07-760Suspension August 15, 2007
RESOLUTION
� CITY OF SAINT PAUL, MINNESOTA
Presented By
Council File # 07-760
Green Sheet # 3043011
Resolution Denying a Stay in Implementation of Council File # 07-737
Revol�mg of All Licenses Held by DRJ, Inc. dlb/a Diva's Overtime Lounge
WHEREAS, the Saint Paul City Council has revoked all licenses held by DRJ Inc, d!b!a
Diva's Overtime Lounge; and
WFIEREAS, DR7 Inc., d/bla Diva's Overtime I,ounge has stated they intend to apply for
a Writ of Certiorari from the Court of Appeals for the State of Minnesota; and
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
az
43
44
WHEREAS, under Minnesota Rule of Civil Appellate Procedure 108.01, the Cit}�
Council has the power to grant a stay and impose reasonable terms and conditions that are proper
for the security of the rights of the City of Saint Paul; and
WHEREAS, the Council has found that, since opening, the licensee has had three (3)
separate hearings before Administrative Law Judges that haue resulted in Administrative Law
Judges finding that City proved nine {9) violations, those being: after hours consumption of
alcohol, three violations of license condition four, failure to obtain a building permit for
installation of an exhaust hood, failure to obtain a building permit for installation of a shucture
(patio), failure to obtain a temporary sign permit, failure to pay a Council-imposed fine by the
due date, and service of an obviously intoxicated patron; and
WHBREAS, the Council also found that the licensee violated St. Paul Leg, Code §
310.06 (b)(8); and
WHEREAS, the Council found that DRJ Inc., poses a threat to public safety and is
unlikely to comply with additional license conditions;
45
46
47
48
49
50
51
52
53
NOW, THEREFORE, BE IT RESOLVED, that the above stated reasons as well as all of
the informarion contained in CF 07-737 and the accompanying resolution which is incorporated
by reference, demonstrate that no terms and conditions could be added to the licenses of DRJ
Inc., d/b/a Diva's Overtime I.ounge that would adequately protect the health and safety of the
City and it citizens; and be it
FINALLY RESOLVED, that the Saint Paul City Council will not stay the enforcement of
the resolution to revoke all licenses held by DRJ, Inc., d/b/a Diva's Overtime L,ounge.
07-760
Requested by Department of.
Approved by Mayor. Date O OZ � V d�
B 7t��-, c.0 P �..�
�
Form �oved b� Atto ey
By: �t
Form Approved by M� Submission to Council
gy .
Adopt�on Certified b Councit Se tary
By: �..5/ .l�/?/J
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
co �ou��,�
Contact Person & Phone:
Jennifer Dunn
6-8651 _
Must Be on Council Agen
Doc.7ype: RESOLUTION
E-Document Required: Y
Document Contact: Donna Sanders
- Contact Phone: 6-8653
Date Initiated: � � ��
,5-A��-o� Green Sheet NO: 30430'11
� Department Sent To Person
0 ouncil
Assign 1 oancil De artment Director
Number Z � Clerk
For
Routing 3
Order 4
5
7otal # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Resolut�on Denying a Stay in Implementation of Council File # 07-737 Revokmg of All Licenses Held by DRJ, Inc. d/b/a Diva's
OJeriime Lounge _
iaauons Hpprove �.v� or rt
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm 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 person/firm possess a skill not normally possessed by any
current city employee? .
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
� Advantages If Approved:
Disadvantages If Approved:
� Disadvantages If Not Approved:
^ Total Amount of
Transaction:
. Funding 5ource:
. Financiallnformation:
. (Ezplain)
CosURevenue Budgeted:
Activity Number.
August 15, 2007 2:45 PM Page 1