licensing office is recommending a $1,000.00 fine. If there is any information you would like Citv Council to review nrior fo the Qublic hearing, I will need to receive it no later than Monday February 12 2007 Very truly yours, 2�� Rachel Gunderson Assistant City Attorney ca Christine Rozek, Deputy Director of LIEP �vlary Erickson, Assistant Council Sectetary, 310 City Hall Kerry Antrim, Community Organizer, District 6 Planning Council, 213 Front Avenue, St. Paul, MN 55117 James Shelton, Manager, P.O. Box 65481, St. Paul, MN 55165 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Twin Star VFW Post 8854 � 820 Concordia Avenue, St. Paul, MN 55104 Wednesday, February Zl, 2007 @ 5:30 p.m. Violation: Licensee violated several conditions of his license with regard to maintenance of the guest book; allowing non-members or bonafide guests to order alcohol; and allowing weapons inside the establishment. Date of Violation: October 17, 2006 Recommendatian of Assistamt City Attorney on behalf of client, Offnee of License, Inspections and Environmental Protection: $1,000 Fine Attachments: 1. Proposed resolution 2. ECLIPS screens from LIEP 3. ECLIPS license conditions 4. Twin Star VFW Post #8854 guest book sign-in sheets 5. Copy of St. Paul Police CN #06-215-215 dated 10/17106 6. Copy of County of Ramsey Complaint dated 10/19/06 7. List of previous adverse actions against licensee (1999-2004) 8. Copy of Notice of Violation and Affidavit of Service dated 11/14/06 9. Copy of letter from licensee requesting a public hearing dated 11/27/06 10. Copy of Saint Paul I.egislative Code §310.05 (m) (1) License Group Comments Text Licensee: 7yy�N STAR VFlN POST 8854 DBA: SVy�N STAR VFW POST 8854 License #: 0057268 �\ � 07 //o� 01/31/2007 1/8l07 spoke to Randy Freeman about entertain. app. he will send'R in foday.KS � 1/06/2006 To CAO for adverse action. CAR �0/27/20�6 Inspector KS obtained guest book pages from 10/17/2006. In adddion, inspector nofed that a DJ booth and dance floor are set up in the club. The club has no enfertainmet license. CAR 10/17/2006 CN06215215 Indicates that a) a weapon was in the club despite wanding condition requirement intended to prevent weapons in the esfablishment and b) club is probably providing enferfainment despfte a condftion that indirates that a license must be obtained before entertainment is provided. As a result of this police report, 1 requested copies of the ctub's required Iog (see note 10/27/2006). The person arrested inside of the bar had not signed the guest book on the pages that were provided for 10/17/2006 and the police officer noted in his report that there was no book or sign in at the door when the officers went in. There have been iwo previous violations of the guest book requirements, but both are outside of the'12 month window. The matra penalfij for the first violation of a license wndition is $500. However, since there were multiple (3) violations in this police report and subsequent LIEP inspection, LIEP is recommending an upward departure to $1500 ($500 per violation). LIEP is also requesting that the DJ area be dismantled or the club apply for an entertainment license witin 30 days. In addition, the Post must absolutely agree to monitor the guest book to assure that all signatures are legible and that all members and guests sign in every night. CAR 10/18/05 Care/conditions check the condRions that could be checked-they were in compliance RWJ 10/03/2005 Refund of $35.00 processed. ES 09/30/2005 2005-7% Liquor Discount applied to full paid fee. $35.00 refund due. LAB Met with LeRoy Daniefs to check operation of cameras and VCR hooked up and working RWJ07(20J2005 RJ met with Leroy Daniels. Cameras are not recording. Will have uniformed police officer on duty Fri and Sat evenings. Leroy to rall us when video is working. CAR 07/18/2005 KS inspeded conditions. Cameras are not recording. Cameras to be hooked up by 7/19. A DJ was siting in the bar. KS told Leroy that there is no entertainment license. CAR 07/15/2005 KS inspeded. Club is open without the required opening inspedion. Cameras are not recording. CAR 06/16/2005 License expiration date changed from 2/12 to 6/15 to coincide with insurance expiration date and closure. LAB 06/13/2005 Rec'd liquor liability effective 6!'I5/O5. Their Iast certifirate expired 2/12/2005, so there is a lapse in liquor liability coverage from 2/12/05 to 6/15/05. Betty said they have been closed between those dates because of a break in. Lapse OK per CAR. LAB O6/06/2005 E-mailed Betty Clay requesting liquor liability insurance. LAB OS/11/2005 Ta� clearance letter has been received. CAR 03/21l2005 Received Ietter from Allyson McDonald, Dept. of Revenue, indicating that license cannot be renewed without a tax clearance. CAR 3/8/05 sign posted closed. No operation at this time.KS. 02/22/2005 Gave Kris a tetter to hand deliver advising no alcohol sales until current liquor liability is received. LAB 1/18/05 Met with John Warn and Betty Day along with Cmdr. Strickiand all cond. seem to have been met except outside cameras that will be installed within 2 weeks. Will call when in. VFW intends to reopen this weekend (has been voluntarily closed.) KS. 1/18/2005 John Warren, Commander, has signed license conditions for the VFW. CAR 11/30l2004 Rcvd $700.00 for not having guest book in readable format. AMW 11/19/04 Liq. book given to VFW,KS.11/10/2004 Sent Stayed Suspension/Fine letter ($700.00 due'11l29f04). LAB 06/16/2004 Letter sent by CAO stating licensee has not contacted LIEP to discuss conditions on license in lieu of paying suspended fine of $700. A hearing with City Council will be set to determine appropriate penalty. CMK. 05/20l04 talked to Frank Smith he will have cond. back to us with a time line by 5/27/04.KS 04/29/2004 Met( Rozek, Schweinler, Cmdr. Moorehead) with VFN/ (Michael Skinner and Frank Smith) to discuss imposition of conditions in lieu of a fine. Licensee to get back to LfEP by 05/07/2004. CAR 03/17/2004 Notice of Violation for not having guest book in readable format a8er being ordered to by Council. CMK. 02/OS/2004 Sent letter requesting log for 01/28-29 based on an ag assault inside the bar, CN 04-17674. Give� to 02/24/2004 to respond. CAR 02/02/2004 Sent letter stating required format of guest book - first name, last name both signed and printed and status of guest or member. All must be in date order, and be readable. Reminder also that only members and bona fide guests can be served. CAR 01/27/2004 $300.00 rcvd for fine. ES 10/09/2004 Sent Fine letter ($300 due 1/30/04). LAB 12/17/2003 CF# 03-1111 resolves licensee is ordered to pay fine of $1,000 for failure to provide membership and guest bg book and for selling alcohol to someone other than a member ot bona fide guest. Seven hundred dollars of the fine shall be stayed for 18-month period, with conditions that: 1) Remaining $300 fine be paid within 30 days of passage of this resolution, 2) licensee immediately begins keeping membership and guest log books in a readable fortnat and 3) that there be no further violations for a period of 18 months from the date of the original violation. CMK. 11l26/2003 Letter from the Office of the City Attorney announcing a public hearing before the City Council on December 17, 2003 concerning all licenses held by Twin Star VFW Post 8854, S20 Concordia Avenue. 10l29/2003 Notice of Violation for allowing a non-member to be served alcohol without signing the guest book. LIEP recommends $1,000 fine, with $500 of the fine stayed for a period of 18 months on condition that licensee 1) Pays $500 of fine and 2) guest logs are in readable format. CMK 08/15/2003 Letter sent to Michael Skinner, sr inquiring if non-member Phillip Jermaine Benson was a guest when he was found drinking at VFW at the time of his arrest for narcotics. CMK 05/25/2003 CNO3102657 Raises question of whether club is allowing non members to enter. To CAO for investigation. Club needs to provide a member list and club president or other offcer needs to explain the presence of the a possible drug dealer in the club. CAR 03/18/2003 E-mail from CAO indicating that she has declined to start adverse action based on the events of 08/02l2002. CAO believed that the police report did not indicate any violation. CAR 03/24/20031etterwith Private Club definition under Chapter409 mailed.JL 12/09/2002 To CA6 For passibfe adverse action. CAR 10/10/2002 Peter Pangborn of CAO verified that report referred to Twin Star, not Attucks Brooks as written in the report. CAR 70/02l2002 Received membership list from VFW. Subject of police chase was not a member. CAR 08/08/2002 CN 02-1 709 0 3 received indirating that a non member was aliowed entrance into the establishment to flee from police. Please seeking entrance were not allowed in. CAR 'i 1/04/1999 passed second alcohol compliance check-DL 08/19/1999 $500 fine paid. CAR 07l27/1999 Sent fine letter ($500 due 08/13/1999) - LAB 06/30/1999 council hearing scheduled 07I14/1999. 06/09/1999 completed alcohoi awareness training-DL 05/20/'1999 Notice of Violation sent by CAO for seliing a ciub card to a non member for the purchase of alcohol during failed compliance check. CAR 05/13/�999 failed alcohoi compliance check; "unofficial" warning-training due 06/19/1999-DL 03/28/1996 Ciq Code Added Fdld#'14343—Lan-Lic License Group Commenks Te�ct Licensee: '�N STAR POST 8854 �BA� TMN STAR VFV✓ POST 8854 License #: 0057268 �\ � 0 7-/ � �{ 01/31/2007 05/11/1992 Copy Of Sfate Appn Form & QF. 92-620 To State Liquor Contro1.05/1'l/1992 Copy Of State Appn Form & C.F. 92-620 To State Liquor Control. 04/30/1992 Ph On Addition Of An On Sale Sunday Liquor License App'd Under Suspension Of Rules C.F. 92-620 06/07l1990 Ph On Appn For New On Sale Liquor Club A License App'd Under Suspension Of Rules C.F. 90-996 Did Not Previously Hold A Private Club License �. � o �-/� y �UCenseQ�crY � � . . . " '".= �'� �" ����,� , e.r:^,�^�, �k� ST.+XYtWPoSi8dS6 �� � 5'fkRY fl"tPLiSTe ^ n54� _� __..� SEIYSr6YkC � E a' � . v �-\ � 6 7 /( `� �4 p('h�Y .9SCef A` SiteHNema �2C{ �C. tkdt*# f�`l: SYdte JPe*d - OktC4uuR � '`T AAvet56 hCtlm CAnLieYts �____. CYectlax ! � k �,�j �� _ .................__._..__�.._.._..._..._._ _ , .J '°""�° t3snsaGfa�Cmte�re�rix IqC __' S14F � ��TV�COAfisa4verseeUOn.CAR Wv . m � � �., o� /� �/ _ ,, - _� ;;. f I{.�'f6�fi6� .�SkCtiSBR��fdS4 eaGCpow�4C�a3ftetP�e@ �.'_ ' " _ "___"_"'" '" ""_ ___ . .. ___ _____ _ _ _-_ _ _-_- . ._ - -»rv:.-_""" " " " _ _ "" " " " "' """ . _...... . "_ _ " " " " 1 (-, �. D7�/o`7 � � � � �� � � , " �Li:.�3 �� � � 7 ��O `� � �.� � � � .�,� _ . _ .. . _ .. .. ,,__. __--„_.. __..._.._- -- ...... --- ___ sof� �„�� ����� �_. �� � 7 � � safU� � � --_7 sms License Group Conditions TexE � � 1110 8 /2 0 0 6 Licensee: �N STAR VFW POST 8854 �BA� TWIN STAR VFV✓ POST 5854 o�/�� license #: 0057268 1.)The onry persons admitted into the licensed premises shall be members and their bona fide guests. Guests must register by signing the guest book when entering. The guest book must be placed at the front door. The required format for fhe guest book shall be first name, Iast name bofh signed and printed and status of guest or member. All must be in date order and readable. Guest records must be kept for sa(6) mo�ths and will be made available to the inspecfor or police officers upon request. 2.)The licensee will not serve or aliow the consumpfion of alcoholic beverages by any member under the age of 21, and will require aIl guests of inembers to have vaild proof of age in order to be served or consume beverages. 3.) 75% of all employees and volunteers will participate in alcohol awareness training on an annual basis. (LIEP will provide a list of trainers.) 4.) No alcohol will be allowed to Ieave the licensed premises. 5.) Man�qement must call police when there are serious problems either inside or outside of the establishment. P�shing unruly patrons out into the neighborhood is not acceptable. 6.) Maintain in good working order video surveillance cameras and recorder on the interior and ealerior of the establishment during business hours. Tapes must be maintained for 7 days and available to police and inspectors when requested. 7.) Maintain a ban list of all customerslpersons banned from the establishment for assaultive, disorderly or disrupfive behavior. The list at a minimum shall contain a name and description of the banned patron, as well as the date they were advised they were banned. This list will be made available to police and inspectors when requested. 8. ) The club must apply for an entertainment Iicense if there is music or any other form of entertainment provided. 9.)The club must install a metal detedor or wand patrons at the entrance. 10.) 1/11/2005 - The VFUV will not reopen until a LIEP inspector has verified that all conditions have bean met. l� �- VETERANS OF FOREIGN WARS TWIN STAR POST 8854 VETERAN ON DUTY 6 7 /�� PLEASE PRINT AND SIGN YOUR FULL NAME PRIN F 53. / 54. 55. �. - ��.G� -�� 57. 58. 59. 60. 61. L NAME SIGN FULL NAME � � f �� 62. 63. ��e a 64. ;�. �`��--_ �- �X C�/ .��( �' 6� � 1 �� ��� � ��� �� <- o ���� VETERANS OF FOREIGN WARS TWIN STAR POST 8854 � � ���� �� ���' f VETERAN ON DUTY � � DATE PLEASE PRINT AND SIGN YOUR FULL NAME PRINT FULL NAME 1. s L`t in�� x.Sh�i l�� 2. Z L , ` r � ��� � 3. �i � r � e 5. �t��Z�� � � S` 1�-� n i s. �. $. �� �� C �,C�� �C � 9. ���� <<� 10. ���Fl�1 � � �l°�n 11. 12. 3. SIGN FULL NAME �� ���� � . � � ��� �%��� _a/ � j ._,� /� � � � �� �� D7 ��� VETERANS OF FOREIGN WARS TWIN STAR POST 8854 VETERAN ON DUTY TE PLEASE PRINT AND SIGN YOUR FULL NAME PRiNT FULL NAME 14. � 15. r uY 16. � ! � � � ` �l i7. SI F NAME � �. 25. �G�J__L`� �i --� ;s. - — ��� � �� �'L� �,�.,.3�3.,.s. �.9-u��-� 23. �`� 24. 4� �'�'� ��+'� � VETERAN ON DUTY DATE �U �1 � ��� PLEASE PRINT AND SIGN YOUR FULL NAM E PRINT FULL NAME 27. .t� � ���"�C� o �,�t�n- Zs. �—L` ,(�� _-1e� 29. , ,'0. 31. � e �Y�� I.LUL�-+;�' 32: � ���.� t;J �.�1 t S 33. 34. 35. ss. 37. 38. ;9. �. 0 7/(0`-� VETERANS OF FOREIGN WARS TWlN STA� PqS,,T 8854 �.!��-G`-`-� � C: �. � � / SIGN FULL NAME � , (��� 0 7/�� I�suecfor's Rex�ar° 1 � (�; Inspector's Name_ �,�s=� . r L.t s_-,�� I�a#e: l C� I 2't ��C-� � Business/Prope:ryname: � �_• ,; �, ��, �, �( , Pron�ty Address: �� C� � -�y� � t, �: •—(�.�;�...� � � ; ; .� Reason for Visit: ��lw,� _ � �' �;i i t i� ','�. - � _ � -� �"' c>°�' k � ' _3 Observations: r ��i,�',.� ; :, � _.., �. � . _ _ �` ; . . �.;� � t �__r, ,, ., � Photos Taken: Yes, Iocation of photos _ � No v �c.�l� Action Taken: Citation _ Watning Other. Deraiis of Conversations (statements to and by person responsible for property): J 7� DEC-22-2006 17�08 ST PRUL POLICE DEPT 9 612 292 3711 P.02iO3 y Saint Paul Police Deparkment PUBLIC � 7��,! 7" ORiG1NAL OFFENSE / tNCIDENT REPORT �andTimeolReport CpmplaintNumber fteferenceC.N. 06215215 Primary offa�se WEAPONS-POSS FIREARM BY FELON 10/i 7/2006 22:42:00 Primary Reporting 08icer. D2gfee, Chdd L Primary squad: 136 Name of Iocation�nusiness: coca6an o�mc�dent: 820 CQNCORDIA AV ST PAUL, MN 551Q4 secondary repoMng oK�er. Boerger. Darryl R p�stdct: W estem Date & fime ot occurrence: 10/17(2�06 21:21:00 to 10/17/2006 21:21:00 Sire� SecondaryoHense: DRUGS-POSS OF COCAINE Arresi made? Y05 Resistance encaunfered Pursuit engaged Waapana Uaed 6y PoflGe Waepona UsYd by Suapect ec 7tme ot Arraat ARRESTS Nama Perry, Javarlo Lasha BookingdefB 10l17/2006 Booking time 2Q:44 BooMhg N Wamant number n�ame Rpss, Shaun Terrell eaoking �ate 10/17/2006 Booking time 22:46 800king # oate & tlme o� anesh. � pl17/2006 21:40 Arrest SYatus SoOked Anest made on view: Yes Arrest made on war�snt or previous CN: Orig�nariryqagency SpPD Date & fime oi anest 10/17/2006 21:40 Anestsrsrus 800ked Ar�est made on vlew: Yes Airest made ort warrant or p*evlous CN: Y8S Warrant numbe� 7102025753 Orig;nating �Oancy SPPD NAMES Arrestee KNOWN Arrestee WN Perry, Javarlo Lasha ST PAUL Foss, Shaun Terre�l MN 55104 KNO p 55106 ST PAUL PUBLIC NARRA7IVE 800ked: Javarlo Lasha Perry 34 YOA, male 7-6-72 953 Carroll Ave Si, Paul, MN 55704 �050 Poss of Firearm by Felon/Pass of CIS Shaun Terrell Ross 42 YOA, male 12-9-63 PacifiC St. Paul, MN 55106 WT DAR 1'1020257530fficers received information regarding a male with C/S at the VFW 820 Concordia. Found Perry in the bar in possessiort of a pistol and controlted substance. Ross had a warrdnt for driving after revocation. Bofh booked for the above offenses without incident. warrant type (none} Charge/Citation/Ha�( Amounr Possession t Fireartn hy a Felon DEC-22-2006 17�37 9 612 292 3711 � 96i P.02 DEC-22-2006 17�a8 ST PRU� POLICE DEPT 9 612 292 3711 P.03/03 ° ' ° Saint Paul Polics Department PUBLIC � � �� � �RIGINAL �FFENSE / INCIDENT REP�RT Date and 7lme af Report Complaint Number Referen� c.N. � �f 17J2QQB �` ;4Z:O0 062152i5 PAmary offense WEAPONS-POSS FIREARM BY FELON VJansnt type Wanant Charge/Citation/BailAmounf DAft TOTP� P.03 DEC-22—�aa6 17=37 � 9 612 292 3711 96Z P.03 STATE OF MINNESOTA, PLAINTIFF, VS. FELONY WARRANT AND ORDER ��� ^ `�� TYPE N�� JAVARLO LASHA PERRY 953 Carroll St. Pau11VIN 55104 DEFENDANT SENT T'O DATE OF SENT TO SCA BIRTFI BCA 07l66/1972 Chazging �` i STA'CUTB � OFFENSE STA1'UTE NUMBER Na i TYPE DATE & DESCRIPIYON 1 Chazge 10/Y712006 624.713,5.1{6): Possess PistollAssault Weapon-Conviction of s Vialent Crime within IOyrs I}efinition Penalty 624.713,5.2(b): Possess Fireaim-Violatioas of 624.713, snbd. I(b); 604.11,5.5(b}: Tviinimum Sentences of Imprisonmen6Ficearm-Felon Convicted {;rime of Violence 2 Charge 10/17(2006 152.Q23,5.2(lj: Drngs - 3rd Degree - Possess 3 Grams or More Cocaine/IIeroiu/Methamphetamine Defiaition Penalty 152.023,5.3(a): I3rugs - 3id Degree - Sale or Possession - 1 st Conviction- Penaltv - 20 Years!$250,Q00 OFFENSE ��L MOC GOC F V4'1643 N F DFSAZ N FomiC gryg ❑ DOMESITC ASSAULT ❑ AMEID&t) ❑ TAB CHARGE PREVIQUSLY FiLED Ya�s compiainant is Sgt. Don Grundhauser, an investigator with the St. Paul Police Depattment He has reviewed the reports of ather afficers and states that the following is true and correcr On t3ctaber 17, 2046, Det. Tam Aruald received information that @efendant 3avazfo Perry was at ihe VFW at 820 Concordia, St. Paut, and that Perry was in passession Qf a cocaine, which he was sellmg in the baz. The CRI descn�ed wfiat Perry was wearing and said he was near the DJ area. The CRI said tfiat Peiry had a bulletproof vest and, wlule the CRI fiadn't seen it, the CRI svspected Perry had a gun, and crack cocaine. Officers Boerger and Degree went to the VFW to investigate. Inside, they saw Javarla Perry, who tfiey recognized, standing near the DJ area and behind a screen, with another male. Perry was wearing the same clathing as descrihed by t�he CRI. When the other mate saw the officers, he alerted Perry to their presence. Officer Boerger saw Perry tum his back to the ofFicers, pull a small handgun from his waistband, lean forward, a?+d dTov. thP g,in onto a. sh.e2f in a cabinet next to the stage. Pexry was atresteci. .... ,_ . The fiilly loaded firearm, a Phoenix Arms .22 caliber semiautomatiq was photogaphed and recflvered from the cabinet Next to the gun in the cahinet, officers found a enunbled up tissue. Ituside the tissue was an earring which exactly matched the eatring Perry was wearing in his left ear. There was no earring in Perry's right ear. Police did not find a bulletproof vest. During a search of the defendant incident to arrest, officers found a plastic bag containing powder and crack cocaine in the defendanYs pants pocket. When the officer pulled the bag out the defendant began yelling to the erowd that the bag wasn't his. Despite being handcuffed, the defendant also h'ied to eat the bag of cocaine. The cocaine was subsequently tested and found to contain cocaine with a total net weight (not including packaging} of 3.53 grams. The defendant's criminal history shows felany convictions far Financial Transaction Card Fraud (1992), Terroristic Threats (1992), Possession of a Firearm by an Ineligible (1996}, and fiscape from Custody (1996�. Regarding the Teaoristic Threats conviction, the defendant received a stay of execudon which was revoked and the sentence executed in 1445, meaning that he is ineligible to possess fireazms for life. sro� CoACyFikNO.:2053659 O / //.. / hge2oF5 4° ( - --- � � i�� CaALLyFileNa: JA336g4 P+5a3o[5 COIINr1 dn or about October l7, 2006, m Raznsey County, Minnesota, the dePendant, JAVARI.O LASHA PERI2Y, after having been convicted of a crime of violence, wrangly and unlawfully possessed a firearm, a Phoenix Arms .22 cal2ber semiautomatic handgun. Said acts constituting the offense of POSSES5ION OF A FIREARM BY AN INELTGIBLE PERSON, in violation of Minnesota Statute secrion 624.713, subd. 1(b), 2(b) and 609.11, subd. 5(b), Maxixnum Senteace: 15 years or $3d,000 or both, Mandatory Iviinimum Sentence: 60 months. COi3NT 2 C„ ux �;,�;;t ��tct„� p,, 3005; 's;. Rzn�se�* Connty, Milmesota, the defendant, JAVA:"i�.0 LA,°E=^._^� .'L�'�Y, �..: wrangly and unlawfuliy possessed one or more mixtures of a substance containing cocaine with a total weight of three grams or more. Said acts constituting the offense of CONTROLLED SiJBSTANCE CRIl1� IN THE THIRD DEGREE, Possessifln of Cocaine, in violatian of Minnesota Statute section 152.023, subd. 2(1) and 3(a), Maicimum Sentence: 20 years or $250,000 or both. 3101 CONFPLAINANT'S NAME: �`,,(k COMPI��! l /i �f/.� !l� DONALD CARL GRUNDHAUSER, II �� NAMFf£I`i'LE ADDRESSlTELEPHONE ` Richazd S Busterhoft Sd W. Kellogg Blvd., #315, St Paui, MN 55102 Assistant County Attomey (651) 266-3222/gp Aitorney Regisuauon #294777 GMYPdcN¢: RA6i9 ; ° �%� ��1 �0 � � � b�3 �� t+pcfKS 1 . CWR�ei6$ T9da CObfPLtINT- WAKRANT'AND OXDER wac subscribed mul mnrn se beJ'nre rheundersigned tkis 26Db. NAAfE: SI � �� � T1TLE.- � � laSUr� . Fro Fihe ��fl�y��d anJ'supportirsg a�davits orsuppJeme++[al snnrn rertn++o+ry. I, theLav7ng OBfcer, liave determined lhat prolwbfe cause eruts w suPpor� subject m bail ar conditioJrc ofrnteare wkae �plicabl� D¢jendant(s} arrect orarher � 7aK�"ulstepsEeraRa+roobtainDef�+dm+t(s1aPP�'anceiacam'borhisdda#iaqFl�alreadYinastodS'.P�+du+B��P��B$. ' T7reDefendant(s} is/are thereof cha�ged witti the abm�e slated of(¢RSe I � � THEREFOR&, YOU, TXEABOPE-N.46£ED DEPEIIDANI(S1, .qRE ffEREBPSUMMONED W appenron th¢ ` day of at � befare the abovanamed cortt7 at w aruwer this complainG IF POUFAIL TO APPF.AR irt msponse to tleu SU1�lSONS, a FF'ARReSNTFOR POUR ARRESCshall be i.r.rued. � � EXEC71TEI1VMLNNESO�',4ONL�Y,� � SXBCl/TBNATIONWIDE To th¢ sh¢n;$'af ti�e nbov¢-nained eoun'!y; oth¢rpersoa aurh'orized ro ereeeite'thls W.4RI7itNT:' I hereby o�� ir+ the namr, oj tke SYate ofMfnnesatq that the abave-nmrsed Defendan[(s) be apprehended and arrected wittw�t delay arrd brougk! promptly before rhe above-named courf (iJin sessian, and ijnot, before aJudge orTudicralO�cer ofsuch cwrt wlibouf unnecessary deJay, and in any e�nt nor later than 36 hours aJter rhe arrest or as soon thereafter as such Jvdge ar.lvdicial0�cer is availa6t¢f w be deak with accordtng to law, � �� Since ahea6ave-naanedDejendana(s) ir adready is c�stody;• I hereby ordes, srabjeot fo baif or conditionr ofretease, that rhe a6oue-named Deferrdant{s) catlirwe ta be detained P¢ndingfurtherprnceedings. Baii: $ 50,000.00 I ConditiouojRekase: , t Thic COMPLA711�2'- 3�i4RRANT AND QRDER, duty subscribedandsworn to, is issued bl' Nee undwsiSxedJudtciaF OJfrcer this�dal'ol4.s�200� C __�_.._.. ---.____ , I TUDICIAL OFFICER: ' NAME: I � TlfLE: � 5xam testimoay has been given befare J1+e,ludiciaC Of�xcer by thejollawrng wiinerses: � STA'F'E OF MINNESOTA COUNTY OF RAMSEY ' STATE OF MINNESOTA � Plaintif� ' vs. ' JAVARLO LA5$A PERRY i Defendant(s) Clerk's Signt#f+n orFfle Stamp: R£T'URN OF SERViCE lhereby Cerhfy and Z£etum thatlhave served a copy qfthis COMPEAfNT-TYARRANFAND ORbp,R upon tke Delendant(s} hereire named a,m � CuA¢yF�eNO: 2053689 � . „ � � � � , , FINDIi�TGS O�' I+'ACT Prohable cause fa�nd that defendant committe3 the aff�nses oharg� Ordered defendant's motion to dismiss denied. Plea ofnot guitty to all co;m#s entered. Trial and hearing on ali issues set Dated: I �04'"� a, , ! �� . �, . �. .. ,� Y�;c5of5 o� /�� IDENTIFYING DATA: JAVARLO LASHA PERRY Hezght: $@SL: Other: Weight: �y�: Driver's License: Fingerprinted ❑ Yes State ID: MN92005&$2 Local IIJ: City o£ Violation: St Paul sns: ❑ No t 3(O1 b���� Adverse Acfions for Twin Star VFVJ Post 8854: 5/20/1999 — Notice of Violafion sent by City Attorney for selling a club card to an underage non-member for the purchase of alcohol during a failed compliance check. An uncontested public hearing was held on 7/14/99 and the licensee agreed to pay $500.00 fine which they paid on 8/19/99. 10/29/03 — Notice of Violation sent by City Aftomey for allowing a non-member to be served alcohol without si jp the guestbook. A public hearing was held on 12/17/03. Council imposed $1,000 fine but $700 of the fine was stayed for an 18-month period with the condition that 1) they pay the remaiuing $300.00 fine within 30 days of passage of this resolution; 2) licensee to immediately begin keeping membership and guest log books in a readable format and 3) that there be no fiu violations for a period of 18 months from the date of the original violation (CF #03-1111). $300.00 fine was paid 1/27/04. 3/11/04 —Notice of Violation was sent by City Attorney for not hauing the guest book in a readable format after being ordered by Council. 4/29/04 — LIEP and licensee met to discuss imposition of conditions in lieu of the $700.00 fine. 6/16/041icensee did not contact LIEP to discuss license conditions. 11/19/04 LIEP sent Stayed Suspension/Fine letter. $700.00 fine paid on 11/30/04. 11/14/06 — Notice of Violation sent by City Attomey for 1) not maintaining guest book; 2) ailowing non-members or bonafide guests to arder alcohol and 3) allowing weapons inside the establishxnent. t� � o>//� OFFICE OF THE CITY ATTORNEY .7ohn J. Choi, CityAnorney � ci� QF 'S��r �A� CiviZDivision CfAistopherB.CoTeman,Mayor 400CiryHaZl Telephone:651266-8710 ISWestKeZZoggB7vd FacsimiZe:651298-5619 SaintPaul, M"mnesofa SSIQ2 i November 14, 2006 NOTTCE OF VIOLATION Owner/Manager Twin Star VFW Post 8854 820 Concordia Avenue St. Paul, MN 55104 RE: All licenses held by Twin Staz VFW Post 8854, d/b/a Twin Star VFW Post 8854 for the premises located at 820 Concordia Avenue in Saint Paul License ID #0057268 Deaz Sir/Madam: The Office of License, Inspections and Environmental Protec$on has recommended adverse action against all licenses held by Twin Staz VFW Post 8854, d/b/a Twin Star VFW Post 8854 far the premises located at 820 Concordia Avenue in Saint Paul. The basis for the adverse action is as follows: On October 17, 2006, Saint Paul Police came to the Twin Star VFW Post 8854 after receiving information from an ATF Task Force officer that a person inside the club was wearing a bnllet proof vest and in possession of a controlled substance (CN #06215215). 'When they arrived, they entered the club through the front door behind a group of patrons and noticed there was no sign-in sheet as required by license condition #1 which states: "The only persons admifted into the Zicensed premised shall be members and their bona fide guests. Guest must register by signing the guest book when entering. The guest book must be placed at tke front door. When they approached the person in qqestion near the DJ area of the bar, they observed him remove a gun from his waistband and hide it behind a AVD player on a shelflcabinet. This is a violation of license condition #9 allowing a weapon inside the elub despite a wanding condition requirement which states: "The club rnust install a metal detector or wand patrons at the entrance." AA-ADA-EEO Employer 'r� s� vFw Post as�~ ( �j �—�� c� November 14, 2006 Page 2 As a result of this police reporE, an inspector came to your club on October 27, 2006 to reqnest a copy of the clnb's required log. After review of the log from the night of October 17, 2006, it was noted that the person arrested inside the clnb had not signed the gaest book that night. Again, this is a violation of license condition #1 which states: "The only persons admitted into the licensed premised shall be members and their bona fide guesfs. Guest must register by signing the guest book when entering. The guest book must be placed at the fi^ont door. It was also noted that there have been two previons violations of the guest book requirements within the past twelve (12) months. At the time of the inspection on October 27, 2006, the insgector alsu noted the stage was currently set up with a DJ booth and equipment that looked to be hooked up and ready to go. It also looked as if a dance floor was set up in front of the stage. This is a violation of license condition #8 which states: "The club must apply for an entertainment license if there is music or any other form of entertainmentprovided." Due to the fact that thexe were three license condition violations listed in this police report, the licensing office will recommend an upward depariure to a$1500.00 fine ($500 for each of the three violafions) and request that the DJ area be dismantled or the club apply for an entertainment license within 30 days. They will also request tfiat the foilowing condifion be placed on your license: The club must monitor the guest book to assa.�re that all signatures are legible and that each member use their Zegal name when signing the book Any bona fzde guests must sign the book using their Zegal name and indicate which member they are accompanying. All members and guests must sign in every night they come to the club. At this time you have two options on how to proceed: 1. If you wish to haue a public heazing befare the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a publia hearing. We will need to receive your letter by Monday, November 27, 2006. The matter will then be scheduled before the City Council for a public hearing to deteimiiie whether to isnpose the fine. You will have an oppozhwity to appear before the Council and make a statement on your own behalf. 2. If you 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. Paui City Council will ultimately decide the case. If this is your choice, please advise me by Monday, November 27, 2006, and I will take the necessary steps to schedule the adniinistrative hearing. AA-ADA-EEO Employer Twin Star VFW Post 883Y November 9, 2006 Page 3 � �? //� Please let me laiow no later than Monday, November 27, 2006, how you would like to proceed. If you have not contacted me by then, I will assnme that you are not contesting the facts contained in this letter. I will then schedule this matter for the St. Paul City Councfl and have it place on the Consent Agenda during which no public discussion is allowed and the Office of License, Inspection and Environmental Protection will recommend that the $1,500.00 fine be imposed. Please feel free to contact me if you have any questions at (651) 266-8710. Sincerely, � � Rachel Gund o Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP 3ames Shelton, Manager, P.O. Box 65481, St. Paul, NIN 55165 AA-ADA-EEO Employer STATE OF MINNESO� ^1 ) ss. AFFIDAVIT OF S� tVICE BY U.S. MAII. COUNTY OF RAMSEY } � � /�� JiJLIE KRAUS, being first duly sworn, deposes and says that on November 14 2006, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: OwnerlManager Twin Star VFW Post 8854 820 Concordia Avenue St. Paul, MN 55104 James Shelton, Manager P.O. Box 65481 St. Pau1, MN 55165 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �/ 3ulie Kraus Subscribed and sworn to before me this 14`" day of November, 2006 r G`�"'� 6 ,,.., �/�l - `,i�i,� No ary Public RI7A M. 8035ARD hqTARV PUBLiC• MINPESQTA MY COMMISSION EXPIRES JAN. 31, 201 0 Chapter 310. Uniform License Procedures Page 1 of 2 Sec. 3I0.05. Hearin v � �` / g procedures. (a) Adverse action; notice and hearing requirements. In any case where the council may or intends to consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a license, or the deniai of an application for the grant, issuance or renewal of a license, or the disapproval of a license issued by [fie State of Minnesota, the applicant or licensee shall be given notice and an opportunity to be heard as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department established pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action is or will be considered by the council, the applicant or licensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is entitled to a hearing before action is taken by tfie council. The notice shall 6e served or mailed a reasonable time hefore the hearing date, and shall state the place, date and time of the hearing. The notice shall state the issues involved or grounds upon which the adverse action may be sought or based. The council may request that such written notice be prepared and served or mailed by the inspector or by the city attorney. (c) Hearing. Where there is no dispute as to the facks underlying the violation or as to the facts establishing mitigating or aggravating circumstances, the hearing shall be held before the councii. Otherwise the hearing shall be conducted before a hearing examiner appointed by the council or retained by contrect with the city for that purpose. The app{icant or the licensee shall be provided an opportunity to present evidence and argument as well as meet adverse testimony or evidence by reasonable cross-examination and rebuttal evidence. The hearin9 examiner may in its discretion permit other interested persons the opportunity to present testimony or evidence or otherwise participate in such hearing, (c-1) Procedu�e; hearing examine�. The hearing examiner shall hear all evidence as may be presented on behalf of the city and the applicant or licensee, and shall present to the council written findings of fact and conclusions of law, together with a recommendation for adverse action. The council shall consider the evidence contained in the record, the hearing examiner's recommended flndings of fact and conclusions, and shall not consider any factual testimony not previously submitted to and considered by the hearing examiner. After receipt of the hearing examiner's findings, conclusions, and recommendations, the councit shali provide the applicant or ficensee an opportunity to present oral or written arguments alleging error on the part of the examiner in the application of the law or interpretation of the facts, and to present argument reiated to the recommended adverse action. Upon conclusion of that hearing, and after considering the record, the examiner's findings and recommendations, together with such additional arguments presented at the hearing, the council shall determine what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, conclusions and recommendations of the hearfng examiner. (c-2) Ex-parte contacts. If a license matter has heen scheduled for an adverse hearing, council members shali not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such discussion occurs on the record during the hearings of the matter or during the cou�ciPs final deliberations of the matter. No interested person shatl, with knowledge that a ticense matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or her staff until the council has taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry or communications regarding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragreph, shall mean and include a person who is an o�cer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensee. (d) Licensee o� applicant may be represented. The licensee or applicant may represent himself or choose to be represented by another. (e) Record; evidence. The hearing examiner shall receive and keep a record of such proceedings, including testimony and exhibits, and shall receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. (� Council action, reso(ution to contain findings. Where the council takes adverse action with respect to a license, licensee or appiicant for a license, the resolution by which such action is taken shall contain its findings and determination, including the imposition of conditions, if any. The council may adopt all or part of the findings, conclusions and recommendations of the hearing examiner, and incorporate the same in its resolution taking the adverse action. (g) Additional procedures where requi�ed. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such provisions shall be complied with and shalt supersede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A.415. (h) Disc�etion to hear nohvithstanding withdrawa! or surrende� of application or license. The cAUnci{ may, at http://www.stpaul.gov/code/Ic310.htmi 12/20/2006 Chapter 310. Uniform License Procedures Page 2 of 2 its discretfon, conduct a hearing or direct that a hearing be held regardfng revocation or denial o� li e�� � notwithstanding that the applicant or Iicensee has attempted or purported to withdraw or surrender said Iicense or application, if the attempted withdrawal or surrender took place after the applicant or licensee had been notified of the hearing and potential adverse action. (i) Continuances. Where a hearing for the purpose of considering revocation or suspension of a license or other disciplinary action involving a license has been scheduled before the council, a continuation of the hearing may be grented by the council president or by the council at the request of the licensee, license applicant, an interested person or an attorney representing the foregoing, upon a showing of good cause by the parLy making the request. (j) If the councit imposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepared by the license inspector and posted by the licensee so as to be visible to the public during the effective period of the adverse action. The Iicensee shall be responsible for taking reasonable steps to make sure the notice remains posted on the front door of the licensed premises, and failure to take such reasonable precautions may be grounds for further adverse action. (k) Imposftion of costs. The council may impose upon any licensee or license appiicant some or all of the coets of a contested hearing before an independent hearing examiner. The costs of a contested hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or harassment; (ii) the nature of the violation was serious, or involved violerice or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the licensee or employees thereof, and/or the circumstances under which the violation occurred were aggravated and serious; (iii) the violation created a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was su�ciently in control of the situation and therefore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew required insurance policies; (vi) the violation is covered by the matrix in section 409.26 of the Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (1) Imposition of fines. The council may impose a fine upon any licensee or license appiicant as an adverse license action. A fine may be in such amount as the council deems reasonable and appropriate, having in mind the regulatory and enforcement purposes embodied in the particular licensing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discretion of the council. To the extent any other provision of the Legislative Code provides for the imposiEion of a fine, both provisions shali be read together to the extent possible; provided, however, that in the case of any conflict or inconsistency, the other provision shali be controlling. (m) P�esumptive penalties for certain violations. The purpose of this section is to establish a standard by which the city council determines the amount of fines, the length of license suspensions and the propriety of revocations, and shall apply to all license types, except that in the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is listed. 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 substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. Type of Violation Appearance ist Znd 3rd 4th (1) Violations of conditions placed on the Iicense $500.00 fine $1,000.00 fine $2,000.00 fine and 10- Revocati day suspension (2) Violation of provisions of the legislative code $500.00 fine $1,000.00 fine $2,000.00 fine and 10- Revocati relating to the licensed activity day suspension (3) Failure to permit entrance or inspection by S-day 10-day 15-day suspension Revocati LIEP inspector or police suspension suspension (4) Commission of a crime other than a felony $700.00 on the premises by a licensee or employee (5) Commission of a felony on the premises by a$2,000.00 licensee or employee . $1,500.00 Revocation 5-day suspension n/a revocatii http:/lwww.stpaul.gov/code/1c310.htm1 12I20/2006 �icense Group Comments Text Licensee: SOPHIA VEGA INC �BA� VIADUCT INN MEXICAN AMERICAN CUISINE License #: 2nnaonna�aa _ health plan reviewfee. Total due is $�58.75. �vzuzoos � 7 i�� tt70r7�006 Marcia Moertnond di no receive any e ers iduct Inn Mexican American Cuisine. RS � 1!0'I/2006 CF06-994 waives 45 day notice for liquor licenses CAR �0/03/2006 Establishment closed when alcohol compliance check attempted. MED 10/10/2006 Notifications sent, response date '12/Ot/2006; 54M and 33EM.gb 09/28/2006 Per KS, petition requirement for Entertainment B application has been met with more than 60%. RS 09/20/2006 per Jim Seeger #06-127828, VB Category 2 repairs / building permit finaled. 08/'14/2006 letter sent for req not met. Response due August 25, 2006. cat