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09-1142Amended 11/18/09 RESOLUTION Council Iyle # �q �" Green Sheet # ` (p PAUL, MINNESOTA 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Presented by ►� WHEREAS, adverse action was initiated against all the licenses held by Moises Cortes d/b/a Casa Vieja (License ID#20060000159) for the premises located at 2176 - 7`� Street West in Saint Paul by Notice of Violation dated September 29, 2009, alleging that on July 23, 2009, licensee allowed patrons to bring alcoholic beverages outside of the establishment without the appropriate Liquor Outdoor Service Area license and on July 24, 2009, licensee submitted liquor liabiliry insurance with a lapse in coverage from July 16, 2009 to July 23, 2009; and WHEREAS, due to the size of the establishment and the fact that this is the second violation within one year, per Saint Paul Legislative Code §409.26 (b) (9) and (12), the licensing office is recommending a ten (10) closure of the establishment and a$2,000.00 matrix penalty; and WHEREAS, licensee did respond to the Notice of Violation to request a public hearing which was originally scheduled on November 4, 2009, but laid over by City Council until November 18, 2009, and now, therefore, be it * four (4) RESOLVED, that all the licenses held by Moises Cortes d/b/a Casa Vieja are hereby suspended and the establishment is closed for �e�-(-�8} for submitting liquor liability insurance with a lapse in coverage from July 16, 2009 to July 23, 2009. Said suspension shall become effective at 12:01 a.m. Wednesday, December 9, 2009 and last until ll:59 p.m. Fridaq,-Beeei�berl$,z'lF)09- Saturday, December 12, 2009. * 250.00 F[JRTHER RESOLVED, the licensee is ordered to pay a matrix penalty of . for allowing patrons to bring alcoholic beverages outside of the establishment without the appropriate Liquor Outdoor Service Area license. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. This resolution, and action taken above, is based upon facts contained in the September 29, 2009, Notice of 24 Violation sent to the licensee and the arguments made at the public hearing on November 18, 2009. * The remainder of the suspension (6 days) and fine ($1,750.00) is stayed for a period of eighteen (18) months provided there are no same or similar violations. Yeas ✓ Adopted by Council: Date ��j Absent Req by Depaztment of: ,q. ��Jl.[lTO.Cta �Vld� o�Y�O %�/wo/'�S B f} ��' Form By: Adoption Certified by Cound Secretary Form BY� � 7 By: Approv by yo : Dat � �` By: by City by� y f ub n to Co cil " ( Vv��v� Ci. __ � Green Sheet Green 8heet Green Sheet-Gree� Sheet Green Sheet-�reen-Sheet =� - --- - - — - : - - -- a _ '11 �a- o�a��ou��: j�a��;ti��: � Green Sheet NO: 3083716 _ �, _S _ Dept. of Safety & Inspections � 12 OCT 2009 i I Confacf Parsnn R Phnnc• October 22, 2009 2:05 PM Page 1 OFFICE OF THE CITY ATTORNEY John Ghoi, Ciry Attorney ay—I�� sw�Hr PAUL CfTY OF SAINT PAUL c��o��s�on � Chnsfopher B. Cofeman, Mayor 400 Ciry Hall Telephone: 657 266-8710 15WestKellogg8/vd. Facsimile:657298-5619 Al1AA SarntPaul, Minnesota 55702 October 22, 2009 NOTICE OF RESCHEDULED COUNCIL HEARING Moises Cortes Casa Vieja 2176 - 7`" Street West St. Paul, MN 55116 RE: All licenses held by Moises Cortes d/bfa Casa Vieja for the premises located at 2176 — 7` Street West in Saint Paul License ID #: 20060000159 Dear Mr. Cortes: Please take notice that this matter has been set on the Public Hearing Agenda for the �ity Council meeting scheduled for Wednesday, November 18, 2009, at 5:30 p.m., in the City Council Chambers, Third F1oor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their considerarion. This is an uncontested matter conaerning the fact that ]) on 7uly 23, 2009, yoa allowed patrons to bring alcoholic beverages outside of your establishment without the appzopriate Liquor Outdoor Service Area license and 2) on July 24, 2009, you submitted liquor liabil'aty insurance with a lapse in coverage from July 16, 2009 to July 23, 2Q09. This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. Per Saint Paul Legislafive Code §409.26 (b) (9) and (12), the licensing office will recommend a 10-day closure of your establishment and a$2,000.00 matrix penaity. If there is anv information vou would like Citv Council to review urior to the aublic hearinE I will need to receive it no later than Fridav, November b. 2009. Very truly yours, � �/Cc�yv� Virgin' D. Falmer Assistant City Attorney cc: � hristine Rozek, Deputy Director of DSI ary Erickson, Council Secretary Patricia Martinez, 38 Iowa Avenne West, St. Paul, MN 55107 Kathy Carruth, Community Organizer, Highland District Council, 1978 Ford Parkway, St. Paul, MN SSll6-1922 Affirmative Action Equal Opportunicy Employer STATE OF MINNESOTA) ) ss. COUNTX OF RAMSEY ) AFFIDAVTT OF SERVICE BY U.S MAIL �i��"1 / Julie Kraus, being first duly sworn, deposes and says that on the ( 3 � day of October, she served the attached NOTICE OF COUNCIL HEARING by placing a true and correct copy thereof in an envelope addressed as foilows: Moises Cortes Casa Vie�a 2176 - 7` Street West St. Paul, MN 55116 Fatricia Martinez 38 Iowa Avenue West St. Paul, MN 55107 Kathy Carruth, Community Organi2er Highland District Conncil 1978 Ford Parkway St. Paul, MN 55 1 7 6-1922 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States m�il at St. Paul, Minnesota. 'l1.)�_. Juh Kraus Subscribed and sworn to before me this 1= day of October, 2009 ��Gv� NoCary Public c w ,a,_ � -- _ _. __: _�.� g:._ :a �.. _._.____."`'b"'�' � . �:� � ��. �"�A ^ ��+� { :SUr , .3�71tsNESC7k � ' :VrYG�^ifUifitel3S)pr�,'. � V ataq'. '=k;�1s":E5.3AN.3s.209� ' - - �° . . �,.� UNCONTESTED LICENSE MATTER Licensee Name Address: Council Date: Casa Vieja 2176 — 7�' Street West St. Paul, MN 55116 Wednesday, November 18, 2009@ 5:30 p.m. d�'�� Violation: Licensee allowed patrons to bring alcoholic beverages outside of the establishment without the appropriate Liquor Outdoor Service Area license and submitted liquor liability insurance with a lapse in coverage from July 16, 2009 to July 23, 2009. Dates of Violation: July 23, 2009 anc� July 24, 2009 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: 10-day closure of establishment and a$2,000.00 matrix penalty Attachments: 1. 2. 3. 4. 5. 6. 9. 10. Proposed resolution Copies of ECLIPS screens dated 8/26J09 Letter from Rich Jents to Moises Cortes dated 7/21/04 Police CN #09-153-357 dated 7/23/Q9 Electronic mail from Laura Benson to Christine Rozek dated 7/24l09 Notice of Violation and Af�davit of Service dated 9/29l09 Letter from licensee requesting a public hearing dated 10/8/09 Saint Paul Legislative Code §409.26 (b) (9) and (12) Licer�se Group Commeats Text Licensee: MO1SE5 CORTES DBA: CASA VIE.IA License k: 2D06D000159 C` � � f �� as�z5�za�5 1 D8/252009 To CAO ior adverse action. $500 matrix penalry and 10 day suspension for lapse m fiquor 6abiiiry insurance. CAR OS/t7/2009 CN09?53357 supplement clarifies that police officer noteo that patrcr.s were dnnking outside or the bar or the 07l232009 wsit 5500 matrix penalty CAR 07l27l2009 Lapse m msurance cove�age from 07/16/2009 through 07/23/2�09 Matnz pena�ry is a 10 dzy closure. SPPD did verify that the escabhshment was ooen and serving afcohol dunng the fime when there was no coverage CAR C7/23/2008 CN09153357 indicates that bar is serv�ng afcohof CAR 07/2312009 Rec`d repfacement hquor 6abihty with lapse in coverage fmm 7116/09 ?0 7123/09 LAB 07/21p009 RJ Nantl oelivered letter to manager and told them not to serve alcohol unt71 fhe msurance issue was resolved CAR 07/21/2009 Gave letter to Poch to hand deliver adwsmg no alcohol sales unh! corrent iiquor 6abihty is received Faxed copy ro SPPD-Westem Distnct LAc 07/07/2009 Rec'd notice of cancellation of hquor habihty effective 7/76/2009 LAB O5l75/2009 Rcvd cashiers check for $4699.00 to cover NSF and 53Q.0� cash for NSF tee P.MW �5l15120�9 Rcvd NSF ck#56Z3 for 54699.00 Now owes $4,729 00 AMW 10f03l2D08 Rcvd $500.00 for liquor safes violation AMW 09/12/2D08 Sent Fi�e letter ($500 due 50/3/08). LAB �9/0 312 0 0 8 Council ResoWtion OS-975 imposed a"y500 fine for service of alcohol to a minor Payment to be made in 30 days RS 07/16/2008 Nohce of Council Hearing set for 08/06/2008 on report from AW recommendmg $500 penalty CAR 05/19/2008 Nofice of Admmistrative Hearing from CAO set for 06/l t/2008 CAR �5/06l20�8 Sent letter passing liquor compl�ance check done by SPPD ml 0417_520rg Pa�d NSF wiB� Cashiers Check #157067 AMW G4f25;2002, Rwd NSF ck #4307 ior �4097.50.�AMW � Oa23/200fi CAO sent Notice of Viofation for sale of aiwhoi to an underage person; penalty is 55�0; response ddead6ne is May 2 RS 04/1';2008 CN08065010 to CAO for review and possible adverse achon for sale to an underage 5500 matnx penalty CAR 04 �13/2008 CN08065070 indicates possible serwce to an underage. CAR 10/30/2007 Sent congratulations fetter tor pa5sing liquor compliance check SLH 10l13/2007 Passed liquor compl�ance check done by SPP� SLH 08/2172007 Sent congratula6ons letter for passmg liquor compliance check SLH 68/09/2007 Passed hquor compliance check conducted by the SPPD. SLH 052t/20D7 BZA granted variance of 18 parking stalls, which was reqwred for the Issuance of an EnteRamment (B) hcense RS 04/18/2007 Gailes submitted a variance request, the BZA meets on May 21, 2007. RS 04/13l2007 At John Marshall's request, LIEP agreed to give Gailes time to make a variance app6cation to meet the parking reqmrement RS 04I122007 Galles came to LIEP with a letter from the motel rtext door givtng their permission for Casa Vie�a to use their parking lot There was no lease agreement. The motel has 24 park�ng spaces, Ga{{es needs a� addiBonal 18 spaces The motel cannot designate 18 oF Yhev spaces for the restauranCs useage I told Gailes he will need to either enter �nto a parking lease agreement with Pearson's Candy (next door) or appfy for a zomng vanance Gatfes said fhat was unreasonable antl that he wiil call Pat Harns' office RS D4/04/2007 Sent letter to Galles (and copied Moises Cortes) giving him a dead6ne of April 13, 2007 to e�ther submit a shared parking agreement or make appliication for a zonmg vanance, RS 02/28/2007 Greg Galles submitted a parking lease, but it was not suffcient; CAO achon wdl be put on hold to allow Galles hme to submR a suffaent lease agrzement RS 02(27f2007 To CAO for dernal of EnteRamment B applicat�on for failure to submd shared parkmg agreement RS 02/'15l2067 Sent le8er to applicant giving deadhne of Feb 23 to 4umish shared parking agreement or appfy for a parking vanance RS 02J07/2007 Weapons warning sent from CAO CAR 02/03/2007 CN 07021500 indicates that a weapon was mside the estabiishment To CAO for weapons warmng CAR 12/73/2006 Entertainment A 6cense issued at no charge, this hcense will be canceled when licensee has met parking reqwrement for Entertammenc B RS 12/11l2006 Entertainment B cannot be issued until ficensee obtains a shared parking agreement for additional parkmg reqmred, per JJH RS 12lt V2006 Maro�a Moermond did not recewe objectrons to the fo!lowmg 6censas. E�tertamment B 8 2 AM closmg RS 11l021/2006 Sent congratulations letter for passing liquor compliance check. ME� 07J1912006 Passed hqoor compfiance check MED 11/09i20D6 Revised Nohfications sent, (Revisedj response date, 12i08i2DD6, 41M and 35EM.gb 11/07/2006 NotificaFions sent (for Entertainment B and 2AM closing); respo�se date 12/22/D6; 41M antl EM RS 10/30/2D06 PeEi6on verified by RJ, 90% signatures receivzd. RS 10/7 8/2006 Petition received for entertamment B and forvvarded to RJ for verification GAR 10l12/2006 Sent congratulahons letter for passing liq�or comphance check MEO 09/15(2006 Passetl hquor compliance check MED OS/08f2006 Sent Waming letter fmm CAR advising ficensee that future events prowdmg entzrtainment will neetl to be 6censed LAB 06/� 6/2D06 Have received nc obJections against tne app for gambhng locahon by nohiication date per Marcia Moermontl License approved / cat 05/03/2006 Nofifcations sent, response date 06/16/2006, 46M and 32EM.gb D4/12/2006 Adop!ed ResoWfion 06-359 Approving the application, per the Legislative Hearing Officer, for Liquor On Sale Over 100 S=ats, Liquor On Sale-Sundzr, and Restaurant More than �2 Seats Licenses 04l�62�06 Legislative Heanng scheduled for Tuesday, April 1 �@3pm. C2f0372006 Notificafions sent, response date 03f24(2006, 43M and 32EM.gb Address - t�censee i CorRact� Licer�se � Cardhotder � � Licensee Name: OiSES CORTES D6.4: CASA VIEJA Sales Tax Id: �! b�! -I ( �-�" Fnd Mnw OFC Canee! New Search Help Rievu Gr�up.:, �- Nevd 7eatf? Grp� . Gro�a,,: �tdd tic�8... Propet�ies...' :_---_.I,.:_ y 1.,--- -`•-'— 1 .:�_ t .... _ , . ., ; Errtertainmert (8) Actiue License Prirrted ___ __ _ _ . _ ___. .____,_ . .. _ .. . ..__. . .. ... . _ _.. _.... .....__. . ... _. _ +Restaurar�t (5j -151 and Ower Active License Prirrted �- -- __._ __ _ . . . . . ..... ... . .._ . �._.__ __. _.__. _�_ .� ._ 16456 MOISES GORTES GASA VIEJA Alarm Permit (New) , Active RII Requirements Met �._.. .. _.___. ______ __ _ _ _ �. _._.___. __ _ ��____. _------ ;0 !MOISES CORTES CASA VIEJA False klarms Aetive All Requiremer�s M�t _.__. __. ._.. _ ._. _ _ . .__ _ __ _ _._._. _ ., ..- - Gambling Lacation Active License Prirrted __._�. ___. r._ __ ........_. _ _.._..�.__.._.. ...�___�__ .._..... .. ; , Irquor On 5ale -181-29� Seats A.ctive License Pri�ted ____ __ _.. ...... . __ . ._ ... _.. ... _. .. _.. _.. _. _ � _.._ _,. .. _._ .. ,Liquor On Sale - 2 aM Closing Actiue Pending Approaching Renewal _. . . _ Restaurarrt (B) - more than 1 Z seats Canceled �1 C23C20Q8 CF #�7-987 +Liquor 4n Sale - Over 10D seats (8) Canceled =Erhertainmerh (A) Canceled _,_�_._�.,_ ._. .._ _..._., iRestaurarrt (4) - 51-15� Seats Canceled __. ._,_,,_.....___.__ _.,._ .....____.__.. False ,4larms Compiete 01 E23t2008 CF #07-967 05129tZ007 Ca�celed q o7t3of2dos WYong licer _ .... ... __,_._ _ License Expiration date License � � Property Street #: 1 Street Name: �t1� Street Type: � Un'rt ind: r City: � SYate: v1r r Ward: 3� Dist Council: 1�5 Licensee � Lic. Types � �` Licensee �` Unofficial 76 ST Direction: Unit #: PAUL Licensee DBA V{EJA insurance � Bond � Requiremer�is � Projeet Facil'hator: TILLEY, CORINNE �► Adverse Action Cammerrts 1 t23f1��8 CF #07-967 - Change in license type frnm estaurarr!-B to Restaurarrt-5. LAB 1 t23f2i]08 CF #07-967 - Change in license type from _ �_�_ � :_..._.. _.._.. �.,., ---.-._ .._ �_,_ � :_..._.. ,.,� ._ License Group Commerds: Zip: 55116 8�$�D09 Ser�t leiter passed Gquor compliance check one by SPPD on Si12C2009. ml Bro+�lse 325t20�9 Ta CAO for adverse action, $500 mstrix enatty and 10 day suspension for lapse in liquor liaqility nsurance. CAR Licensee: �tOISES COF DBQ,: ASA VIEJA Saies T�;x ir�: 027249 Lcertse T False Alarms False Alarms False Alarms �.,,.,,,��„�.�. ,�, Lic�ens� i� 60000159 Licensee Commerds: Bus Phone: 651) 695-82D8 ' R D1i01l20118 12�39I20�8 R 01 N1 !"10D6 ! 12l31 f20�B - . ..._ _... . _ R 01 N1)2DU9 , 12f3'l I200J Save Changesto GondRions N N N $� A0. �-�; $0.0�' $0.00 r�( �an�1 ..... Fkelp� 1?+lact, License Licensee Licensee Name: DBA: Safes Tax Id: AA Corrtract Rec'd: AA Fee Collected: Y , _ �; Licensee QiSES CORTES �'tt`�- ;� DBA ASA VIEJA L ,. I I �� Lic. Types � insurance � Bond �- Requiremerds � j � � CORTES Errnnts�... VIEJ,4 �9 Non-Profit: }� �Iorker's Camp: 4N8t2010 Properties... �D�a AA Training P.ec'd: dro0N00� ]000 Discourrt ftec'd: r Financiaf Hold Reasorrs License # Fxpirstian� Reason Active Date __..,._._._ �,,......�.. NSF N �4(2St2�Q8 _.. NSF ;N �SM St2009 ! ticense thris Licensee A�;�g )nactive 11 e� 3t200�aaN�NOQ� 01M 6ackground Check Required � Lic�ense # Last Name . Fust i�ame j :TES M41SES ( °�-°---�--�----� -Mail License Ta — aus. �non� �; naa�i To c4�tac� �51 j 695-62�E #"' License Addres: ES MOISES �OV�AJER (HOM(651) 695-820E Maii Invoice To: — � Mail To Cor�act � �° License Addres: Corrtact Propert�es..: � Save Changes to History (� p}� �rycel.. H�lp. n .� " � License � License Type: Insurance Type: Palicy #: �- Company. Acidress; Phone #: Licensee D@A Licensee � Lic. Types Insurance } Band i iquor 4n Sale - Sunday Liquor Liabildy Insurance � R51057240 fNS � Requiremerds � � � �� 1 Df 1 � L''�{1iC�4'3 Effective: 7F23T2D09 Liabi�ity Limits Insurance Rec'd 7I24l2009 Expiration: 7t23t2010 1,000,000 - OCCUftRENCE UMIT � Days To Cancel: 1 D Gordinuous � 2A�a,D00 - AGGREGATE LfMIT Canceled: �rjpropp0 City Insured ; Cancel Rec'd: . p,rpDl0000 Agency: �lUfESShJER INC Rddress: 4Q SMITH AVE SO, ST PAU�, MN 55107 --.�..,.,. . _ .. . _ Phone #: 651) 222-6123 Corrtact: ENISE MOTZ Nev!t L3el�fie �u�p�' Lie�ns� # Changes to �story {� 8 of 15 ��: K Cane�l Heip. License � Licensee � Lic. Types Insurance � Bond � Requiremerds � License Type: iquor On 5ale -151-290 Sests Ins�arance Type: Liquar Liability Insura�ce �r °uiicy #: PS1 �5724� �ampany: �SCOTTSDALE INS Address: Phone #: � ��-�►�- � 1 ot 1 � ;fek�iciss Effective: 7t23t2009 Liability Limits Insurance Rec'd 7t24l20�9 Expiration: 7f23�2016 1,000,000 - OCCLlRRENCE LIMIT Days To Cancel: 10 Corrtinuous �` 2,000,000 - AGGREGATE LIMIT Canceled: p;ppro004 City Insured �.� , Cancel Rec'd: p�rjurn�OD �.gency: ESSNER INC _ _. .. , Address: 40 SMITH AVE SO, ST pAUL, MN 55107 _. __ __._. .._ _ Phone #: 651) 222-6123. Cor�tact: ENISE MOTZ PSe+n? -Detete Cv��i;+ Lic�r�s� # � 15of15 Save Changes to Histary �ance! 7y ��P`> ,i»I �-:� �� I � lFt1A!! CITY OF SA.IIr'T PALZ Qvismpher B. Cdeman. Mayar 3uly 21, 2009 ?vioises Cortes Casa Vieja 2176 West 7�' Street Saint Paui, MN SSll6 Bear tYiz. Cortes: DEPAA't2hE31T OF SAFEi Y ANB INSPEL.'IYONS BobKesrl� D"ve�ar COMMERCE BULLDING 8 Fourth St E, .i;ute 2D0 Smn1 Peu{ .lfnmaota 55107-702? �� '�' Tdephone: 651-26b909Q Faa�i+nr7e: 651-2669724 WeL.� www.smmtLgw/dsz It has cnn�e to o�sr attention that the liquor liability insurance yau are required to have and keep in force while holding an On Sale Liquor Iicense in Saint Paul was canceLl� effective 7uly 16, 2009 at 12:01 a.m. and the Degarcment of Safety and Inspections has not received proof of rep2acement covezage which is required by Chapter 404 of the Saint Paul Legislative Code. Please be advised that tbere should be no sezvice of alcohol at 2176 West 7'� Street until this office receives a current liquor liability certificate effective Ju1y 16, 2001 and expiring Apri13, 201 Q with your ticvnse expiration date. If you have any questions, I am available at 651 266-9116 during regutar business hours. Your replacement cerlificate or reinstatement can be faxed to 651 266-9040, attention Rich 5incer � �� Rich Jents DSI Inspector z�n� ��io�e cc: Westem District Commander, SPPD AA ADA-EEO Employct' Saint Pauf Police Department -� 1�� '°` Sf1PPtEtl�tEt��"/�L ��r€NSE / INCIDENT ��ORT Complamt Numbe� Rete�ence CN 09153357 Primap� offense. LfQUCR LAW-MISC LfQUOR VIOLATION Date and 7me ot Report 08/17/2009 03:30:00 Pnmary Reporimp Officer MohS, Phllip Name of IocatioNbusiness� Pnmary squad 148 Location ofincidenP 2176 7TH ST W Secondarv reportmg o�ce� appro�er Ka�e, Patnck fl;stnct Westem Sde. Ar2st made Secondary oflense Police Officer AssauNed or Njuretl; Cnme Scene Processed� ST PAUL, MN 55116 Date &[ime of occurrence� 07/23/2009 0024:00 f� o�nsi2oos oo.2a:oo Police Office�Assisted Suic�de' OFFENSE DETAILS LlQUOR LAW-M{SC LIQUOR VIOLATION ABempfONy: Appears to be Gang Re�ated SOLVABILITY FACTORS Suspect can be identified Photos Taken Ev�dence 7umed In Related (ncident� Lab 8rologica! Analysa Narcofic Analysis� Ca6 Comments By Stolen Property Traceable; P�operty Tumed In. Frngerprints T"aken. Ifems Fmgerpnnted� 'articipants: 'erson Type. Name Address: Phone: . .__.. ,. . , ,. �„ �.. n.., .� , „ .. ... ..M,. ,..�, ._„ ,. �.,.,.- 7his report is to expand on the detaiis that I observed on 7123/09 at approx 002d hrs, 2176 W 7th St (Casa Vieya). 1�'hen 1 arrived at the bar, i observed several female customers smoking while they sat at a smaif patio style table near the main entrance. On top of the table, i observed Ywo beer botties with beer in them. The two SP954DE5C260D3D Saini Pau( Police Departmer,_ b��(��( � Pa9z 2°'z SUPPLEIV�ENTAL QF��#VSE / [NCIDENT REPORT Comptamt Numbe� Reference CN Date antl i ime of .Report 49153357 Pnmarn o6ense� LfQUC7R LAW-MISC LIQUOR VIOLATI�N 08/17/2009 03:30:00 femaies v✓ere drir:king while they sat at the tabfe smoking. f entered the bar to {ocated the manager, Mr. Galles, after {ocating him we exited the business and spoke out side. As we spoke outside about whether aicoho! was being served, i noficed the beer botfles that were on the table had been remaved. The two females went back inside the bar. Galles at no time tried to hide rhe fact that alcohol was being served and was very cooperative durmg the entire incident. Several males had came outside and sat down at the table, None of the males were observed drinking alcohol. They were sitting at the table snoking. This report is to expand the details that I observed on 7-23-09. PUSLIC NARRATIVE Supplemental Report. SP954DESC26DD3D (%12?�20�9) Christine Rozek - Casa �jie�� Page � � ��{'t�� Erom: Laura Benton To: Rozek, Chnstine; Schoen, Dave; Scnwemler, Kn� Date: 7/24(2009 11:06 AM Subject: Casa Ye7a We have -=ceived repiacement Iiquor I+ability for Casa Vie7a at 2176 West 7th Shee*, but ic has a lapse m coverao=_ nom ]uly 16, 20�9 to July 23, 20�9. 1 have verified tl�e fapse with their new agent, Den!se Mo� at Wiessner Insurance Agency. - ��1�� SwINT PAUL � AAAA C(TY t�� SAINT PAUL Chnstopher 8. Coleman, Mayor OFFICE OF THE CITY ATTORA�EY JOhn ✓, Choi, CityAttomey Telen'r. �r,e: 651266-8770 Facsin„le: 651 298-5619 September 29, ?�09 NOTICE OF VdOLATION Moises Cortes Casa Vieja 2176 West 7�' Street St. Paul, MN 55116 Croil Division 400 City Hall 75 West Kellogg Blvd. Samt Pau1, Minnesota 55 )02 RE: All ]icenses held by Moises Cortes d/b/a Casa Vieja for the premises located at 2176 West 7`� Street in Saint Paul License ID #; 200600D0159 Deaz Mr. Cortes: The Department of Safety and Inspections (DSI) will recommend adverse action against all licenses held by Moises Cortes d/bla Casa Vieja for the premises located at 2176 West 7` Street in Saint Paul. The basis for the recommendation is as follows: On July 21, 2009 you were sent a letter from the pepartment of Safety and Inspections (DSI) stating that your liquor liability insueance was cancelled effective July 16, 2009 at 12:01 a.m. The letter also stated tYrat DSI had not received proof of replacement coverage which is required l�y Chapter 409 of the Saint Paul Legistative Code. You were then advised not to serve alcohol untii DSI received a current liquor ►iability ceriificate effective July 16, 2009 and expiring Apri13, 2010. On JLIy 23, 2009, at approximately 12:24 a.m., St. Paul Police stopped by your establishment (CN #09-153357) a�d observed several female customers at a sma:! patio style table outside near the main entrance. There were two bottles with beer in them on the table and two of the femates were drinking while they sat at the table. Police spoke with the manager on duty outside your establishment about whether alcohol was being served. The of�cer noticed at that time that the beer bottles on the table had been removed and the two femates went back into the bar. The manager was very cooperative and at no time hid the fact that alcohol was beSng served. This is a violation of Saint Paul Legislative Code §A09.26 (b) (9). On July 24, 2009, D5I received replacement liquor liability insurance from you, but there was a lapse in coverage from July fl6, 2009 to July 23, 2009. .4 DSI staff person contacted your new agent, DenSse Motz to con�rm the Iapse in coverage. This is a violation of Saint Paul Legislative Code §409.26 (b) (12). Affirmari��e Aciion Squal Opportunity Empleyez Casa Vieja September 29, 2009 Page 2 C��1JIf�t Due to the size of your establishment and the fact that this is a second violation wichin one yeaz, the hcensing office will recommend the following: 1) a ten (10) day closure of your establishment for failure to comply with statutory anC ordinance requiremenu for maintaining current liquor liability insurance and 2) a$2,000.00 matrix penalty for allowing patrons to drink alcoholic beverages outside without the appropriate Liquor Outdoo: Service Area license and failcre to take reasonable steps to stop persons from leaving the pretnises with alcoholic beverages. At this fime, you have two op�aons on how to proceed: If you wish to admit the fac*s out contest the penalty, you may have a public hearing before the Saint Panl City Council, you will need to send me a letter with a statement admitting che facts and requesting a public hearing. �Ie will need to receive your letter by Thursday, October 8, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the ten (10) day closure of your establishment and the $2,000.00 matrix penalty. You will have an opportunity to appear before the Council to make a statement on your own behalf. 2. If you dispute the above facts, you can reqaest a hearing before an Administrative Law Judge. At chat hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine eacb other's witnesses. The St. Paul City Co�ncif will u3timately decide the case. If this is your choice, please advise me no later than Thursday, October 8, 2009, and I will take the necessary steps to schedule the administrative hearing. If you haee not contasted me by that date, I will assume that you do not contest the ten (10) day closure of your establishment and 'amposition of the $2,000.00 matrix penalty. In that case, the matGar will he ptaced on the a ity Council Consent Agenda for approval of the recommended penalty. If you have questions about these oppons, please feel free to contact me at 266-871o. Sincerely, e � �� b v�� Rachel TiemeyJVirginia D. Palmer Assistant City Attomey cc: Christine Rozek, Depvty Director of DSI Patricia Martir:ez, 38 Iowa Avenne West, St. Paul, MN 55109 Kathy Carruth, Commnnity Organizer, Highland District Council, 197B Ford Parkway St. Paul, MN 55116-1922 Affirmative Action Equal Opportunity EmQloyet ��;.�,��q �� Q Q� �-:,�.�- �-�'� ;� � c� �� 4do ; 5 9 ��j - ( i'�� ;;,� � '� �� .-;,� � �- '�is ' l Y w . tSta�� C � ; , , ( _'�;, ��u.� �x � �.�. ns�s..�.�.�� '� � n.�e� � n��-, c�.zl � '� q ° c� � � e� �m,�. < • P � �� -�, .�,,� � � �, �,�,,� �,,,.� �,-�,�,�� ..,��- � �,�:..� .�s,A �.�- �� , � �� . � � � �� c�..�,� � ,}.�= �.;.—,, �.� .�.�.� � �.�,� c�,, �, �..� �. � - � � �.s �� ,�.�:o �.�� , -��. � ��.� �� ,.,< �.,. � � a�:,�.� o-�. o„A � „� "�9 � . `A'� � �,A:� :�5�.9 1� �- 9 ��4 -„�k f�.P�..;✓,� , ...JC ,.v� � �1.� �•9-z� - �-k�..Q :*s�w.d. . � �. �,,� ~ � � �� .� � �.� � .��Q �. �.�. � ��.�. S� ��.�. (� � a � � � � �� .�. � _� � �� .�.�.�t. � � .� � ;�.� �� . (��.� .�,.,.�,r,s.��C�. ��,� �� ao w, �.,;,<!�.^ � � �� 4��Q � �-,.� � � r�-.�. w. � .�� . C� �� e :� '�'o ac��` %� �w � v� e n�.a�. -�'��, 9.�a-�u. �€.a � ,`.�-dc.u.�� '�.,�,� � � c. �� "({� - f� ssu�.,^ r�, � u-vJ�a-�,,�'� !�.a�y�9 � n-Ea�' cYO��c,..1.s..,�Q w�t v -- � `� i � � �x"�'.�isR � "'" � � � �Z'..a-'a�^.� vv�,� �,� '� � -enr�a_ti .Y+� �p,�,�,� , � � ^"� � c �eA �mt� � C� �� C� �'`c.� � � 'l u � �F.�� ,�.,� � �� . � �� t-�' . �.�� c�,�t� � � � � c � �"� � `� �� .� �'`�L1 ca.s�a.r ev��a-�'� �w,h . "�Z„ , '� , _ � r__ � , �� Chapter 409. Intoxicating Liqnnr* Page 1 of 4 - f f � Sec. 409.26. 1»toxicating liquor; nonintoxicating malt liquor; presumptive penalties, (a) Purpose. The purpose of this section is ta establish a standard by which the city councif determines the fength of license suspensions and the propriety of revocations, and shall apply to all on-sale and ofF-sale licensed premises for 6oth intoxicating (iquor under this chapter and nonintoxicating liquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the counci! may deviate therefrom in an individual case where the council finds and determines that ?here exist substantial and compelling reasons making it more appropriate to do so. V�her. deviating from these standards, the council shail provide written reasons that speciSy ��+i�� the penal;�r se{ected was more appropriate. (b) Presumpfive penalties ior violations. Adverse penaities for convictions or violations shall be presumed as foilows (unless sp�citied, numbers below indicate co�secutive days' suspension): TABLE INSET: Type of Violation Commission of a felony (1) related to the licensed l2) Sale of alcohoi beverages while license is under (3) Sale of alcoholic beverages to underage 1st 2nd Revocation NA Revocation NA Fine I Fine 4 Sale of alcoholic beverage � � to intoxicated person. Fine After hours sate of � aicoholic beverages, Fine After hours display or (6) consumption of aicoholic Fine Refusai to aliow city t7 � inspectors or palice admission to inspect premises. � Illegal on Failure to take reasonable � steps to stop person from leaving premises with alcoholic beverage. Failure to make (10} application for ficense renewai prior to license expiration date. Sale of intoxicating liquor (11) where oniy Iicense is for E Fine Fine Fine Fine Fine 6 4 15 6 4 6 6 3rd 4th NA NA NA NA Up to 18 Revocation Up to 18 Revocation 18 Revocation 12 � Revocation Revocation NA � $ Revocation 12 Revocation 18 Revocation 18 Revocation http://library2.municode.com/4472/DocView110061/i/31$1406?hilite=409 26; 9/24/2009 Chaptez 409. Intoxicating Lia��or* Faifure Yo camp{y with (12} statutory, and ordinance requirements for IiaUility insurance. ia l Revocation ' NA Page 2 of 4 - ��`t [�1 For those violations which occur in on-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (lQ) and (11), wh'tch would be a tirst appearance not involving multiple violations, a fine shall be imposed accordi�g to the following schedule. For those violations which occur in on-sale intoxicating liquor establishments listed above in numbers (3) and (4), which would be a second appearance not involving multiple violations, the fine amounts set forth below shall be doubled. Seating capacity 0--149 . . . $ 500.00 Seating capacity 150 and over ... 1,000.00 For t?�ose vio{ations which occur in off-sale intoxicating liquor estabfishments fisted above in numbers (3), (4), (5), (6}, (8), (9), (10) and (11), which would be a first ap�earance not involving multiple violations, a fine shall be imposed according to the following schedule, based on the square footage of the retail area of the establishment. For those violations which occur in off-sale intoxicating liquor establishments listed above in numbers (3) and (4j, which would be a second appearance not invoiving multip{e viofations, the fine amounts set forth below shall be doubled. 5,000 square feet or less ...$ 500.00 5,061 square feet or more ... 1,000.00 A Iicensee who would be making a first appearance before the councii may elect to pay the fine to the department of safety and inspections without an appearance before the councii, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from tha presumptive penalty. Payment of the recommended fine will l�e considered to be a waiver of the hearing to which the licensee is entitied, and shaif be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. (c) Multipie violations. At a licensee's first appearance before the city council, the council shall consider and act upon ali the violations that have been alleged and/or incorporated in the notices sent io ihe licensee under the administrative procedures act up to and including the formai notice of hearing. The council in that case shall consider the presumptive penalty for each such violation under the "1 st Appearance" column in paragraph (b) above. The occurrence of muitiple violations shall be grounds for departure from such penalties in the council's discretion. Violations occurring after the date of the notice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the notice(s) by stipuiation if the licensee admits to the facts, and shali in that case be treated as though part of the "1 st Appearance." In all other cases, violations occurring after the date of the formal notice of hearing shall be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance before the councii. (d) Subsequent appearances. Upon a second, third or fourth appearance before the councif by a particular licensee, the council shall impose the presumptive penaity for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. (e) Compufation of trme: http://Iibrazy2.municode.comf44721DocView11006U1f318f406?hilite=40926; 9l24/2009 Chapter 409. Intoxicating Liq»nr* Page 3 of 4 -- -�� '- _ (1� If a licensee appears before the councif for any violation in paragraph (b} �here that vioiation �tas occurred within twelve (12) calendar months after the first appearance of the same ficersee for a violation listed in paragraph (b) above, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penafty. (2) {f a licensee has appeared before the council on two (2) previous occasions, both for violations listed in paragraph (b} above, and if said licensee again appears before the council for a violation listed in said paragraph (b), and if the current violation occurred within eighteen (18) calendar ,rr.nths ot the violation that gave rise to the first appearance before the courcii, 4h�n the current 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 violation listed in paragraph (b) above, and if said licensee again appears before the councii for a violation Iisted in paragraph (b) above, and if the current violation occurred within thirty (30) calendar months of the violation that gave rise to the first appearance, then the current appearance shail be treated as a fourth appearance for the purpose of �+atermining the presumptive penalty. (4) Any appearance not covered by subsections (1), (2j or (3) above shall be treated as a first appearance. In case of multipie violations in any appearance, the date to be used to measure whether iwelve (12), eighteen (18), or thirty (30) months have elapsed shall be the date of the violation last in time at the first appearance, and the date of the violation first in time at any subsequent appearance. (f) Othe� penalties. Nothing in this section shali restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or impose a civil fine not to exceed two thousand dollars ($2,000.00), to impose conditions or take any other adverse action in accordance with law, provided, that the license holder has been afforded an opporYunity for a hearing in the manner provided for in section 31 Q.05 of this Code. (gj Effect ot responsible 6usirtess practices in determining penalty. In determining the appropriate penalty, the council may, in its discretion, consider evidence submitted to it in the c«se of uncontested adverse actions or sut�mitted to a hearing examiner in a contested hearing upon which findings of fiact have been made that a licensee has followed or is likely to follow in the future responsibie business practices in regard to sales to intoxicated persons and sales to minors. (1) For the purposes af service to intoxicated persons, evidence of responsible business practices may include, but is not limited to, those policies, procedures and actions that are implemented at t�me of service and that: a. Encourage pErsons not to become intoxicated if they consume alcohofic beverages o� the defendanYs premises; b. Promote availability of nonalcoholic beverages and food; c. Promote safe transportation alternatives other than driving while intoxicated; d. Prohibit employees and agents of defendant from cansuming aicoholic beverages while acting in their capacity as employees or agents; e. Estabfish promotions and marketing �fforts that pubficize responsibie business practices to the defendanYs customers and community; f. Impiement comprehensive training procedures; g. Maintain an adequate, trained number of empfoyees and agents for the type and size of defenda.nYs business; http:!/library2.municode.com/44721DocViewf1006U11318f406?hiliCe=409 26; 9/24/2009 Chapter 409. Intoxicating Liquor* Page 4 of 4 -$�-' �_� " h. Estabiish a sta�dardized method for hiring qualified employees; +. Reprimand employees who violate emp{oyer policies and procedures; and j. Show that the ficensee has enrolied in recognized courses providing training to self and one (1) or more employees of the licensed estabiishment in regard to standards for responsibfe liquor service. (2) For the purposes of service to minors, evidence of responsible business practices may include, but is not limited to, those l;sted in subsection {1) and the following: a. Management policies that are implemented at the time of service and that ensure the examination of procf.of identification (as established by state �aw) for all persons seeking service of aicoholic beverages who may reasonably be suspected to be minors; b. Comprehensive training of empfoyees who are responsibie for such examination regarding the detection of false or aitered identification; and a Enroilment by the licensee in recognized courses providing training to seif and one (t) or more empioyees of the licensed establishment in regard to standards for responsible liquor service. (Ord. No. 17556, § 1, 4-28-86; Ord. No. 17657, § 14, 6-8-89; Ord. No. 17675, § 1, 8-22-89; Ord. No. �7694, § 2, 11-7-89; Ord. No. 17756, § 1, 8-7-90; Ord. No. 17924, §§ 2, 3, 5-7-92; C.F. No. 92-1829, § 1, 2-9-93; C.F. No. 97-1445, § 1, 12-30-97; C.F. No. 98-866, § 1, 11-4-88; C.F. No. 07-149, § 161, 3- 28-07) http:lJlibrary2.municode.com/4472JDocView11006111J318/406?hilite=409 26; 9l2412009 STATE OF MINNESOTI � , ss. COUNTY OF RA1vfSEY ) ��1 � � r,.,.� 3ulie Kraus, being first duly sworn, deposes and says that on the �`� T '� day of September, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: NToises Cortes Casa Vieja 2176 West 7�' Street St. Paul, MN 55]?6 Patricia Martinez 38 Iowa Avenue West St. Paul, MN 55107 Kathy Camtth, Community Organizer Highland District Gouncil 1978 Ford Parkway St. Paul, MN SSll6-1422 (which is the last known address of said person) depositing the same, with postage prepaid, in the U7ited States mail at St. Paul, Minnesota. LO�AX_. ° � � �' _ J ' Kraus 5ubscribed and sworn to before me this �2 ° ''�—day of September, 2009 � .�� . � r-� Notary Public AFFII�A4�IT aF SE�_ ICE BY U.S. MAIL R1TA M. BOSSARD � NJTARYPUBLIC-MIN��SOTA ti' MY COMMfSSIOh � EXPIRES JAN 3 i 20 ��. k� •. . ,