09-1234Council �le # 09-1234
Green Sheet # 3 b�
RESOLUTION
AINT PAUL, MINNESOTA ��
Presented
WHEREAS, adverse action was taken against al] licenses held by Attucks-Brooks American
Legion Post #606 d/b/a Attucks-Brooks American Legion Post #606 (License ID#0023519) for the
premises located at 976 Concordia Avenue in Saint Paul by Notice of Violation dated October 6, 2009,
2009, alleging that on August 23, 2009, the licensee allowed patrons into the establishment without being
wanded or guests being required to sign in which is a violation of license conditions #1 and #ll; and
7 WHEREAS, this is the second violation to license conditions within one year, per Saint Paul
8 Legislative Code §310.05(m) (1), the licensing office will recommend a$1,000.00 matrix penalty and
9 imposition of the 20-day closure stayed by City Council on August 19, 2009 (CF#09-897); and
10
11 WHEREAS, licensee did respond to the Notice of Violation to request a public hearing which was
12 held on November 4, 2009; and now, therefore, be it
13
14 RESOLVED, that all licenses held by Attucks-Brooks American Legion Post #606 d/b/a Attucks-
15 Brooks American L,egion Post #606 aze hereby suspended and the establishment will be closed for twenty
16 (20) days for violations to license condition #1 and #11 on August 23, 2009. Said suspension shall become
17 effective at 12:01 a.m. on Wednesday, November 25, 2009 and last until 11:59 p.m. Monday, December
18 14, 2009.
19
20 FURTHER RESOLVED, the licensee is ordered to pay a matrix penalty of $1,000.00. Payment of
21 such penalty sha11 be made within thirty days of the date of the adoption of this resolution.
22
23 This resolution, and action taken above, is based upon facts contained in the October 6, 2009,
24 Notice of Violation sent to the licensee and the arguments made at the public hearing on November 4,
25 2009.
Requested by Department of:
� �. .9��s
By: �
Form
�
Adoption Certif by Cou il Secretary Form
BY� / / /i/9 � %� -/�.�s� By:
Approve M o . Date � � �(�
��/��j� i
By: ; l9 i�L -�-���{
Adopted by CounciL Date ���%/,��/f �
09-1234
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sfieet Green Sheet
�' SI — Dept. of Safety 8� lnspections
'. Conpd Person 8 Phone:
� Visqinia D. Pafiner
� 266-8710
��I Must Be on Counci genda by (Date):
, 04NOV-09 t� k� J �
I I Doa Type: RESOLUTION
i
�� E-Document Required: Y
DocumentConWct JulieKraus
I, Contact Phone: 2668776
190CT2009 ! Green Sheet NO: 3084696
.►
Total # of Signature Pages _(Clip All Locations for Signature)
U
1
2
3
4
5
6
7
8
9
10
C�,
�
Approval of the at[ached resolution to take adverse acrion against all licenses held by Attucks-Brooks American Legion Post #606
d/b/a Attucks-Brooks American Legion Post #606 (License ID#0023519) for the premises located at 976 Conwrdia Avenue in Saint
Paul.
Recommendations. Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoNflrm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current city 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 violated license conditions #1 and #11 by allowing pahons to enter establishment without being wanded ox have guests sign-
in. After notification, licensee requested a public hearing.
Advantages If Approved:
$1,000.00 matrix penalry and imposition of 20-day closure stayed by City Council on August 19, 2004 (CF #09-897).
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Trensaction:
Funding Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
Activity Number:
October 19, 2009 10:48 AM Page 1
09-1234
OFFICE OF THE CITY ATTORNEY
John Choi, CityAttomey
SAfNT
PAUL CITY OF SAINT PAUL CivilDivision
� � Chdstopher 8. Colehman, Mayoi 400 Ciry Ha0 Telephone: 657 266-8710
75 West Kellogg 8/vd. Facsimile: 651298-5619
AAAA Saint Paul, Minnesota 55702
October 20, 2009
NOTICE OF COUNCIL HEARING
Regina Wallcer
ls` Vice Commander
Attucks-Brooks American Legion Post #606
976 Concordia Avenue
St. Paul, MN 55104
RE: All licenses held by Attucks-Brooks American Legion Post #606 d/b/a Atwcks-Brooks American Legion
Post #606 for the premises located at 976 Concordia Avenue in Saint Paul
License ID #:0023519
Dear Ms. Walker:
Please take notice that this maiter has been set on the Public Hearing Agenda for the City Council meefing
scheduled for Wednesday, November 4, 2009, at 5:30 p.m., in the City Council Chambers, Third Floor, 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 consideration. This is an uncontested matter concerning the fact that the requested videotape you submitted to the
Department of Safety and Inspections for the night of August 23, 2009, shows patrons entering the establishment without
being wanded or guests being required to sign in. These are violations to license condifions one (#1) and eleven (#11).
This matter has been placed on the public hearing agenda portion of the City Council meeung during which public
discussion is allowed. Due to the fact that this is the second violation of your license condiuons within one yeaz, per Saint
Paul Legislative Code §310.05 (m) (1), the licensing office will recommend a$1,000.00 matrix penalty plus imposition of
the 20-day closure of your establishment stayed by City Council on August 19, 2009 (CF #09-897).
If there is anv information vou would like Citv Council to review nrior to the uublic hearine I will need to
receive it no later than Tuesdav, October 27. 2009.
Very truly yours,
,� �
��Z N.cC� � ��'�-<-
Virginia D. Palmer
Assistant Ciry Attorney
cc: nstine Rozek, Deputy Director of DSI
ary Ezickson, Council Secretary
Mr. Willie Woodson, 389 St. Anthony Avenue, Unit #3Q3, Sr. Paul, MN 55103
Irna Landmm, Exec. Director, Summit-University Planning Council, 627 Selby Avenue, St. Paul, MN 55104
Affinnarive Action Equal Opportunity Employer
STATE OF MINNESOTA)
) ss.
COLINTY OF RAMSEY )
09-1234
AFFIDAVTT OF SERVICE BY U.S. MAIL
Julie Kraus, being first duly sworn, deposes and says that on the �� T Y �day of
October, she served the attached NOTICE OF COUNCIL HEARING by placing a true and
correct copy thereof in an envelope addressed as follows:
Regina Walker
1 Vice Commander
Attucks-Brooks American L.egion Post #606
976 Concordia Avenue
St. Paul, MN 55104
Mr. Willie Woodson
389 St. Anthony Avenue, Unit #303
St. Paul, MN 55103
Irna Landrum, Exec. Director
Summit-University Planning Council
627 Selby Avenue
St. Paul, MN 55104
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�i�/
3 e Kraus
Subscribed and sworn to before me
this ��:`� day of October, 2009
� � ' .�woc-� � �G.���_
Notary Public
�,_.��..� _
� �.. _ :..�a:�.�
�, �c�s�n r�?�r� „artis
• .' "' tt,=1T A? { >LBLiC. NN ZTI1Bf
� icSY^t�A7fiRIvS90�`�SOTA
�. Y ��: t�ZE'�
.cr�,�,. ; `.�;' JkN. 31, 2012
��
09-1234
Licensee Name:
Address:
Council Date:
Violation:
Dates of Violation:
UNCONTESTED LICENSE MATTER
Attucks-Brooks American Legion Post #606
976 Concordia Avenue
St. Paul, MN 55104
Wednesday, November 4, 2009@ 5:30 p.m.
Licensee allowed patrons to enter establishment without
being wanded or have guests sign in which is a violation of
license conditions #1 and #11.
Aagust 23, 2009
Recommendation of Assistant City Attorney on behalf of client, Department of
Safety and Inspections:
$1,000.00 matrix penalty and imposition of 20 - day closure of establishment
stayed by City Council on August 19, 2009 (CF #09-897).
Attachments:
1. Proposed resolution
2. Copies of ECLIPS screens dated 9/30/09
3. City Council Resolution (CF#09— 897) dated 8/19/09
4. Notice of License Suspension anrl Imposition of Fine dated 8/28/09
5. Police CN #09-180-123 dated 8/23/09
6.
7.
8.
9.
10.
Letter to licensee From Christine Rozek dated 8/24/09
Electronic mail from Sgt. Dave Schoen to Christine Rozek dated 9/16/09
Notice of Violation and Affidavit of Service dated 10/6/09
Letter from licensee requesting a public hearing dated 10/15/09
Saint Paul Legislative Code §310.05 (m) (1)
09-1234
License GFOUp Comments Text
Licensee: pT7UCKS-BROOKS AMERICAN LEGION POST #606
DBA: p7TUCKS-BROOKS AMERICAN LEGION POST #606
License #: 0023579
09/30/2009
09l30l2�09 To CAO for adverse action based on CN09180123 and repost of Sgt Schoen This is a second violation, 51000 penalty ptus reinstatement o4
the penalty su5pended fron the first violation which would add back a 20 day suspension CAR
09/78/2009 10 day suspension has been served. CAR
09/17/2009 Rcvd $1,000 for fine. AMW
09/16/2009 Sgt D. Schoen reviewed video from Attucks Brooks and wrote a report indicating that patrons are entering without signing in or being wanded.
CAR
OS/312009 Video was receiv?d a�.d was of good quality for review. CAR
08/282009 Gave Kris SuspensioNFine letter to hand deliver. $1,000 00 fine due 9/18/09 LAB
OS/24/2009 Letter to W llie Woodson asking for wdeo from 08/23/2009. Video must be submitted by 08/31/2009. CAR
OS/23/2009 CN09180123 indicates tha4 patrons were allowed to enter without wanding of having ids checked, a violation of condition #71 Sii:ce this
license has just gone before the councit for adverse action, it seems that the Legion is unwilling or unable to get control of the operation of this
estabhshment. CAR
OS/19/2009 Council Resolution #09-897 orders 30 day suspension of licenses, but suspends penalty for eighteen (18) months subject to the following
conditions: licensee pays $1000 fine, has a ten (10) day suspension of all licenses, and has no violations in those eighteen (18) months. Ten (10) day
suspension shall become effective at 12:01 a.m. Wednesday, September 9, 2009 until 11:59 p m. Friday, September 18, 2009; payment of $1000 fne
shall be made within 30 days. JWF
08/72/1009 Violations before Council at a pubhc heanng on OS/19/2009. CAR
OS/74/2009 License notification sent to atld Entertainment A license to existing licenses, 62M/34EM, response date 10/02/2009. JWF
07/27/2009 License application to add Entertainment A license to existing licenses submitted, file given to CAR for review JWF
07/23/2009 CN 09753235 mdicates that patrons are permitted to enter withcut proof of inemhership and wrthout having ids checked or bemg wanded,
violation of condition #1 and # 11. CAR
07/10/2009 To CAO for adverse action based on numerous violations noted on OS/15, 06/23,24, and 25. DespRe meeting wRh the club leadership on
02/20/2009 following a shooting outside of the establishment and a discussion of our(SPPD, DSI) expectations for compliance and despite the club's
agreement to comply with new license conditions, egregious violations continue to take place. Recommenda4on is for a$2000 penalty and a 30 day
closure CAR
07/01/2009 CN09129270 (supplement written regarding 06/24/2009)indicates that patrons are not being wanded as required by license conditions, and that
the club is not checking to make sure that only members and bona fide guests are entering. Patrons are not required to sign guest log CAR
06/25/2009 CN09730119 entertainment provided without a license. CAR
06/24/2009 CN09129270 indicates that an exR that might be requved is blocked. Complaint sent to Fire Prevention. Also, video not avaiiable immediately
upon request, as required by hcense conddions. {Video was retrieved on 06127l2009 ) CAft
06/23/2009 CN09128599 indicates that dub is not wanding everyone as required by license conditions and that entertainment is being conducted wRhout a
license, despite the fact that the club has been told that an entertainment license is necesssary CAR
05/15/2009 CN09095658 Indicates condition violations. t) Customers are not wanded as they reenter (condrtion 71) 2) Purses not wanded (condi4on 11) 3)
Person at door believes club is open to the public(condition #1) CAR
05/0 V2009 Waming Notice sent from CAO for weapon mside of the bar on the mght of the shooting. GAR
04/02/2009 Copy of license with new conditions and letter from CAR sent. CAR
03/20/2009 Attucks Brooks has agreed to the proposed license conditions. There is no signed aHidavit - just a letter saymg they will comply. CAR
02/27/2009 Letter to Wiliie Woodson asking for additional license conditions which were discussed at our meeting of 02/20/2009 Asked for 03/13/2009
response CAR
02/02/2009 CN09020112 indicates that a homicide took place outside of the club, but that the weapon was inside (there could be other violations as well)
To CAO for weapons warning letter. All police reports to CAO. CAR
02/20/2009 Meeting with Attucks Brooks - Ernest Stevenson, bar manager, Willie Woodson, Commander, Clarence Dunkins bartender, and Regina
Walker, Rachel Tierney CAO. Kris Schweinler DSI, Ghristine Rozek DSI, Commander Luna SPPD, to talk about the homicide outside of the bar on
Ot/31/2009. We taiked about additional license conditions and possible weapons warning. Christine Rozek to send letter to American Legion with the
suggested conditions. DSI also recommended that the legion only permit a few people to have access to the side door and recommended that most
activity be in and out the front door. AttuCks Brooks wili also contact SPPD for suggestions on camera and lighting placement on the exterior of the
establishment. CAR
11/07/2006 Letter sent as the result of a police report. CN06214605. LIEP asked for copies of sign in book for the evening of 10/77l2006 to determine if the
victim in the report, who was drinking in the club, was indeed listed on the sign in pages. The victim had not signed in. The letter urges the club to be
wgilant with the sign in sheets to insure that everyone uses the sign in and that signatures are legible. Original sheets were retumed to the club with the
letter. CAR
72B/04 Signage on outside indicates members & guest oniy, have to have a key or be buzzed in. Vidw cam, in front and in parking Iot signage posted to
say premisis monitored. left card for mgr. to call KS
OSl05l2004 Letter from Ernest Sinkfiefd indicatmg that gwdelines will be met for guest book by Ofil�i/20�4. CAR
04/'15/2004 Letter from CAR indicating that guest book pages have been reviewed and need to be in more readable format Format requirements provided
to the club. Must respond to request for new format by 05/03/2004.
01/26/2004 Requested pages received. CAR
Ot/22/2004 Letter sent to Commander Sinkfield requesting guest book pages from 17/16 & N/17/2003 in response to CN 03246318 indicating that an
assault o4 a ctub patron took place inside of the club. This was the second request tor the pages. CAR
11/25/2003 Letter sent requesting pages of guest book from 11/16/2003-1'I/'17/2003 as a tollowup to CNO3246318 • assault inside the club CAR
09/16/2003 Letter sent to Cdr Barber regarding memorializing by condition, the Legion's newly adopted policy of maintaining the guest book on file for 6
months. Change made to Condition #t, added: Guests must register by signing a guest book when entering. Guest records must be kept for six (6)
months and will be made available to the inspector or police o�cer upon request.; Delete conditions #9 Keep out all non-members ; and #10 The licensee
shaff mstall or modi5y existing doors to ihe satisfaction o5 the license inspedor so as to control mgress and egress to the club per CAR cadcaa
08/26/2003 Letter sent to CAO from Club indicating that ali guest pages would be kept for 6 months effective 07/01/2003. Previously requesied pages were
destroyed after 30 days, per club. CAR
OS/20/2003 CNO3179021 received indicating that a fight took place that probably did not involve members. To CAO for review of inember log to determine
if ctub is allowing non members to enter. CAR
08/19720D3 Letter sent to Commander Barber requesting copies of log book proving Indlviduals involved in incident were bona fide guests CMK
06/16/2003 CAO requests membership list. Membership list was received.CAR
05l24/2003 CNO3101840 indicates an altercation at the establishment. To CAO for review and investigation of whether the combatants were Iegaily inside
ihe establishment as bona fide members. CAR
03/06/2003 Letter with Private Club definition under Chaoter 409 mailed.JL
09-1234
License Group Comments Text
Licensee: q77�CKS-BROOKS AMERICAN LEGION POST #606
�Bf+� ATTUCKS-BROOKS AMERICAN LEGION POST #606
License #: 0023519
09/30/2009
O7/28/2002 c�7,000 fine paid to Pubiic SafeTy. CMK.
0� /'17/2002 Letter from Public Safety indicating that alcohol has beer. ourchased at retail for resale. $1000 fne, given to OZ06l2002 to respond. CAR
OS/�3/1999 passed alcohol compiiance check; no "unofficial" warning-DL
07I7671996 Cig Code Added Frl ld #51830-Lap-Lic
07/24/1996 C.F. #96-89 App'd Imposing 18 Day Suspension Of Licenses Effective 02/14/1996-03/03/7996
09/27/1990 App'd 0.F. 90-1317
Formerly Held Private Club License Id18574
0713 V 5990 Ph On Appn For New On Sale Liquor-Club Lic Layed Over lndefnitely
License.Group Conditions Text
Licensee: qnUCKS-BROOKS AMERtCAN LEGION POST#606
�Ba ATTUCKS-BROOKS AMERICAN LEGION POST#606
License #: 0023579
09-1234
10/06/20D9
�. The only persons admitted into the licensed premises shall be members and their bonafide guests. Guests must register by signing a guest book when
entering. Guest records musi be kept for six (6) months and will be made available to the inspecior or police officer upon requesi.
2. The licensee will not serve alcohoiic beverages to any member under the age ot 2t, and will require ail guests of inembers to have identification of age
at all times while they are on the licensed premises.
3. The licensee will not serve or sell alcoholic bevereges to anyone under the age of 21, nor pertnii any person under the age of 27 to consume an
alcoholic beverage on the licensed premises.
4, No sale of alcohol will be made for consumption off the licensed premises.
5. No person shall be allowed to rarry any alcoholic beverage from the licensed premises.
6. The licensee and iis security personnei shalt not allow any persons to loiter in the vesitbule to the licensed premises, or on the adjacent property owned
by the licensee.
7. The licensee shall not install, and shall remove and/or take steps to request that the telephone company remove any telephones which are located
outside the licensed premises on the property of the Attucks Brooks American Legion Club.
8. The licensee and its securiTy personnel will take effective steps to provide security in the bathrooms for the purpose of preventing drug transactions and
for the purpose of providing safety for club members and guests.
ADDITIONAL CONDITIONS EFFECTIVE MARCH 20, 2009:
9. The licensee wlll provide and maintain working surveillance cameras and equipment to record activity on the premises both inside and out.
Tape/recordings will be maintained for a minimum of thirty (30) days, and there shall be an employee on staff at all times during business hours with the
ability to make them immediately available to the St. Paul Police Dept. (SPPD) and/or Dept. of Safery and Inspections (DSI) upon request.
10. EMerior lighting must be maintained and adequate to suppori the camera/security equipment.
11. Securiry personnel shall be assigned to each entrance starting ai 9PM and remain until all members and guests have left the licensed premises, which
includes the parking lots. Security personnel shall 'wand° (using a metal detector) each member and guest and check all handbags and packages carried
by each member and guest. Security personnel shall verify the age of guests by checking state or federally issued identification cards (fw picture I.D., no
entrance). Members and guests re-entering the establishment shall be subject to the same security measures as customers entering the establishment for
the first time. Securiry personnel shall be easily identifiable.
72. Between 9PM and closing security staff will patrol the parking lot and alley to monitor behavior that would disturb the neighbors.
13. Licensee will maintain a list of inembers and guests who have been banned from the establishment for assaultive, disorderly or disruptive behavior.
The list must contain the names and descriptions of the banned persons as well as the date they were advised they were banned. No persons who are on
the list shall be permitted to be in the establishment or remain on the grounds. This list will be made available upon request to the SPPD or DSI.
14. Maintain a list of alf security and employees with full names and DOB and make it available to SPPD immediately when requested.
15. Per City of Saint Paul Legislative Code 411.02, the definition of Entertainment A is, °Amplified or nonamplified music and/or singing by performers
without limitation as to number, and group singing participated in by patrons of ihe establishment.` (includes karaoke). Entertainment A license does not
allow for patron and/or performance dances.
09-1234
Address Licensee � Corrtact � License � Cardholder �
Licensee Name: T7UCKS-BROOKS AMERICAN LEGION POST #606-
DBA: 4TTUCKS-BROOICS Af�AERICAN LEGION POST #606
Sales Tax Id: ��
Fi[u3 t�ltsw
OFC
Canc�i
New Sea�h
Help
�
- ..
23�19.
�
�
Ai��rr 3'err,p Grp ;�ap� ���ip. A�d L�ceerrae `:, Prpperties _` :
;a�,...,. ..�. . . i
a-: . _:...., - . f. . �,., , ._ .. ..
ATTUCFtS-BROOKS jATTl1C1(5-BR001C5 AMERICAN LEGION Restaura�t (4) _ 51-150 Seats A
ATTLICKS-BROOKS ;ATTUCftS-BROOI{5 AMERICAN LEGION Liquar On Sale-Club 201-500 Mbrs - B R
__.._.__ ..________.._._._.,.....---°._______----.._.. ._
�; Restaura�t (B) - mare than 12 seats C
, _.___.._�.__—.__..__.___,__.__....___ _., .----
= CigaretteJfobacco C
__ . _ __ _. .__. __. . _.._----.,..__.___. __.. _..._ww__._._. _.,._...._.._-.-------. ..,._._
RTTUCKS BROOKS'ATTUCkS BROOKS AMERICAN LEGION Erhertammerh (A) P�
09-1234
U+tam
License � Licensee �: Lia Types � insurance
� Property
Street #:
Street Name:
Street Type:
Unit Ind:
City:
State:
Ward:
Dist Councii:
Licensee:
DBA:
` Sales Tax Id:
�' Licensee � Unofficial
Direction:
Unit #:
PAUL
Zip: _ 55104:
BYOVI+S4'
ICKS-BROOKS AMERICAN LEGION Pi
__..---.__.,_..._._.__,__.__...__.__.. ____,..__
Bus Phone: 651) 646-12p5
Licensee TTUCI(S-BR001(S AMERICAN LEGION POS'
DBA TTUCKS-BROOltS AMERICAN LEGION POS'
� Bond � Requirements �
r^roject Facilitator: ASUNCION, C�ftINNE T
Adverse Action CommeMs
�t�9J2��8 CF #07-967 - Change in license type from
�estaurar�t-B to Restaurant-4. LAB
License Group Commerrts:
9C30f2009 Ta CAO for adverse action based on
Na918a123 and repnrt of Sgt. Schoen. This is a
econd violation, $1000 penafty plus reinstatemer� af
he penalty suspended from the first violation which
ould.add_back,a,20.daV..suspension CAR _
Licensee ��� �
Commerrts:
:rdertaTnmerh (A) N ; d9M 4t"1009 ; 09 p]1 t2d10 i Y $78.00i
_ - . ..._._. w.. - -_ w_.._ w.w---- _. ._.
.iquor On Sala - Sunday N Ol/01 M 990 i 01 A)1 l2010 ; Y $2d�.a0'
__ _ _ _ _ -_ _ . .-:- ..._- - ..._ _, _. w..<
igarettelTobacco R ' 07101 M 990 = 01 A]1 11998 ; Y $317.00"
Lisanse #�
to History
ij�;
09-1234
t"+;am
Licensee TTLJCF4S-Bft001CS AMERICAN LEGION POS'
DBA TTUCKS-BROOICS AMERICP.N LEGION POS'
License Licensee � Lic. Types � Insurance � Bond �' Requiremer�s �
Licensee Name: TTUCKS-BROOKS AMERICAN LEGION POST #606
DBA: TTUCI{S-BROOKS AMERICAN LEGION POST #606
. ._ _..... . ... ._ _..
-
Sales Tax Id: IA ; Non-Profit: � Worker's Comp: ONOmO��
AA Cnntract Rec'd: OA]Or'�OOn -�,� Training Rec'd: 0�]OA7000
AA Pee Collected: ONOA]d00 Discourrt Rec'd: r
Other Aaenc�+ Licer
Courrty f Smoke-Free Restaurs
� ,. p�iSC
� Other 101p21200�001dDlOdOkATKII�S
: . `� �"i:;
, �I � , _ ,t ��..
Backgraund Check Required �`
cro�•r,�s�...
Proper[ies...
Financial Hold Reasons
Cicense # F�pir�tton � f�eason � �.ct�ve : � Ciate
Priwate Clud6f30f�0�6 i
_ ,. . .,. . ,.�,-. , � . � . Mail License To: —
ie ' ��; _F�t Nafne; ' , `ff€ie � � . : 8us Fhone:� ��� �;+, Mail Ta Corrtact
�REGINA 1 ST VICE COM(651) 646-1205i� �"' License Addres:
;COREY iFINANCIAL OF [ l - a
VICE COM ( ) -
G�tac3 Rrapertres ::.
Lie�n$� t# �23519 ; Save Changes to History
Msil Inuoice To: --
� Maii To Corttact
�' License Addres�
Ga�c�l ° � :
08/2612668 12'17 FAX 65128695T4
A.mended 8l19/09
Presented by
SAINT PAUL CITY CDUIJCT� 09-1234 � 002/004
Council F51e # �
Green Sheet #
RE�OLUTfON
AINT r�AUL, MINPtESOTA 3 �
�
1 WHEREAS, adverse action was taken against all lacenses held by Attucks-Brooks American
2 I,egion Post #666 d!b/a Attur.ks-Smoks American Legion Post #606 (License ID #KH123519) for the
3 preauses located at 976 Concordia Avenue in Saint Paul by Noace of Violation daced JuIy 15, 2009,
4 alleging that the licensee was cited for numerous license condition violatiotzs duzing visits by Saint Paul
5 Police on May 15, 2009; 7une 23, 2009; 7une Z4, 2009 and June 25, 2009; and
�
8
9
10
11
12
13
14
15
16
17
18
I9
20
21
22
a3
�
zs
26
27
WF�'.RLAS, per Sauat Paul Legislative Code §310.05(m) (1), the ]icensing office recommended a
$2,000.00 matrix penalty and a 30-day closure of tfie establishment; and
WHEREAS, this is a deviation form the penalYy ma[rix based upon the fact that the licensee has
committed numesous violations wiihin a very short period of time. These facts indicated that the licensee
has openly and intenaonally disregarded the license conditions; and
WI�RE.AS, licensee did respond to the Notice of Violation to request a public hearing which was
held on Augusc 19, 2009; and now, therefore, be it
• A!1■ - • ' ' . � . - /.
---- -- _.. - - - - -
�= - - - - - - ...
��, ��• - ��• - - �
- - • ... . . ....
�,-�T�?��.�55f1T �Ll,.tl7e?�cesLeC is cuf�LeCe� r^ �]rlya marL= P^�l nf R7� na nr n
* (See psge 2)
This resolution, and action taken above, is based upon facts contained in the July 15, 2009, Notice
af Violation sent to the licensee and the argumems made at the public heuing on August 19, 2009.
s .
• � ( �. .�! .....
�'--
��� � /.
•
Focm 9�ved by City A[tOmey
BY: I �-c�,�� rt�P�
Form pro by or for I
By: �
Council
By:
Adoption Cenificd by Cound Secretary
By � ! .
Approved by Maya Dnte
09/26/2009 12.1? FAY, 6512668574 SAINT PAUL CITV COUNCT' 09-1234 � 003!004
C,F. 09-897
Green 5heet 3073456
* RESOLVED, that the City Council orders a 30-day suspension of all licenses
followins conditions: licensee navs a fine of $1000, has a 10-dav suspension of all
licenses, and has no violations in those 18 months. 5aid suspension shall become
effective at 12:01 on Wednesdav Seotember 9. 2004 and last until 11:59 p,ixf. on
Fridav. Sentember 18. 2009. Payment of the fine shall be xnade within thirtv daYs
of the date of ado�tion of this resolution.
09-1234
CTTY OF SAINT PAUL
ChnstapherB. Coleman. Mayar
August 28, 2009
DEPARTMENT OFSAFECY AND INSPECT[ONS
Bob Kusler, Director
375Jacksan Sireet. Suite 210
Saint Pau{ Minnuo7a 55701-1806
NOTICE OF LICENSE SUSPENSION
AND IMPOSITION OF FINE
Regina Walker, l Vice Commander
Attucks-Brooks American Legion Post #606
976 Concordia Avenue
Saint Paul, M1V 55104
Dear Regina Walker:
Telephone: 65l-266-9090
Facsimde: 651-266-4124
Web: wwwstym�Lgov/dr:
�' `�' `E ° � ��
"-zc`� � 1 Ft.•`��
� ..i�� r �
Enclosed is a copy of City Council Resolution 04-897 which suspends the On Sale
Liquor Club and all supporting licenses issued to you by the City of Saint Paul for
thirty (30) days and imposes a$1,000.00 fine for the following:
Violation of license condations on the dates noted in Council File 09-897.
The suspension and fine was adopted by the Saint Paul C3ty Council in final written form
at the Council's regulaz meeting on August 19, 2004. However, riventy (20) days of the
suspension shall be stayed for a period of eighteen (18) months on the condition that
there 6e no further violations within this period and a$1,000.00 fine is paid.
The effect of this notice is that no business operations shall be permitted for ten (10) days
beginning at 12:01 am. on Wednesday, September 9, 2009 through ll:59 p.m. on Friday,
September 18, 2009. In addirion, a fine in the amount of $1,000.00 is due no later than
close of business (4:30 p.m.) on Friday, September 18, 2009.
This is a serious matter that demands your adherence. Absolutely no liquor or food sales
or service shall be permitted or conducted at 976 Concordia Avenue during the suspension
period. Please contact me at 651 266-9108 if you have any questions regarding this matter.
Sincerely,
\.J�' � �
Christine A. Rozek
Deputy Director
CARllab : enclosure
cc: Western District Commander-SPPD
Bob Kessler, Director-DSI
3ulie Kraus, Legal Assistant
Kris Schweinler, Senior License Inspector
09-1234
Saint Paul Police Departmen Pa9e '
ORIGINAL OFFENSE / INCIDENT REPORT
Complamt Num6er Reference CN Date and Time of Report
09180123 08/23/2009 23:33:00
Pnmary offense:
INVESTIGATE-AND ALL OTHER
PnmaryReporLng�cer. MCn2ill, MiCha81 Nameoflocation/business:
Pnmarysquad. �gq [oca6onofincident: CHATSWORTH ST N& CONCORDIA
Secondaryreportir,goKcer: ST PAUL, MN 55104
appro�er. Cleveland, Kent
District: Western Date & time of occunence: 08/23/2009 23:05:00 to
Site: 08i23i2009 23:05:00
Anest made:
Secondary offense:
Police O�cerASSaulted or Injured: Police O�ce�Assisted Surcide:
Crime Scene Processed:
OFFENSE DETAILS
INVESTfGATE-AND AlL OTtiE12
Attempt Only.� Appears to be Ga�g Refated:
NAMES
Complainant
Nicknames or Aliases
Nick Name.
Alias:
AKA First Name:
DeWils
Sex:
Phones -
Home:
Work:
Emp loy m ent
Occupation:
Roger
ST PAUL, MN
AKA Last Name �
Race: DOB:
Hispanic: Age: from to
Cell: Contact:
Fax: Page�:
Employer.
Resident Status:
SP954DESC260D3D
09-1234 page Z of 3
Saint Paul Police Departmer
ORtGINAL OFFENSE / INCIDENT REPORT
Complaint Number Reference CN Date and Tme of Report
09180123 08/23/2009 23:33:00
Pnmary offense.
INVESTIGATE-AND ALL OTHER
ldentificafion
SSN. License or ID#� License State:
SUSp¢Ct
UNKNOWN
Nicknames o A� ias e s
Nick Name.
Alias:
AKA First Name:
Details
Sex:
Phon
Home:
Work.
Employme
Occupation:
IdentiF
SSN:
AKA Last Name:
Race: DOB:
Hispanic: Age: from to
Cell: Contact:
Fax: Pager.
Employer.
License or ID#:
Resitlent SYatus:
License State:
Physical Descriptio
US: Metnc:
Height: to Build: HairLengih: HairColor.
Weight: to Skin: FacialHair. HairType:
Teeth: Eye Co/or. B/ood Type:
Offende� Inior mation
Ar2sted:
DUI:
Contlition.
Taken to health care facility:
Violated Rest2ining Order
Pursuit engaged:
Resistance encounte2d:
Medical release obtained:
SP954DESC260D3D
09-1234
Saint Pau{ Police Departmen P 3 of3
ORIGINAL OFFENSE / INCfDENT REPORT
Complaint Number Reference CN Date and Time of Report
09180123
Pnmary of/ense:
INVESTIGATE-AND ALL OTHER
08/23/2009 23:33:00
SOLVABILITY FACTORS
Suspect can be identified:
Photos Taken:
Evidence 7urned In.
Related Incident
By:
Stolen PropeRy Traceab/e.
Pioperty Tumed !n:
Lab
Brological Analysis: Fingerpnnts Taken:
Narcotic Analysis:
Lab Comments:
/tems Fingerprinted:
Participants:
Person Type: Name:
Complainant Roger
Suspect
Address:
Phone:
ST PAUL, MN
NARRATIVE
On 08-23-2009, at 2305 hrs., Sqd 164 McNeill was sent to Concordia and Chatsworth on a disturbance that
was taking place at the Legion Bar.
I arrived on scene and was met by the security guard, Roger, who told me there was a argument between hvo
groups in the bar. He said the problem group left the property before we arrived.
While we weee checking the bar, we noticed there was no o�e at the front door checkin� ID's or wanding the
customers as they entered.
PUBLIC NARRATIVE
On 08-23-2009, at 2305 hrs., Sqd was sent to Concordia and Chatsworth on a disturbance. No arrest made.
SP954DE5GZ60D3D
09-1234
DEPARTMENT OF SAFETY AA'D INSPECTIONS
Bob Kessler, D+rector
CI�' �F SA�T pAUL 375Jackson Streer, Suue 220 Telephone 651-266-8989
Christopher B. Co[eman, Mayar Samt Pau(, .Ylmnesora Si/0/-1806 Facsrmde 651-266-9124
Web �vlvw StDaLI ?OV/llSl
�8�24�ZQ09
Willie Woodson, Commander
Attucks Brooks American Legion
976 Concordia
St. Paul, MN SS1Q4
Re: Video Request for 08f23l2009 CN09180123
Deaz Commander Woodson;
The Department of Safety and Inspections has received a police report describing an incident
on 08/23/2009 at the Legion. The security guard, Roger, indicated that an argument broke out
between two groups at the Legion, but that the dispute had ended by the time police had
arrived.
In accordance with the conditions that have been placed on your license, I am requesting a
copy of the video from all of your surveillance cameras for the hours 10:00PM to 1130 PM
for the evening of August 23, 2009. Your video must be submitted to the DSI office at 375
Jackson by close of business on Monday, August 31, 2009.
If you have any questions regarding this request, I can be reached at 651-266-9108.
Sincerely,
Christine A. Rozek
Deputy Director
An Equal Oppoftunity Employer
(9/30/ Christine R ozek - Attuc Brooks video
From: Dave Schcen
To: Rozek, Chrtstine
Date: 9/16/2009 1:16 PM
Subject: Attucks Brooks video
Christine,
---- D�1234 — — - — Page 1
I viewed the i 1,�2 :�uur video from Attucks Brooks, 976 Conmrdia, dated 8/23/09 from 2200 - 2330 hrs.
The video beglns with a group of 4 BjM's standing in the fobby conversing, the view of the camera shows the 6ont entrance ar�d
several other docrs, one appears to be the Men's room and the camera appears to be mounted at the bar's main entrance as
everyone who is cominy or going, passes underneath the camera. Two of the men pictured appear to be employees, one is
definitely the Coor man as he stands behind the podium at the entrance numerous times throughout the video, this is where the
patrons are suppose to sign in upon entering the establishment.
The door man was a B/M, 30's, bald or shaved head, wearing a black T-shirt, white shorts, & sandals.
-At 2200 hrs. as the 4 men are conversing in the lobby, a couple (man/woman) enters and walks by the sign in as well as past the
men conversing.
-At Z202 hrs. another couple walk in w/o signing and several people are leawng.
-At 2203 hrs. 3 females and 1 male enter and all 4 sign the register.
-At 2212 hrs. 1 male enters and the door man is not in view the camera, the door is u�atteoded aod tne patron does not sign m.
-At 2214 hrs. 6 patrons enter, all 5ign in, but again the door is unattended.
-At 2216 hrs. the door man returns, it appears he had gotten 5omething to eat.
-At 2219 hrs. while the door man was at his post, 4 females enter w/o signing in.
-At 2256 hrs. the door man appears to frantically summon some people from inside the bar and hvo big males, one of which was in
the beginning of the video, all hurry outside and appear occupied by something happening to the west of the front entrance.
-At 2308 hrs. at lest 3 police o�cers arrive, 2 go inside fora few minutes and then they ali depart by 2310 hrs. RMS shows a call to
assist a citizen at 2346 hrs which was "advised". (Likely the camera times were off.)
Through out the video in addition to the above noted times of people coming and going, there were at lest 14 additional patrons
that entered w{o signin9 in, and at lest 8 that did sign in. There was afmost aiways 5 or more people outslde smokingJtalk�ng
through out the video, it was very busy, lots of patrons coming and going. No one in the video was wanded or checked for
weapons.
Sgt. Dave Schoen
St. Paul Police Dept.
Vice Unit j DSI Liaison
375 Jackson, Suite 220
St. Paul, MN 55101-1002
651-266-9065
09-1234
SAINT
PAUL
�
AlIAN
C1TY QF SAINT PAUL
ChAstophe�8. Coleman, Mayor
OFFTCE OF TI� CITY ATTORNEY
John J. Choi, City Attomey
Telephone: 657 2668770
Facsimile: 651238-5619
October 6, 2004
NOTICE OF VIOLATION
Willie Woodson, Commander
Attucks-Brooks American I,egion Post #606
976 Concordia Avenue
St. Paul, MN 55104
Civil Divisron
400 City Hall
15 West Kellogg Blvd.
Saint Paul, Mmnesota 55702
RE: All licenses held by Attucks-Brooks American Legion Post #606 d16Ja Attucks-Brooks American Legion
Post #606 for the premises located at 976 Concordia Avenue in Saint Paul
License ID #:0023519
Dear Mr. Woodson:
The DeparUnent of Safety and Inspec6ons (DSI) will recommend adverse action against the all licenses
held by Atmcks-Brooks American Legion Post #b06 dlb/a Attucks-Brooks American Legion Post #606 for the
premises located at 976 Concordia Avenue in Saint Paul. The basis for the recommendation is as follows:
On August 23, 2009, at approltimately 11:00 p,m., SS» Faul police came to your
establishment on a disturbance cail (CN #09-180-123). When police arrived, they spoke
with one of your security guards who told them that there was an argument between two
groups in the bar and one of the groups had left before police arrived. While police were
there, they noticed no one at the front door checking ID's or wanding patrons as they
entered,
Based on this information, on August 2d, 2009, you were sent a letter from DSI requesting a
videotape €rom all your surveillance cameras for the hours of 10:00 PM TO 11:30 PM on
August 23, 2009. You were asked to submit the videotape by close of business on August
31, 2�09.
The videotape was reviewed by a St. Paui Police Sergeant, and it was determined that
between 10:00 PM and 11:30 PM the night of August 23, 2009, the front door was
unattended at times and numerous patrons were able to enter the Legion without their ID's
being checked, signing in or being wanded. These are violations of license condition #1
which states: ".....Guests must registsr by signing a guest book when entering..."and license
condition #11 which states: "Security personnel shall be assigned to each entrance starting at
9PM and remain until aI1 members and guest have left the license premises, which includes
the parking Zots. Security personnel sha11 "wand" (using a metal detecdor) each member ¢nd
guest and check all handbags ¢nd package c¢rried by each member and guest. Securiry
personnel shal[ verify the ¢ge ofguest by checking state or federally issued idenhficaKon cards
(no picture ID, no entrance)."
09-1234
Attucks-Brooks American Legion Post #606
October 6, 2009
Page 2
Due to the fact that this is the second violaUOn to your license conditions within eighteen (18) months, the
licensing office will recommend a$1,000.00 matrix penalty plus imposirion of the twenty (20) day closure of your
establishment stayed by City Council on August 19, 2009 (CF #05-897).
At this dme, you have two options on how to proceed:
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 admitung the facts and requesting a public
hearing. We will need to receive your letter by Friday, October 16, 2009. The matter will then be
scheduled before the City Council for a public hearing to determine whether to impose the $1,000.00
matrix penalty and twenty (20) day closure of your establishment. You will have an opportunity to appeaz
before the Council and malce 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 appear and present witnesses, evidence and cross-examine
each other s witnesses. The St. Paul City Council will ul6mately decide the case. If this is your choice,
please advise me no later than Friday, October 16, 2009, and I wili take the necessary steps to schedule
the administrauve hearing.
If you have not contacted me by that date, I wilt assume that you are not contesting imposition of
the $1,000 matrix penalty and the twenty (20) day closure of your establishment. In that case, the matter
will be placed on the City Council Consent Agenda for approval of the recommended penalty.
If you have questions about these options, please fee] free to contact me at 266-8710.
Sincerely,
`-� � �
Rachel Tierney/Virginia D. almer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of DSI
Mr. Willie Woodson, 389 St. Anthony Avenue, Unit #303, St. Paul, MN 55103
Irna Landrum, Exec. Director, Summit-University Planning Council, 627 Selby Avenue
St. Paul, MN 55104-6615
STATE OF MINNESOT "'
i ss.
COUNTY OF RAMSEY )
09-1234
AFFIAAVIT OF SE,. �ICE BY U.S. MAIL
3a
Julie Kraus, being first duly swom, deposes and says thai on the �1 day of
October, she served the attached NOTICE OF VIOLATION by placing a true and conect copy
thereof in an envelope addressed as follows:
Willie Woodson, Commander
Attucks-Brooks American Legion Post #606
976 Concordia Avenue
St. Paul, MN 55104
Mr. Willie Woodson
389 St. Anthony Avenue, Unit #303
St. Paul, MN 55103
Irna Landrum, Exec. Director
Summit-University Planning Councii
627 Selby Avenue
St. Paul, MN 55104-6615
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
" Y °
Juli aus
Subscribed and swom to before me
this�day of October, 2009
� ///l . m��'� �
Notary Public
� RRA M. BOSSARO
IDTARY PUBLIC • MPkJESOTA
�/Y COGIMSSION
EXPMtE3 JAN. 31. 2 0 7 0
09-1234
Attucks-Brooks American Legion Post 606
976 Concordia Avenue
St. Paul, Minnesota 55104
October 15, 2009
City of St. Paul
Office of the City Attorney
400 City Hall & Court House
15 W. Kellogg Boulevard
St. Paul, Minnesota 55102
RE: Notice of Violation Response
Dear Rachel Tiemey/Virgnua D. Palmer;
� ; - .,_ �'Y/��
��� 1 4 o�Qt
c `�` ;;, �W�� . ��,-
�i e'•,�� �
This is a follow-up letter regazding the Norice of Violation sent on October 6, 2QQ9 to
this premises. The Department of Safety and Inspection (DSI) will recommend adverse
action against al] licenses held by Attucks-Brooks American Legion Post 606.
Due to the fact that this is the second violation to our license condifion, a
recommendation has been imposed of twenty (20) days closure and fine of $1,000.00
which was stayed by the City Council on August 19, 2004.
At this time, we wish to admit to the facts, but contest the penalty and request a public
hearing before the St. Paul City Council. We are requesting a public hearing and
would like an apportunity to make a statement on our own beha[f.
We will hand-deliver this response to the DSI office attention: Christine Rozek, Deputy
Director to ensure that we respond in a timely manner no later than Friday, October 16,
2009 per the request of the letter dated October 6, 2009.
Sincerely,
� , I� V�� C����
The xe 6ve Board ofDirectors:
Willie E. Woodson, Commander
Regina Walker, l Vice Commander
Jerry Sullivan, 2" Vice Commander
Corey Golden, Financial Officer
Larry Neal, Sgt. At Arms
7ohnny Cotton, Historian
Ronald Johnson, Chaplain
09-1234
Chapter 310. Uniform Licen: �rocedures Page 1 of 3
(m) Presumptive penalties for certain violations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, the length of Vicense
suspensions and the propriety of revocations, and shall apply to all license types, except that in
the case of a violation involving a liquor license § 40926 shall apply where a specific violation is
fisted. In the case of an adverse action filed for a violation of chapter 331A, the licensee shall be
given a fine for each individual violation of § 331A. The total fine amount for violations of § 331A
may ex�eed the maximum fine outfined below due to multiple violations in one (1) appearance.
All penalty recommendations for chapter 331A violations shall be based on the food penalty
guideline referred to in chapter 331F�. These penalties are presumed to be appropriate for every
case; however the council may dev ate therefrom in an individual case where the council flnds
and determines that there exist substantial and compelling reasons making it more appropriate
to do so. When deviating from these standards, the council shall provide written reasons that
specify why the penalty sefected was more appropriate.
TABLE INSET_
Type of Violation Appearance
1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $2,0�0.00 fine Revocation
placed on the license fine and 10-day
suspension
(2) Violation of provisions of $2,000.00 fine
the legislative code relating $500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity fine suspension
(3} Violation of provisions of
the legislative code reiating $2,000.00 fine
to the licensed activity, �500.00 fine $1,000.00 and 10-day Revocation
other than violations of the fine suspension
food code
(4) Failure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension
DSI inspector or police suspension
(5) Commission of a crime
other ihan a felony on the 5-day Revocation
premises by a licensee or $�00.00 $1,500.00 suspension
employee
(6) Commission ofi a fe�ony
on the premises by a $2,000.00 Revocation n/a n!a
licensee or employee
(7) Death or great bodily 30-day 60-day
harm in estabfishment suspension suspension Revocation n/a
related to violation of law or
iicense conditions
(8) Failure to pay license Revocation
fees
(9) Critical violations under $1,000.00, 5- Revocation
331A $250.60 $500.00 day
suspension
(10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under 331A
(i) Fines payable without hearing .
09-1234
Chapter 310. Uniform Licens 'rocedures Page 2 of 3
A. Notwithstanding the provisions of section 310.�5(c), a licensee who would be
making a first or second appearance before the council may elect to pay the fine
to the Department of Safety and Inspections without a council hearing, unless the
notice of violation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fine amount.
Payment of the recommended fine will be considered to be a waiver of the
hearing to which the licens��e is entitled, and wiif be considered an "appearance"
for the purpose of determining presumptive penalties for subsequent violations.
S. For adverse action initiated under Ch�pter 331A of this Code, a fine may be
paid without a hearing regardless of how many prior appearances that licensee
has made before the Council. The above council hearing requirement applies to
violations under Chapter 331A unless the fine recommended by the Department
of Safety and Inspections is equal fo or less than the fine amount outlined in the
above matrix. Payment of the recommended fine will be considered to be a
waiver of the hearing to which the licensee is entitled, and will be considered an
"appearance" for the purpose of determining presumptive penalties for
subsequent violations. A non-critical violation under chapter 331A shall not be
considered an "appearance" for purposes of determining presumptive penalties
for non-331A violations. A council hearing is required if the Department of Safety
and Inspections 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 upon all the violations that have been alleged and/or
incorporated in the notices sent to the 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 "1st Appearance" column in
paragraph (b) above. The occurrence of multiple violations shail be grounds for
departure from such penaities in the council's discretion.
(iii) Vrolations occurring after the date of fhe notice of hearing. 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 stipulation if the licensee
admits to the facts, and shali in that case be treated as though part of the "1st
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 council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
council by a particular licensee, the council shall impose the presumptive penalty for the
violation or viofations giving rise to the subsequent appearance without regard to the
particular viofation or violations that were the subject of the first or prior appearance.
However, non-critical violations of Chapter 331A shall not be counted as an
"appearance" before the Council in relation to any violation other than another violation
of Chapter 331A.
(v) Compufafion of time.
(1) If a ficensee appears before the councii for any violation in paragraph (m)
where that violation has occurred within tv✓elve (12) calendar mo�ths after the
first appearance of the same licensee for a vio�ation listed in paragraph (m)
above or section 409.28, the current appearance shall be treated as a second
appearance for the purpose of determining the presumptive penafty.
(2) ff a licensee has appeared before the council on two (2) previous occasions
09-1234
Chapter 3] 0, Unifonn Licen� �rocedures Page 3 of 3
for violations listed in paragraph (m) or section 40926, and if said licensee again
appears before the council for a violation listed in paragraph (m), and if the
current violation occurs within eighteen (18) calendar months of the violation that
gave rise to the first appearance before the council, then the current appearance
shall be treated as a third appearance for the purpose of determining
presumptive penalty.
(3) ff a licensee has appeared before the council on three (3) previous
occasions, each for violations listed in paragraph (m) or section 409.26 and if
said licensee again appears before the council for a violation contained in
paragraph (m), and if the current violation occurred wittiin twenty-four (24)
calendar months of the violation that gave rise to the first appearance, then the
current appearance shall be treated as a fourth appearance for the purpose of
determining the presumptive penalty.
{4) Any appearance not covered by subsections (1), (2) or {3) above shall be
treated as a first appearance. In case of multiple violations in any appearance,
the date to be used to measure whether twelve (12), eighteen (18), or twenty-four
(24) months have elapsed shall be the date of the violation last in time at the first
appearance, and the date of the violation frrst in time at any subsequent
appearance.
(5) Notwithstanding subsections (iv}(1), (2), (3) or (4) above, a second
appearance before the council regarding a death or great bodily harm in a
licensed establishment that is related to a violation of the law or license
conditions shall be counted as a second appearance, regardless of how much
time has passed since the first appearance if the first appearance was also
regarding a death or great bodily harm in a licensed establishment. A third
appearance for the same shall be counted as a third appearance 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, 6-13-89; Ord. No. 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, 10-19-94; C.F. No. 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. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. 07-
1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08)