08-841Amended 8/06/08
RESOLUTION____ _
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1 WI�REAS, adverse action was inifiated against all licenses held by G-8, Inc., d/b/a Starting Gate
2 Pub (License ID#20050003835) for the premises located at 2516-7 Street West in Saint Paul by Notice
3 of ViolationlNotice of Intent to Revoke License dated 7une 3, 2008, alleging 1]censee 1) failed to keep
4 noise under control within the establishment and in the pazking lot in violation of St. Paul Legislative Code
5§293.02 (a)(2) and (b)(3)(d); 2) failed to pernut entrance or inspection by LIEP (DSI) inspector or police in
6 violation of St. Paul Legislative Code §310.05(m)(3) and 3) allowed the sale, display and consumption of
7 alcoholic beverages after hours in violation of St. Paul Legislative Code §4Q926 (b)(5) and (6); and
9 WI�REAS, the licensee did respond to the Notice of Violation/Notice of Intent to Revoke License
10 to request a public hearing which was then scheduled for July 16, 2008 now, therefore, be it
11
12 * gE�O���T, ���-E-lesi�g�ieeas��kere�}=-revol{id- A�so-,-G &,-�ne-,
13 ��tratingfrate�Pub•iskere�rq`�rtlereette�*-�penakq-of',�r�,9A9-0(�and���ieenses �fl�resuspenc�e�
14 far Yor the after hours sale, display and consumption of alcoholic beverages and failure to
15 permit entrance or inspection by LIEP(DSI) inspector or police. 5aid suspension shall become effective at
16 12:01 a.m. on Wednesday, August 6, 2008 and last unti111:59 pm. Friday, August 15, 2008; and be it also
17
18 FURTHER RESOLVED, that this deviafion is appropriate due to multiple violations, two separate
19 dates and the seriousness of failing to permit entrance to the police officer.
20
21 This resolution, and action taken above, is based upon facts contained in the June 3, 2008, Notice of
22 ViolationlNotice of Intent to Revoke License sent to the ficensee and the arguments made at the public
23 hearing on August 6, 2008.
* RESOLVED, that G-8, Inc., d/b/a Starting Gate Pub, is hereby ordered to pay a
penalty of $1,500.00. All licenses are suspended for ten (10) days to be stayed for
eighteen (18) months on the condition that there are no same or similar offenses **
Bostrom
Carter
Harris
Adopted by Council: Date
Yeas
�
Absent Requested by Depazhnent of:
���
� By. li�� � �
✓
Adoption Certified by Council Secretary
By: � 1
Approve b a r. Date
By:
Council File # �' � y' �
Green Sheet # �j p$"S �, 7 �
Form A roved by City Attorney
By' �v,n..Q C1�.fr
Form A oved y a or br ssion to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
st — nepcofsafety_&Tnspecflons_ ..
ContaM Person & Phone:
Rachel Tiemey
26687'10
Must Be on ncil Agenda by (Dat
OCrAUG-08 ��A�F1L1C� A0)
Doc. Type: RESOLUSION
E•Document Required: Y
DocumeMCoMact: JulieKraus
�
Assign
Number
For
Routing
Order
0 pept ofSaferi & In+pections I
2 " Attorne
3 ayor'sOffice Mayor/Assistant
a oonou
5 i Clerk C7 C1erk
GonWCt Phone: 26&8776
Total # of Signature Pages _(Clip Alf Locations for Signature)
Approval of the attached resolution to Yake adverse acrion against all ]icenses held by G-8, Inc., d/b!a Starting Gate Pub (License ID
#2Q�5�003835) for the pzemises located at 2516-7th Sueet West in Saint Paul.
�tlations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
1. Has this persofJfirm ever worked under a contract for this department?
Yes No
2. Has this person�rtn ever been a ciry employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by any
curreM city employee?
Yes No
Explain all yes answers on sepawte sheet and aHach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee 1) failed to control noise in violation of SPLC Secrion 293.02(a) (2) and (b) (3) (d), 2) licensee failed to pernut entrance or
inspection by LIEP (DSI) inspector oi police in violation of SPLC Sacrion 310.05 (m)(3) and 3) licensee allowed ifie sale, d'asplay and
consumpt3on of alcoholic bevzrages aftex hours in violation of SPLC Section 409:16(b) (5) and (6).
AdvaMages If Approved:
$1,0�0 penalty, 5 day closure of establishment and revocation of the Liquor on Sale - 2AM Closing license.
DisadvanWges lf Approved:
None.
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financiailnformation:
(Explain)
Adivity Number:
CosURevenue Budgeted:
June 26, 2008 3:43 PM Page 1
OFFICE OF Tf� CITY ATTORNEY
John Choi, CifyAttomey
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June 26, 200$
Daniel P, Seidel
Attorney at Law
2805 Dodd Road, Ste. 180
Bagan, MN 55121
Civi! Division
400 Cify HaII
>5 West Kellogg 8lvd.
Saint Paul, Mnnesota 55102
RESCHEDULED NOTICE OF COUNCIL HEARING
Telepfione: 65t 2668N0
Facsimile: 651 298-5619
RE: All licenses held by G-8, Inc., d/b!a Starting Gate 1'ub for the premises located at 2516 — 7`� Street
West in Saint Paul
License ID #: 20050003835
Dear Mr. Seidel:
Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting
scheduled for Wednesday, Augnst 6, at 5:30 p.m., in the City Council Chaznbers, 'I`hird Floor, Saint Paul City Hall and
Ramsey County Courthouse.
Enclosed ate copies of the proposed resolution and other documents which wiil be presented to the Ciry Council
for their considerafion. This is an uncontested matter conceming three violations: 1) on May 17, 2008, St. Paul Police
were called to your client's establishment on a compiaint of ]oud noise inside and in the parking lot in violation of Saint
Paul Izgislative Code §293.02 (a) (2) and (b) (3) (d); 2) on May 23, 2008, St. Paui Police came to your clienPs
establishment to investigate a complaint of serving alcoholic beverages after hours. They were iniflally denied entrance
into the establishment in violation of Saint Paul Legislafive code §310.05(m) (3). Eventually police were allowed inside
and discovered that your client had been serving alcohol after hours in violation of Saint Paul I,egislative Code §409.26(b)
(5) and (6). This matter has been placed on the public hearing agenda portion of the City Council meeting during which
public discussion is allowed. The recommendafion of the licensing office for this violation is a$1,000 penalty, a 5-day
closure of your clienPs establislament and revocation of the Liquor on Sale 2AM Closing license.
If there is anv information vou would like Citv Council to review nrior to the public hearin I will need to
receive it no later than Mondao, Julv 28, 2008.
Very truly yours,
� ���. � �
Rachel Tierney
Assisfant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Mary Ericl:son, Council Secretary
Patrick Scanlon, 4544 Lake Park Court, Eagan, MN 55122
Kathy Canvth, Communiry Organizer, Highland District Council, 1978 Ford Parkway, St. Paul, MN 55116-1922
CITY OF SAINT PAUL
Chnstopher8. Coleman, Mayor
AA-ADA-EEO Employer
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Licensee Name:
Address:
Council Date:
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iJNCONT'ESTED LICENSE MATI'ER —
Starting Gate Pub
2516 — 7 Street West
St. Paul, MN 55116
Wednesday, Augnst 6, 2008 @ 5:30 p.m.
Violation: Licensee failed to keep noise under control within the
establishment and in the parldng lot in violation of St.
Paul Legislative Code §293.02 (a)(2) and (b)(3)(d); 2)
failed to permit entrance or inspection by LIEP (DSn
inspector or police in violation of St. Paul Legislative
Code §310.05(m)(3) and 3) allowed the sale, display
and consumption of alcoholic beverages after hours in
violation of St. Paul Legislative Code §409.26 (b)(S�
and (�
Date of Violation: May 17"' and May 23` 2008
Recommendation of Assistant City Attorney on behalf of client, Department of
Safety and Inspections:
$1,000 penalty, a 5-day closnre of establishment and revocation of the
Liquor on Sale — 2AM Closing license.
Attachments:
1. Proposed resolution
2. ECLIPS screens dated 5/27f08
3. Saint Paul Police Department Original Offense/Incident Report
(CN #08-089-998) dated 5117J08
4. Saint Paul Police Department Original Offense/Incident Report
(CN #08-094-458) dated 5/23/08
5. Notice of Violation/Notice of Intent to Revoke License and Affidavit of
Service dated 6/3/08
6. Letter from licensee's aitorney reqaesting a public hearing dated 6/13/08
7. Saint Paul Legislative Code §293.02
S. Saint Paul I.egislative Code §310.05 (m)(3)
8. Saint Paul Legislative Code §409.26(b)(5) and (�
� License Group Commenfs TeXt
licensee: G - 8 4NC
_DBA:_. ___- _S'FP.RFIMG&A�E�WS
y Licen �: 2005 0003535 _—
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osr2��zoos
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0527YL008 To CAO for afrer hours consumpfion. In addition, bar managerwould not immediafety open door to the potice. To combine with noise viola5on.
DSI is asking for a$1000 penalty and a 5 day dosure (see penai(y maha for not pertnitting entry.) CAR
0523/2008 CN06094458 indiqtes after hours consumption. CP.R �
OSl22/2008 To CAO for adverse action_ $500 mabix penalty for noise violafion.CAR
05l77/2008 CN08090047 indicates a fight in the parking lot and possible shot fired. CAR
OSl17/2008 CN080&9998 indicates Starting Gate (Dukem) is in viola6on of the noise ordinance. CAR
05l13/2008 Sent waming Ietter for failure of liquor compliance check done by SPPD on 4l232008 ml
04J24/2008 CN08072407 indicafes an alcohol compliance check failure conduded by SPPD. Fisst violafion. Waming 4etter Yo be sent Given until
06l30/2008 to take alcohol awareness training. CAR -
02/1'I/2008 Sent Pat Scanlon a new peti6on form for Entertainment B, aiong with a map & names list Sranton said he spoke rewntly wtth Nawkins &
Hardwick about appiying for a parking variance. RS �
08/2V2007 Senf congratulations letter for passing liquor compliance check SLH
08J'13/2007 Passed fiquor compliance check conducted by the SPPD. SLFi
D7/19/2007 Sent Denial lefter for Enfertainment-B Iicense appfication. LAB
07/OS/2007 Council Resolution 07-590 denied the application for an Entertainment B ticense for failure fo meet the patking requirement. RS
OSl24l20�7 Noticc o4lntent to Deny (pending dass B Ente[tai�ment 4icense) for failure to meet the parking requirements of the zoning code. Given until
06/OM2007 to respond. CAR
05/1412D07 To CAO for ficense application denial. CAR
05/04/2007 All Genses on fhe original application have been approved except the Entertainment B. The addition of an Entertainment B license wiil require
the licensee to get a 55 space parking variance. The parking variance has not been obtained. To CAO for license deniai (Entertainment B only). Licensee
been permitted to opesafe an EntertainmenY A license (no dancing). CAR
Ot/25/20007- Still no new site plan showing the required parking for existing operation, no lot combination paperv✓ork from the county for the parking lot and
no variance application(55 spaces)for the upgrade of the entertainment Iicense.JJH
11/21/2006 Sent congratulafions letter for passing liquor compliance check. MED
09/1 �/2006- No application for a parking variance as yet.
09/06/2006 Adopted Resolution . 06-801 . Approving the license appfication with a condition, per the
Legisiative Heanng Officer, for Liquor Outdoor Service (Patio), eMending fiquor service area to the basement, and modiTying license condition #2 for G-8,
Inc., dba Starting Gate Pub, 2516 Seventh Street West. (GS 3032298)07/19/2006 Passed iiquor compliance check. MED
OS/24l2006 Adopted Resolu6on . 06-509 , Waiving 45 day notice requirement and issuing a liquor oufdoor service area license fo G-8 d/b/a The Starting
Gate at 2516 Seventh Street West (GS 303087�
OS/24/2006 Nof�cations sent, response daYe 07f07/2M16; 37M and 32EM.gb
05/23/2006 Pat Harzis wishes to bring the patio license in under suspertsion on 05/24/2006. Info to Rachel - we are waiting for a letter from the district
council. CAR
o5/23l2006 Rich Jenfs has verified petition for the patio.CAR
Ot/24/2006 Pat Scanion's tax returns sent via certified mail we2 returned from fhe post office marked "unctaimed". They were remailed to the business
address. LAS
12/14/2005 CF 05-1144 Resolved tha{ the 45-day notice is waived and liq on sale, liq sunday, liquor 2am, are issued subject to that no entertainment shall
be provided in the establishment unless the licensee has complied with the provisions of the zoning code and that the licensee shail not use the lower tevel
(basement for any pucpose other than storage unless the ficensee has complied with the provisions of the zoning code.
12l07l2005 Notifications sent, response date Oi/20/2006; 38M and 32EM.gb .
41/772DD5 RJ has verified petition at 75%. CAR
10/26/2005 rcvd lette� from Highland Dist Council stating that they unanimousiy approved the req�est for a waiver of the 45-day nofification period. cadcat
10/25/2005 Ietter sent for req not met. Response due Oct 31. cat
10It0f2005 Record check request sent. LKK -