08-1006Susaension 9/10/2008
Presented by
Cou ncil File # 08-1006
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Green Sheet# 3059357
RESOLUTION
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WHEREAS, JSR Inc. d/b/a Lonetti's Lounge (License ID#20030004659) (hereinafter "licensee")
located at 1091 Rice Street in Saint Paul received an Norice of Violation dated 7une 18, 2008; and
WHEREAS, the 7une Notice alleged violation on June 8, 2008 of the St. Paul Legislative Code §
409.26(b)(6) which prohibits consumption of alcoholic beverages after 2:00 a.m.; and
WfIEREAS, licensee received a second notice of violation on July 11, 2008; and
10 WHEREAS, the July Notice alleged violation on May 31, 2008 of license condition number two
i l which requires that licensee provide working video surveillance cameras and recorders on the premises to
12 provide documentation of activities on interior and exterior of the establishment. The equipment must be
13 in operation during all business hours and tapes must be maintained for thirty (30) days and be
14 immediately available to the Saint Paul Police Department upon request; and
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16 WHEREAS, licensee has denied both allegations and requested a hearing before an Administrative
17 Law Judge; and
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19 WHEREAS, the separate allegations each constitute separate appearances before the Council but
20 have been consolidated for purposes of convenience; and
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WHEREAS, a hearing is scheduled before an Administrative Law Judge on September 12, 2008,
on both claims; and
WHEREAS, licensee and the Department of Safety and Inspections haue resolved the matter in
attempt to avoid the time and expense of a hearing and in order to resolve the matter as quickly as possible;
now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul issues this decision based upon the
negotiation of the parties; and be it
FURTHER RESOLVED, that the parties have produced a stipulation that outlines two separate
violations as alleged in the Notices of violation; and be it
FURTHER RESOLVED, that the licensee has one priar adverse action from March of 2008,
making these the second and third violations in four months; and be it
FURTHER RESOLVED, that deviation from the penalty matrix in St. Paul Leg. Code § 310.05 is
appropriate because these three adverse actions occurred over the course of just four months; and be it
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Requested by Department of:
��.y
By: C� � r �
Approved by the Office of Financial Services
By:
Appi City Atto�
By: �
Approved by Mayor for Submissio o Council
By:
42 Said suspension shall become effecrive at 12:01 a.m. on Sunday September 14, 2008, and last until ll:59
43 p.m. on Thursday September 18, 2008; and be it
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45 FTJRTHER RESOLVED, that a fine of $3000.00 is imposed against ail licenses held by licensee;
46 and be it
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FtJRTHER RESOLVED, that the $3000.00 is suspended for six (6) months on the condition that
the licensee invest $3000.00 in improvements to the kitchen and other necessary expenses to allow the
kitchen to serve food daily. Licensee shall demonstrate through receipts to the Aepartment of Safety and
Inspections the amount that licensee has spent on improved kitchen operations. Any amount under
$3000.00 shall be due to the Department of Safety and Inspections six (6) months following the passage
53 and approval of this resolution; and be it
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FINALLY RESOLVED, that the following license conditions are hereby placed on all licenses
effective upon passage and approval of this resolution:
5. Revision: If licensee obtains a 2:00 a.m. license, the license holder shall not allow new
patrons to enter the establishment afrer 1:00 a.m. Last call will be no later than 130 a.m.
7. The establishment shall close at 1:00 a.m. and shall not remain open unti12:00 am.
Licensee can petition to have this license condition li8ed through the procedure established
by the Department of Safety and Inspections six (6) months after the passage and approval
of this resolution.
65 A copy of this resolution, as adopted, shall be sent by first class mail to the license holder.
Adoption Certified by C emcil Secxetary
By � i
Approve5l�i ag�. c: Date � f Q
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By: lyL._
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ADMINISTRATNE HEARING
�1I1111��J�7�1.`��1
In re: All licenses held by JSR Inc. a Minnesota STIPiILATION
Corporation d/b/a I,onetti's Lounge
The City of Saint Paul and licensee JSR Inc. d/b/a Lonetti's Lounge agree to the following
stipulation of facts:
Violation of License Condition:
On Mazch 10, 2008, licensee Ron Lonetti agreed to license condition number two
which states:
Licensee must provide working video surveillance cameras and
recorders on the premise to provide documentation of activities on
the interior and exterior of the establishment. This equipment must
be in operation during all business hours. Tapes must be
maintained for thiriy (30) days and be immediately available to the
Saint Paul Police Department and the Department of Safety and
Inspections upon request.
2. On June 11, 2008, St. Paul Police Sergeant 5heila Lambie spoke with licensee Ron
Lonetti and requested a copy of the video surveillance from May 31, 2008.
3. Ron Lonetti was unable to retrieve the video tape as requested by Sgt. Lambie.
After Hours Consumption of Alcoholic Beverages:
On June 8, 2008, at 229 a.m., Saint Paul Police were dispatched to Lonetti's Lounge
at 1091 Rice Street on the report of consumption of alcoholic beverages after 2:00
a.m.
2. Saint Paul Police Officer Charles M. Anderson responded and observed several
people drinking beer and alcoholic beverages at the bar and others drinking beer and
alcoholic beverages paying arcade games in the bar area.
Officer Anderson entered the establishment at 2:42 a.m. and observed 8-12 customers
consuming beer and other alcoholic beverages.
Prior License Historv:
On March 10, 2008, licensee Ron Lonetti agreed to license condition number three
which states:
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assigned to each entrance starting at 9:00 p.m. every day, and shall
remain until all patrons have left the premises. Security personnel
shall "wand" (using a metal detector) each patron and check all
handbags and packages carried by patrons..."
2. On Mazch 23, 2008 and Mazch 24, 20Q8, licensee failed to have
adequate security personnel present at each entrance and failed to
"wand" as required by license condition number three.
4.
The Department of Safety and Inspections filed an adverse action as a
result of this violation and imposed a$500.00 fine.
On April 23, 2008, licensee paid that $500.00 fine which is an
admission of the violation and constitutes an appearance before the
Council.
Stipulated and agreed to this � day of September, 2008
�L� f
Ronald Lonetti
'1-A-���,r� �
Clu Rozek
Dept. of Safety & Inspections
�^ �
Rachel Tierney
Assastant City Attorney
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Green Sheef
&Inspecrions
CoMad Person 8 Phone:
Rachei Tiemey
266$7'10
must tte on
l6SEP-08
Doc. Type: RESOLUTION
E-Document Required: Y
° Document Contact: .lulie lGaus
ContactPhone: 266-8776
11SEP-08
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Assign
Number
Fw
Routing
Order
ToWI # of Signature Pages _(Clip AIf Lxatiom for Signature)
Green Sheet NO: 3059357
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Dt of Ssfety & Iasneetio�
�ty Attoruey
�r's Office _ _ _ MaVOrlAssistant 1
�Conncit I
' Clerk (.1 Clerk
Approvai of the attached resoluqon and Stipulation taldng adverse action against all licenses held by 7SR, Inc. A Minnesota
Corporarion d/b/a Lonetti's Lounge (License ID#20030004659) for the premiscs located at 1091 Rice Sfreet in Saint Paul.
Planning Commission
CIB Committee
Civil Service Cammission
1. Has this personffirm ever worked under a contract for this department?
Yes No
2. Has this person�rtn ever been a city employee?
Yes No
3. 4oes this persoNfirm possess a skill not normally possessed by any
cument city employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet
Inftiffiing Problem, lssues, Opportunity (4Vho, What, When, Where, Why):
On May 31, 2008, licensee violated license condirion #2 by not submitting a videotape requested by St. Paul Police and on Jvne 8,
2008, licensee violated license wndition #5 and St. Paul Legislarive Code Section 409.26 (b) (6) by allowing patrons to enter the
esiablishment aft� 130 p.m. and after houis consumpfion. After notifieation, both violations were combined for an administrative
hearing.
Advantages If Approvetl:
$3,000 matrix penalty, 10-day closure of establishment and revocarion of 2AM Closing license.
DisadvanWges If Approved:
None.
Disadvantages If Not Approvetl:
Transaction:
Funding Source:
Fnancial Information:
(Explain)
Activity Number:
CosVRevenue Budgeted:
September 11, 200811:44 AM Page 1