07-287Council File # � Z��
Green Sheet #�
Presented by
RESOLUTION
OF SAINT PAUL, IVIINNESOTA
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2 VJHEREAS, adverse action was taken against all licenses held by New Western Front, Inc., d/b/a
3 New Frontier Saloon (License ID# 20050001106) for the premises located at 230 Front Avenue in Saint
4 Paul, by Notice of Intent to Revoke Licenses dated February 8, 2007, alleging licensee failed to submit
5 required liquor liability insurance information requested and payment £or delinquent license and late fees
6 in violation of Saint Paul Legislafive Code 310.06 (b) (13); and
8 WHEREAS, the licensee did not respond to the Notice of Intent to Revoke Licenses to submit the
9 liquor liability insurance information requested and pay the delinquent license and late fees; and
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WI�REAS, the Notice of Intent to Revoke Licenses stated that if the licensee failed to submit the
liquor liability insurance information and pay the delinquent license and late fees by Febniazy Z0, 2007,
that the matter would be placed on the consent agenda to unpose the recommended penalty; now,
therefore, be it
RESOLVED, that all licenses held by New Western Front, Inc., d/b/a New Frontier Saloon aze
hereby revoked.
Requested by Department of:
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Adopted by Council: Date �� � ���UD7
Adoprion Certified by C cil Secretary
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Approvedby ox: Date �,P �. ,2pp 3
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Form ved�y City ttomey
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Form App ved Ma r fo mi n to Council
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�P — License/Inspection/EnvironProt � 08-MAR-07
Confad Person & Phone:
Rachei Gunderson
266-8710
Must Be on Council Aaen
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: Julie Kraus
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Assign 1
Number Z
For
Routing I 3
Order ( 4
5
ConWct Phone: 266-8776 I I
Total # of Signature Pages _(Clip Ail Locations for Signature)
Green Sheet NO: 3037598
�Licensel7nscectiodEnviron Pro[ I
CtiN Attorney I
or's 06ce Ma or/ASSistant
ouncil I I
Clerk C5 Clerk
Approval of the attached resolution to take adverse acrion against all licenses held by New Western Front, Inc., d/b/a New Frontier
Saloon (License ID#20050001106) for the premises located at 230 Front Avenue in Saint Paul.
iaanons: ,vpprove (H) or rt
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/frm 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 persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet antl attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed tn submit cequiced liquor Liability insucance informarion. Licensee also did not submit payment for delinquent license
and late fees in violation of Saint Paul Legislarive Code Section 310,06 (b) (13). After nodfication, licensee did not respond to the
Norice of Intent to Revoke Licenses.
AdvantageslfApproved:
Licenserevocarion.
DisadvanWges IfApproved:
None.
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
♦�r : � '
CostlRevenue Budgeted:
Activity Number: "O��'-�'� � .
March 15, 2007 11:42 AM Page 1
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OFFICE OF THE CITY ATTORNEY
7ohn T. Choi, CityAttorney
CITY OF S AIl�1T PAUL cN�rDrv�o„
Christopher B. Colemm�, Mayor 400 City Hall TeZephone: 6i7 266-87Z0
ZSYYesiKelloggBlvd FacsimiZe:657298-5679
_ Sa�i Pau1, .Lf'mnesota 55102
February 8, 2007
NOTICE OF INTENT TO REVOKE LICENSES
Jerry Neuspickle
New Frontier Saloon
230 Front Avenue
St. Paul, MN SSll7
RE: All licenses held by New Western Front, Inc., d/b/a New Frontier Saloon far the premises
located at 230 Front Avenue in Saint Paul.
License ID #: 20050001106
Dear Mr. Neuspickle:
The O�ce of License, Inspections and Environmental Protecfion has recommended
revocation of all licenses held by New Western Front, Inc., d/b/a New Frontier Saloon for the
premises located at 230 Front Avenue in Saint Paul. The basis for the recommendation is as
follows:
On August 10, 2006; you were sent a Notice of Intent to Suspend Licenses
from this office due to the fact that you had not paid your license and late
fees and had not submitted the required Liquor Liability insurance
requested. According to LIEP records, yoit have not paid your delinquent
license and late fees now totaling $8,864.00 from licenses that expired on
Apri13, 2006.
This is a violation of Saint Paul Legislative Code 310.06 (b) (13) which states:
"Such adverse action may be based on one (1) or more of the foilowing .
reasons......The licensee has failed to pay license fees within 60 days of the
date the fees are due. Licensee must pay any outstanding fees and delinquent
fees in total. Failure to do so within 60 days of the due date may result in
revocation of the license."
AA-ADA-EEO Employec
New Frontier Saloon
February 8, 2007
Page 2
At this time, you have four options on how to proceed:
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1. You can pay the delinquent license and late fees. You should make payment directly to
the Office of License, Inspecfions and Environmental Protection, af 8 Fourth Street East,
Suite 200, St. Paul, Minnesota 55101-1002 no later than Tuesday, February 20, 2007.
Informafion should be directed to the attenfion of Christine Rozek. A self-addressed
envelope is enclosed for your convenience. Payment of the delinquent license and lafe
fees will be considered to be a waiver of the hearing to which you are entitled.
2. If you wish to have a public hearing before the Saint Paul City Council, you will need to
send me a letter with a statement admitring the facfs and requesting a public hearing. We
will need to receive your letter by Tuesday, February 20, 2007. The matter will then be
scheduled before the City Council for a public hearing to deternune whether to revoke all
of your licenses. Xou will have an opportunity to appear before the Couneil and make a
statement on your own behalf.
3. If you dispute the above facts, you can request a hearing before an Administrafive Law
Judge. At that hearing both you and the City will be able to appeaz and present
witnesses, evidence and cross-exa�xiiue the other's witnesses. The St. Paul City Council
will ulfimately decide the case. If this is your choice, please advise me no later than
T'.:°9'�2� ]N'e�:::a.,� 2�, 2007, and I wi;i take the necess�uy steps to schedule tne
administrative hearing.
4. If you no longer wish to do business in ihe City of Saint Paui, you may send a written
statement to that effect to the Office of License, Inspections and Environmental
Protection; 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than
Tuesday, February 20, 2007. Information should be directed to the attention of
Christine Rozek.
If you have not contacted me by that date, I will assume you do not contest the revocation
of your licenses.
If you have questions about these options, piease feel free to contact me at 266-8710.
Sincerely, ,
9
Ra el
Assistant City Attorney
- cc: Christine Rozek, Deputy Director of LIEP
7erry Neuspickle, 2715 Midvale Place East, Maplewood, MN 55119
AA-ADA-EEO Employer
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Section 1.
Section 310.06 ofthe Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions:
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(a) Council may take adverse action. The council is authorized to take adverse action, as
defined in section 310.01 above, against any or all licenses or permits, licensee or
applicant for a license, as provided in and by these chapters. Adverse actions against
entertainment licenses issued under Chapter 411 of the Legislative Code may be initiated
for the reasons set forth in subsection (b) below, or upon any lawful grounds wluch are
communicated to the license holder in writing prior to the hearing before the council.
Such actions shall be initiated and carried out in accordance with the procedures outlined
in section 310.05; provided, however, that the formal norice of hearing shall be used to
initiate the adverse action without the use of prior procedural steps.
(b) Basis for action. Such adverse action may be based on one (1) or more of the following
reasons, which are in addition to any other reason specifically provided by law or in these
chapters:
(1) The license or permit was procured by misrepresentation of material facts, fraud,
deceit or bad faith.
(2) The applicant or one acting in his or her behalf made oral or written
misstatements or misrepresentations of material facts in or accompanying the
application.
(3) The license was issued in violarion of any of the provisions of the Zoning Code,
or the premises which aze licensed or which are to be licensed do not comply with
appficable health, housing, fire, zoning and building codes and regulations.
(4)
(5)
(6)
The license or permit was issued in violation of law, without authority, or under a
material mistake of fact.
The licensee or applicant has failed to comply with any condition set forth in the
license, or set forth in the resolution granting or renewing the license.
a. The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has violated, or perfoxmed any act
which is a violation o� any of the provisions of these chapters or of any
sYatute, ordinance or regulation reasonably related to the licensed activity,
regazdless of whether criminal charges have or have not been brought in
connection therewith;
b. The licensee or applicant has been convictad of a crime that may
disgualify said applicant from holding the license in question under the
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standards and procedures in Minnesota Statutes Chapfer 364; or
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ab-�v 7a._,
c. The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has engaged in ar pernutted a pattem
or practice of conduct of failure to comply with laws reasonably related to
the licensed activity or from which an inference of lack of fiiness or good
chazacter may be drawn.
('� The activities of the licensee in the Iicensed activity created or haue created a
serious danger to the public health, safeiy or welfare, or the licensee performs or
has performed his or her work or acfivity in an unsafe manner.
(8) The licensed business, or the way in which such business is operated, maintains
or permits conditions that unreasonably annoy, injure or endanger tfie safety,
health, morals, comfort or repose of any considerable number of inembers of the
public.
(9} Failure to keep sidewalks or pedesttian ways reasonably free of snow and ice as
requiued under Chapter 114 of the Saint Paut Legislative Code.
(10) The licensee or applicant has shown by past misconduct or unfair acts or dealings:
physical abuse, assaults or violent actions done to others, including, but not
limited to, actions meeting the definition of civninal sexual conduct pursuant to
Minnesota Statutes Sections 609342 through 604.3451; sexual abuse, physical
abuse or maltreatment of a child as defined in Mimtesota Statutes Section
626.556, subdivisions 2 and 10e, including, but not limited to, acts which
constitute a violation of Minnesota Statutes Secrions 609.02, subdivision 10;
609.321 through 609.3451; or 617.246; neglect or endangerment of a child as
defined in Mivuesota Statutes Section 626.557, subdivision 2; the manufachxre,
ilistribution, sale, gift, tielivery, transportation, exchange or bartzr of a controlled
substance as defined in Minnesota Statutes Chapter 152; the possession of a
confmlled substance as defined in Minuesota Statutes Chapter 152 in such
quantities or under circumstances giving rise to a reasonable inference that the
possession was for the purpose of sale or distribution to others; oz by the abuse of
alcohol or other drugs, that such licensee or applicant ?s not a person of the good
moral chazacter ar fitness required to engage in a licensed activity, business or
profession.
(11) The licensee or applicant has materialiy changed or permitted a material change
in the design, construction or configuration of the licensed premises without the
prior approval of the city council in the case of Class N licenses, the director in
the case of Class T licenses, and the inspector in the case of Class R licenses, or
without first having obtained the proper building permits from the city.
(12)
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The tesms "ficensee" or "applicant" for the purpose of this secfion shall mean and include any
The licensee or applicant has violated sectiori 294.01 of the Legislative Code, or
has made or attempted to make a prohibited ex parte contact with a council
member as provided in section 310.05(c-2) of the I,egislative Code.
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. person who has any interest, whether as a holder of more than five (5) percent of the stock of a
corporation, as a parFner, or othenvise, in the premises or in the business or acrivity which are � b "��- 7 �
licensed or proposed to be licensed.
With respect to any license for activities enritled to the protection of the First Amendment,
notwithstanding the foregoing provisions, neither the lack of good moral character or fitness of
the licensee or applicant nor the content of the protected speech or matter shall be the basis for
adverse acizon aga.inst the license or applicaiion.
Section 3
This ordinauce shalt take effect and be in force thir[y (30) days following its passage, approval
and publication.
PL'i�s_�=�
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Form�pr�d 1yi Ci Attorney
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Adoption Certified by �Cauncil Secretary
• � • STATE OF MINNESOTA) �� Z��
) ss. AFFIDAVIT OF SERVICE BY U.S. MAII.
COUNTY OF RAMSEY )
Julie Kraus, being first duly sworn, deposes and says that on the 8'� day of February, she
served the attached NOTICE OF INTENT' TO REVOKE LICENSES by placing a true and
correct copy thereof in an envelope addressed as follows:
Jerry Neuspickle
New Frontier Saloon
230 Front Avenue
St. Paul, MN 55117
7erry Neuspickle
2715 Midvale Place East
Maplewood, MN 55119
(which is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
. 1 �
Julie Kraus
Subscribed and sworn to before me
this 8�' day of February, 2007
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Notary Public
RITA M. BOSSAf2D
NOTARY PUBLIC • MINNESOTA
MY COMMISSION
�r EXPIRESJAN.31�201�0