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07-591Council File # � ] �� Green Sheet #� RESOLUTION SAfNT PAUL, MINNESOTA �S Presented by 1 WHEREAS, On February 12, 2007 and Mazch 22, 2007, the Legislative Hearing Officer conducted 2 public hearings regazding the Liquor On Sale — Over 200 Seats (A); Liquor On Sale- Sunday; 3 Entertainment (B) and Restaurant (C) — Limited license applications submitted by Selvig, Inc., d/b/a Cab's 4 Pub and Eatery (License ID #20060003577) for the premises located at 992 Arcade Street in Saint Paul; 5 and 6 WHEREAS, On April 18, 2007, the Saint Paul City Council adopted The Legislative Hearing Officer's recommendation (CF #07-342) and refened the license applications to the City Attorneys Office for adverse action; and 10 11 12 13 14 15 WHEREAS, adverse action was taken against the above-mentioned applications by Notice of Intent to Deny Licenses dated May 30, 2007, alleging that licensee violated license conditions by failing to properly manage the business based on neighborhood complaints regarding noise and patron behavior at the establishment; and 16 WHEREAS, the licensee did not respond to the Notice of Intent to Deny Licenses to contest the 17 allegations; and 18 19 WHEREAS, the Notice of Intent to Deny Licenses stated that if the licensee failed to contest the 20 allegafions June 11, 2007, that the matter would be placed on the consent agenda to impose the 21 recommended penalty; now, therefore, be it 22 23 24 25 26 27 28 RESOLVED, Liquor On Sa1e — Over 200 Seats (A); Liquor On Sale- Sunday; Entertainment (B) and Restaurant (C) — Limited license applications submitted by Selvig, Inc., d/b/a Cab's Pub and Eatery are hereby denied. Benanav Bostrom Aarris Thune Adopted by Council: Date Adoption Certified by Coum By: Approved by — or � BY� n ,_ ✓ Requested by Department o£ B f } Form By: Form By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � O 7 // SI — nepcofsafery&tmpeo9ons � 1s,luN-07 Conqct Person 8 Phone: Rachel Gunderson 266-8710 Doa Type: RESOLUTION E-Document Required: Y Docume�tCnnWd: JulieKraus Contad Phone: 2668776 �/ Assign Number For Routing Order TaWI # of Signa[ure Pages _(Clip All Locations for SignaWre) Green Sheet NO: 3040970 0 ept of Sa@tv & Iospec4oas 1 �t of S fety & Insnections I D oar�ent D'vector 2 " Attorne 3 a or•s Office Ma oHASS"stant 4 ouncit 5 ' Clerk Cti Cierk Approval of the attached resolution to take adveise acflon against the Liquor on Sale - Over 200 Seats (A); Liquor On Sale - Sunday; Entertainment (B) and Restaurant (C) - Limited license applications submitted by Selvig, Inc., d/b/a Cab's Pub and Eatery (License ID#20060003577) for the premises located at 992 Arcade Street in Saint Paul. Planning Commission 1. Has this person/firm ever worked under a contract for this departmenY? CB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does this personlfirm possess a skili not normally possessed by any current city employee? Yes No E�cplain all yes answers on separete sheet and attach to green sheet Initiating Problem, issues, Opportunity (Mlfio, What, When, Wfiere, Why): After a Legislarive hearing, the license applications were refened to Ciry Attomeys Office for adverse acfion per St. Paul City Council (CF #07-342). After norification, licensee failed to respond to the Notice of Intent to Deny Licenses. AdvanWges IfApproved: License denial JUN 2 1 2007 Disativantages If Approved: None Disadvantages If Not Approved: Trensaction: Funding Source: Financiailnformation: (Explain) CosVRevenue Budgeted: Activity Number: Fs:. • JUN 2 2 2007 June 19, 2007 9:52 AM Page 1 %� � � (_ � 7-,�/ OFFICE OF THE CITY ATTORNEY John J. Choi, CityAnormey CI � O � ` PA� � Civil Division Christopher B. Colemmr, Mayor 400 City HaZl IS WestKeZZoggBlvd Samt Paut, �nnesota 55702 i May 30, 2007 NOTICE OF IN't'�NT TO DENY LICENSES Owner/Manager Cab's Pub and Eatery 992 Arcade Street St. Paul, MN 55106 Telephone: 65I 266-87I0 Facsim i7e: 65l 298-5619 RE: Liquor On Sale-Over 200 Seats (A); Liquor On Sale - Sunday; Entertainment (B) and Restaurant (C) - Liuuted license applications submitted by Selvig Inc., d/b/a Cab's Pub and Eatery far the premises located at 992 Arcade Street in Saint Paul License7D #20060003577 Dear Sir/Madam: The Department of Safety and Inspections has recommended denial of the Liquor On Sa1e-Over 200 Seats (A); Liyuor On Sale - Sunday; Entertauuuent (B) and Restaurant (C)- Limited license applicafions submitted by Selvig Inc., d/b/a Cab's Pub and Eatery for the prexnises located at 992 Arcade Street in Saint Paul. The basis for the recommendation is as follows: According to records in the Department of Safety and Inspections, Karen Selvig assumed management responsibilities for Cab's Pub and Eatery by virtue of a lease agreement dated November 1, 2006. Since that lease, you have met with licensing staff and Saint Paul Police over recent concerns and license conditions to address those concerns. On February 12, 2007 and March 22, 2007, the Legislative Hearing Officer conducted public hearings on the above-mentioned applications. At that hearing, neighbors testified that the noise level and patron behavior at your establishment was disruptive to the neighborhood. Fnrther you displayed a disassociation in reference to the behavior on the outside of the bar which included comments that you did not want your staff going outside the building because of the unsafe conditions. AA.-ADA-EEO Employer Cab's Pub and Eatery ( � � 7 May 30, 2007 Page 2 In addition, during the conrse of your management, you have either failed to abide by Hcense condifions or failed to do so in a timely manner as you had promised: Condition #1 which states: "The licensee will provide working surveillance cameras and recorders on the premises to provide documentafion of activities on all of the interior and exterior areas of establishment... ". This condition was to have been met no later than March 16, 2007. However, at the March 22, 2007 Legislative Hearing yon indicated that cameras had not been installed. Condition #2 which states: "The licensee must maintain a list of customers banned from the establishment for assaultive, disorderly or disruptive behavior. At the March 22, 2047 Legislative Hearing , licensing staff indicated that you agreed only two days earlier to bring this list to the hearing. In addition, you stated you were unaware this was a condition of the license for which you were applying. You had still not provided this list to staff by Apri15, 2007. Conditiun #8 which states: "License holder will secure the pool cues and equipmenP'. It was noted that not until your March 20, 2007 meeting with licensing staff that you finally came into compliance with this condition. On April 18, 2007, the Saint Paul City Council adopted the Legislative Hearing Officer's recommendation (CF #07-342) and referred the license application to the City Attorney for adverse action. As a result, the Department of Safety and Inspections is recommending denial of all licenses based on violations that occurred while managing the business, neighborhood complaints regarding noise and patron behavior at your establishment. At this tisne you have three options on how to proceed: 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 admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, June 11, 2007. The matter will then be scheduled befare the City Council for a public hearing to determine whether to deny your license applicafions. You will have an opportunity to appeaz 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-exau�ine each other's witnesses. The St. Paul City Councii will ultimately decide the case. If this is your choice, please advise me no later than Monday, June 11, 2007, and I will take the necessary steps to schedule the admiuistrative hearing. AA-ADA-EEO Employer Cab's Pub and Eatery ( � (� � -�� May 30, 2007 Page 3 3. You can withdraw your license applications. Send a written statement to that effect to the Departmenf of Safety and Inspections (DSn, 8 Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later thau Monday, June ll, 2007. Informafion should be directed to the also be made in wrifing to the Department of Safety and Inspections (DSn. If you have not contacted me by that date, I will assume that you are not contesting the facts contained in this letter. I will then schedule this mafter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the Deparhnent of Safety and Inspecfions (DSn will recommend denial of your licenses. If you have any questions, feel free to call me at (651) 266-8710. Sincerely, ��,� �- Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Ms. Leslie McMurray. Executive Director, District 5 Planning Council 1014 Payne Avenue, St. Pau1, MN 55101-3933 AA-ADA-EEO Employer STATE OF MINNESO`P�i'�� � ss. COUNTY OF RAMSEY ) �� 0 7 AFTIDAVIT OF S��dICE BY U.S. MAII. Julie Kraus, being first duly sworn, deposes and says that on the 30�' day of May, she served the attached NOT`ICE OF INTENT TO DENY LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Cab's Pub and Eatery 992 Arcade Street St. Paul, MN 55106 Ms. Leslie McMurray. Executive Director District 5 Planning Council 1014 Payne Avenue St. Paul, NIlV 55101-3933 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. ��—� 'L� Julie Kraus Subscribed and swom to before me this 30�' day of May, 2007 No RITA M. BOSSARD lDTARY PUBLIC • MINl�SOTA MY COMMISSION IXPIRESJAN.31, 201 0 O 7 CounciI �ile # O - 3�/� Green $heef �..30.'1 Sfo� ���4r�a � RESOLUT(OPi CITY O� SA�Hl7 PAItL, MINNESOTA J� WHEREAS, the Legisiative Hearing pfFicer conducted a pubIic hearing on the appIication for (ID # 200600Q3577} Liquor On SaIe - Over Z00 seats, Liquor On SaIe - Sunday, Entertainment B and Restaurant (C) -- Limited licenses for Karen Selvig, president, Selvia lnc., doiug business as Cabs Pub and Eatery at 492 Arcade Street on Febnxary 12, 2007 and conEinuerl it on 14fazch 22, 20Q7; and u'I�EREAS, the I.egislative Hearing Officer heard testimo�y and reviewed materials presented hy the City's Iicensing staff, the applicant and other interested parties; and WHEREAS, as a result of fhis review, the foltowing conditions were discnssed and agreed ta by the applicant which is confirmed 'm a signed a�davit on file in the Office of License, TnspecYions and Environmema! Protection (LIEP); and The licensee wiSt provide working video surveillance cameras and recorders on the premises to provide documentation of acfivities on all of the interior and exterior azeas of the estaBlislunent. This equipment must be in operation during a12 business hours. Tapes must be maintained for ihirty (30) days and must be immediately available to the Saint Paul Police Deparhnent and ihe Office of License Inspecvons and Environmentai Protection, apon reques� The surveiliance system will have 12 (or more} cameras and must meet with the approval of a designated representative o£ the Saint Paul Police Department vrith regard to fhe fype, placement and direction of the cameras, in order to assure adequate observatian of the premises. Tha deadline for the su:veillance oameras and recorders to be instatled and operational is ApriI 14 Zoa7. 2. The Iicensee must maintain a list of customers banned from the establishment for assaulfive, disorderly, or dismptive behavior. This list wilt contain ihe name and descriprion of the 6anned person, as wet( as the date that he/she was 6armed. This list mtut 6e immediately available to the Saint Paul Police and LIEP upon reqnast. Security personnel shali be assigned to each entrance starting at 4:00 p.m. and shalt remain untiF all patrons have teft the licensed premises. Seeurity personnel shalI "wand" {using a meta! detector} each pairon and check ali handhags and packages carried by patrons. The requirement to "wand" patrons inc3udes those who are returning to the bar fram the patio. Security personne4 shai4 empioy the use of eSectronic cazd readers at each emrance (including the patio entrance) stareing at 9:00 p.m. Security personnel shall veri£y the age of patrons by checking state or federally issued identification cards (no p4cture I.D., no entrance}. C�stomers re-entering the estabiish- ment shalt be subject to the same security measures as customers entering the establishment for the first time, 4. Security pezsonnel wilt monitor the puking to ensure that patrons are not pazking on the boulevazds and sidewalks and posted handieap parking areas. 5. Alt smokers shaII be monitored by the security personnet to msure that there is na excessive noise oufside ofthe estabIishment. 6. The license hoider, seourity staff; and employees of the establishment shall coopemte with the police by calling for assistance when tfiere is a threat of violence or other crimina2 behavior inside or outside the establishment. 7. License holder will ensure that only employees of tlte establishment are aliowed 'm the basement. &asement is Eo be used as storage and office space oniy. ' 8. License holder will secure the pool cues and equipmenf. 9. License hoider will make sure that all refuse, trash and eqvipment ussd foz providing antertainment is removed a7-�9/ 07-�3y�, from #he premises during the daytime fiaucs. Bottles and other trnsh are to be placed on the patio immediaiely nea�t to The back door at ciosing time and puT into the dumpster the ne�t mortting. Ilnder no c'ucumstances wilI 6ottle dumpiag be allowed to occur after 9:fl0 p.m. At Ieast once each day, tha licensee wili pick up and dispose of ail trash on the Iicensed premises, inciud'mg the parking lots and adjacent ssreets. 10. License flolder wSII permauen8y locate ifs trash dumpsters at 2esst six {� feef away from the east end of its patio by March 16, 2007. IY will not be permitted for the license hoIder to move the dumpsters to its parking fot across Jenks Avenue. Ii 12. I3. Licensee must be in compliance with all conditions prior to the issuance of the license and must remain in comptiance at a11 times. Ali patrons must be off the pazio by 10:00 p.m_ Security personneI will ensure that pahons c3o not climb over the fence which surrounds the patio. Alcohol Awareness Tmining shall be required each year for aIl empfoyees. AND WF3EREAS, the Legislative Hearing Officer concluded that it is very likely that at leas[ some of the license conditions under which the applicant was operatiag were not adhered to under the previous management of Linda Andesson or cuaern management of Kazen Selvig which findings are outlined in the attached report of April 9, 2007; and WHEREAS, the I.egislative Hearing Officer notes fhat this finding must be made through an adverse action process; and WHEREAS, the Legislative Hearing Officer recommends that this license appiication be referred by the City Council to the Clty Attomey's Office for adverse action regarding the issuance of the license as describer! in Chapter 310 of the Saint Pau] T�egislative Code; now, therefore, be it RESOLVED, that the Council ofthe City of Saint Paul adopu the recammendation of the Legistative ETearing Officer and hereby refers ihis license applioafion to the City Attomey fox adverse action. Yeas Nays Absent Benanav �/ Bostrom � Hams ,/ He3gen ,i ��Y v" Montgomery ;/ Thune � d ! Adopted by Cauncil: Date ft�/ ��(�7 Adoprion Certified by Councif Secretary $Y� / � / .OLf ! il,CS�'i Approved by Ni yor e � �� $y " ��2�----- Requested by Depattment of � Form Approved by City Attorney � Approved by Mayor for Submission to Council By: