The URL can be used to link to this page

08-598Council File #� Green Sheet # 3p�'�j �() CITY Presented by RESOLUTION PAUL, MINNESOTA �� 1 WHEREAS, adverse action was taken against the Retail Food (A) — Crrocery 1-100 sq. ft. license 2 held by William Henry & James D. Williams d/b/a 24-7 Producrions & Services (License ID 3#20020005688) for the premises located at 924 Arcade Street in Saint Paul, by Notice of Intent to Revoke 4 License dated Apri124, 2008, alleging licensee pled guilty and was convicted on Mazch 14, 2008, of 5 Felony — Violation of the Controlled Substance Law — 5'�' Degree, in violation of Saint Paul Legislative 6 Code Saint Paul Legislative Code §310.05(m)(5); §310.06 (b)(6)(a); §310.06 (b)(6)(b) and §310.06 7 (b)(6)(c ); and 9 WHEREAS, the licensee did respond to the Notice of Intent to Revoke License to request a public 10 hearing which was then scheduled on June 4, 2008; now therefore be it, 11 12 RESOLVED, that the Retail Food (A) — Grocery 1-100 sq. ft. license held by William Henry & 13 James D. Wiliiams d/b/a 24-7 Productions & Services is hereby revoked. 14 15 This resolufion, and action taken above, is based upon facts contained in the Aprii 24, 2008, Notice 16 of Intent to Revoke License sent to the licensee and the arguments made at the public hearing on June 4, 17 2008. 18 19 Requested by Department oE By: + � /� �w1 _ Adoption Certified by Co icil Secretary BY� D Approve r: Date �p Q� By: F pp �ed by_City Attorney � �1��- _ Y� C'�L lu.0 �GA_YLRl�I Form r ed May f r Su ission to Council By: � Adopted by Council: Date �S�i✓�a�p'� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��-�� 8 Departmentloificelcouncil: Date Initiated: S , -�tof��.��o� '13MAY-08 � Green Sheet NO: 3053630 ConWct Person & Phone: Rachel Tiemey 26687'10 oa,iuN-0a C�c�n1[t I�-4An Doc.Type: RESOLUTION E-Document Required: Y DocumentCo�Mact: JulieKraus Contact Phone: 26G8776 � I a pc of SafetY & Inso�oas � Assign 1 eot of SafeN & 7nsoections I Departmeot Director � Num6er 2 - ryAttomev I For Routing 3 a or's Office Ma or/Assisimt Order 4 ouncil 5 "ty C7erk CStY Clerk I Total # of Signature Pages _(Clip All Locations for SignaWre) Approval of the attached resolurion to take adverse acrion against the Retail Food (A)-Gtocery 1-100 sq. ft. license held by William Henry & James D. Williams, d/b/a 24-7 Productions & Services (License ID#20020005688) for the premises located at 924 Arcade SReet in Saint Paul. aations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has Nis persoNflrtn ever worked under a contrac[ for this department? Yes No 2. Has fhis person�rm ever been a aty employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any current cily employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee pled guilty and was convicted on Mazch 14, 2008 of Felony Violiarion of Controlled Substance Law - Sth Degree in violation of Saint Paul Legislative Code Secrions 310.05 (m) (5); 310.06 (b)(6)(a); 310.06 (b)(6)(b) and 310.06 (b)(6)(c). After norification, licensee requested a public hearing. AdvanWges If Approved: Liceuserevocation DisadvanWges If Approved: None DisadvanWges ff NotApproved: Trensaction: Funding Source: Financialinformation: (Explain) CostlRevenue Budgeted: Activity Number. May 13, 2008 10:39 AM Page 1 � OFFICE flF THE CITY ATTORNEY John Choi, CityAComey D�5-��8 saixr PAUL � Rea CITY OF SA(NT PAlJL Christopber B. Cofeman, Mayor Civi! Division 400 City Hal! i5 WestKeflogg Btvd. SaintPaut, Mnrtesofa 55102 Telephone: 651 26b-8710 Facsimile: 65129�5618 May I3, 20Q8 NOTICE OF COUNCII. HEARIlVG 7ames D. Williams 24-7 Producrions & Services 924 Arcade Street St. Paul, MN 55106 RE: Retail Food (A) — Grocery I-100 sq. R license held by William Henry & James D. WIlliams, d/b/a 247 Producfions & Services for the premises located at 924 Arcade S4eet in Saint Paul LicenseID #:2D020005688 DearMr. Williams: Please take notice that fltis matEer has been set on the Public Hearing Agenda for The City Council meeting scheduted for ii'ednesday, June 4, 2008, at 5:30 p.m., in the City Coimcil Chambers, Third Floor, Saint Paut City Hati and Ramsey County Courthovse. ` Enctosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested mattzr concerning the fact t6aY you pled guilry and were convicted on Marck 14, 2008, of Felony - Violation of Confrolled Substance Law - 5`� Degree in violarion of Sainf Paul Legislaiive Codes §310A5(m�5}. It is also a violation of Saint Paul Legislarive codes §310.06 (b){6){a), §3 i0.06 (bxb){b) and §310.06 (b)(6x o). Tius matter has been placed on tlie public hearing agenda portion of zhe City Council meeting dwing which public discussion is allowed. The recommendation of the licensing office for tfiis violaiion is xevocafion of your license. If there is aav information vou wouid like Citv Cauncil to review prior to the oubiic hearinp, I will need to reeeive it no later than Tuesdav. Mav 27. 2008. V ery truly yours, •'7 � Av�� Rachel Tiemey Assistane City Attomey cc: Chiistine Rozek, Deputy Dirutor of DSI Mary Erickson, Coimcil3ecretazy William Henry, 1697 MarshalI Avenue, St. Paul, MN 55 t04 Ms. Leslie McMurray, Executive B'uector, Payne Phalen District 5 Planning Councii I014 Payne Avenue, St. Paul, MN 55101-3933 Propes Properties, LLC, 3803 Nicollet Avenue South, Minneapolis, MN 55404-1303 AA-ADA-EEO Empioyer OFFICE OF Tf� CITY ATTORNEY John Choi, CityAttomey �� swtxr PAVG � AAAR CITY OF SAINT PAUL Christopher8. Co/eman, Mayor Civil Division 400 Ci(y Hall 15 West Kellogg 8/vd. Saint Pau1, Mnnesota 55102 Telephone: 651 26Cr8710 Facsimile: 651298-56>9 May 13, 2008 I�[�71Y[N�[�79[K�I/J�ZN� Iil.J�71�Cl3 James D. Williams 24-7 Productions & Services 924 Arcade Street St. Paul, MN 55106 RE: Retail Food (A) - Grocery 1-100 sq. ft. license held by William Henry & 7ames D. WIlliams, d/b/a 24-7 Productions & Services for the premises located at 924 Arcade Slreet in Saint Paul License ID #: 20020005688 Deaz Mr. Williams: Please take notice that this matter has been set on the Public Heazing Agenda for the City Council meeting scheduled for Wednesday, June 4, 2008, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Rauisey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their considerafion. This is an uncontested matter concerning the fact tLat you pled guIlty and were convicted on Mazch 14, 2008, of Felony - Violauon of Controlled Substance Law - 5`� Degree in violarion of Saint Paul Legislarive Codes §310.05(m)(5). It is also a violation of Saint Paul Legislative codes §310.06 (b)(6)(a), §310.06 (b)(6)(b) and §310.06 (b)(6)( c). 17us matter has been placed on the public heazing agenda portion of the City Council meeting during wluch public discussion is allowed. The recommendation of the licensing office for tius violation is revocaflon of your license. If there is anv information vou would like Citv Council to review nrior to the public hearine, I will need to receive it no later than Tuesdav, Mav 27. 2008. V ery truly yours, ��C,.Q. � _ Rachel Tierney � Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI �/Mary Erickson, Council Secretary William Aenry, 1697 Mazshall Avenue, St. Paul, MN 55104 Ms. Leslie McMurray, Executive Director, Payne Phalen Distdct 5 Planning Council 1014 Payne Avenue, St Paul, MN 55101-3933 Propes Properties, LLC, 3803 Nicollet Avenue South, Miuneapolis, MN 55409-1303 AA ADA-EEO Employer UNCONTESTED LICENSE MAT'I'ER 6� ��8 Licensee Name: Address: Council Date: 24-7 Productions & Services 924 Arcade Street St. Paul, MN 55106 Wednesday, June 4, 2008 @ 5:30 p.m. Violation: Licensee was convicted of Felony - Violation of Controlled Substance Law -5 Degree Possession on the licensed premises in violation of Saint Paul Legislative Codes §310.05 (m) (S7; §310.06(b)(�(a) and §310.06(b)(�(b). Dates of Violation: 10/11/2007 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: Revocation of License Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens dated 5/9/08 3. St. Paul Police Original Offense/Incident Report dated 1011/07 4. St. Paul Police Supplemental Offense/Incident Report dated 10/11/07 5. Certified copy of Register of Actions (1VINCIS) dated 5/13/2008 6. Notice of Intent to Revoke Licenses and Affidavit of Service dated 4/24/08 7. Letter from licensee requesting a public hearing dated 5/5/OS 8. Saint Paul Legislative Code §310.05 9. Saint Paul Legislative Code §310.06 License Group Comments Text OS/0912008 Licensee: WILLIAM HENRY & JAMES D WILLIAMS �BA� 247 PRODUCTION 8. SERVICES License #: 20020005688 6 0�� 10/11/2007 CN07204678 indicating that owner has illegal drugs on premises. DSI recommends license revocation - has violated ordinances related to licensed activity and is not of good charaderto hold a license (310.06(b)(6). 11/23/2004 Passed tobacco compliance check. RDH 02/19/2003 Addon application of co-owner James D. Williams. OK Per Corinne. LKK � Iti. A\ t �`�` k! :� Y .V�- - Y� ��I l: �Mw Vw ..� �_ . -.. ...'��it :` . .. - ` e s . . .. ` ~ . � a � fi' a.�; .�� :� • ^!4 . _�.. .... ' _ _ .e � / \ . � P .t �. E �: x i r 5 � y � .du e tpi�!a] --�-.... � �. y � .' �� 9� ar t�c.�, a �'n�¢ '�J�ai. � � '� tF e Ipk d+�`' ��v 2. ;V Ltl Ht'�� st t f� . .%..t Eh� . I�� A... �� e� C' b`84a hN i E• : t �1 wf • +�£ r�• , - I �n j _ � . r � � � i r' _' + ,e� ' _ .. . ) PY4rvU � ,� : ll. : � Lt�: �€�Ll.#� }"�lEd�! � aC� (71�: � PRPJC�t�`� T�rz kt 1 Pi "� � y,°:: ;=>" �.� ...�d��4�° 4.$�sqft � �� s�E. :� � Y�: , > � f � { .�.it �:ii i E ' V �' � � � �. E� '• + � � ' - �k�s c 1 T =+ i 'Z.'E ` ' i - e ( '> S e.�=.bLi �E � .'� �t 6 t • .I .. ' I - Y arvi _ " r � E ' ii '# 1'. : �..... . : �� `- % R s�. s • ' ! - • - � x:. ' • ' c� �� a'-� � i rs ,�. � ai � r � r s � �c�w� � �_ � • • �s s �n �n s �� • e c r t �.� � ' � E # ��}r � : ` � . . ��, �y° • 1 I + �'s. r�� stca ' 's� 1 � � �:. � E�� a x �a � i' � � � � � � � i � � .F Y� te- - - irl: -� - :..- . . - - �: .;: .. i . . .r �i, - , i:� �. �. anr .- I .. iE�IC rf.+ .�I:a . X . F 6�.. �.O( < t trE. ! I - [i . ' �'P F I [ /� `W F 1 E w ♦ 'i �t J- R A � , / �.Y �E ' P 4 � � �.- .�- �.� - ef ... � r€... ... �. � :r . : s -.g �� .. . � � 3:FPs ' � F It :It � � •i �� '� � V f 1 �!� , ��`t } ;�?�-`�'$ "� l� � �8i ��':'� ' _ � � �-� �'��`: �3 -,..y.:� L� Ty� �d � Ft �; ,�� ;;; a �� z � �. FEB-25-1996 16��4 P.62i24 , ( Saint Paul Police Department� Pa9B ' of4 ORIGINAL OFFENSE / INCiDENT REPORT Complant Number Re�ersnce GN Daro and T,me of Repod 07204678 Pfrmary oilense. SEARCH WARRANT-EXECUTION OF SEARCH WARRANT 10l11I200718:00:00 Primary Report/ng 011icer. Od18Ug David W Neme ot location/business: Primary spuad. s9q Location ol ircident gQ4 ARCADE ST Seconderyreportingofficer. ST PAUL MN 55106 Approver, pea�SOn, Mafk Dlsr>>cr.�tem Oate&tlmeoloccdrrence: �0/11J200718:0O:OOro Sire� Arrest made: Secondary o(fense: DRUGS-LOITERING. WITH INTENTTO SEIL Paree Ofl,'cerASeaulted o�lrymptl: CnmB SCene P/ooessetl: Police ONlcer Ass(sted Sulclda: � — OFFENSE DETAILS SEARCH WARRANT-EXECUTION OF SEARCH WARRANT attempt Onry� Appears to ae Gang Relared: Crime Scena fdethod & P o En try rYPe� Retail Forcaused• rfidfistva Desc�Jption: Specialty store Point o�emry Me[ho�' DRUGS-LOITERING, WITH lNTENT TO SELL Aifempt Only Appears to be Gany Fela(ed: 10/11 J200718:OQ:00 b�-��6 NAMES Arrestee Wiliiams, James Daniel 1154 EVAR ST N KNOWN MAPLEWOOD, MN 55179 Nieknames orAAasas n� mam=: r.nac aKa Fr�sttvame. Deta!!s Sez: Race: BIaCk Hispanrc: nxa cast Name. Doa QqJ09/1973 Age: 34 irom to Residan[ SISNS: OCT-25-2007 21�39 93i P•Bz FEB-25-1996 16�24 P.0324 Pa9e 2 ot a , �__ Saint Paul Police Department( ORIGINAL OFFENSE / INCIDENT REPORT Compla;n( Number Aeference CN Dafe and Tlme of Report 07204678 10/11/2007 18:00:00 Primary oflense• SEARCH WARRANT-EXECUTION OF SEARCH WARRANT (�g ��G/� Pbonea xame- CeIY Con!act. wo.ic Faz. Pager. Employmenf Oceupation: Iden ssn: Cicense ar/Dk: L/cense Sfate: Physfcat DescNptlon US: MeVic: He;ght to Build. Ha�rLength� HairCoWr. Weighh to SktA: Fac�alHSlr: NaliType: Teeth: Eys Gobr. Blood 7ypa: O N e nCerinfirmatlon Arrested: DUI: Cand;tron: Pursult engaged: Resistance encauntered: Taken to hea�ih oare facitity: Other Robinson, Patraya Patrice 1164 EVAR ST N MAPLEWOOD, MN 551i9 Nicknames or A(iases N;ck IVame: Atras: AKA Fi�St Name: Details Se.z• Female Phones N�m�e: Wolk: t�acs: Black Hispanic: Employment Gctiupa6on� Cep: Fax: Employer: Volated Resiraining Order. Medica! refe25e obt8iqed.' AKA L¢st Name: �os: 04/10/t 973 Age. g4 lrom io Conrecr. Pager. Empiayer. ResWentStafus: OCT-25-2007 21�39 94i P.03 FEB-25-1996 16�24 P.64i24 . . C_ Saint Paul Police Department�_ Pa9e 3 ofa ORIGINAL OFFENSE / INCIDENT REPORT Gompla;nt Na�moer Referrsce CN Date antl Time ol Report 07204678 Pnmary oflerue. SEARCH WARRANT-EXECUTION OF SEARCH WARRANT � a�1 ��200� � 5.0�:00 �V�� ldonrff/cation S�N' Ucense or fD#: LicanSe State: SIIA SOLVABILITY FAC70RS Scspect can be ltlBnh7ietl: PhotoS 7aken: Emdence Tumed In� Refated Incr'donh 8y: S[o/an PropeRy Traceable' PiopertyTumed ln� L�:, B��iogicn( Analysiy: Fingeryrints T��kr,+n. Narr,Otic Analysis: '.:;� ��*rments. B2rns Fingeiprinled� Participants: Person Type: Name: Address: Phone: Arrestee Other Wiiliams. James Daniel Robinson, Patraya Patrice 1164 EVAR ST R1 MAPLEWOOD, MN SSfi9 1764 EVAR ST N MAPLEWOOD, MN 55119 ��m�aa NARRA3�VE i OFF'^ER O�La,UG, SQD. 698, AM CURRENTLY ASSIGNED 70 THE FORCE UNI7, THE �ORCE UNIT INVEi i I�iATES COMPLAINTS OF PROBLEM PROPERTIES AND STf3EET LEVEI NARCOTICS. ON Fe�ruary 9, 2007, THE FORCE UNIT RECENED CONCERNED CITIZEN COMPLAINTS ABOUT POSSIBLE NARCOTICS QEALINGS TAKING PLACE AT 924 ARCADE STREET, THE 24I7 CD/STUDIO STORE. I CONDUCTED MY INVESTIGATION AND OBTAINED ENOUGH INFORMATIdN AND EVIDENCE TO W P!7E AN APPIICATION AND SEARCH WARRANT, FOR 924 ARCADE STREET. THE APPLICATiOf� AND 5EARCH WARRANT WERE PRESENTED TO AND SIGNED BYTHE HQPvi �;a.SLc JU17GE DiANE ALSHOVSE ON 10/l0/07. ON 1=:"'.'2007, AT APRQX. i 800 HOURS, MYSEL� AND 07HER FORCE UNIT OFFICER'S EXECUTED THE :3t_ARCH WARRANT AT 924 ARCADE ST. WE WERE SUPERVISED BY SGT. DUFF. OFFICER R. MUFIPHY IDENTIFIED TFiE OCCUPANTS Or THE_ STORE AND WHERE THEY WERE LOCRTED AT THE T!ME ENTRY WAS MRDE. OFFICER !�URPHY IDENTIFIED THE OWNER OF THE STO� tL AS JAMES DAN1El_ W ILLIAMS DOB: 04/09/73. V1� ILLIAMS WAS LISTED ON MY WARRANT. PURSUANT TO THE SEARCH WARRANT, OFFIGER SONTOYA: RECOVERED NUMEROUS ITEMS OF EV!dENCE, INCLUDING TWO LARGE ZiPLOC BAGS OF MARlJUANA, $1,216 IN US CURRENCYAND OCT-25-2007 21�39 94i P.04 FEH-25-1996 16�24 P.6524 . �_ Saint Paul Police Department�' Ps9 a°fd ORiGINAL OFFENSE 1 INCIDENT REPQRT Comp:e�n;'�urnLP� ReferenceCnl DeteandTuneo/Report 07204�78 Anmary oNCnse: SEARCH WARRANT-EXECUTION OF SEARCH WARRANT 10/11 /2007 i 8:00:00 f�'�� ..� -- OTHER PROPERTY. (SEE SUPPLEMENT} W(LL�AMS WAS ARRESTED FOR FELONY POSSESSION OF MARIJUANA WITH lNTENT. THE MARIJUANA WAS FOUND IN THE BACK NORTH EAST RDOM, IN HIS DESK.. ALSO RECOVERED IN HIS DESK WAS MAII. S�DRESSED TO HIM AND HIS 24/7 ID BADGE, SHOWING HE IS THE OWNER OF THE STORE. WfLL!kMS LATER ADMITTED THAT HE KEPT MARIJUANA IN THE STORE, TO OFFICER S. MURPHY DURING AN INTERVIEW AT THB LEC. (SEE OFFICER S. MURPHY'S SUPPLEMENT) W ILLIAMS WAS TRANSPORTED TO THE LEC BY SQD. 398, OFFICER'S REGINEK/DUNASKI. OFF!^' :? S. MURPh?Y GONDUC7ED P.h� INTERVIEW W 14H WlLLIAMS AT 7HE LEC. TWO PEOPLE IN THE STORE WERE CITED FOR POSSESSION OF SMALL AMOUNT OF MARIJUANA AN� ��=�EASED.(SEE OFFICER R. MURPHY'S SUPPLEMENT) I Lc� �. COPY OF THE RECEIPT, INVENTORY ANr7 RETURN AS W ELL AS A COPY OF THE SEARCH W:4R =� ��I�T AT 924 ARCADE ST. WILLIpMS WIFE IDEN7IFIED AS PATRAYA PATRICE ROBINSON DOB: 04(10/73, ARRIVED ON SCENE AND . �SAVE HEA THE KEYS TO THE STORE. Oc=e: '-? R. MUP,PHY BQOKED WILLfAMS INTO THE RC JAI� FOR FELONY POSSESSION OF MARiJUANA WITH INTENT. A CR '_1; VAL HISTOHY WAS FOUND ON WILLIAMS. .�. �� PUBLIC MARRATIVE ON 101� �/07, AT APROX. 1800 HOURS, THE FORCE UNIT, EXEGUTED A WARRANT AT 924 ARCADE STREET, THE 24/7 CD%STUDIO 5TORC. RECOVERED WAS �1,2161N CASH AND AN AMOUN7 OF MARI,! iANA. THE FOLLOWING WERE e00KED/CITED.BOOKFD: (STORE OVNNER) WILLIAMS, JAMES DANI _r� !�08: 04/09/73. B/IVI, 1164 EVAR ST N, MAPLEWOOD, MN 55119. FELONY POSSES$I�N �F MARIJ�JANA WITH INTENT.CITED: 7. LITTLES, ALAN DUANE DOB: 06/19/74, B/M, 1351 HAGUE AVE, 5T PP.UL '�N 55104. POSSESSION SMALL AMOUNT MARIJUANA. 2. JOHNSON, JEROME LEE DOB: 04/'L5�8�. B/M, 617 2ND AVE S, SO S7 PAUL , MN. POSSESSION SMALL AMOUNT MARIJUANA. OCT-25-2007 21�40 94i P.BS FEB-25-1996 16�28 P.23/24 Pa9e 1 of 2 . (_ Saint Paul Palice Departmen� St1PPLEMENTAL OFFEHVSE � 1N�IDENT REPORT Compyinr ��mn�Uer Refe�znce ^u Date andTime of Report 0720=a !;78 10/11 /200718:00:00 Primarn o�' - SEAF�=-�H WARRANT-EXECUTION OF SEARCH WARRANT �� a� �. — Prmary N.;.orting �rer. M��phy, Shawn o Nane oflocatio,vbusieese: ?.:marv sc,u��+: o^Sp Lo�•e,ion c: lnc�dc-a'. q?S ARCADE AV Secc»Ar�� `��Ringoniccr� ' ST PAUL, MN 55106 aap�o�er. poarson. Mark District' E25tefn Date 6 hme of oocunence: � QH 1/2007 18:00:00 ro Si:e: 10l11 /2007 18:00:00 .Q//6>! N" � Secend, . ��rense: Pelice C.':�er Aso;:ulh�c or tri(ure�d: Peli,:e Ufllv;r AsSF;lsu u^uiade: Crirne ?,, : �"� ProCeS3EU' � ��rrrw OFFEN'��r: P3ETAILS SEdRC`!'•NlaRRANT-EXECUTIQN OF SEARCH WARRANT Ah; �a' Only: Appoars to be uang t?elsted: ��16n'.Y�� 1 NANli'c.5 Other Williams, James Daniel 901 SYCAMORE ST PAUL, MN �Yi:knnmos or Alissas n f n;ama e :: 'r n F�rst Namz• AKA LaSt Naa�e' _:7,�;e �zX: Male �l•ones ' n; v�miu 651-776-4757 .:.:: �toymenr �T li:Bt1011.' lNUnt)f SSN. nrT—��—�ARO ��:a� i7ace: Black Hispanic: r.Bl�: Fax� Doe: 04109�1973 Age: 3�i 7�m ta CWIt8G1: P3ger Empio iEr: 24.(J llcense or /Dt1: 96� Rasident Status: License State: P.23 FEB-25-1996 16�28 (-�-_ Saint Paul Police Departmen�__ SUPPLEMENTAL OFFENSE J I�iGIDENT Gompla�r!! R'�n�iL�Br Rete�ence CN 0720��`'?8 Primari 0• �. � `?� SEARGH WARRA�;T-EXECUTION OF SEARCH WARRANT SOLVAS+.L7TY FACrc S�sprc' cs� be IdendfieC: Photos Taksn: r_v�.Hence Tumed !n: N�laied Incident. C.Bll 13�mog�c2lAnary56= Flnqerprinfs Taken: Narcotic Analysis: : ;•7 :�mments: Person TJ��: Name: Other W ilfiams, James Danief I, �"}F=r=iCER S MURPHY (SQUAD 680) AAd CURRENTtY ASSIGhfED 1'O TNE FORCE UN1T. THE FORGE UNI �"�ESPONDS TO PROBLEM PROPERTIES, STREET LEVEL NARCOTICS, AND QUALITY OF LIFE ISSUE3 BY- Stolen Properfy TracEa6le� Property 7umeA 1n: Items F'rngerpnnted. Address: 901 SYCAMORE ST PAUL, MN P.24/24 Paga 2 of 2 REPORT Date and 71me o! Repo�t 10l11I2007 18:OQ:00 b8 -5�� Phone: Gl�. '��-11-07 V ASSISTEO OFFICER ODLAUG WITH EXECUTING A SEARCH WARRANT AT 924 ARC,+i'�;.' AVE. i WAS ASSIGNED TO INTERVIEW ANY POSSIBLE SUSPECTS. AF7ER EVERYONE WAS SF_CUfa:�D THE SUSPECT WILUAMS, JAMES DANIEI, DOB OA-09-73, WAS TRANSPORTED TO THE R�4M7'-1' CO. LEC. AT 7HE LEC I INTERVIEWED WILLIAMS. THE INTERVIEW WAS DIGITALLY REt;(��•�DED. I READ WILLIAMS HIS MIRANDA RIGHTS PER SPPD FORM PM 247.1-95R. WILLIAMS S A ; :.�i� ��SLcFtSTOOD HIS RIGHTS, SIGNED TH� � OFid�, AND AGREED TO SPEAK WITH ME. THE FOLLI?W ING iS A SRIEF SUMMARY OF THE RECORDED INTERVIEW. WILLIAMS STATED HE OWNS 924 AP.Cr•� -Ec AV'E. 2�F%?. HE ADMITTED T�� SMOKING N(A�ll_:Uf+I�P. IN THE STORE WITH OTHERS 1N THE "FI'=C.. �GiNV S� UD€O". W1_�IP.MS STATEQ HE HAD 1 CP 2 OUNCES IN A PURPLE BAG THE BACK R�)G� �'N BY THE COMF'UTER. 1 ASKED W1L�IAMS ABOUT THE SCA�E AND BAGGIES. WILLIAMS STF:'�:7 HE DID,"1'T KNOW ANYTHING ABOUT SELL.iNG MARIJUANA. I ENDED THE INTERVIEW AND GAUL-. vi;LLIAMS A COPY OF HIS RIGHTS. T: ,._ �?IG{TAL lNT�RVIEW WAS LATER DQWNLOADED ON'O A SECURE MEDIA pRNE. ��r ��i � pUBL►C l'�.qRRRTIVE .,,-T -,� �,�� -„ . ,, � 96� TOTAL P.24 P.24 Page 1 of 2 Logaut Search Menu New Criminal Search Back REGISTER OF ACITONS C.asE No.62-KO-07-003892 The State of Minnesota vs. JAMES DANIEL WILLIAMS, [10dt-07j § § § § § Location : - Ramsey Criminal Help a� -�� Case Type: Felony Date Filed: 11105/2007 Location: �msey Criminal Downtown PABTYINFORMATIOx Defendant WILLIAMS, JAMES DANIEL MAPLEWOOD, MN 55119 Lead Attorneys CHAMPAGNE, CHRISTOPF Public Defender Jurisdiction SWte of Minnesota C$ARGEINFORMATION Charges: WILLIAMS,JAMES �ANIEI 1. VOCSL5 POSS SCH1,2,3,4, (Not applicable - GOC) Shtute Level Date 152.025.21 Converted: Offense L10/11/2007 EVENTS & ORDERS OF THE COURT 07/30/2008 03l14/2008 03/14/2008 11/05/2007 11/05l2007 12/17/2007 72/17/2007 12/'18/2007 12/27/2007 DISPOSTCIONS Plea (Judicial Officer. Judge, Presiding) 1. VOCSLS POSS SCH7,2,3,4, (Not applicable - GOC) Guilty Dispasition (Judicial Officer. Judge, Presiding) 1. VOCSL5 POSS SCH'1,2,3,4, (Not applicable -GOC) Convicted SV 45D-CRD 6D TSI 3/31/OB 9AM RCCF WR/xGSTS;$100/$78SC/SAVE UTC PB/LA;MENTL HLT PROG;DNA;ED/VOC CSL;CNLSG/PROG PR PO;PM Conditional: 45 Days Length of Stay: 5 Yeass Probation Type: Supervised Converted Disposition: Fined: $100.00 Surcharge: $78.00 Converted Disposition: 6ther Court Provisions: 570: Chem.Dependency Eval 548: Abstain from Alchol/Drugs 572: Random Breath/UrTest Converted Disposition: Comments: Converted TCIS Criminal Sentence (Judicial Officer: Rosas, Salvador) t. VOCSL5 POSS SCH1,2,3,4, (Not applicable - GOC) Converted Disposition: Pronounced: 13 Months ConEinement NCIC: MN062023C - Ramsey County Workhouse Probation: 5 Years Probation NCIC: MN062013G - Ramsey Co. Probation Office OTHER EVF,N'1'S AND FIEARINGS DOC-DOCUment Filed FLD-Case Fled CANCELED 1st Appearance District Court (120 PM) (JUdicial Officer Awsumb, Robert) Other Hearing (�:20 PM) (Judicial OfficerAwsumb, Robert) Result Converted Activity Shatus Flag Occurred WAR-Warrent Issued 1st Appearance District Court (120 PM) (Judicial Officer Fetsch, Michael F.) http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=672265660 5/13/2008 Page 2 of 2 12/27/2007 01/04/2008 �'1 /1 6120 0 8 01/16/2008 01 /16/2008 O7/16/2008 01/30l2008 01 /30/2008 Result Converted Adiv'ity Stat�s Flag Occurred WRD-Warrant Retumed �O�� 01/30/2DD8 01/30/2008 03/'14/2008 03/'14/2008 03/14l2008 03/'14/2008 03/17/2008 ORD-0rder DOFDocument Filed DOC-Document Filed CANCELED Hearing (120 PM) (Judicial Officer Felony Omnibus, Ramsey Crm) Other Hearing (120 PM) (Judicial Officer Monahan, M. Michael) Result Converted Activ'ity Status Flag Occurted CANCELED Omnibus Hearing (1:15 PM) (Judicial Officer Rosas, Salvador) Other Piea Hearing (1:15 PM) (Judicial Officer Rosas, Salvador) Result Converted Adivity Status Flag Oxurred ��. PSO-PreSentence Investigation Ordered to Auditor :nt Filed (9:00 AM) (Judicial OFficer Rosas, Salvador) arted Activity Status Flag Occurred NYNANCLIL INFORMATION Defend ant WILLIAMS, JAMES DANIEL T otal Financial Assessment T otal Payments and Credits Bal ance Due as of 05/13l2008 03/14/2008 T ransaction Assessment http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=672265660 778.00 0.00 178.00 178.00 5/l3/2008 r James D. VJilliams Apri124, 2008 Page 2 � At this time you have two options on how to proceed: bg��8 1. If you wish to admit the facts but contest the penalty, you may have a public hearing 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, May 5, 2008. The matter will then be scheduled before the City Council for a public heating to determine whether to revoke yow license. You will have an opportunity to appear before the Council and make a statement on your own behalf. 2. 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 appeaz and present witnesses, evidence and cross-exawine the other's witnesses. The St. Paul City Council will ultimately decide the case. If tius is your choice, please advise me by Monday, May 5, 2008, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you do not contest the revocation of your license. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you haue questions about these options, please feel free to contact me at 266-8710. Sincerely, Izc�.�l�. 1 c:,�, v,,�, Rachel Tiemey Assistant City Attorney cc: Christine Rozelc, Deputy Director of DSI William Henry, 1697 Mazshall Avenue, St. Paul, MN 55104 Ms. Leslie McMurray, Executive Director, Payne Phalen District 5 Planuiug Council 1014 Payne Avenue, St. Paul, MN 55101-3933 STATE OF NIDVNESOT.�� - j ss. COUNTY OF RAMSEY ) 6� -�"�� Julie Kraus, being first duly sworn, deposes and says tbat on the 24�` day of April, she served the attached NOTICE OF INTENT TO REVOKE LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: James D. Williams 24-7 Productions & Services 924 Arcade Street St. Paul, MN 55106 William Henry 1697 Mazshall Avenue St. Paul, MN 55104 Ms. Leslie McMurray, Executive Director Payne Phalen District 5 Planning Council 1014 Payne Avenue St. Paul, MN 55101-3933 (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 24�' day April, 2008 _ � ��iu� Notary Public AFFIDAVIT OF SE�_ . ICE BY U.S. MAIL RITA M. BOSSARD lDTARY PUBLIC - M INNESOTA MV COMtr9SSiON EXPIRES JAN. 31. 20 1 0 05/05/2008 14:44 6517717352 BONNSTAX PAGE 01 6�-��g Z�n �,��. � s�:� 9z4 p� sz.� � ��,�P, MN SS�06 t6s1) �1�-4?57 May 5, 2008 Rachel Tiemey rassistant City Attorney City of Saint Paul p�cc of the t�ttozney General 400 City Hal1 15 West Kellog> Blvd. SainL Paul, NIN 55102 RE; Notice of Intent to Revoke License License ID #20020005685 Deaz Ivts. Tierney: In response to your letter datetl Apzi124, 2008 i would like to proceed with option l. I admit the facts as stated in tila lettez but contest the penatty. I wish to have a puUlic l�eazing to determine the revocation of my license. I hope thas this lettcr is sufficiexit io a1Iow for the public heazing as I do wish to make a statement on rny behalf'. S' cerely, i�ik=x'" � James D. Willzams Owner of 24n P�d,.rx;a.K � S�w� MR7'-65-20a8 15�03 6517717352 98i P.01 City of St. Paul, MN - Official Websate - City Charter & Codes Page 1 of 4 �8 - ��8 Sec. 310.05. Hearing procedures. (a) Adverse action; no6ce and hearing requirements. In any case where the council may or intends to consider � acfion, including the revocation or suspension of a license, the imposifion of conditions upon a license, or the de application for the grant, issuance or renewai of a license, or the disapproval of a license issued by the State of applicant or licensee shali be given notice and an opportunity to be heard as provided herein. The council may c adverse actions when recommended by the inspector, by the director, by the director of any executive departme pursuant to Chapter 9 of the Charter, by the city attomey or on its own initiative. (b) Notice. In each such case where adverse action is or wiil be considered by the council, the applicant or licen been notified in writing that adverse action may 6e taken against the license or appficafion, and that he or she is hearing before action is taken by the council. The notice shali be served or mailed a reasonable time before the shall state the place, date and time of the hearing. The notice shall state the issues involved or grounds upon wl action may be sought or based. The council may request that such written notice be prepared and served or ma inspector or by the city attomey. (c) Hearing, Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitic aggravating circumstances, the hearing shall be held before the council. Othenvise the hearing shall be conduci hearing examiner appointed by the council or retained by contract with the city for that purpose. The applicant o be provided an opportunity to present evidence and argument as well as meet adverse testimony or evidence b� cross-examination and rebuttal evidence. The hearing examiner may in its discretion permit other interested per opportunity to present testimony or evidence or otherwise participate in such hearing. (c-1) Procedure; hearing examiner. The hearing examiner shall hear all evidence as may be presented on beha the applicant or licensee, and shall present to the council written findings of fact and conclusions of law, togethe recommendation for adverse action. The council shall consider the evidence contained in the record, the hearing examiner's recommended findings conclusions, and shall not consider any factual testimony not previously submitted to and considered by the hea After receipt of the hearing examiner's findings, conclusions, and recommendations, the council shail provide th� licensee an opportunity to present oral or written arguments alleging error on the part of the examiner in the app or interpretation of the facts, and to present argument related to the recommended adverse action. Upon conclu hearing, and after considering the record, the examiner's findings and recommendations, together with such adc presented at the hearing, the council shali determine what, if any, adverse action shall be taken, which action sh resolution. The council may accept, reject or modity the findings, conclusions and recommendations of the hear (o-2) Ex-parte contacts. If a license matter has been scheduled for an adverse hearing, council members shall n Iicense matter with each other or with any of the parties or interested persons involved in the matter unless sucY on the �ecord during the hearings of the matter or during the council's final deliberations of the matter. No intere: with knowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, ora any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or council has taken fina! action on the matter, provided, however, that nothing herein shall prevent an inquiry or cc regarding status, scheduling or procedures concerning a license matter. An interested person, for the purpose o shall mean and include a person who is an officer or employee of the licensee which is the subject of the schedi hearing, or a person who has a financial interest in such licensee. (d) Licensee or applicant may be represented. The licensee or applicant may represent himself or choose to be another. (e) Record,� evidence. The hearing examiner shall receive and keep a record of such proceedings, including tesl exhibits, and shall receive and give weight to evidence, including hearsay evidence, which possesses probative accepted by reasonable and prudent persons in the conduct of their affairs. (� Council action, resolution to contain findings. Where the council takes adverse action with respect to a licens� applicant for a license, the resolution by which such action is taken shali contain its findings and determination, i http://www.ci.stpaul.mn.us/web/CityCode/1c310.htm1 5/9/2008 City of St. Paul, MN - Official Website - City Charter & Codes Page 2 of 4 bd'��8 imposition of conditions, if any. The council may adopt all or part of the findings, conclusions and recommendati hearing examiner, and incorporate the same in its resolution taking the adverse action. (g) Addifionai procedures where required. Where the provisions of any statute or ordinance require additional nc procedures, such provisions shall be complied with and shall supersede inconsistent provisions of these chapte include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota : 340A415. (h) Discretion to hear notwithstanding withdrawal or surrender of application or license. The council may, at its d conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding th or licensee has attempted or purported to withdraw or surrender said Iicense or application, if the attempted witr surrender took place after the applicant or licensee had been notified of the hearing and potential adverse actior (i) Confinuances. Where a hearing for the purpose of considering revocation or suspension of a license or other action involving a license has been scheduled before the council, a continuation of the hearing may be granted I president or by the councii at the request of the licensee, license applicant, an interested person or an attorney i foregoing, upon a showing of good cause by the party making the request. Q) If the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action : by the license inspector and posted by the licensee so as to be visible to the public during the effective period oi action. The licensee shall be responsible for taking reasonable steps to make sure the notice remains posted or the licensed premises, and failure to take such reasonable precautions may be grounds for further adverse actic (k) Imposition of cosfs. The council may impose upon any licensee or Iicense applicant some or all of the costs c hearing before an independent hearing examiner. The costs of a contested hearing include, but are not limited b administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, cifi attomey time for which adequate records have been kept, rental of rooms and equipment necessary for the hea of expert witnesses. The council may impose alI or part of such costs in any given case if (i) the position, claim c licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay c the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employeE invoived the sale of drugs by the licensee or employees thereof, and/or the circumstances under which the viola were aggravated and serious; (iii) the violation created a serious danger to the public health, safety or welfare; ( involved unreasonable risk of harm to vulnerable persons, or to persons for whose safety the licensee or appiic� responsible; (v) the applicant or licensee was sufficiently in control of the situation and therefore could have rea: the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew required insurai the violation is covered by the matrix in section 40926 ot the Legisiative Code; or (vii) the violation involved the to a minor. (I) lmposition of fines. The council may impose a fine upon any licensee or license applicant as an adverse licen may be in such amount as the council deems reasonable and appropriate, having in mind the regulatory and en purposes embodied in the particular licensing ordinance. A fine may be in addition to or in lieu of other adverse , discretion of the council. To the extent any other provision of the Legislative Code provides for the imposition of provisions shall be read together to the extent possible; provided, however, that in the case of any conflict or inc other provision shall be controlling. (m) Presumpfive penalties forcertain violations. The purpose of this section is to establish a standard by which i determines the amount of fines, the length of license suspensions and the propriety of revocations, and shall ap types, except that in the case of a violation involving a liquor license § 40926 shall apply where a specific violat These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in a where the council finds and determines that there exist substantial and compelling reasons making it more appn When deviating from these standards, the council shali provide written reasons that specify why the penalty sele appropriate. Type of Violation Appearance 1st 2nd 3rd http://www.ci.stpaul.mn.us/web/CityCode/1c310.htm1 5/9/2008 City of St. Paul, MN - Official Website - City Charter & Codes Page 3 of 4 ��' J � (1) �olations of conditions placed on the license (2) Volation of provisions of the legislative code relating to the licensed activity (2) Volation of provisions of the legislative code relating to the licensed activity, other than violations of the food code (3) Failure to permit entrance or inspection by LIEP inspector or police (4) Commission of a crime other than a felony on the premises by a licensee or employee $500.00 fine $1,000.00 fine $2,000.00 fine anc day suspension $500.00 fine $1,000.00 fine $2,000.00 fine anc day suspension $500.00 fine $1,000.00 fine $2,000.00 fine anc day suspension 5-day 10-day 15-day suspensior suspension suspension $700.00 $1,500.00 5-day suspension (5) Commission of a felony on the premises by a licensee or $2,000.00 Revocation empioyee (6) Death or great bodily harm in establishment related to 30-day 60-day violation of law or Iicense conditions suspension suspension (7) Faiiure to pay license fees (8) Critical violations under 331A Revocation $250.00 $500.00 (9) Non-critical violation under 331A (i) Fines paya6le without hearing. $150.00 $250.00 n/a Revocation $1,000.00, 5-day suspension $500.00 A. Notwithstanding the provisions of section 310.05(c), a licensee who would be making a first or second appea councii may elect to pay the fine to the Department of Safety and Inspections without a council hearing, unless t violation has indicated that a hearing is required because of circumstances which may warrant deviation from th fine amount. Payment of the recommended fine will be considered to be a waiver of the hearing to which the lic� and will be considered an "appearance" for the purpose of determining presumptive penaities for subsequent vic B. For adverse action initiated under Chapter 331A of this Code, a fine may be paid without a hearing regardles: prior appearances that licensee has made before the Council. The above council hearing requirement appiies tc Chapter 331A unless the fine recommended by the Department of Safety and Inspections is equal to or less tha outlined in the above matrix. Payment of the recommended fine wili be considered to be a waiver of the hearing licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penaltie violations. A non-critical violation under chapter 331A shall not be considered an "appearance" for purposes of c presumptive penalties for non-331A violations. A council hearing is required if the Department of Safety and Ins� recommends a fine that is an upward departure for the amount outlined above. (ii) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act violations that have been alleged and/or incorporated in the notices sent to the licensee under the administrative up to and including the formal notice of hearing. The council in that case shall consider the presumptive penalty violation under the "1st Appearance" column in paragraph (b) above. The occurrence of muitiple violations shall departure from such penalties in the council's discretion. (iii) Violations occurring after the date of the notice of hearing. Violations occurring after the date of the notice of brought to the attention of the city attorney prior to the hearing date before an administrative Iaw judge (or befor� an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, an case be treated as though part of the "1st Appearance." In all other cases, violations occurring after the date of 1 of hearing shall be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the counc procedures shall apply to a second, third orfourth appearance before the council. (iv) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particular licer shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance wit particular violation or violations that were the subject of the first or prior appearance. However, non-critical violat 331A shall not be counted as an "appearance" before the Council in relation to any violation other than another Chapter 331 A. http://www.ci.stpaul.mn.us/web/CityCode/1c310.htm1 5/9/2008 City of St. Paul, MN - Official Website - City Charter & Codes Page 4 of 4 (v) Computation oftime. �g �� (1) If a licensee appears before the councii for any violation in paragraph (m) where that violation has occurred � calendar months after the first appearance of the same licensee for a violation Iisted in paragraph (m) above, th� appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. (2) if a licensee has appeared before the council on iwo (2) previous occasions for violations Iisfed in paragraph licensee again appears before the council for a violation listed in paragraph (m), and if the current violation occu eighteen (18) calendar months of the violation that gave rise to the first appearance before the council, then the appearance shall be treated as a third appearance for the purpose of determining presumptive penalty. (3) If a licensee has appeared before the council on three (3) previous occasions, each for violations listed in pa if said licensee again appears before the council for a violation contained in paragraph (m), and if the current vic within twenty-four (24) calendar months of the violation that gave rise to the first appearance, then the current a� be treated as a fourth appearance for the purpose of determining the presumptive penairy. (4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance. In c� violations in any appearance, the date to be used to measure whether tweive (12), eighteen (18), or twenty-four have elapsed shali be the date of the violation last in time at the first appearance, and the date of the violation fi subsequentappearance. (5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second appearance before the council regarding bodily harm in a licensed establishment that is related to a violation of the law or license conditions shall be cow appearance, regardless of how much time has passed since the first appearance if the first appearance was als death or great bodily harm in a iicensed establishment. A third appearance for the same shali be counted as a tl regardless of how much time has passed since the first or second appearance. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-1 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-1 95-473, § 4, 5-31-95; C.F. No. 05-180, § 1, 4-6-05; C.F. No. 06-954, § 1, 11-8-06; C.F. Na. 06-1072, § 1, 12-27- 149, § 73, 3-28-07; C.F. No. 07-1053, § 1, 11-28-07) http://�vww.ci.stpaul.mn.us/web/CityCode/1c310.htm1 5/9/2008 City of St. Paul, MN - Official Website - City Charter & Codes Page 1 of 3 68 �� S Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions. (a} Council may take adverse action. The councii is authorized to take adverse action, as defined in section 310 any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse entertainment licenses issued under chapter 411 of the Legisiative Code may be initiated for the reasons set for (b) below, or upon any lawful grounds which are communicated to the license holder in writing prior to the hearir council. Such actions shall be initiated and carried out in accordance with the procedures outlined in section 31C however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior prc (b) Basis for action. Such adverse action may be based on one (1) or more of the following reasons, which are i other reason specifically provided by law or in these chapters: (1) The license or permit was procured by misrepresentation of material facts, fraud, deceit or bad faith. (2) The applicant or one acting in his or her behalf made oral or written misstatements or misrepresentations of accompanying the application. (3) The license was issued in violation of any of the provisions of the zoning code, or the premises which are licE to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in violation of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the re: or renewing the license. (6) a. The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applica performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or reasonably related to the licensed activity, regardless of whether criminai charges have or have not been brougl therewith; b. The licensee or applicant has been convicted of a crime that may disqualify said applicant from holding the lic under the standards and procedures in Minnesota Statutes chapter 364; or c. The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) I permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the licensed activit inference of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public hi welfare, or the licensee performs or has performed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in which such business is operated, maintains or permits conditions that u annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inember: (9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under chapter 114 Legislative Code. (10) The licensee or applicant has shown by past misconduct or unfair acts or dealings: physical abuse, assaulC done to others, inciuding, but not limited to, actions meeting the definition of criminal sexual conduct pursuant to Statutes sections 609.342 through 609.3451; sexual abuse, physical abuse or maltreatment of a child as define� Statutes section 626.556, subdivisions 2 and 10e, including, but not Iimited to, acts which constitute a violation c Statutes sections 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; neglect or endangerment of a Minnesota Statutes section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery, transportati barter of a controlled substance as defined in Minnesota Statutes chapter 152; the possession of a controlled si defined in Minnesota Statutes chapter 152 in such quantities or under circumstances giving rise to a reasonable http://www.ci.stpaul.xnn.us/web/CityCode/ic310.htm1 5/9/2008 City of St. Paul, MN - Official Website - City Charter & Codes Page 2 of 3 6d -��8 possession was for the purpose of sale or distribution to others; or by the abuse of alcohol or other drugs, that s applicant is not a person of the good morai character or fitness required to engage in a licensed activity, busine: (11) The licensee or applicant has materially changed or permitted a material change in the design, constructior of the licensed premises without the prior approval of the city council in the case of Class N licenses, the directc Class T licenses, and the inspector in the case of Class R licenses, or without first having obtained the proper b from the city. (12) The licensee or applicant has violated section 294.01 of the Legislative Code, or has made or attempted to prohibited ex parte contact with a council member as provided in section 310.05(c-2) of the Legislative Code. (13) The licensee violated the law or any iicense condition and that violation is related to a death or great bodily in Minnesota Statute section 609.02, subd. 8, in or near the estabiishment. (14) The licensee has failed to pay license fees within sixty (60) days of the date the fees are due. Licensee mu: outstanding fees and delinquent fees in total. Failure to do so within sixty (60) days of the due date may result ir the license. A revocation for this reason, however, is not considered a revocation resulting from misconduct or u licensee, evidence of violations of law involving Iicensed premises, evidence that the applicant had been involve operation of a nuisance, or fraud or deception in the license application. Therefore, the requirement of § 310.02( application within one year of revocation shall not apply to revocations under this paragraph. The terms "licensee" or "appiicant" for the purpose of this section shali mean and include any person who has a whether as a holder of more than five (5) percent of the stock of a corporation, as a partner, or otherv✓ise, in the the business or activity which are licensed or proposed to be licensed. With respect to any license for activities entitled to the protection of the First Amendment, notwithstanding the fc provisions, neither the lack of good moral character or fitness of the licensee or applicant �or the content of the or matter shall be the basis for adverse action against the license or application. (c) Imposition ofreasonable conditions and/orrestrictions. When a reasonable basis is found to impose reasona and/or restrictions upon a license issued or heid under these chapters, any one (1) or more such reasonable coi restrictions may be imposed upon such license for the purpose of promoting public health, safety and welfare, o public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peacefi urban life, or promoting security and safety in nearby neighborhoods. Such reasonable conditions and/or restrid or pertain to, but are not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particular types of acti� in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establishment where particular typ may be conducfed; (3) A limitation as to the means of ingress or egress from the licensed establishment or its parking lot or immedi; area; (4) A requirement to provide off-street parking in excess of other requirements of law; (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishn (6) Any other reasonable condition or restriction limiting the operation of the licensed business or establishment the business or establishment will harmonize with the character of the area in which it is located, or to prevent tF or continuation of a nuisance. The inspector may impose such conditions on Class R Iicenses with the consent of the license holder, or may re http://www.ci.stpaul.mn.us/web/CityCode/1c310.htm1 5(9/2008 City of St. Paul, MN - Official Website - City Charter & Codes Page 3 of 3 65-�8 imposition of such conditions as an adverse action against the license or licenses; the inspector has the same p to Ciass T licenses. The council may impose such conditions on Class N licenses with the consent of the licensE arty class of licertse as art adverse action against the license or licenses following notice and hearing as may be conditions may be imposed on a license or licenses upon issuance or renewal thereof, or upon and as part of ar against a license or licenses, inciuding suspension. Conditions imposed on a license or licenses shali remain on when renewed and shall continue thereafter untii removed by the councii in the case of conditions on Class N lic conditions imposed by adverse action, and by the inspector in the case of Ciass R and T Iicenses. (d) Standards for multiple license determination. in any case in which the council is authorized to take adverse � less fhan a(I of the licenses held by a licensee, or app(ied for by an applicant, the foliowing standards may be us (1) The nature and gravity of the grounds found by the council to exist upon which the adverse action would be I (2) The poiicy and/or regulatory goals for the particular Iicenses involved, either as embodied in the Legislative ( and determined by the council; (3) The interrelationship of the licenses and their relative importance to the overall business enterprise of the lic� applicant; (4) The management practices of the licensee or applicant with respect to each of such licenses; (5) The extent to which adverse action against less than all of the licenses or applications would result in difficul and monitoring the adverse action faken; (6) The hardship to the licensee or appiicant that would be caused by applying adverse action to all licenses or a (7) The hardship and/or danger to the public, or to the public health and welfare, that would result from adverse Iess than all of the licenses or appiications. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-8! 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 4-28-92; C.F. No. 94-500, § 3, 7 94-1340, § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95; C.F. No. 99-500, § 3, 7-7-99; C.F. No. 06-954, § 2, 11-8- 1072, § 2, 12-27-06) http://www.ci.stpaul.mn.us/web/CityCode/1c310.htm1 5/9/2008 � SAtNT PAIIL CITY OF SAINT PAUL � Clu�istopfier B. Co7eman, M¢yor AAAA Apri124,2008 ( � "�� OFFICE OF THE CITX ATTORNEY Jolm J. Choi, CiryAttamey Civil DiVision 400 Ciry $all I S West KelloggBtvd Samt Pau� .Ltnmesota 55102 NOTICE OF INTENT TO REVOKE LICENSE James D. Williams 24-7 Productions & Services 92d Arcade Sireet St. Paul, MN 55106 Telephone: 651266-87I0 Facsimile: 65I 298-56I9 RE: Retail Food (A} — Grocery 1-100 sq. ft, license held by William Henry & 7ames D. Williams, d/b/a 24-7 Productiotts & Services for the premises located at 924 Arcade Street in Saint Paul License ID #: 20020005688 Deaz Ivlr. Williams: The Department of Safety and Inspections (DSl� has recommended revocation of the RefaiI Food (A) — Crrocery 2-100 sq. $. license held by WilIiam Henry & James D. Williams, d/b/a 24-7 Productions & Services for the premises located at 924 Arcade Street in Saint Paul. The basis for the recommendarion is as follows: On March 14, 2008, you pled guilty and were convicted in Ramsey County District Court of Violation of Controlled Substance Law — 5 Dearee Possession This offeuse took place inside the licensed establishment in violation of St. Paut Legislative Code §310.06(b} (6} (a) whicfi sfafes: "The licensee or applicant (or any person whose conduct may by law be imputed to tJze licensee or applicant) has violate� or performed any act which zs a viodation of, any of the provisinns of these chapters or of any statute, ordinaxce or regulation reasoxaLly related to lhe Zicensed activity, regardless ofwhether criminal charges have or have not been brought in conneciion therewith..." Also, St Paul Legislative Code §310.06(b)(6}(i�) wluch states: "The [icensee or applicattt has been convicted of a crime that may disqua[� said applicant from holding tke license in question under the standards and prncedrues in Minnesota Statutes Chapter 364" and St. Paul Legislative Code §310.06(b)(�(c) which states: `°The licensee or applicant (or any person whose conduct may by [aw be imputed to the Zicensee or applicaxt) has engaged in or permit[ed a paitern or practice of coaduct nf fnilrire to cnmpdy witla Zaws reasonably relaied to the licensed aclivity or from which an inference of Zack of fitness or good characfer may be drawn. " l�nally, it is a violation of St. Paul Legislatzve Code §310.05 (m) (5� — Commzrsdon of a feZony on the premises by a Ziceasee or employee. Therefore, the licensing offrce has chosen to deviate from the penalty matrix in Saint Paul Legislative Code §310.05 (m) (5� and request revocation of yonr license dne to the seriousness of the conviction. AA-ADA-EEO Earolover