07-985Council File # Q� p�
Green Sheet # J Q � � � � �
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
.�
1 WHEREAS,Vone X. Moua and Mee Lee Moua (Lic. ID# 20010002326), received a
2 Notice of Violation dated May 25, 2007 seeking adverse action for violation of a license
3 condition in violation of St. Paul Leg. Code § 310.06(b)(5); and
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WHEREAS, the adverse action was based on two violations of a license condition
requiring license to turn over video surveillance upon request; and
WHEREAS, a hearing was held on the Notice of Violation before Administrative Law Judge
Cindy Lavorato on 7uly 31 and August 7, 2007. Each party submitted oral testimony and documents
into the record at the hearing; and
WHEREAS, Judge Lavorato issued a Report on September 7, 2007, in which the
Administrative Law 7udge found that there was sufficient proof of the violations; and
WHEREAS, the ALJ also found that adverse action is appropriate; and
WAEREAS, lacensee has had a Public Hearing before the Council on November 14, 2006
for an adverse action for violation of the same license condition in which the Council imposed a fine
and amended a license condition; and
WHEREAS, at a public hearing on October 3, 2007, the Council of the City of Saint Paul
considered all the evidence contained in the record , the ALJs' Findings of Fact, Conclusions of
Law, and Recommendations, and
WHEREAS, licensee did not appear at the October 3, 2007 City Council hearing; now,
therefore, be it
RESOLVED, that the Council of the City of Saint Paul issues this decision based upon
consideration of the record of the entire proceedings herein, including the hearings before the ALJ
on July 31 and August 7, 2007, all the documents and exhibits introduced therein, the Findings of
Fact and Conclusions of Law as referenced above and the deliberations of the council in open
session of that hearing; and be it
FURTHER RESOLVED, that the Findings ofFact, Conclusions of Law and Memorandum
of the Administrative Law Judge issued on September 7, 2007 are hereby adopted as the Findings
of Fact, Conclusions of Law and Recommendation of the City Council in this matter and be
incorporated herein by reference; and be it
D ��95�
2 FURTHER RESOLVED, that the penalty matrix found in Chapter 310.05 (m) calls for a
3 4�1,000 fine, however the Council finds the following substantial and compelling reason to deviate
4 from this presumptive penalty: The Notice of Violation alleged two separate violations which were
5 both proved; and be it
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7 FURTHER RESOLVED, that the licensee was sufficiently in control of the situarion and
8 therefore could have reasonably avoided the violation; and be it
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Fi_TRTHER RESOLVED, that a fine of $1500.00 is imposed against all licenses held by
Vone X. Moua and Mee Lee Moua d/b/a Malina's Sports Bar and Grill; and be it
FURTHER RESOLVED, that the costs of the Administrative Hearing in the amount of
$2,288.00 be paid by Vone X. Moua and Mee Lee Moua d/b/a Malina's Sports Bar and Grill; and
be it
FINALLY RESOLVED that the $1500.00 fine and $2,288.00 costs be paid within 30 days
of the passage and approval of this resolution.
FINALLY RESOLVED, that a copy of this resolution, as adopted, shall be sent by first class
mail to the Administrative Law Judge and to the license holder.
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Requested by Department of:
/7 / ��
By' --------��='^'�"� . _
Adoption Certified by Council Secretary
ay: � q
Approved b Ma} Da / U�7 �/
By:
Form Approved by City Attorney
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By: � w l�
Approv y M yo for u iis 'o to ouncil
By:
Adopted by Council: Date �d//7��`/J�''
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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$� — Dept of Sa£ety & Inspec5ons
Conqct Person 8 Phone:
Rachel Tiemey
266-8710
17-OCT-07
Doc.Type: RESOLUTION
E-Document Required: Y
Document Contact: Julie Kraus
Contact Phone: 266-8776
04-0CT-07
•/ o
Assign � 1
Number i 2
For
Routing 3
Order 4
5
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3044733
- e t ofSafe & Ias ectlovs
i Attorne
a ar's Office Ma odAssistapt
�Coancil I
i aerk C5 Clerk
Memorializing City Council acrion taken October 3, 2007, imposing adverse action against all licenses held by Vone X. Moua and
Mee Lee Moua, d/6/a Malina's Sports Baz and Grill (License ID#20010002326) for the premises located at 691 North Dale Street in
Saint Paul.
waiwns: v.pprove (v.) or rte}ecc {rc)' recsona� aerv�ce conuacus musi wnswer me ro�wwmg �.euesnons:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Commitlee 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 city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiati�g Problem, Issues, Opportunity (Who, What, When, Where, Why):
A public hearing was held on October 3, 2007 to discuss the Adminisrtative Law Judge's Findings of Fact Conclusions and
Recommendation from the administrarive hearing held on July 31, 2007 and August 7, 2007.
AdvantageslfApproved:
Memorializarion of Council action taken as a result of the public hearing.
Disadvantages If Approved:
None
��-a. � � � �
- �����3��
�`;,;'': _ ;; 2?��7
F����` �,�'�E��E�'
Disadvantages If Not Approved:
No memorialization of Council action taken as a result of the public hearing.
Trensaction:
Funding Source:
Fnancial lnformation:
(F�cplain)
Activity Num6er:
CosURevenue Budgeted:
October 4, 2007 3:17 PM Page 7 �
OFFICE OF TI� CITY ATTORNEY
John Z Chai, CfryAttorney
CITY �F SAINT PALJL Civi(Division
Cbrirtopher B. Colemon, Mayor 400 City Ha11
IS West KelloggBlvd
Saint Paut, Mmnesata 5�102
i
September 12, 2007
NOTICE OF COUNCIL HEARING
Vone X. Moua and Mee Lee Moua
Mal'vna's Sports Bar and Grill
691 Dale Street North
St. Paul, MN 55103
Telephone: 651266-87I0
Facsimile: 657 298-5679
RE: All licenses held by Vone X Moua and Mee Lee Moua, d/6/a Malina's Sports Bar and Grill for
the premises located at 691 Dale Street North in Saint Paul
License ID #20010002326
OAH Docket No. 41-6020-18087-3
Deaz Vone X. Moua and Mee Lee Moua:
Please take notice that a hearing to discuss the report of the Adminislxative Law Judge
concerning the above-mentioned licenses has been scheduled for Wednesday, October 3, 2007, at
5:30 p.m. in the City Commcil Chambers, Third Floor, Saint Paul City Hall and Ramsey County
Courthouse.
You have the opportunity to file exceptions to the report with the City Clerk at any time during-
normal business hours. You may also present an oral or written azgument to the Council at the hearing.
No new evidence will be received or testimony taken at this hearing. The Council will base its decision on
the record of the proceedings before the Administrative Law 7udge and on the arguments made and
exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the
exercise of its judgment and discrefion.
Sincerely,
��G^�.
�� �
Rachel Gunderson Tierney
Assistant City Attorney
cc: Diane Nordstrom, Office of Administrafive Heazings, 100 Washington Square
Suite 1700, 100 Washington Avenue South, Minneapolis, MN 55401
�ary Erickson, Council Secretary
Christine Rozek, DepuTy Director of DSI
Vone Moua, 1332 Burke Circle East, Maplewood, MN 55109
Boa Lee, Thomas-Dale/District 7 Planning Council, 639 North Dale Street
St. Paut, MN 55103-1644
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COUYICDI �$£;�v ��f�
, 7' I, I :
AA-ADA-EEO Employer
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STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesofa 55401-2138
���0�
TELEPHONE: (6'12) 341-76D0
m: �si2� �iasas
September 10, 2007
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Shari Moore • ��}� x � ����
St. Paul City Cierk
290 Ciiy Hall ����, �������
15 W Kellogg Blvd
St. Paul, MN 55102
Re: In the Matter of the Adverse Action against all /icenses held by Vone
X. Moua and Mee Lee Moua d/b/a/ Malina's Sports Bai and GriU
OAH Docket No. 41-6020-18087-3
Dear Commissioner Ludeman:
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendatio�s in the above-entitled
matter. Also enclosed is the official record, with the exception of the tape recording of
the hearing. If you would like a copy of that recording, please contact our office in
writing or by telephone at 612-341-7448. Our file in this matter is now closed.
Sincerely,
�,� �� i�
CINDY LAVORATO
Administrative Law Judge
Telephone: (651) 962-4887
CL:dsc
Enclosure
cc: Rachel Gunderson
Virginia Palmer
Vone Moua
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative Law Division & Administrative Services Workers' Compensation Hea�ings Division Workers' Compensation Settlement Division
Facsimile: (6'12) 349-2665 Facsimile: (612) 349-2691 Fapsimile: (612) 349-2634
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CONTAINS NOT PUBLIC DATA OAH Docket No. 41-6020-18087-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE ST. PAUL CITY COUNCIL
In the Matter of the Adverse Action FINDINGS OF FACT,
against all licenses held by Vone X. Moua CONCLUSIONS AND
and Mee Lee Moua d/b/a/ Malina's Sports RECOMMENDATIONS
Bar and Grill
Administrative Law Judge Cindy Lavorato (the ALJ) conducted a hearing
in this contested case proceeding on July 31, 2007 and August 7, 2007 at the
St. Paul City Courthouse, Room 40B, 15 West Kellogg Boulevard, St. Paul,
Minnesota. The record closed on August 7, 2007, at the conclusion of the
contested case.
Assistant City Attorneys Rachel Gunderson and Vi,ginia Palmer, 400 City
Hail, 15 West Kellogg Bivd., St. Paui, Minnesota 55102 represenfed the City in
this matter. Vone Moua, the licensee, 691 Dale Street, St. Paul, Minnesota,
55103, represented himseff in the proceeding.
STATEMENT OF THE ISSUES
1. Did licensees violate one or more conditions piaced on the on sale
liquor license for Malina's Sports Bar and Grill granted to them by the City of
St. Paul?
2. Is the proposed fine of $1,500 appropriate under Saint Paul
Legislative Code § 310.05-.06?
FINDINGS OF FACT
1. Vone Moua and Mee Lee Moua (hereinafter "licensees") are the
owners and operators of Malina's Sports Bar and Grill (hereinafter "Malina's"),
located at 691 Dale Street, St. Paul, Minnesota, 55103. In 2002, the City of
St. Paul granted licensees an On Sale Liquor License for Malina's.� The license
was originally granted subject to certain enumerated conditions, including a
' City Exhibit 1 (hereinafter "C. Ex. _°).
a�-y8fi
condition that the licensee "maintains video surveillance cameras inside and
outside the establishment."
2. On November 15, 2006, the St. Paul City Council (hereinafter "City
Council") imposed a fine of $500 against the licensees for failure to comply with
the condition described above. In addition, the City Council amended the
language of the condifion to read more specifically as follows:
The license holder shall maintain video surveillance cameras inside
and outside the establishment. The video recordings shall be kept
by the license holder for at least thirty (30) days and produced
immediately u�pon request by the St. Paul Police Department or the
office of LIEP.
3. Notice of the fine and condition were mailed to the licensees in a
letter dated November 27, 2006.
4. On or about February 2, 2007, police received a report of an
assault occurring in the vicinity of Malina's.
5. On February 6, 2007, Christine Rozek of the Office of License and
lnspections (now known as the Office of Safety and inspections or "OIS) sent
licensees a letter requesting the video recording of the premises at Malina's for
the evening of 2!2/07 and the ear{y morning of 2/3/07. 'ihe letter requested the
videos from ali cameras both inside and outside of the establishment, and further
requested that licensees either mail the videos or bring them to OIS.
6. OIS did not receive a response to the letter of February 6, 2007.
Therefore, on February 27, 2007, Sgt. Craig Gromek of the St. Paul Police
Department and Kristina Schweinler of OIS went to Malina's to view the security
cameras and the previousiy requested videos.
7. When they arrived at Malina's, Sgt. Gromek and Ms. Schweinler
met with the licensee's brother, Lang Moua. The video system at Malina's was
not working and Mr. Lang Moua was trying to install a new hard drive into the
monitoring system. He was not able to get the system to work, and indicated that
he had had problems contacting and working with the technical support service
forthe equipment.
2 C. Ex. 13.
3 C. Ex. 13; C. Ex. 2.
° C. Ex. 13.
5 C. Ex. 3.
6 C. Ex. 4.
' 7estimony of Sgt. Craig Gromek; testimony of Kristina Schweinler; C. Exs. 5-1, 5-2, 5-3 and 6.
Although C. Exs. 5-1, 5-2 and 5-3 bear a report date of "03/12/2007," Sgt. Gromek explained that
the date on the report was incorrect and was the result of a system logging error.
8 Test. of C. Gromek; test. of K. Schweinler; C. Ex. 6.
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0 7-9gs
condition that the licensee "maintains video surveillance cameras inside and
oufside the establishment.i
2. On November 15, 2006, the St. Paul City Council (hereinafter "City
Council") imposed a fine of $500 against the licensees for failure to comply with
the condition described above. In addition, the City Council amended the
language of the condition to read more specificaily as follows:
The license holder shall maintain video surveillance cameras inside
and outside the establishment. The video recordings shall be kept
by the license holder for at least thirty (30) days and produced
immediately u�on request by the St. Paul Police Department or the
office of LIEP.
3. Notice of the fine and condition were mailed to the licensees in a
letter dated November 27, 2007 4
4. On or about February 2, 2007, police received a report of an
assault occurring in the vicinity of Malina's.
5. On February 6, 2007, Christine Rozek of the O�ce of License and
Inspections (now known as the Office of Safety and Inspections or "OIS) sent
licensees a letter requesting the video -recording of the premises at Malina's for
- the evening of 2/2/07 and the early morning of 2/3/07. The letter requested the
videos from ail cameras both inside and outside of the estabiishment, and further
requested that licensees either mai{ the videos or bring them to OIS.
6, OIS did not receive a response to the letter of February 6, 2007.
Therefore, on February 27, 2007, Sgt. Craig Gromek of the St. Paul Police
Department and Kristina Schweinler of OIS went to Malina's to view the security
cameras and the previously requested videos.'
7. When they arrived at Malina's, Sgt. Gromek and Ms. Schweinier
met with the licensee's brother, Lang Moua. The video system at Malina's was
not working and Mr. Lang Moua was trying to instail a new hard drive into the
monitoring system. He was not able to get the system to work, and indicated that
he had had problems contacting and working with the technical support service
for the equipment.
Z C. Ex. 13.
3 C. Ex. 13; C. Ex. 2.
° C. Ex. 13.
5 C. Ex. 3.
6 C. Ex. 4.
' Testimony of Sgt. Craig Gromek; testimony of Kristina Schweinier; C. Exs. 5-1, 5-2, 5-3 and 6.
Although C. Exs. 5-1, 5-2 and 5-3 bear a report date of "03l12/2007," Sgt. Gromek explained that
the date on the report was incorrect and was the result of a system logging error.
8 Test. of C. Gromek; test. of K. Schweinler; C. Ex. 6.
2
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8. Sgf. Gromek and Ms. Schwein{er made arrangements ta come
back the following day, 2/28/07 to meet with Mr. Lang Moua, and to attempt to
again view the system and o6tain fhe videos. Due to a misunderstanding about
fhe exact time when they were to meet, the parties missed each other.
9. The requested video recordings were never submitted by
licensees.
10. In the early morning hours of April 13, 2007, a male suspect
aitempted to rob two victims at gunpoint.'� The attempted robbery occurred at
the intersection of Dale Street and Blair Avenue, approximatefy one biock from
Malina's.
11. Approximately five to ten minutes later, police responded to a report
from 625 Dale that that a man had been shot. The suspect was gone when
pofice arrived.
12. Because the two incidents happened approximately two blocks
from Malina's, Sgt. Jensen requested video recordings from Malina's to ascertain
whether the suspect had been caught on film.
13. Sgt. Jensen testified that when he requested the video recordings
from licensee Von Moua, Mr. Moua indicated that he was having difficulty with his
video system because it was new and he didn't know how to operate it. He then
told Sgt. Jensen that there had been a power outage and so the video was not
on.�
14. Sgt. Jensen also received a call from licensee's nephew who
indicated that the video had gone into "pause" mode and nothing had been
recorded.
15. Thereafter, Sgt. Jensen reported the license violation to OIS.
16. During the hearing, licensees attempted to argue" that police had
unfairly "targeted" Malina's for compliance enforcement, and had used the
robbery and shooting as a pretext to request the videos. In support of this
9 Test. of C. Gromek; Ex. 5-2.
70 Test. of K. Schweinler.
�� Testimony of Sgt. Kenneth Jensen; C. Ex. 7.
' Test. of K. Jensen; C. Ex. 8.
73 Test. of K. Jensen.
74 C. Ex. 9.
is !d.
is Id.
" Licensees did not testify in this proceeding, but did make several assertions and arguments
during questioning of the City's witnesses.
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argument, they stated that they could produce a witness who couid testify that
the suspect had not run towards Malina's.
17. In order to give licensees time to locate the witness and to furfher
review fhe exhibits introduced by the Cify, the hearing was continued for a week.
18. On August 7, 2007, the second day of hearing, licensees
introduced the testimony of Mr. Via Chang. Mr. Chang was at the site of the
shooting. However, Mr. Chang did not know whether the suspect had run
towards or away from Malina's; therefore his testimony did not cast doubt on the
testimony of Sgt. Jensen nor did it lend credence to the assertion that Malina's
had been unfairly targeted.
19. On May 25, 2007, Ms. Rachel Gunderson of the St. Paui City
Attorney's Office sent a letter to licensees advising them that their failure to
produce the requested videos on February 2-3 and again on April 13, 2007 was
in violation .of the license conditions previously imposed by the City Council.
Licensees were also advised that a fine of $1,500 was being recommended, and
that they could request a hearing to contest the fine.�
20. Licensees requested a hearing in a letter dated June 4, 2007.
21. During the trial licensees presented no evidence that they had in
fact produced the requested videos from February 2-3, 2007 or from April 13,
2007.
CONCLUSIONS
1. Saint Paul Legislative Code § 310.06(a) gives the City Council the
authority to take adverse action against "any or all licenses or permits ... as
provided in these chapters." "Adverse action" may include revocation,
suspension, denial, fines and other penalties and conditions. /d.
2. Saint Paul Legislative Code § 310.06(a)(5) indicates that adverse
action can be taken against a licensee when "licensee has failed to comply with
any condition set forth in the license, or set forth in the resolution granting or
renewing the license."
3. Saint Paul Legislative Code § 310.05(m) gives the City Council the
authority to impose fines according to the penalty matrix outiined in that section.
The matrix provides for the imposition of different fine amounts, based on
whether the violation is a first, second, third of fourth appearance, and the
severity of the violation.
' C. Ex. 10-2.
' C. Ex. 11.
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