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08-1369Council File # j3 Green Sheet # RESOLUTION MINNESOTA �� Presented by �('/// /f /�" ,-�, 1 WHEREAS, adverse action 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 November 6, 2008, alleging on October 4, 2008, the licensee failed to take 4 reasonable steps to stop persons from leaving the premises with alcoholic beverages in violarion of Saint 5 Paul Legislative Code §409.26(b) (9); and 7 WHEREAS, this was the second violation for this establishment in the past few months, so the 8 licensing office recommended a$1,000.00 matrix penalty; and 10 11 12 13 14 15 16 17 18 WHEREAS, the licensee did not respond to the Notice of Violation to contest the allegation, request a public hearing or pay the $1,000.00 matrix penalty by the November 17, 2008 deadline; now, therefore, be it RESOLVED, that Cab's Pub & Eatery, Inc., d/b/a Tequila Tango is hereby order to pay a $1,000.00 matrix penalty for failing to take reasonable steps to stop persons from leaving the premises with alcoholic beverages in violation of Saint Paul Legislative Code §409.26(b) (9). Payment of such penalty shall be made within thirty days of the date of the adoption of this resolufion. Bostrom Carter Harris Helgen Thune Adopted by Council: Date Yeas Adoption Certified by Council Secretary BY� / / /�/ �.�v�l/�L. ApprovedbyMayo . Date / oZ�Z o�CC BY� / if/�+� /.�s P / Requested by Departrnent of: � � BY� a� � J Form A oved by City Attorney BY �c� T� Form A ro d Mayor� Sub . ission to Council By: L � Green Sheet Green Sheet �� i��y� Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUOffice/Council: I °ate�^��,a�d: Green Sheet NO: 3064880 1 S � = Dept. of Safety & Inspections pq_DEG-08 i � ' Departrnent SerrtToPerson InitiallDate I CoMact Person ffi Phone: I � � i � Rachel TiemeY I 0 eot of Safetv & Insoedions i�� 266-8710 � � j 1 � ept ofSafety & Insoeclions Depar�ent Director I i I : ��9� � 2 ' Attorn � �-- � -� � � Must Be on Counqil genda by (Date): Number � - I 17-DEG08 L I o � 3�Masor's Office � Ma orinsaictant i I outing � 4 ouncil 0 DoaType:RESOLUTION Order 5,LSriQerk CSryCtuk I E-DOCUment Required: Y Document Contad: �ufie Kreus Conhact Phone: 266-8776 ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: _ Approval of the attached resolution to take adverse action against all licenses held by Cab's Pub & Eatery, 3nc., dlb/a Tequila Tango (License ID#19980000376) for the premises located at 992 Arcade Street in Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personlfirm ever been a city empfoyee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): On OctobeL 4, 2008, the licensee failed to take reasonable steps to stop persons from leaving the premises with alcoholic beverages in violation of Saint Paul Legislative Code Section 409.26(b)(9). After no6ficallon, licensee failed to respond to the Notice of Violarion. AdvanWgeslf Approved: $1,000.00 matrix pena.lty (2nd violaGon) DisadvanWges If Approved: None. � Disadvantages If Not Approved: Total Amount of Transaction: CosURevenue Budgeted: Funding Source: Activity Number: Financiai l�fortnation: (Expiain) I December 4, 2008 10:19 AM Page 1 d�-i��9 OFFICE OF TIIE CITY ATTORNEY John J Choi, C+ryAnorney SAINT PA[IL CITY OF SAINT PAUL civ:loiv:sion � Chnstopher B. Coleman, Mayo� 400 City Hall Telephone� 657 266-8710 /SWestKellaggBlvd Facsimile�657298-5619 AAAA Satnt Paul, Mtnnesata 55102 November 6, 2008 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. dib/a Tequila Tango for the premises located at 992 Arcade Street in Saint Paul LicenseID #19980000376 Dear Ms. Anderson: 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 October 4, 2008, St. Paul Police were sent to your establishment around 12:45 a.m. on a noise disturbance complaint (CN#08-206-266). During their conversation with the neighbor regarding the complaint, police overheard a loud disturbance on the patio and observed three people on the deck by the dumpsters. Police then observed approximately twenty (20) people loitering on the south side of the building being loud and another twenty (20) people on the west side of the building on the public sidewalk smoking and drinking alcoholic beverages in Styrofoam cups served from the bar. Police spoke to one of the people holding a cup and he told them that he was only 20 years old. Police asked him where he got the beer and he told them from his cousin who was inside the 6ar. Police noted that no bar staff were observed outside monitoring the group. While speaking to the underage drinker, police observed the other patrons going back into the bar with their cups. Police then asked him to dump his beer and dispose of the cup. Affirmative Action Eaual Onnortunitv F,mnlnver �I�-i3� � Tequila Tango November 6, 2008 Page 2 This is the second (2" violation for your estabiishment within the past few months, therefore, per Saint Paul Legislarive Code §409.26 (9), the licensing office will recommend a $1,000.00 mah-ix penalty. At this time you have three options on how to proceed: You can pay the recommended $1,000.00 matrix penalty. If this is your choice, you shouid 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, November 17, 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 heazing to which you aze entitled. 2. If you wish to admit the facts but contest the penalty, you may have a public heazang 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, November 17, 2008. The matter wiil then be scheduled before the City Council for a public hearing to determine whether to impose the $1,000.00 matrix penalty. You will have an opporiunity to appear 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 able to appear and present witnesses, evidence and cross-examine the other's wimesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please let me know by Monday, November 17, 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 $1,000.00 matrix penalty. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, '�� . 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 Affirmativa Artinn Fmial (lrnnrhmitv Fmnlnvar Chapter 409. Into�cicating Lio�ior* Page 1 of 4 4�-/3�� Sec. 409.26. Intoxicating liquor; nonintoxicating malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to estabiish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shall apply to all on-sale and off-sale licensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penaities for convictions or violations shall be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): TABLE INSET: Type of Violation Commission of a felony (1) related to the licensed activity. Sale of alcohol beverages (2) while license is under Sale of alcoholic (3) beverages to underage 1st 2nd Revocation NA Revocation NA Fine I Fine 4 Sale of alcoholic beverage � � to intoxicated person. Fine After hours sale of � alcoholic beverages. Fine After hours display or (6) consumption of alcoholic Fine Refusal to allow city �� inspectors or police admission to inspect premises. � Illegal gambling on � (10) (11) Failure to take reasonable steps to stop person from leaving premises with alcoholic beverage. Failure to make app{ication for license renewal prior to license expiration date. Sale of intoxicating liquor where only license is for 5 Fine Fine Fine Fine Fine 6 4 15 6 4 6 6 3rd 4th NA NA NA NA Up to 18 Revocation Up to 18 Revocation 18 Revocation 12 I Revocation Revocation NA � Revocation 12 Revocation 18 Revocation 18 Revocation http://library3.municode.com/4472/DocView/1 006 1 /1 /3 1 6/404?hilite=chapter;chapters;409; 11/5/2008 STATE OF MINNESOTA) ss. AFFIDAVIT OF SF 7ICE BY U.S. MAIL COUNTY OF RAMSEY ) DB-i�y Julie Kraus, being first duly swom, deposes and says that on the 6`�' day of November, she served the attached NOTICE OF VIOLATION by placing a hve and conect copy thereof in an envelope addressed as follows: Linda Anderson C/o Tequila Tango 992 Arcade Street St. Paul, MN 55106 Linda Anderson 1811 O'Keefe Road Hudson, WI 54016 Ms. Leslie McMurray, Exec. Directar Payne Phalen District 5 Planning 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. V� � Julie Kraus Subscribed and sworn to before me this 6�` day of November, 2008 � �, �. �� ' Tddtary Pub icl �• RITA M. 80SSARD NOTARV PUBLIC. MIhB�ESOTA MY COMMISSION - EXPIRESJAN.31.2070 4�w-ao-v�►��..�+.�