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08-1246Councit File # 68' /a (p Green Sheet # ?�� �(p RESOLUTION Presented by OF SAINT PAUL, MINNESOTA ( CP 1 WFIEREAS, adverse acfion was taken against all licenses held by Cab's Pub & Eatery, Inc, d/b/a 2 Tequila Tango (License ID #19980000376) for the premises located at 992 Arcade Street in Saint Paul by 3 Notice of Violation dated October 9, 2008, alleging on Apri128, 2008, St. Paul Police issued a citaxion 4(#908-198-841) to the licensee for a violation of the noise ordinance in Saint Paul Legislative Code 5 §293.02; and 7 WHEREAS, licensee did not respond to the Notice of Violation to contest the allegation or pay the 8 $500.00 matrix penalty; and 9 10 WIIEREAS, the Notice of Violation stated that if the licensee failed to contest the allegation or pay 11 the $500.00 matrix penalty by October 20, 2008, that the matter would be placed on the consent agenda to 12 impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that Cab's Pub & Eatery, Inc., d/b/a Tequila Tango is hereby ordered to pay a matrix 15 penalty of $500.00 for a violation of the noise ordinance in Saint Paul Legislative Code §293.02. Payment 16 of such penalty shall be made within thirty days of the date of the adoption of this resolution. Requested by Depamnent of: Adoption Certifi�ed by Co il Secretary BY� / / l/J�u / G�.iY�/Ji�, Approve y Date � � y( BY: �,�� _/I� BY: � �'.�'u-�L Form � d by City Attorney c By: / Form oved yor or issio Council By: Adopted by Council: Date ���/9�G�,� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � nA.�zw� �� � � � � DepartrnentlOffiWCouncil: Dateinitialed: , S � _Dept.ofSafety&inspections Zg�OCT-o8 Green Sheet NO: 3061696 � Contact Person 8 Phone: Department Sent To Person Initial/Date I Rachel Tiemey i y 0 Uept of Safetv & InspecGoas I 266-8710 1� t otsafe & ios ections _Depar�eut I)irector i Assign i 2 ' Attorne �--�, Must Be on Council Agenda by (Date): Number � 12-NOV-08 . � or I 3 a or's Office MayodASSistant outing I 4 ounN � — I I Doa Type: RESOLUTION Order 5 'C�Y yt Cterk Ctitv CRerk I E-Document Required: Y Document ConWct: �ulie Kraus ConWct Phone: 266-8776 ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached resolurion to take adverse action against all licenses held by Cab's Pub & Eatery, Inc. d/b/a Tequila Tango (License ID#19980000376) for the premises located at 992 Arcade Street in Saint Paul. Recommenda6ons: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planntng Commission 1. Has this person/firm ever worked under a contract for ihis department? CIB Committee Yes No Civil Service Commission 2. Has this person�rm ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and aHach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was issued a citation (#908-198-841) by Saint Paul Police for a violafion of the noise ordinance in St. Paul Legislarive Code Secfion 293.02. After notification, licensee did not respond to the Norice of Violarion. AdvanWges If Approved: Imposition of $500.00 mahix penalty. Disadvantages If Approved: Disadvantages If NoS Approved: Total Amount of Trensaction: CosflRevenue Budgeted: I Funding Source: Activity Number: Financial Information: (Explain) October 28, 2008 4:43 PM Page 1 ' • s��.0 v8 - l�-�f(a OFFICE OF THE CITY ATTORNEY John J Cho:, CiryAt[omey SAINT PAUL CITY OF SAINT PAUL CivilDrvision � Chrutopher B. Colemax, Mayor 400 City Ha71 Telephone 651266-8710 ISWes�KelloggBHd FacanmPe�651298-5679 AAAA SaintP¢ul, M�nnesatQ 55101 October 9, 200$ NOTICE OF VIOLATION Linda Anderson C/o Tequila Tango 992 Arcade Street St. Paul, MN 55106 RE: All licenses held by Cab's Pub & Eatery, Inc. d/b/a Tequila Tango for the premises located at 992 Arcade Street in Saint Paul LicenseID #19980000376 Deaz Mr. Martin: The Department of Safety and Inspections (DSI) has recommended adverse action against all licenses held by Cab's Pub & Eatery, Inc. d(b/a Tequila Tango for the premises located at 992 Arcade Street in Saint Paul. The basis for the recommendation is as follows: On April 20, 2008, St. Paul Police were sent to your establishment on a noise disturbance complaint. Upon arrival, the officers met with a neighbor who lived next to the property line of the bar. The officers could hear loud music coming from the bar even though the doors were closed. The neighbor told police the loud music has been coming from the bar for over three hours. He has called several times previously regarding the noise level. One officer then walked approximately one (1) city block or 10 residential homes away from the bar and could still hear the music. The officers went into the bar and spoke with Robert Martin your bar manager about the noise level and that they could hear loud music ten (10) houses away. Police then issued a citation (#908-198841) to Robert Martin. Mr. Martin was convicted of violating the noise ordinance on October 3, 2008. This is a violation of Saint Paul Legislative Code §293.02 (Noise Ordinance) therefore, licensing office will recommend a$500.00 matrix penalty. Affirmative Action Equa1 Opportunity Employer Tequila Tango October 9, 2008 Page 2 At this time you have three options on how to proceed: I�f- la-�{( You can pay the recommended $500.00 matrix penalty. If this is your choice, you should make payment directly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, Octo6er 20, 2008. Information should be directed to the attention of Christine Rozek. A self- addressed envelope is enclosed for your convenience. Payment of the penalty will be considered to be a waiver of the hearing to which you aze entitled. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul Ciry 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, October 20, 2008. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the $500.00 mattix penalty. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 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 abie to appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Pau1 City Council will ultimately decide the case. If this is your choice, please let me know by Monday, October 20, 2008, and I will take the necessary steps to schedule the administrative hearing. If I have not heard from you by that date, I will assume that you do not contest the imposition of the $500.00 matrix penalty. In that case, the matter will be placed on the Council's Consent Agenda Tor approval of the recommended penalty. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, �-'_, � � °� � � C 6tti`�. � �', ( i ���,'� Rachel Tierney ` Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Linda Anderson, 1811 O'Keefe Road, Hudson, WI 54016 Ms. Leslie McMurray, Exec. Director, Payne Phalen District 5 Planning Council 506 Kenny Road, Suite 130, St. Paul, MN 55130 Affirmative Action Eoual Onnortunitv R.mnlovPr STATE OF MINNESOT ' � � SS. COLTNTY OF RAMSEY ) �� '��-�L� Julie Kraus, being first duly swom, deposes and says that on the 9 day of October, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as foilows: Linda Anderson C/o Tequila Tango 992 Arcade Street St. Paul, M23 55106 Linda Anderson 1811 O'Keefe Road Hudson, WI 54016 Ms. Leslie McMurray, Exec. Director Payne Phalen District 5 Pianning Council 506 Kenny Road, Suite 130 St. Paul, MN 55130 (which is the last known address of said person} depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � Julie Kraus Subscribed and sworn to before me this 9`� day of October, 20Q8 , ` �1�:221� No ry Pub'lic AFFIDAVIT OF S�,_. VICE BY II.S. MAIL RITA Ai. BOSSl+RD NpTARYPUBLIC•MPAESOTA MY COMN6SSION IXPiRES .fAN. 31, 2 0 7 6 Chapter 293. Noise Regulations* Sec. 293.02. Noise as a public nuisance. (a) Generally. Page 1 of 2 Og -12-�L, (1) It shall be unlawful for any person to make, continue, permit or cause to be made, continued or permitted within the city, any loud, disturbing or excessive noise which would be likely to cause significant discomfort or annoyance to a reasonabie person of ordinary sensitivities in the area. (2) The characteristics and cortditions which shaU be considered in determining whether a noise is loud, disturbing or excessive for the purposes of paragraph (a) of this section, shall include, without limitation, the foliowing: a. The time of day or night when the noise occuss. b. The duration of the noise. c. The proximity of the noise to a sleeping facility and/or a residential area. d. The land use, nature and zoning of the area from which the noise emanates and the area where it is perceived. e. The number of people and their activities that are affected or are likely to be affected by the noise. f. The sound peak pressure Ievei of the noise, in comparison to the Ievei of ambient noise. (b) Noisy assembly. (1) Defined. The term "noisy assembly" shail mean a gathering of more than one person in a residentialiy zoned or used area or building that would be likefy to cause significant discomfort or annoyance to a reasonable person of ordinary sensitivities present in the area, considering the time of day and the residentiai character of the area, due to loud, disturbing or excessive noise. (2) Permitting noisy assembly. It shall be a violation of this section for any person having dominion, care or control of a residentialiy zoned or used area or building knowingly to permit a noisy assembly. (3) Remainrng at a noisy assembly. It shall be a violation of this section to participate in, visit or remain at a gathering knowing or having reason to know that the gathering is a noisy assembly, except any person(s) who has/have come to the gathering for the so4e purpose of abating the noisy assembly. (c) Animals. It shall be a violation of this section to own, keep, have in possession or harbor any animal or animais which make any noise to the reasonable annoyance of another person or persons. The phrase "to the reasonable annoyance of another person or persons" shall include, but is not limited to, the creation of any noise by any animal or animals which can be heard by any person, including the animal control officer or a law enforcement officer, from a location outside of the building or premises where the animal or animals are located and which animal noise occurs repeatedfy over at teast a five-minute period of time with no more than a one- minute lapse of time between each animal noise during the five-minute period. (d) Amplified sound. It shall be a violation of this section to play, operate or permit the playing, use or operation of any radio, tape player, disc player, loud speaker or other electronic device used for the ampiification of sound, unless otherwise permitted by law, located inside or outside, the sound of which carries to points of habitation or adjacent properties, and is audible above the level of conversational speech at a distance of fifty (50) feet or more from the point of origin of the amplified sound. http://library3.municode.com/4472/DocView/10061 /i /299/313?hilite=noise;noises;ordinan... 10/8/2008 Chapter 293. Noise Regulations* (e) Motor vehic%s. Page 2 of 2 D$-1�-�(� (1) Generally. It shall be a violation of this sectio� to use any automobile, truck, motorcycle or other vehicie which causes or would be likely to cause significant discomfort or annoyance to a reasonable person of ordinary sensitivities present in the area due to loud, disturbing or excessive noise. (2) Amplified sound from mofor vehicles. lt shall be a violation of this section to play, operate or permit the playing, use or operation of any radio, tape player, disc player, loud speaker or other electronic device used for the amplification of music or other entertainment, which is located within a motor vehicle on a pubiic street or alley, or in a commercial or residential parking facility, which is audible by any person from a distance of fifty (50) feet or more from the motor vehicle. When sound violating this seetion is produced or reproduced by any such device that is located in a motor vehicie, the motor vehicle's owner, if present when the violation occurs, is guilty of the violation. If the motor vehicle's owner is not present at the time of the viotation, the person who has dominion, care or control of the motor vehicle at the time of the violation is guilty of the violation. in addition to an owner or a driver, any person who controls or assists with the production, reproduction, or amplification of sound in violation of this section is guilty of the violation. (3) Homs and other signals. It shall be a violation of this section to sound any horn or signal device on an automobile, motorcycle, bus or other vehicle, except as a danger signal or traffic warning, which would be likely to cause significant discomfiort or annoyance to a reasonable person of ordinary sensitivities in the area. {4) Application of the MPCA rules. fVo person shall operate a motor vehicle in the city in violation of the motor vehicle noise limits of the Minnesota Pollution Control Agency Rules, Sections 7030.1000 through 7030.1600. (fl Penalties. (1) A violation of any section of this chapter is a misdemeanor, and a sentence of not more than ninety (90) days in jail, or a fine of not more than one thousand doliars ($1,000.00), or both, may be imposed. a. Each day a violation of this ordinance is committed or permitted to continue shall constitute a separate offense and may be punished separately. (C.F. No. 02-653, § 1, 8-14-02; C.F. No. 05-264, § 2, 4-27-05) Editor's note: C.F. No. 02-653, § 1, adopted August 14, 2002, amended the Code by repealing former §§ 293.02--293.04, and adding a new § 293.02. Former §§ 293.02--293.04 pertained to noisy assembly; motor vehicles; and horns and audible signaling, respectively; and derived from Ord. No. 16915, adopted May 20, 1982; and Ord. No. 17448, adopted April 28, 1987. http://library3.municode.com/4472/DocView/10061 /1 /299/313?hilite=noise;noises;ordinan... 10/8/2008