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08-859Susnension 8/06/2008 Council File # � -� '�J Green Sheet # D� �9 / � RESOLUTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Presented by WFIEREAS, Crying Tiger LLC d/bJa Supatra's Thai Cuisine, located at 967 7`� Street West in Saint Paul, has requested a waiver of the 45-day notice requirement for issuance of a liquor outdoor service area (patio) license; and and WHEREAS, the West Seventh/Fort Road Federation, has agreed to the waiver of the notice requirements; WHEREAS, si�cteen (16) residential properties are within a 300 foot radius of licensee's proposed patio, and licensee has obtained consent from thirteen (13) ofthose properties (81.25%); and WIIEIZEAS, licensee has attempted to obtain signatures from the remaining properties because many appear to be vacant; and WHEREAS, the Council finds that issuance of the license will not interfere with the reasonable use and enjoyment of neighboring property and residences and will not bear adversely on the health, safety, morals and general welfare of the community; and WHEREAS, the Council finds that the application is in oxder and there are no grounds for denial of the license and that the failure to grant the waiver and the consequent delay in approving the license would cause exceptional and unusual hazdship to the license applicant; and W�IEREAS, the licensee agrees that in the event a complaint is received prior to the expiration of the 45-day period and the complaint provides a basis for adverse action against the license, that the Office of License, Inspections, and Environmental Protection may direct the licensee to immediately discontinue all operations until a public hearing is scheduled, and that the licensee shall comply with said directive; now, therefore, be it, RESOLVED, that the 45 day notice requirements of § 409.06 of the Saint Paul Legislative Code are hereby waived and a lic�uor outdoor service area (patio) license is issued to Crying Tiger LLC d/b/a Supatra's Thai Cuisine, located at 967 7` Street West in Saint Paul, subject to the agreement stated above. Bostrom Carter Requested by Deparhnent of: ���- BY: �-- Approved by the O�ce of Financial Se ' es Stark � B y� Thune v Appro��rty ^ � By: Adopted by Council: Date �jJ(,, �/,a� Approved by Mayor for Submission o Council Adoption Certified by Cou il Secretary By: By: , Approv d b Date � � By: � Green Sheet-Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � CO �wmcil Contact Person & Pho�: Dave Thune 266-8620 Must Be on Council Aaen Doc. Type: RESOLUTION E-Document Required: Y Document Contact: ConWCt Phone: 06-AUG-OS � Assign Number For Routing Order " ToWI # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3057911 0 ound 1 ooncil De arhnentDirecWr 2 ' Attom 3 a or's Office Ma or/Assistant 4 ounc� 5 ' Clerk Cl C�erk Waiving 45 day requirement of tiquor outdoor service area (patio) license to Crying Tiger LLC d/b/a Supaha's Thai Cuisine, 967 7th St W ioatlons: Hpprove �H) of rceJeC[ (rc). rersona� aerv�ce t,on�racus musc wnswer me runowmg uuesuons: Planning Commission 1. Has this person/firm ever worketl under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has ihis person/firm ever been a city employee? Yes No 3. Does this personlfmn possess a skill not normaily possessed by any current city employee? Yes No Explain all yes a�wers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: Disadvantages If Approved: DisadvanWges If NotApproved: Transaction: Funtling Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Number: August 6, 2Q08 2:58 PM Page 1 �- To the Ci � — -- --- - - --tX of St P_aul:— ---- --- =_ __ _— - ------------ ----- We plan to insure that alcoholic beverages are oniy consumed by customers on our patio by the enciosing the area with fencing. In addition, we plan to have at least one server or manager on the patio at all times. We will also have at least one video camera to provide surveillance as weil. We have received approval from the West 7�' Federation and believe we have 90% of the signatures required from residents within 300 feet I am enclosing the patio plan, insurance certificate and signatures. Thank you, RandyJohnson Supatra's Thai Cuisine 967 West 7� Street St Paul, MN. 55102 651-222-5859 cell: 952-201-1621 Jul 24 08 1D:47a Federation p.2 6512985671 ���0�� — -__�est ;ft�F'ert-3i.o� �ect�r�ition _ --- - -- _ _.. _'_ ' ..._.._ _ .__ _g"�4-WES��}�T�J�,TEBt __-_ - ----" . .. . - — — - - Saint Paui,l4Iinnesota 55102 (612}298-5599 Ju1y 24, 2008 Christine Rozek LIEP 8 Fourth Street East St. Paul,lVlinnesota 55101 Dear Ms. Rozek, Supatra's Thai Cuisine at 46I West Seventh Street has requested an 45-day wavier for an extension of services for an outdoor pafio. The Federation does not object to this request. incerely, O.-.i" Betty N1oz Community Organizer Cooperating Fund Drive Member Affirmative AcLion/Equai Opportunity Emplayer � Li��r�s� �ue� �f; �`ai� : ��•,,�r 1 �t� s�,�ts �. ������f��� F�� Li���e ���i� �T�� �T � Pr€�������� F�r L.���s� ���1� �TH �T ;�' ` (- Saint Paul PoVice Departmer� Pa9e 1 of4 _ ORIGlNAL OFFENSE / !NClDENT REPORT 68-�1_ _. _ -- _ _ mplaintNumber_.__RefEreticeLN-----_ ___.._--. -----�-� - ---__.— --', - _--- _---_. . epod� — -- _ ---------------`�----- -- Q8089998 08090047 LI�P COPY 05/17/2008 Q0:50:00 a��yoee�se: Qafa Privacy Restrictions Appfy lNVESTIGATE-AND ALL OTHER Minn�esota Statute 13.82 PrimaryRepo�ng0fficer. SChnBll Paul P NameoflocaffoMbusiness: Primarysquad.� �p$ Location ofincident p516 7 ST W Secondaryreportinyofficer. ST PAUL, MN 55116 approvec �hrtell, Paul Pat District: Nf estem Date & Sme of occurrence: 05/17I2008 00:50:00 to Site: OS/17/2008 00:50:00 A(rest made: Secondary affense: Police O�cer Assau/ted or lnjured.• Police OfficerAssrsted Suicide: Crime Scene P�ocessed: OFFENSE DETAILS INVESTIGATE-AND ALL OTHER Attempt Only: Appears to 6e Gang Related: PlAMES Other Anderson, Rusty Thomas 1381 MAYNARD DR W ST PAUL, MN 55116 Ni orAliases Nick Name: Alias: AKA Frrst Name: Detai/ Sex Male Phones Home: Work. AKA Last Name: Race: y�/hite Do6: 06/14l1970 Hispanic.• Age: 37 from ���� 651-808-8575 Contact.• Faz Pager. Emp/oyment Occupation gqRTENDER/MANAGE a Residenf Stafus: Employec STARTING GATE BAR SP954DESC260D3D ,' :' (� Saint Paul Police Departmer� P�e 2°E4 �RIGfNAL OFFENSE / INC IDENT REPORT �d�St�' __ Complainf Num6e{--, . RefelEnce.GAl, __.__ _ � ----�— � � - --- � - - -- sporC �. _..-- - = -------- --------. _ ` �. � 08090d47 j 05f17/2008 00:50:00 PrimaryoSense, I1 COPY INVESTIGATE-AND ALL OTHER Data Privac:y [iestric:tions Agpty Minnesota Statute 13.82 fdenfifrpSon SSN: License orlD#: License State: Suspect UNKNOWN Nicknames o A/iases Nick Name: Alias: AKA First Nane: Details Sez Phones Home: Work: Emptoy Occupation: ldenfificafion SSN: AKA Last Name: Race: DOB: Hispanic: Age: from to CeIF. Contach Far. Pager. Employer. license or ID#: Resident Status: License State: Physica/Description US: Metric; Height: to Build: HairLength: HairColor. Weight.• to Skin: FacialHair. NairType: 7'eeth: Eye Co/o% B/ood Type: , Offenderi Arresfed. DUt: CondiSon: 7aken to health care facilrty. Violated Restraining OrUer. Pursuit engaged.� ResisFance encountered: Medical refease obfaned.� SP954DESC260D3D ,�; :� ,r"� Saint Paul Poiice Departmer� Pa9e 3 of4 ORIGtNAL OFFENSE / tNCIDENT REPORT �-��__ _ __- --- ---- - -- _� _--- - - --- � __C�mplantbWmbeF � -- -Referer�ee --- � . _" _ . _._ _ . -, - - - - ._ - --- . - .-. an - idTm o Report �� --�_.---'--- ----_---------- -- ----- -.. 08089998 08090047 - 05/1712008 00:50:00 Primaryoffense: � I�P COPY {NVESTIGATE-AND ALL OTHER �ta Privacy Restrirtions Apply Minnesota Statute 13.82 SOLVAB(LITY FACTORS Suspect can be ldentified: Photos Taken: Evidence Tumed fn: Related /ncident: BY� Stole� Property Tracea6/e: Property Tumed In: La6 Biological Anaiysis: Fingerpdnts Taken: Narcotic Analysis: Lab Comments: ltems Fingerprinted: Participants: Person Type: Name: Address: Phone: Other Anderson, RustyThomas Suspect 1381 MAYNARD DR W ST PAUL, MN 55116 NARRATIVE Squad 108 (Sgt. P. Schneil) responded to a noise complaint stemming from the Starting Gate bar. As I arrived in the area of the call, I was approximately one half block from the bar and couid hear loud music coming from the bar. I noted that the front door to the business was open. I also observed many cars in the parking lot of the gas station adjacent to the bar. Standing around these cars was 20 - 25 people. As I pulled into the lot the people all cleared and went into the bar. In the back lot I observed as many as 50 people standing in the back lot and they were speaking loudly to be heard over loud music that was coming from a basement parly room. I went into this room and noted approximately 100 peopie. The DJ for the event being held there was told fo keep the music down. A uniformed security officer from a private firm was directed to be sure the back door remained closed so that ihe music would not bother nearby residents. I located a bar staff person later identified as Rusty Thomas Anderson (DOB: 06/14/1970) and asked him locate the owner/manager. Anderson said he woufd get the manager only to return a short time later, saying he was in charge. 1 expiained that we had a received noise compiaint and suggested that the music be turned down and the bar's parking {ot be better monitored given that the some peopie were sitting in their cars piaying loud music. i told Andarson { wou{d be sending a report to LIEP and he responded, "{ figured as much." Af 0147 hours, we were called back to the bar on a shots fired call in the parking {ot. A security guard said she had heard one shot fired in the parking lot after a fight broke out in the Iot. See CN: 08-090-047. SP954DESC260D3D .,� , (`� Saint Paul Police Departmeri Pa9e 4°`4 ORIGINAL OFFENSE / INCIDENT RE PORT o8 �8�- y ----- � ___". ___'__"_______ ____ - — _____DatP-a� nnf-Ao_nn — -�-.(3lilf7/21/�"A(HR1691'__'_'f;EfEfElIC2�� --__--_ -__ . . - - _ - __-- � -__-_- m_-___"r l� -_�___ _ _ __' ____'_-__'__._""__- _-"_ __ 08089998 08090047 Primary offense: iNVESTiGATE-AND ALL OTHER LIEP COPY 05/17/2008 00:50:00 Data Privacy Restrictions Apply Minnesata Statute 13.82 Please forxard to LIEP. PUBLIC NARRATIVE informational report to LIEP office. SP954DE5C260D3D ' ( Saint Paul Po(ice Qepartmen( Pa� '�5 ORtGINAL OFFENSE_/_INCIDENT RFpngT -U_�_-_-- -- __- __ _ - _ ___ _------ ---- — - — ��t - - ----- Rate and Time of Report ComPlarRNt?ttber- _— _- � 08Q94458 j,j�j� CD�Y t 05/23l2008 02:4i :00 P,;maryose�e: p privacy Restrictions App y Ii�SVESTIGATE-AND ALL OTHER I�iinnesota Statute 13-82 PrimaryReporfingOfficer. Gliske,Jonathan Nameotiocano.✓nusiness: Pdmarysquad.• �q5 Location ofirtcident Q516 7 ST W Secondaryreporting offrcer. Davis, Ramar, ST PAUL, MN 55104 . AnP��� Schneii, Paul Pat , Disfict W eStBrn Dafe & time of occurrence: OSl2312008 02:41:00 � Site: 05/23/2008 03:05:00 Arrest made: Secondary offense: Pofrce �cerASSaulted orinjured: - Ctime Scene Processed: Po/ice OlficerAssisted Suicide: OFFENSE DET.4ILS INVESTiGATE-AND ALL OTHER Attempt Only: Crime Scene rype: Officekommercial oescaprion: Bar/nightciubftavem Vietims Appears to be Gang Related.• Method & Point of Entry Force ased: Hid lnside: Point of entry: Metliod: NAMES Owner Yeshidagne, Melaku 2171 VALLEY VIEW PL ST PAUL, MN 55104 Nicknames o Aliases Nick Name: Alias: AKA Frst Natne: Defails sex: Male Ra�e: Black Hispanic: AKA Last Name: Dog: � 0/i 2/1968 Aqe: 3g from to Resident Status: SP354DESC260D3D . , t � Pa9e 2 of 5 � � . Saint Pauf Po{ice Departmen� � ORIGINAL OE - -------- _____---- --_____ � -L'ompkir�Nun�6eF-- f4elerencaC# ---- -- - ------- 08094458 Primary oSense: [NVEST[GATE-AND ALL OTHER ��� CO 05/23/2008 Q2:41:00 Data Privacy Restrictions Apply pyj�nn�sota StatuEe 13.82 Phones Home: ��t:612-205-591� ��c�' Wortc:651-698$407 F� Pager. Employment occupason: OWNER OF DUKEM BAR Identi�cation SSN: Suspect UNKNOWN Niciaiames orlil rVick Name: Alias: AKA First Name: Defaits Sex: Race: Hrspanic: Phones Home: Work.• Ucense or ID#: Employer. AKA Last Name: DOB: Age: from to Ce1L• Confach. Fax: Pager. License State: Resident Status: Employment Occupation: Employer. , fdenSfiraBon SSN: License or lD#: License §fatz - Physical Description US: Metdc: Height. to Build: Hairlengfh: HairCofor. Weighi: to Skin: Fzcial Hair. Hair Type: - Teeth: EyeCofar. BloodType: SP954DESC260D3D Medical release obhained: . �• � Saint Paul Police Deparkmen� Pa 3 of5 ORIGINAL OF'FENSE i 1NGiD REPOR -- __ — _ —_ - -- — -- __- —= -- -- -- ---- = CompTa 7Sfumber_ Refelencs�OL. ---. --- - -__..-_ --- --`- �--- _. ..�d7fineofReport ososa-4�s LIEP eOPY 05/23/2008 02:41:00 Prim�yos��: Data Privacy Restrictions Apply INVESTIGATE-AND ALL OTHER Minn�sota Statute 13.82 OSenderinformaSan � � Arrested.• Pursuit engaged.• �olated Aesbaining Order. DUI: Resistance encountered: CondSOn: Taken M hea/th care facility: Viotim Nicknames nrAliases Nick Name: Nias: AKA First Name: Details Sex. Race: Hispanic: Phones Home: Work: Emp(oymenf Occupation: Identifieation SSN: Vic6m /nfo�m rype: Society/Public CondiSon: AKA Last Name: DOB: Age: from to CeIL• Conhach Far. � Pager. Emp(oyer. license or fD#: Cart Identi(y ONender. NO Resident Status: License Stafe: Willing to P�ess Charges: nj0 Taken to healfh care taa7ity: j�p Medical release obtained: No SP954DE5C260D3D �. �, � Saint Paul Police Departmen P a 9 e 4°'S ORIGINAL �FFENSE / INC(DENT REPORT 68 -�t�7q _ __. (�_AJSIF intll�mhcr_. . -f3EfB(2FtEe-EN-'_" :'"'__'_ -___"' _' _ "_ ::_""____- ___.�.-_ _____-_-'__-____.__'_" 08094458 Primary oHense: INVESTIGATE-AND ALL OTHER 05/23/2008 02:41:00 LIEP CC)PY Data Privacy Restrictions Apgty jl�iinnesota Statute 13.82 Suspect can be lden66ed: Yes Photos Taken: Evidence Tumed !n: Related Incident eY•' Potice Sto/en PropertyTracea6le: Property 7umed In: Lab Biofogical Analysis: Fingerprints Taken: NarcoNc Malysis: La6 Comments; Items Frnge`pnnted.� Participants: Person Type: Name: Address: Phone: Owner Yeshidagne, Me(aku Suspect Victim 2171 VALLEY VIEW PL ST PAUL, MN 55104 NARRATIVE Squad 145 Giiske, Davis did a PPV at 2516 W 7th St (Dukem Bar) at 0241 hours on 5-23-08. We were told by command staff that this is a problem address with senring drinks after hours. We wenf into the parking lot and their were around 15 vehicles. As we were sitting there, a vehicle pulled up and parked just in front of our squad. We taiked to the driver and she said she was picking up a friend that was in tfie bar. A few seconds tater we saw a male exit the back door and go to the vehic{e and drive off. We went up to the back door and Iooked in through the window. I could see several people at fhe bar in the middle of the building. One male was behind the bar and their were severai sitting around the bar. We knocked on the door, announced myself and shinned my fiashlight in at fhem. They looked over and one of the males, later identified as the owner: YESHIDAGNE, MELAKU (DOB 10-12-68) started to walk towards me. As soon as he got ciose enough to see who I was he immediately stopped and went into the kitchen very fast. 1 again knocked, announced mysetf and shinned my flashtight inside. A�voma� started fo walk towards me and did the same fhing. This happen one more time with anofher male who aiso went into the kitchen when they saw who i was. After severai minutes of pounding on fhe door the woman who went into the kitchen came back out and SP954DESC260D3D Page 5 of 5 ' _ , Saint Paut Pofice Departme( ORIGINAL �FFENSE I t NCIDENT REPORT 6 $'�� ___ --- -- -- - — �,�M�� --��-�- -- - -- - --- _�_� ------=a�b� -- -- _ � 08094458 � rF /'+ �7�/ 05/23/2008 02:41:00 � Primaryoffense: 1+1�� l..�l 3 WVESTlGATE ALL OTHER �ata Privacy Restrfctions App1y Minhesota SEatute 13.82 uniocked the door. We asked her who she was and who else was in the building. She said she worked there and only employees were inside. YESHIDAGNE came back out and I asked him who he was and who else was inside the building. He said he warked there and only employees were inside. I asked again if he was sure he only had empioyees there and he said again "yes°. We made our way down to the basement and in the back room we found one female and around 10 males standing around a pool table with the lights off. We asked them who they were and if fhey were empioyees. AII of them said they were just there partying and none of them were employees. We found cold mixed drinks among the crowd of people in the basement and their was stiil large ice cubes inside the glasses. We also found several glasses next to a sink in the basement around the corner where we found the group. The gtasses were out of place and were still wet inside. We escorted all of the non employees out of the building and went back to falk to YESHIDAGNE. I asked him who he was and what his job at Dukem Bar is. Ne said he was an employee. I asked him who the owner of the bar was and he said "PaY'. I again asked him what exactly he did there and he said he just works there. After several minutes at this game he was playing with me he admitted he was the manager, 1 asked him why he lied to us about the people in the basement and why he was serving drinks after hours. YESHIDAGNE said he didn't kno�v they peopfe were down there and he °Wasn't" serving after hours. He said the drinks were from earlier in the night before they closed, the time was approximately 03Q4 hours. We talked to anofher employee who said YESHIDAGNE was the owner of Dukem Bar. PUBLlC NARRATIVE Information for LEP. SP954DESC260D3D SAINT PAOL � Al1AA CITY OF SAINT PAUZ ctP;xroPr,er s. colemmc M¢yo> June 3, 2008 NO'ITCE OF VIOLATION NOTICE OF INTENT TO REVOI{E LICENSE Owner/Manager Starting Gate Pub 2516 - 7�' Street West St Paul, MN 55116 ( � • rr � � • � -- ---- ---- ----- __«�- �-�-- - - _ _OFFICE OF I'Fi�CITY ATTORNEY JoFm J Clw; CiryAttorney cMz�on 400CilyHall IS West Kellogg BZvd SaiMPau� M'nmesota55702 Telephone: 651 266 8 71 0 Facsuriile: 6SZ 29&5619 RE: All licenses he?d by G-8, Inc. d/b/a Startiug Gate Pub for the premises located at 2516 - 7�' Street West in Saint Paul LicenseID #:20050004314 Dear Sir/Madam: The Depaztment o£ Safety and Inspections will recommend adverse action against all licenses held by G-8, Inc. d/b/a Starliug Gate Pub for the premises located at 2516 - 7�' Street West in Saiut Paul. The basis for the recommendation is as follows: On May 17, 2008, St. Paul Police were called to your establishment At 12:50 a.m. on a noise complaint (CN #OS-089-998). Police were one-half block away and. they could hear loud music coming from your building. The officer noted that the front door of the bnsiness was open. As they approached, police observed many cars in the parking lot of the gas station adjacent to the bar with 20-25 people standing around the cars. Tn the back lot, police observed appro�imately fifty (50) people standing around and speal�ng loudly to be heard over the music that was coming from a basement party room. The officer went into the room and instructed that DJ to turn down the music and told the nniformed security officer to make sure the back door remained closed so that the music wouldn't bother the neighbors. fihe officer then talked with a staff person and explained that he had received a noise compiaint and insiracted him to turn down the mnsic and do a better job monitoring the parl�ing lot because people were sitting in their cars piaying loud music. (� — - —__ �taz�z�g ��b -- - _ _ "°-- -- �tine 2DU8 - – - -- Page 2 � � �; � � � Later that same evening, police were caIIed backwith a report of shots fired in the parlang lot of yonr establishment. Police spoke to the secnrity gaard who stated that he heard oue shot fired in the parldng lot after a fight broke ont in the lot (CN #08-090-04'�. On May 23, 2008, at 2:41 a.m. St. Panl Police came to yonr establishment on a Proactive Police Visit (PP� because tfiey were foid by command staff that you have been serving drinks after hours. Police went np to the back door and looked throngh the window. They conld see several people at the bar in the middle of the bnilding. There was a bartender behind the bar and several people sitting around the bar. Police l�ocked on the door, announced themselves and shone a flashlight in at them. People looked over at them and one male came toward the door bnt when he realized who was at the door, he immediately stopped and went into the kitchen. Police laiocked again and this time a woman came toward the door but once she saw who was at the door, immediately turned and went into the Idtchen. After several minutes of pounding on the door the woman eame �ack out and unlocked the door. Police asked her who she was and who eLse was in the building. She said she was an employee and only employees were inside. A male came back ont and also said oniy employees were inside. Police went down to the basement and found one female and 10 males standing aronnd a pool table with the lights off. When asked who they were, they all said they were just partyiug and none of them were employees. Police found cold mixed drinks with large ice cubes inside the glasses. They also found several glasses nezt to a sink in the basement around the corner from the group. The glasses were out of place and were still wet inside. Police then questioned the male upstairs who admitted he was the manager. When police asked him about the group in the basement, he stated he did not la►ow there were people downstairs and he wasn't serving alcohol after hours. He said the drinks were from earlier in the evening before they closed. Police noted the current fime at approxirnately 3:04 a.m. After a discussion with employees, it was discovered that the male who said he was the manager was in fact the owner of the bar. These incidents are a violation of Saurt Paul Legislarive Code §293.02 and Saint Paul Legislafive Code §310.05 (m)(3). Therefore, the licensing office will recommend a $1,000 penaIty, 5 day closure of the establishment and revocation of your Liquor On Sale — 2AM Closing license. ..,. �._ „- � ��• . _ � � Dg-��l At t�is time, you have two options on how to proceed: 1. If you wish to admit the facts but contest the penatty, you may have a public heariug 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 Friday, Jnne 13, 2008. The matter will then be scheduled before the City CounciI for a pnblic hearing to deter�ririe whethei to iinpose the $1,000 penaliy, 5-day closure and revocation of your Liquor On Sale - 2AM Closing license. You will have an opporiunity to appear before the Council and make a statement on your own behalf. 3. 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-examine each other's witnesses. The St Paul City Council will ultimately decide tl�e case. If this is your choice, please advise me no later than Friday, June 13, 2008, and I will take the necessary steps to schedule the adwinistrative hearing. If you have not contacted me by that date, Y will assnme that you are not contesting the imposition of the $1,000 penalty, 5-day close�re and revoeafion of ya�r I.iquor On Sale-2AM Closing license. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, � ��� J Rachel Tiemey Assistant City Attomey cc: Christine Rozek, Deputy Director of BSI Patrick Scanlon, 4544 Lake Pazk Court, Eagan, MN 55122 Kathy Carruth, Community Organizer, Highland District Councii, 1978 Ford Parkway St. Pattl, MN SSll6-1922 � ' STATE OF MINNE50T� ( ) ss. AF`bTDAVTI` OF SEh . ICE BY L3.S. MAII. _ _ _-- -�9UI�F£� E}F 3tAMS�� � --- _ _ - - �_ — - --_ -- - -- -- ' _ -- -� = -- 7ulie Kraus, being first duly sworn, deposes and says thax on the 3 day of June, she served the attached NOTTCE OF VIOLATION and NOTTCE OF IN'CENT TO REVOKE LIC`ENSE by placing a true and conect copy thereof in an envelope addressed as foIIows: Owner(Manager Startiug Gate Pub 2516 - 7�' Street VJest St. Paul, MN 55116 Patrick Scanlon 4544 Lake Pazk Court Eagan, MN 55122 Kathy Carruth, Community Or ni�er Highland District Council 1978 Ford Parkway St. Paul, MN 55116-1922 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Pau1, Minuesota. . ��-- .�.�,� Julie Kraus Subscribed and swom to before me this 3` day June, 2008 „` �,1���.� �— No�ary Public RITA M. BOSSARD 1pGR5 RBt.1C-MtPA�ESOiA 1/Y COMAAISS�lON p(PiRES JAN. 31, 201 0 •JUN.13.20�8 2�.24PM fi51-634-6313 l�0. Q§61 P. 2 /: � � -- --- - ---- ----- -- - ----- - --- — -- - — --- — _.__ 17a�t%eL�. Se,r:c�,L ,4t�o,-v�.e,y c�.t Lcy,u Su,i�e�180 Z805 77QC� �ZoacL �a.��,, M1v s.�rzz TeZephQv�,� (65Y) 79?-7609 �a�c� (65X) 452 -0656 7une 13, 20Q8 Ms. Rachel Tiezneq Assistant City Attomey City of St. Paul Civil Division 400 City Hall I S West Kellogg Bovlevazd St. Paut, MN 55102 Re: Starting Gate Pub-License Number 20050004314 Dear Ms. Tiemey: I have been retaiaed by the owner of the Sterting Crate Pub to respond ta a letter sent by yon dated June 3, 2008. Tn t]xat letter, you oudined several violations and of'fered up two opfions for rha owners to pvrsue. A.fter reviewing the matter with my client, he has decided to choose option one which is to adzrazt the facts but contest the penalty, Please let us kaow when the matter has been scheduled before the City CounciI. If you need to reacfi me by phone, my number 9s (651) 797-7609, Tbank you for your fime and consideration. T yours, 1 P. Seid -, Cify of St. Paul, MN - Officia�"`'ebsite - City Charter & Codes � Page 1 of 2 ,� ` �-8� _ - -- _ _ _-- -- -�- - - -- ---�=-- _ -- -- « �__—.-- Se� z93.oz_ ia«se-as a pqbiic z�u;sance_ ___ --- _ - _-. (a) Generaily. (1) ft shaff be uniawfui for any person to make, continue, pettnit or cause to be made, continued or permitted wit loud, disturbing or excessive noise whicfi wouid be likely fo cause significant discomfort or annoyance to a reas< ordinary sensitivi6es in the area. (2) The characteris5cs and conditions which shafl 6e considered in determining whether a noise is loud, disturbi the purposes of paragraph (a} of this section, shall include, without fimitation, the fo{lowing: a. The time of day or night when fhe noise occurs. b. The duration of the noise. c. The pro�amity of the noise to a sleeping facility and/or a residentiaf area. d. The land use, nature and zoning of the area from which the noise emanates and the area where it is perceive e. The number of people and their activities that are affected or are likely to be affected by fhe noise. f. The sound peak pressure level of the noise, in comparison to the level of ambient noise. (b) Noisy assembfy. (1) Defined. The term "noisy assembiy" shali mean a gathering of more than one person in a residentiatly zoned building that would be likely to cause significant discomfort or annoyance to a reasonable person of ordinary ser in the area, considering the time of day and the residential character of the area, due to loud, disturbing or exce; (2) Permiiting noisy assembly. it shail be a violation of this section for any person having dominio�, care or con6 residentially zoned or used area or building knowingly to permit a noisy assembly. (3) Remaining af a noisy assembly. It shall be a violatian of this section to participate in, visit or remain at a gath having reason to know that the gathering is a noisy assembiy, except any person(s) Wno has/have come to the i sole purpose of abating the noisy assembiy. (c) Animals It shall be a violation of this section to own, keep, have in posses5ion or harbor any animal or anim� any noise to the reasona6le annoyance of another person or persons. The phrase "to fhe reasonable annoyanc person or persons" shall incfude, but is not limited to, the creation of any noise by any animal or animais which c any person, including the animal controi officer or a law enforcement o�cer, from a location outside of the buildi where the animal or animals are located and which animal noise occurs repeatedly over at least a five-minute pi 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 fhis section to play, operate or permit the playing, use or operation � piayer, disc piayer, loud speaker or other electronic device used for the amplification of sound, unless otherwise located inside or outside, the sound of which carries to points of habitation or adjacent properties, and is audible conversational speech at a distance of fifty (50) feet or more from the point o4 origin of the ampfified sound. (e) Mofor vehic%s. (1) General(y. It shall be a violation of this section to use any automobile, truck, motorcycfe or other vehicfe whic be likely to cause significanf discomfort or annoyance to a reasonabfe person o4 ordinary sensitivities present in loud, disturbing or excessive noise. City of St. Paul, MN - Offici�` - City Charter & Codes (2) Ampl�ed sound from � Page 2 of 2 i; � � i . . � —� - . - -- ---- - an�ta_ +a.,_fape er, se- ayer, eaker�FO e"r e ec onic evice used or fhe ampli ca5oi � ofher enfertainment, which is located within a motor vehide on a public street or alfey, or in a commerciai or resi facility, which is audible by any person from a distance of fifty (50) feet or more from the motor vehicle, When sc secfion is produced or reproduced by any such device that is located in a motor vehicle, the motor vehicie's owr when the violetion occurs, is guilty of the viola5on. If fhe motor vehiGe's ownec is not present at the time of fhe v person who has dominion, care or controi of the motor vehicle at fhe 6me oF the vio{ation is guitfy of the vioiation owner or a driver, any person who controis or assists with the production, reproduction, or amplifica6on af sounc fhis section is guilty of the vio{ation. (3) Horns and othersignals. It shail be a violation of this section to sound any hom or signal device on an autorr motorcycie, bus or other vehicle, except as a danger signal or traffic waming, which would be likely to cause sig discomfort or annoyance to a reasonable person of ordinary sensitivities in the area. (4) Application of the MPCA rules. No person shall operate a motor vehicle in the city in violation of the motor ve of the Minnesota Poilution Control Agency Rules, Sections 7030.1000 through 7030.1600. (fl Penalties. (1) A violation of any section ofthis chapter is a misdemeanor, and a sentence of not more than ninety (90) day: of not more than one thousand dollars ($1,000.�0), or both, may be imposed. a. Each day a violation of this ordinance is committed or permitfed to continue shall constitute a separate offens punished separately. (C.F. No. 02-653, § 1, 8-14-02; C.F. No. 05-264, § 2, 4-27-05) Editor's note--C.F. No. 02-653, § 1, adopted August 74, 2002, amended the Code by repealing former §§ 293.( adding a new § 293.02. Former §§ 293.02-293.04 pertained to noisy assembiy; motor vehicles; and homs and respectively; and derived from Ord. No. 16915, adopted May 20, 1982; and Ord. No. 17448, adopted April 28, 1 . Gity of St Paul, MN - Offici�`�`�ebsite - City Charter & Codes � Page 1 of 1 b$ �� — __ . . ._ =--=-- determines�i=re of�tnes, teng�fi "s`uspens�ons an3�ie propne o revocabons, and shalt ap types, except that in the case of a violation involving a liquor license § 409.26 shall appiy where a specific violat These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in � where the council finds and defermines that there ebst substantial and compelling reasons making it more appn When deviating from these sfandards, the council shali provide written reasons that specify why the penalty sele appropriate. Type of �olation (1) volations of conditions placed on the license Appearance 1 st $500.00 fine 2nd 3rd $1,000.00 fine $2,000.00 fine anc day suspension $1,000.00 fine $2,000.00 fine anc day suspension $1,000.00 fine $2,000.00 fine anc day suspension 10-day 15-day suspensior suspension $1,500.00 5-day suspension (2) volation of provisions of the legislative code relating to $500.00 fine the licensed activity (2) Violation of provisions of the legislative code relating to $500.00 fine the licensed activity, other than violations of the food code (3) Failure to permit entrance or inspection by LIEP 5-day inspector or police suspension (4) Commission of a crime other than a felony on the $700.00 premises by a licensee or employee (5) Commission of a felony on the premises by a licensee or $2,000.00 empioyee (6) Death or great bodily harm in establishment related to 30-day violation of law or license conditions suspension (7) Failure to pay license fees Revocation (8) Critical violations under 331A $250.00 (9) Non-critical violation under 331A (i) Fines payable without hearing. Revocation n/a 60-day Revocation suspension $500.00 $150.00 $250.00 $1,000.00, 5-day suspension $500.00 City of St. Paul, MN - Official VJebsite - City Charter & Codes Page 1 of 1 $ "�.�9 — _sec�aos.2sr �.,.,.,; , .� , ....a:::� _I;q,,.�_.��,;,,tox;catiflg�lt-r , a�wrrpces�mptNe-_Peaaltie�� -- — (a) Pufpose. The purpose of this section is to establish a standard by which fhe cify council determines the leng suspensions and the propriety of revocations, and shall appty to ali on-sale and off-sale licensed premises for b� liquor under this chapter and nonintobcating liquor under Chapter 410. Tfiese penalties are presumed to be apF case; however the council may deviate therefrom in an individual case where fhe council finds and determines t substantiai and compelling reasons maldng it more appropriate to do so. When deviating from these standards, provide written reasons that specify why the penalty selected was more appropriate. (b) Presumpfive penafties for violations. Adverse pena{ties for convicfions o� viotations shall be presumed as foll specified, numbers below indicate consecutive days' suspension): Type of Violation (1) Commission of a feiony related to the licensed activity. (2) Sale of alcohol beverages while license is under suspension. (3) Sale of alcoholic beverages to underege person. (4) Sale of alcoholic beverage to intoxicated person. (5) After hours sale of alcoholic beverages. (6) After hours display or consumption of alcoholic beverage. Fine (7) Refusal to allow city inspectors or police admission to inspect premises. 5 (8) Illegal gambling on premises. Fine (9) Failure to take reasonable steps to stop person from leaving premises with Fine alcoholic beverage. (10) Failure to make application for license renewal prior to license expiration Fine date. (11) Sale of intoxicating liquorwhere oniy license is for nonintoxicating liquor. Fine (12) Failure to comply with statutory, and ordinance requirements for Iiability 10 insurance. Appearance 1st 2nd 3rd Revocation NA NA Revocation NA Fine Fine Fine Fine Fine 6 4 15 NA Up to U p to 18 12 Revoc 18 12 6 18 6 18 Revocation NA . ._. _ . _ .__. . cr�r_innno