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07-473Council File # C� 7 Green Sheet # 3040140 RESOLUTION CITY OF SAINT PAUL, MfNNESOTA Presented by �� WHEREAS, the Legislative Hearing Officer recommends that the application for a request for Liquor On Sale—Over 100 seats, Liquor On Sale—Sunday, Liquor On Sale-2 AM Closing, Entertainment (B), Restaurant (B}--more than 12 seats, Restaurant (D�Add on (Bar Only), Gambling T.ocation and Liquor-Outdoor Service Area (Patio) licenses for Arnellia Allen, doing business as Schweitz Saloon located at 956 Payne Avenue be referred to an Administrative Law Judge. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby refers this license application to an Administrative Law Judge. Benanav Boshom Hazris Helgen Lantry Montgomery Thune Yeas Nays Absent ✓ � ✓ v ✓ ✓ ✓ � � � Adopted by Council: Date Adoption Certified by Council Secretary � � Requested by Department oE � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Approved by May � �e � l � � ��.�"' ` ���L�S�� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � O � CO -co,mcil CoMact Person & Phone: Marcia Moertnond 26G8570 Must Be on Council /\qenda by (Date) 06-JUN-07 Doc. Type: RESOLUTION E-Doeument Required: Y Document Contact: Jean Birkholz CoMact Phone: 266-8673 24MAY-07 y Assign Number Por Routing Order Total p of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3040140 0 �omc� I 1 oancil Deparhnent D'uec[or i 2 , ity Clerk I GtiN Clerk 3 4 5 I Referring the license applicarion to an Admiuistrative Law Judge, per the Legislative Hearing Officer, for Liquor On Sale-Over 100 seats, Liquoi On Sale-Sunday, Liquor On Sale-2 AM Closing, Entertainment (B), Restaurant (B)-more than 12 seats, Restaurant (D)-Add on (Bar Only), Gaznbling Locarion and Liquor-Outdoor Service Area (Patio) licenses by Arnellia Allen, dba as Schweitz Saloon, 956 Payne. , Planning Commission CIB Committee Civil Service Commission 1. Has this personlfum ever worked under a confract fw this deparfinent? Yes No 2. Has this perso�rm ever been a city employee? Yes No 3. Does this person�rm possess a skill not normally possessetl by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): Ativantages If Approved: Disadvantages If Approved: DisadvanWges If Not Approved: Transaction: Funding Source: Financia{ Information: (Facplain) Cosf/Revenue BudgMed: Activity Number: May 29, 2007 2:51 PM Page 1 0�-�73 LICENSE HEARING MINUTES Schweitz Saloon located at 956 Payne Avenue Thursday, May 10, 2007, 10:00 a.m. 330 City Hall, 15 Kellogg Boulevard West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:13 a.m. Staff Present: Kristina Schweinler and Larry Zangs, Department of Safety Inspections (DSI); and Jean Birkholz, Council Research Others Present: Arnellia Allen, owner/applicant; LeRoy Daniels, perspecfive manager; and A.L. Brown, District Five Planning Council Schweitz Saloon: Liquor On Sale—Over 100 seats, Liquor On Sale—Sunday, Liquor On Sale---2 AM Closing, Entertaiument (B), Restaurant (B}--more than 12 seats, Restaurant (D}—Add on (Bar only), Gambling Location and Liquor-Outdoor Service Area (Patio) licenses Ms. Moerxnond stated that this is an informal heazing for a license application for a Class N License which requires neighborhood notification. Other Class N Licenses include: auto repair, auto sales, gambling, liquor, etc.—things that have an immediate impact on the neighborhood. The City received several letters of concern about the issuance of this license which means that a Legislative Hearing was necessary. There are three (3) possible outcomes to this hearing. Ms. Moermond could: 1) recommend to the City Council that they grant this license without any conditions; 2) recommend to the City Councii that they grant this license with agreed upon conditions; or 3) recommend to the City Council that they do not issue this license but instead, take an adverse action on the application which could result in going to an Administrative Law Judge for a hearing. The Administrative Law Judge would make a recommendation and findings that go back to the City Council. Those recommendations and findings would be heard in a public hearing where people would have a chance to comment on them, and the Council could accept or reject in whole or in part what the Judge says; the Council is the decision-maker. At that point, the Council could force you to accept conditions onto the license which you otherwise would not find acceptable. That decision could be litigated further. Usually, if it goes that faz, it takes from four (4) to six (6) months, and most people choose to hire an attorney. Ms. Moermond would use this option if she thinks that there's no way that this business is workable at this location or if she thinks that there are conditions that are absolutely necessazy to make it workable that the applicant finds unacceptable. This morning, Ms. Moermond stated that she wi11 begin with a staff report. Staff will be asked to explain their review of the application and wiil also explain their recommendation. Then, she will ask the applicant to talk about the business plan. Next, she will hear from people who are here in support of the issuance of the license and those with concerns about the issuance of the license. She will put on the record any emails or letters that the City received. Then, she will talk about how to deal with some of those concerns. Finally, Ms. Moermond will make a recommendation which will be presented to the City Council. Mr. Larry Zangs, Department of Safety Inspections, reported that staff has drafted fifteen (15) conditions for the license. Several items have come up with regazd to building, environmental health, zoning and pazking. Mr. Zangs waiked the hearing office and applicant through a map that had been highlighted with different colors to illustrate the problems. Lots 13 and 14 aze the land that Schweitz Saloon parking is located on. The lots are under two (2) owners. Mike Hafner owns Lot 14 and D � 73 Marianos own Lot 13. Mr. Hafner was interested in trying to rent his space at 946 Payne Avenue (Lots 18 and 19). A question of off=street pazking came up for Mr. Hafner's perspective tenant. That led staff to the discovery that the parking lot that they had always thought was part of Schweitz Saloon was in fact, separately owned parcels of land, which makes things complicated. Zoning had originally approved the applicanYs use based on the assumption that the parking (27 spaces) to the east of the Schweitz building was under ownership or control of the Schweitz Saloon. Mr. Zangs received a phone call from Mr. Hafner indicating that he had not and would not enter into any lease agreement for parking but that has since changed. Mr. Hafner has signed a shazed parking agreement. Ms. Moermond clarified that 956 Payne (pazcel 16 on the map) is listed as Schweitz Saloon and highlighted in blue; pazcel 13 is listed as the Mariano property, cleazly associated with Schweitz'. She asked if this all was under Mariano ownership and up for sale. Mr. Zangs replied that it was. So, Ms. Allen would be purchasing both parcels on a Contract for Deed? Ms. Allen responded that she would be. Mr. Zangs added that there's another parcel involved, the one that includes the patio. Under the tax records, Lot 17 is owned by a Leonardo Contraris. When he questioned Ms. Mariano about that, she indicated that the City had approved a lot split for that (the patio). Since then, Mr. Zangs investigated it and the City in 2005 did approve a lot split for this, with conditions. The azea that Ms. Mariano controls is highlighted in pink. However, when the City approves a lot split, it still needs to be recorded with Ramsey County and this lot split has not been recorded. It is not a recognized transaction until iY s been recorded with the county. Mr. Zangs cannot find any record of it being recorded. Staff is requiring as part of the conditions, that the pink highlighted portion of Lot 17 be combined with Lot 16. Because the roof drains onto Lot 17, there's a condition to provide some kind of drainage easement. This was all explained to Ms. Mariano in August of 2005. At this point, staff has no evidence that she's recorded any of that. Those issues need to be addressed before the City can issue the license. Also, the sliding glass door to the patio does not meet building code requirements. The door to the patio needs to be a standard door; sliding doors are considered a safety hazard. Another building code concern is the rear exits, both lower level and second floor. Because of the type of use of this structure, the building code requires that there be two (2) emergency exits provided per floor. The exits that go out to Payne Avenue meet code. The two (2) exits that now go out to the rear (east), exit onto someone else's property. There is no record of any easement or any permission given for Schweitz' patrons to be able to exit onto Mr. Hafner's property in order to get to the public way, Case Avenue, or to the alley to the south. So, in case of an emergency, this structure needs to provide two (2) exits out to the public way. There's no easement to Mr. Hafner's property that allows Schweitz' patrons to do that. The City will be requiring an easement for that purpose; it will need to be worked out between the property owner and Mr. Hafner because if Mr. Hafner decided to redevelop his lot (Lot 14), he would be able to do that and not allow access to Schweitz Saloon patrons. At this time, Mr. Zangs said that he couldn't think of any conceivable way to get two (2) exits going out to Payne Avenue to meet the building code requirements. Regarding the shared parking agreement, it was staff's understanding that this parking had been traditionally provided for the bar and that it still needs to be maintained for the bar. Staff also recognized the need for parking for Mr. Hafner's property and the code does allow for a shared parking agreement; such an agreement has been drafted. Ms. Allen should be a party to this agreement and so far, she is not. DSI is asking that the shared parking agreement be rewritten to include Ms. Allen. Mr. Zangs noted that a health inspection is also required for the existing food and beverage facilities within the bar. Regazding the possibility of offering a Sunday brunch, Mr. Zangs said that food prepazation faciliUes at the bar are very limited. At any rate, an environmental health review and 2 D � evaluation wili be necessary to discuss food options at this site and a health inspection is required. Ms. Allen responded that there isn't a kitchen at the site anyway; they'd probably do just pizza as has been done in the past. Mr. Zangs added that since Ms. Alien will be the new owner, all of the equipment will need to meet current state health code. Mr. Daniels noted that this license application has been in over five (5) months. Before then, another license was about to be issued at that location. The reason it wasn't issued was a financial reason but he didn't have to go through all this. Ms. Schweinler and Mr. Zangs assured Mr. Daniels that he was beginning to go through all of that but everything stopped when the financial problems were realized. Mr. Daniels commented that Ms. Allen would not have intervened if she had been aware of all the problems that would need to be solved, especially for the price that was being asked for the property. He added that he didn't believe Ms. Allen would be able to cover the cost for all the items mentioned by stafF. Mr. Zangs stated that all of the issues mentioned will need to be addressed prior to the issuance of the license. Of the fifteen (15) conditions that are currently on the license, some address the properCy issues. Ms. Moermond stated that the notification that went out to the neighborhood indicates no recommended license conditions. In the review that has occurred in the weeks between when this notification went out and today, staff has become aware of these property issues and subsequently drafted conditions to deal with these issues. She asked whether the applicant has seen these conditions. Ms. Allen responded that she has not. Mr. Zangs noted that there is a copy at the table in front of Ms. Allen. Ms. Schweinler stated that the fifteen (15) conditions that aze attached will be required. Also, the following inspections need to be made and approved: 1) building; 2) environmental health; 3) zoning; 4) fire; and 5) licensing would sign-off the pending license application following compliance with the conditions. Ms. Moermond commented that she received an email from the District Five Planning Council indicating that additional testimony would be forthcoming; however, no additional written material has been received. Mr. A. L. Brown, Chair of the Community Planning and Economic Development Committee, District Five Planning Council, provided testimony. Mr. Brown noted that they heard this issue on two (2) occasions. The committee had concems about their ownership and operation of Arnellia's Bar on University and the history of crime incidents there. Committee members questioned whether this operation would be a safe business. Schweitz' bar is rather historic on the East Side and no one wants to see it closed. It's a neighborhood bar and one of the nicer East Side shuctures for bazs and so, the District Five Planning Council is taking a particulaz interest in what happens there. District Five gathered the previous police reports related to Arnellia's. The biggest concern is how this bar is going to be managed. District Five does not want to be instrumental in transporting a problem from University to Payne Avenue, a trouble area in the process of being cleaned-up. The committee did not have the confidence to vote in favor of this license; they feared that the bar would not be safely managed. The prior history of how Arnellia and Mr. Daniels operate other bars is not satisfactory. The committee didn't think that they were forthcoming about how the license restrictions on their prior license came to be. At one point, they said that they put the cameras in voluntarily; but then, the committee found out later that it was part of a condition on their license. The committee didn't feel, also, that they would provide the proper security. Mr. Brown said that Mr. Daniels had managed Jazzville. That bar also had previous major incidents, anything from stabbings to shootings. Neither District Five nor the neighbors are interested in having any of that on the East Side. The district council has not always been pleased with how Schweitz' has been managed in the past. The problem is that it sits right on Payne Avenue 07 and the problems cannot be contained. The operators of this establishment need to be able to demonstrate that they can control their clientele and there's just no evidence of that. Mr. Brown also stated that many of the conditions deal with security; however, he doesn't think that they will be sufficient. It is his understanding that Mr. Daniels will be the manager of the Schweitz Saloon and Ms. Allen will oversee the Saint Paul Arnellia's location—that is part of the concem of the district council. Ms. Moermond asked Ms. Schweinler to read the condirions: 1. The licensee will provide working video surveillance cameras and recorders on the premises to provide documentation of activities on all of the interior and exterior areas of the establishment. This equipment must be in operation during all business hours. Tapes must be maintained for thirty (30) days and must be immediately available to the Saint Paul Police Department and the Departrnent of Safety and Inspections upon request. The surveillance system must meet with the approval of a designated representative of the Saint Paul Police Department with regard to the number, type, placement and direction of the cameras in order to assure adequate observation of the premises. The surveillance cameras and recorders must be installed and operational before the licenses will be issued. 2. The licensee shall maintain a list of all patrons who have been banned from the establishment for assaultive, disorderly or disruptive behavior. The list shall include the name and description of the banned person as well as the date such person was banned. The list must be immediately available to the Saint Paui Police and the Department of Safety Inspections upon request. 3. Security personnel sha11 be assigned to each entrance starting at 9 PM and shall remain until all patrons have left the licensed premises. Security personnel shall "wand" (using a metal detector) each patron and check all handbags and packages carried by patrons. Securiry personnel shall employ the use of an electronic card readers at each entrance starting at 9 PM. Security personnel shall verify the age of patrons by checking state or federally issued identification cards (without a picture I.D., no entrance is allowed). Customers re-entering the establishment shall be subject to the same security measures as customers entering the establishment for the first time. 4. Security personnel will monitor the parking lot. 5. Security personnel shall wear distinguishing clothing which cleazly indicates that they are security. 6. All smokers shall be monitored by the security personnel to insure that there is no excessive noise outside of the establishment. 7. The license holder, security staff and employees of the establishment sha11 cooperate with the police by calling for assistance when there is a threat of violence or other criminal behaviar inside or outside the establishment. 8. At least once each day, the licensee will pick up and dispose of all trash on the licensed premises, including the pazking lots. 9. Alcohol Awareness Training shall be required each yeaz for all employees. 10. A Shared Parking Agreement must be obtained and maintained to allow for the use of the parking lots (lots 13 and 14, block 2A; PIN #s 292922420013 and 292922420014) located in back of and adjacent to the licensed premises. Arnellia Allen must be named as a party to the parking agreement. 0 e � 11. An easement over the adjacent pazcel (legally described as JOSEPH R. WEIDE'S SUBDNISION OF BLOCK 24, ARI,INGTON HILLS ADDITION TO ST. PAUL, M1NN. LOT 14 BLK 24, owned by Michael A. Hafner & Jean M. Hafner). The purpose of the easement is to maintain required emergency egress to the public way, per the state building code for the properiy at 956 Payne Avenue. 12. A lease must be obtained for the use of the patio which is located on the Iot immediately to the south of the licensed premises. Without such a lease agreement (or proof that the land on which the patio is located has been purchased by the licensee), the patio may not be used and the opening from the licensed premises to the patio must be permanently closed and filled-in according to building code requirements. 13. If an agreement to allow the use of the patio is obtained, the sliding glass door entrance/exit must be replaced with a door that meets building code requirements. 14. Licensee must be in compliance with a11 conditions prior to the issuance of the license and must remain in compliance at a11 times. 15. The license will be reviewed in three (3) months with the neighborhood to determine if the license conditions are adequate. The Department of Safety Inspections does not have a recommendation at this time. Ms. Moermond asked Ms. Allen to explain her business plan. Ms. Allen stated that there will be no connection with Arnellia's on University. Her son, Jerry Allen, would also be a manager. She intends to appeal to a more mature crowd. She would nott provide hip-hop music, perhaps jazz. It would be totally different from Arnellia's. She feels that it would be embarrassing for the older people to be searched. Mr. Daniels stated that they intend to hire some of the staff that the previous owner employed. Maureen said that she would stay with Arnellia for five (5) or six (6) months during the transition. In the proposal, they said that they would have R&B, jazz and blues music, no hip-hop. They will have bouncers and security cameras all around, in time. He said that the problems Mr. Brown talked about in Jazzville had not been his fault. He said that Ms. Schweinler has known him for twenty-five, thirty years; she knows what he is capable of doing. He added that the record doesn't show the good part; it reflects only the bad. The record doesn't show where he and Arnellia have helped the community— donated to the community—helped homeless people, especially, women with kids. They hy to run a good establishment; they are good people, not bad. Ms. Moermond asked Mr. Dainels how the management style will be different so that he won't have the same probiems he has experienced in the past. Mr. Daniels responded that music plays a big part. What they had in the past was the wrong thing to attract people. They tried to give the young people some place to go because they don't have any place to go but the young people don't know how to act after they get in. One bad apple messes up the whole barrei. The problems at Arnellia's and Jazzville were the same; they dealt with young people. So, at this location, it was their intent to attract an older, more mature crowd—a crowd that dances, maybe; one that can sit back and relaY—without disturbing the neighborhood. More security would also be needed, starting at 9 p.m Ms. Allen added that they would not be catering to the young crowd but an older crowd. Right now, Arnellia's is not catering to the young crowd and there hasn't been too many problems. She intends to be at the new place every day, E o�-y7� only not, a11 of the time. There will be three managers: 1) Mr. Daniels; 2) her son, Jerry; and 3) she's still deciding on the third person. Ms. Moermond asked staff about the history or Arnellia's and Jazzville. Ms. Schweinler noted that her history with both Ms. Allen and Mr. Daniels goes back several decades. When she first became employed with the City of Saint Paul, Mr. Daniels was with People's Choice; Ms. Allen was with Twin Star. She said that she believes both Ms. Allen and Mr. Daniels aze kind and gentle people and therefore have attracted some people who have used them in the past. Ms. Schweinler went through their documented history with Amellia's and Jazzville. At Arnellia's on June 5, 2005, there was a waming for a failed alcohol compliance check; Council File 95-1023 was a one (1) day suspension for a second failed alcohol compliance check; Council File 96-1485 was a six (6) day suspension with 3-day stayed for a violation of 310.b for 104 police calls in 1'/z year period; on December 22, 1997, they received a letter from Bob Kessler, director of LIEP, warning Arnellia that there had been shots fired outside the bar and such activity is not acceptable; on March 9, 1999, there was a weapons warning sent to them from the City Attorney's Office due to a stabbing incident inside the baz; Council File 00-585 was a 45- day suspension, fifteen (15) day suspended for failure to provide video as required in the license conditions (the second violation of video requested after a shooting); Council File 01-494 was connected to the previous one—a 30-day suspension for failure to maintain the video; Council File 01-866 was a one (1) day suspension for being open during the time that the license was suspended; on October 8, 2001, they failed another alcohol compliance check; on September 23, 2000 conditioned violation warning for failure to provide usable video; and on February 20, 2004, a patron was shot inside the bar; on October 4, 2006, a fine for serving a minor who was related to the bar shooting of 2-20-04. At Jazzville, in 1999 there was a two (2) day suspension for failure to use the metal detector; on May 10, 2000, a license suspension for six (6) days for a second violation for having a weapon inside the establishment; on December 5, 2000, there's a video violation; on March 29, 2Q01 there was $1,OOQ penalty for liquor leaving the establishment; on May 16, 2001, a 90-day closure for failure to maintain video during an assault; on October 30, 2001, the licensee surrendered his license in exchange for dropping an adverse action. Ms. Moermond asked whether Mr. Daniels was the license holder for Jazzville. Ms. Schweinler responded that Mr. Daniels' mother was the license holder for Jazzville; Mr. Daniels was the manager. She added that a lot of the conditions for this license are already on Amellia's license and on many other bars in Saint Paul. Liquor licenses are highly regulated in Saint Paul and aze one of the most volatile types of licenses that one can hold. Things have a history of getting out of hand ` and going awry when liquor is combined with some of the other issues in this part of town. Ms. Moermond asked about Mr. Daniels' employment with People's Choice. Ms. Schweinler responded that Mr. Danieis was the manager of the People's Choice, an established private club, during its tenure. It is no longer in business; their licenses were revoked. Ms. Moermond asked Ms. Allen whether the conditions were agreeable to her. Ms. Allen responded that she was agreeable to all conditions except condition #3 which requires security personnel at each entrance beginning at 9 PM. She stated that she would be agreeable to that condition for Thursday, Friday and Saturday nights, only. Regarding condition #7, Mr. Daniels said that he thought at some point, calling the police goes against the establishment. Ms. Schweinler responded that the number of calls don't go against the establishment unless the calls are not coming from the establishment, but from the neighbors, police or victims. Ms. Allen said that she was not comfortable with condition #3's searching people's handbags. She said that older people become offended with that type of thing. Ms. Schweinler added that this condition is o �-�7�3 not just for her place but a condirion that is being placed on a number of locations. Things come into an establishment without anyone knowing, so this provides security for the patrons and the employees. Ms. Moermond noted that she has seen signs in places that say, "We apologize for the inconvenience...." You can't go to the Xcel Center without opening up your purse these days. Ms. Schweinler added that the City does have a procedure for adjusting/removing conditions, if, for instance, there have been no problems after a yeaz. Ms. Moermond reviewed the letter from Virginia Perry, St. Paul Floral, who is concerned that the neighborhood cannot take additional problems coming in as was experienced at Amellia's on University Avenue. Mr. Daniels stated that they do not want to force this business into the neighborhood if they don't have the blessing of the people in the area. They would like to be welcomed. The place will not survive if people think there will be problems. Ms. Allen fell in love with the place when she first saw it. Ms. Allen added that if they aze not wanted there, she may have all kinds of problems and she doesn't want to have any problems. She said that if she hadn't invested all this tnoney, she would withdraw. The people are expecting all bad things. She doesn't want to start the business feeling unwelcomed. Ms. Moermond called for a 10-15 minutes recess to review materials regazding their past licenses. When the hearing reconvened, Ms. Moermond asked Mr. Zangs to review this application timeline. Mr. Zangs reported that a partiai application was received on December 12, 2006. Staff reviewed the partial application and on February 7, 2007, wrote a letter advising Ms. Allen of items that were still missing from the application. By March 7, 2007, the application was complete. On March 5, 2007, staff sent out the required 45-day neighborhood notice. Any comments or objections had a deadline of Friday, Apri120, 2007. The problem issues with the properly were discovered after the notice went out. A letter went out to Ms. Allen on April 16, 2007 indicating that there were problems with off-street parking. The ownership and zoning issues were discovered later. Ms. Moermond asked when payment was received for processing the application. Mr. Zangs responded that payment was received December 12, 2006. Ms. Schweinler stated that this application process did not take longer than most; it took an average length. When all information comes in at once, things work a little faster. Ms. Moermond stated that she is satisfied that this application was reviewed in a relatively timely manner. Ms. Moermond stated that there are significant problems with the pazcel and the placement of the building on the parcel. There are problems with the layout of the parking and the shared parking agreement. All of these things aze dealt with in the conditions on the license. Ms. Moermond stated that she is concerned about the number of technical problems that there are with the lay of the land. In addition, she has concerns just in reviewing a liquor license application from Ms. Allen because there is a history there which makes this especially heavy duty. Things on Universiry hadn't gone well for a very long time; currently, they aze going better. Having Mr. Daniels as manager also raises concerns because of the significant problems with his past management history. Given both Ms. Allen and Mr. Daniels histories, Ms. Moermond noted that she is siuprised that there is no recommendation coming from staff to deny the license. This Payne Avenue neighborhood is having its own significant troubles. There's a lot of vacant land and vacant properties and there are a lot of challenges right now, including the social problems that come with that. She thinks that the presence of a poorly managed bar will only exacerbate the problems that this neighborhood is experiencing, so she needs to put this decision under an even stronger microscope to make sure that if any liquor related use goes in there, that it's very well managed and doesn't make things worse for an already troubled area. 7 D � Ms. Moernnond stated that she will recommend to the City Council that they refer this license application to the City Attorney's Office for adverse action which is short hand for saying that she doesn't think Ms. Allen should have the license here and she doesn't think there are conditions that will make this an acceptable bar at this location. The hearing was adjoumed at 11:53 a.m. /jab