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09-897Amended 8/�9/09 RESOLUTION Presented Council File # � � Green Sheet # �� �� AINT PAUL, MINNESOTA �- �D 1 WHEREAS, adverse action was taken against all licenses held by Attucks-Brooks American 2 Legion Post #606 d/b/a Attucks-Brooks American Legion Post #606 (License ID#0023519) for the 3 premises located at 976 Concordia Avenue in Saint Paul by Notice of Violation dated July 15, 2009, 4 alleging that the licensee was cited for numerous license condition violations during visits by Saint Paul 5 Police on May 15, 2009; June 23, 2009; June 24, 2009 and June 25, 2009; and 6 7 WHEREAS, per Saint Paul I.egislative Code §310.05(m) (1), the licensing office recommended a 8$2,000.00 matrix penalty and a 30-day closure of the establishment; and 9 10 WHEREAS, this is a deviation form the penalty matrix based upon the fact that the licensee has 11 committed numerous violations within a very short period of time. These facts indicated that the licensee 12 has openly and intentionally disregarded the license conditions; and 13 14 WHEREAS, licensee did respond to the Notice of Violation to request a public hearing which was 15 held on August 19, 2009; and now, therefore, be it 16 17 18 19 20 21 22 23 24 25 26 27 Stark !� _!!� '4L�'' � - � - � � . � � . - . ���', , �--li �.c.'.�_ _ � . �. ,�! �. �.e �--, � =-=!', ' �i._ . i • � Form By: . �_. - - - - •. �..i. - �. .�. _ - --- - . . � - - , ,. �� ��. ��.- , ��. - - ��� - - - � - - - - � ... . • ��. - - ?��3�S�.b1�.�-.].jL2i1�C lS C1TC�fI2d tn �V a matrix Pn nalty nf �� (1(1(1 (1(1 Pa�menT �f .nl... ..n14 r cl.nll l.o ..�.n.io ...:rl.:., ti.:�t.. ,7..... ,.F tl... ,]..F.. ,.ffi.,. ,.a....f:,.,.v.F��-:_ _ _t__`"„_. --��,: * (See page 2) This resolution, and action taken above, is based upon facts contained in the July 15, 2009, Notice of Violation sent to the licensee and the arguments made at the public hearing on August 19, 2009. Adopted by Council: Da[e Adoption Certified by Counc��Secretary For BY� /� i S ir_J . By: Approv ID awo Date � � � By: by City Attorney by Council C.F.09-897 Green Sheet 3073456 RESOLVED, that the City Council orders a 30-day suspension of all licenses held by Attucks-Brooks American Le�ion Post #606 d/b/a Attucks-Brooks American Leeion Post #606, but suspends the �enalty for 18 months on the foilowing conditions: licensee pays a fine of $1000, has a 10-day sus�ension of all licenses, and has no violations in those 18 months. Said suspension shall become effective at 12:01 on Wednesday, September 9, 2009 and last until 11:59p.m. on Fridav. September 18, 2009. Payment of the fine shall be made within thirt�da� of the date of adontion of this resolution. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ���� JeparhnentlOffice/Councif: Date Initiated: s , _°ePt.°fsaferi���Pe�o� I 29 Green Sheet NO: 3073456 Contact Person & Phone: Rachel Tiemey 266-8710 Must Be on Council .gen 19-AUG-09 F �, Doc. Type: RESOLUTION � � � Assign (Date): Number For Routing Order E-Document Required: Y Document Contact: Julie Kraus Contad Phone: 2668776 0 1 2 3 4 5 � � ToWI # of Sig P ages _(Clip All Loc fo Signature) Action Requested: Approval of the attached resolution to take adverse acfion against alllicenses 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. Recommendations: Approve (Aa or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Co�tracts Must Answer the Fotfowing Questions: 1. Has lhis persoNfirtn ever worked under a contract for this department? Yes No 2. Has this person/Krm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any cunent ciTy employee? Yes No F�cplain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was cited for numerous license condition violafions by St. Paul Police during visits on May I5, 2009; June 23, 2009; June 24, 2009 and June 25, 2009. After notification, licensee requested a public hearing. AdvanWges If Approved: 30-day closute of establishment and imposirion of $2,000.00 matrix penaky. Disadvantages If Approved: DisadvanWges If Not Approved: Total Amount of Transaction: Funding Source: Financiai Information: (Explain) CosURevenue Budgeted: Activity Number: July 29, 2009 10:59 AM page 1 I' : � Sw[NT PAUL � Al1AA CITY OF SA►NT PAUL ChnslopherB. Coleman, Mayor OFFICE OF THE CITY ATTORNEY John Choi, Ciry Attomey Telephone: 657 266-8770 Facsimile: 651 298-56 7 9 July 30, 2009 Civil D�vision 400 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 NOTICE OF COUNCIL HEARING Regina Walker Is` Vice Commander Atmcks-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 Attucks-Brooks American L,egion Post #606 for the premises located at 976 Concordia Avenue in Saint Paul License ID #: 0023519 Dear Ms. Walker: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, August 19, 2009, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter conceming the fact that on several occasions between May I5, 2009 and June 25, 2009, your establishment has been cited for numerous license condition violations during visits by Saint Paul Police. 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 L,egislative Code §310.05 (m) (1), the licensing office will recommend a$2,000.00 matrix penalty and a 30-day closure of your establishment. If there is anv information vou would like Citv Council to review orior to the nublic hearin¢ I will need to receive it no later than Fridav. August 9, 2009. Very truly yours, I �`' - ,����� Rachel Tiemey Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI ✓Mary Erickson, Council Secretary Mr. Willie Woodson, 389 St. Anthony Avenue, Unit #303, St. Paul, MN 55103 Ima Landrum, Exec. Director, Summit-University Planning Council, 627 Selby Avenue, St. Paul, MN 55104 09-897 STATE OF MINNESOTA) ) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL COUNTY OF RAMSEY ) Julie Kraus, being first duly swom, deposes and says that on the � 4 �� day of 7uly, she served the attached NOTICE OF COUNCIL HEARING by piacing a true and correct copy thereof in an envelope addressed as follows: Regina Walker 1 Vice 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 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 mall at St. Paul, Minnesota. >. ' i � �J � �� , Jul Kraus Subscribed and swom to before me this SC��" day of July, 2009 � �-. �/ ' �- ���.� Notary Public t �� �,�:�z:..: �,�„�, .� ���"`�� �usan ;.4arie Janisch-Wamer �'�, � 'S7�ARYPUBLt�. 7.� �' ?fy C �SIMNESOTA ' tip..,- :'_•., ONtPJ , . ,.^"�, 's�';RES.IRN.3t�2C92 �.... „-.�,�.. J' :' Licensee Name: Address: Council Date: UNCONTESTED LICENSE MATTER Attucks-Brooks American Legion Post #606 976 Concordia Avenue St. Paul, MN 55104 Wednesday, August 19, 2009@ 5:30 p.m. Violation: Licensee was cited for numerous license condition violations during several visits by Saint Paul Police during May and June of 2009. Dates of Violation: May 15, 2009; June 23, 2009; June 24, 2009 and June 25, 2009. Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: $2,000.00 matrix penalty and a 30-day closure of establishment Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens dated 7113J09 3. Police CN #09-095-658 dated 5/15/09 4. Police CN #09-128-599 dated 6/23/09 5. Police CN #09-129-270 dated 6/24/09 6. Supplemental Police CN #09-129-270 dated 6/24/09 7. Police CN #09-130-119 dated 6/25/�9 8. Notice of Violation and Af�davit of Service dated 7/15/09 9. Letter from licensee requesting a public hearing dated 7126/09 10. Saint Paul Legislative Code §310.05 (m) (1) License Group Comments Text Licensee: q77UCKS-BROOKS AMERICAN LEGION POST #606 �BA� ATTUCKS-BROOKS AMERICAN LEGION POST #606 License #: 0023519 09-897 osioaizooe 0727/2009 License application to add Entertainment A license to existing licenses submitted, file given to CAR for review. JWF 07!'f 012009 To CAO for adverse action based on numerous viofations noted on O5/'f 5, O6/23,24, and 25. Despite meeting with ihe club teadership on 02/20l2009 following a shooting outside of the estabiishment and a discussion of our(SPPD, DSI) expectations for compiiance and despite the club's agreement to comply with new license conddions, egregious violations continue to take place. Recommendation is for a 52000 penalTy and a 30 day closure. CAR 07/Ot/2009 CN09129270 (supplement wntten 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 CN09130119 entertainment provided without a license. CAR 06/24/2009 CN09129270 indicates that an exit that might be required is blocked. Complaint sent to Flre Preventlon. Also, video not avaiiabte immediately upon request, as required by license conditions. (Video was retrieved on 06/27/2009.) CAR 06/23/2009 CN09128599 indicates that ciub is not wanding everyone as required by license conditions and that entertainment is being conducted without a license, despite the fact that the club has been told that an entertainment license is necesssary. CAR O5/15/2009 CN090956581ndicates condition violations. 1) Customers are not wanded as they reenter (condition 11) 2) Purses not wanded (condition 71) 3) Person at door believes club is open to the public(condition #1). CAR OS/01 /2009 Waming Notice sent from CAO for weapon mside of the bar on the night of the shooting. CAR OA702/2009 Copy ofi license with new conditions and Ietter from CAR sent CAR 03/20/2009 Attucks Brooks has agreed to the proposed license conditions. There is no signed affidavit - just a letter saying they will comply CAR 02/27/2009 Letter to W Ilie 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 �Sl, Christine Rozek DSI, Gommander Luna SPPD, to ialk about the homicide outside of the bar on 01/31/2009. We talked 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 actiwty be in and out the front door Attucks Brooks wilt also contact SPPD for suggestions on camera and lighting placement on the exterior of the establishment. CAR 17/07/2006 Letter sent as the result of a police report. CN06214605 LIEP asked for copies of sign in book for the evening of 10/17/2006 to determine if the victim in the report, who was drinking in the Gub, was indeed listed on the sign in pages. The victim hatl not signed in. The letter urges the club to be vigilant with the sign in sheets to insure that everyone uses the sign in and that signatures are Iegible. Origlnal sheets were returned to the ciub with the lettec CAR 12/8/04 Signage on outside indicates members & guest only, have to have a key or be buzzed in. Vidio cam, in front and in parking lot signage posted to say premisis monitored. left card for mgr. to call KS O5/05/2004 Letter from Ernest Sinkfield indicating that guitlelines will be met for guest book by 06/01/2004. CAR 04l15/2004 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 11/16 & 11/77/2003 in response to CN 03246318 indicating that an assault of a club patron took place inside of the club. This was the second request for the pages CAR 11l25l2003 Letter sent requesting pages of guest book from 11l16l2003-1111712003 as a followup to CNO3246318 - assault i�side the club. CAR 09/16/2003 Letter sent to Cdr Barber regarding memorializing by condition, the Legion's newiy adopted policy of maintaining the guest book on file for 6 months. Change made to Condition #1, added: Guests must register by signing a guest book when entering Guest records must be kept for six (6) months and wili be made available to the inspector or police officer upon request., Delete conditions #9 Keep out all non-members ; and #10 The licensee shall install or modify existing doors to the satisfaction of the license inspector so as to controi ingress and egress to the club. per CAR, car/caa 08/26/2003 Letter sent to CAO from Club indicating that all guest pages would be kept for 6 months effective 07/01/2003. Previously requested pages were destroyed after 30 days, per Gub. CAR 08l20/2003 CNO3179021 received indicating that a fight took place ihat psobably did not involve members To CAO tor seview of inember log to determi�e if club is ailowing non members to enter. CAR 08/7 9/2003 Letter sent to Commander Barber requesting copies of log book proving individuals involved in incident were bona fide guests. CMK 06/16/2003 CAO requests membership list. Membership list was received.CAR 05/24/2003 CNO3101840 indicates an altercation at the establishment. To CAO for review and investigation of whether the combatants were legally inside the establishment as bona fde members. CAR 03/06/2003 Letter with Private Ciub definition under Chapter 409 mailed JL Ot/28/2002 $1,000 fine paid to Public Safety. CMK. 01l17/2002 Letter from Public Safety indicating that alcohol has been purchased at retail for resale $1000 fine, given to 02l06/2002 to respond. CAR 05/13/1999 passed alcohol compliance check, no "unofficial" warning-DL 07/16/7996 Cig Code Added Fr/ Itl #51830-Lap-Lic 01/24/1996 C.F. #96-89 App'd Imposing 18 Day Suspension Of Licenses Effective 02/74/1996-03/03/1996 09/27/1990 App'd C.F. 90-1311 Formerly Held Private Club License Id18574 07131f'1990 Ph On Appn For New On Sa1e Liquof-Cfub LiC Layetl Over Indefinitely 09-897 licerrse Group Conditions Text Licensee: A77UCK5-BROOKS AMERICAN LEGION POST #606 �BA� ATTUCKS-BROOKS AMERICAN LEGION POST R606 License #: 0023579 07f13/2009 1. The ony persons admitted into fhe iice� premises shall be members and their bonafide guests. Guests must register by signing a guest book when entering. Gvest 2cords must be kept for sa (6) months and will be made available to the inspector or pol�ce ofiicer upon request 2. The licensee will not serve aicoholic beverages to any member under the age of 21, and will requi2 all guests of inembers to have idenfifiption of age at ail times while they are on the licensetl premises. 3. The licensee will not serve or sell alcoholic beverages to anyone under the age of 21, nor pertnit any person under the age of 21 to consume an alcoholic beverage on the 6censed premises. 4. No sale of alcohol witl be made tor consumption off the licensed premises. 5. No person shall be aibwed to qrry any alcoholic beverage from the licensed premises. fi. Tfie licensce and its securiry person�l shall not altow any persans to toRer in the vesitbule to the lieensed premises, or on ihe adjaceM property ovmed by the licensee. 7. The licensee shait noi install, a�d shail remove and/ortake steps to request that the telephone company remove any telephones which are located outside the I'�censed premises on the property of the Attudcs Brooks Ameripn 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 guesfs. ADDITIONAL CON�RIONS EFFECTIVE MARCH 20, 2009: 9. The licensee will provide and maintain working surveillance cameres 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 dunng business hours with the ability to make them vnmediately available to the St. Paul Police Dept. (SPPD) and/or Dept. of Safety and Inspedions (DSI) upon request. �0. Extenor lighting must be maintained and adequate to support the cameralsecurity equipment. 17. Security personnel shall be assigned to each entrance starting at 9PM and remain unNl ail members and guests have left the licensed premises, which inGudes the parking lots. SeCUrity personnet shali "wand" (using a metal detector) each member and guest and check all handbags and packages prried by each member and guest. Sewrity personnel shall verify the age of guests by checking state or federally issued identification cards (no picture I.D., no entrance). Members arW guesis re-entering the estabfishment shall be subjed to fhe same security measures as customers entering the establishment for the first dme. Security personnel shall be easity ident�able. '12. Belween 9PM and closing security staff will patrol the parking lot and alley to monitor behavior that would disturb the neighbors. 13. Licensee wiil maintain a list of inembers and guests who have been banned from the establishment for assaultive, disorderly or disruptive behavior. The list must conhain 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 shail be permitted to be in the estabiishment or remain on the grounds. This list will be made available upon request to the SPPD or DSI. 14. Maintain a list of ali securdy and employees with full names and DOB and make d available to SPPD immediaffily when requested. 09-897 Address Licensee � Contact � License g Cardholder � Licensee Name: TTUCKS-BROOICS fi,MERiCAN LEGION POST #606 DBA: ATTUCFtS-BROOKS AMERICAN LEGION POST #606 Sales Tax Id: �� Find Now 4K Cx�ncei New Search Help � New 7emp Grp_ . Gopy Group... ,4dd Licerise... Properties... uquor �n saie-aup YU� -bUU Mbrs - B .Active - . _ - -- � _ .. ,_. .. _ _ . 0 ATTUCKS-BROOKS AMERICAN ATTUCKS-BROOKS AMERICAN Restaurarrt (A) - 51-150 Seats .�ctive _ _- -- _ .. ,. .. .. . _ — — ATTUC!{S-BR001(S AMERICAN iATTUCICS-BROOKS AMERICAN RestauraM (B) - more than 12 sests Cancele� Cigarette/Tobacco Cancele� 09-897 Pay � � � 'z� � � � "s� � License � Licensee � Lic. Types � Insurance i� Property � Licensee �' Unofficial Street #: 76 Street Name: ONCORDIA Street Type: AVE Direction: �-� Unit Vnd: � Unit #: �� City: T PAUL State: �IN Zip: 55104 VVard: 1� Brawse Dist Council: � ]09 Ta CAO for adverse action based on as violations nated on 05M 5, 06t�3,24, snd 25. meet'tng with the club leadership on 02@0f2009 g a shooting autside of the establishmer�t and a ion of our(SPPD, DSI)_expectatipns for Licensee: TTUCKS-BROOKS AMERICAN LEGION PO� Licensee DBA: TTUCIiS-BROp1(S AMER LE PO Commer�s: . � . _. ,... ._ �_, Sales Tax Id: /A Bus Phone:�(651) 227-4452 License Type Ciass Effective Expiration CondiEions Licensa Fee Liquor On Sale - Sunday N 07AJ1 M 990 : 01 �U1 C1�10 Y $200.00 Cigaretteliobacco R O7ld1 M 990 - 01 N1 M 998 ' Y $317.00 Liquor On Sale-Club 201-500 Mbrs - B N 07101 M 99� 01 N1 C2010 Y g497.00 Lice�tise a� #23519 Save Chandesto Licensee TTUCKS-BROOKS AMERICAtd LEGION POS' DBA TTUCI{5-BROOKS AMERICAN LEGION POS' � Bond � Requirements � Project Facilitator: RSUNCION, CORINNE � Adverse Action Commerrts 0129I2008 CF #07-967 - Change in license type from estaurarR-BtoRestaurarR-4. LAB License Group Commerrts: C�ncel �j i �� � Heip 09-897 � � � � � � � � � Licensee TTUCILS-BROOKS AMERICAN LEGION POS' "ay Prirt � �r�:z•T� F�s2 Summ '. - DBA TTUCKS-BROOIiS AMERICAN LEGION POS' License Licensee � Lic. Types � Insurance � Bond � RequiremeMs � Licensee Name: DBA: Saies Tax Id: AA Cordract Rec'd: AA Fee Collected: TTUC{(S-BROOKS AMERICAN LEGION POST #606 TTUCf{S-BROQKS AMERICAN LEGION POST #606 tA Non-Profit: (— WVorker's Comp: O/OOND00 lN�NO�� AA Training Rec'd: ONONODd 1N�10000 Discourrt Rec'd: � ;ensing Rgency Name ! License Typ� License # Expira�tdon � County ! Smoke-Free Restaurard (Pri�,Private CI��6f30t'2006: Actiu Inactive Last M�rne First Name OONONOOOO�/OONOOiRAWLINGS NORMAN 06N6M 998,01 /02C200"SULLIVAN JERRY Other 101�12t200600A10N001ATK4N5 <.. i.��-�_�.--- --� Background Check Required � Lic�ns� # 123519 �HRftRY Sf O'..�I'�r � Properties... � Financial Hold Reasons Reason � Active Date TiHe 8us. Phane ,� , �Mail License To: — —` � Mail To Contact 2ND VICE COtv (651) 227-6�11 C` License Addres: h11ANAGER (651)227-4452'i: ' j ' �i._,� Mail Invoice To: — 1 ST V10E CON (}- � v 1 �`: Mail To Cor�tact � �' License Addres; CorRact Prbperties... � Changes to History Cancel � Haip Saint Paui Police Department ORIGiNAL OFFENSE / INCIDENI Complaint Number Refeience CN 09095658 Pnmary o(fense. 1NVESTIGATE-AND ALL OTHER 09-897 Pa9g 5 05 3 REPORT Date and Time of RepoR 05/15/2009 22:56:00 Pnmary Reporfing �cer SUI{1VHn, Kevin R Name of location/business. Pnmarysquad: Q$2 Locationofincidenf: g76 CONCORDIAAV Secondaryreportin9otfcer Anderson, Allen T ST PAUL, MN 55104 approver. Kane, Patrick Distnct: WeStem Date & Eime of occurrence: 05/15(2009 2l 28:00 to Site: 05/15/2009 21:28:00 Arrest made. Secondaryoffense: Police OKCerASSaulted or In�uretl: Police Officer Assisted Suicitle: Cnme Scene Processed: OFFENSE DETAtLS INVESTIGATE-AND ALL OTHER ABempt Only: Appears to be Gang Relaietl: Crime Scene Method 8 P of En6y TYPe� OffIC2/COR�R18fC181 Force used: H�d Inside� Description: Bar/nightclub/tavern Pointofentry: Melhod: NAMES Other Stevenson, Ernest Neil 976 CONCORDIA AV ST PAUL, MN 55104 Nic orAl N�ck Name. Alias RKA Firsf Name: De6il sex: Maie Phones HOme: 000-000-0000 work: 651-793-0064 Race� B�aCk Hispanic: Cell: Fax: AKA Last Name: ooe: o7rosr�9as A9e: 7Q from to Resident S[atus: Contact Pager. SP954DE5C260D3D 09-897 Saint Paul Pofice Department Page p of 3 ORIGINAL OFFENSE / INCIDENI REPORT Compfaint Number Refe/ence CN Dafe and Time of Report 09095658 05/15/2009 22:56:00 Pnmary offense: INVESTIGATE-AND ALL OTHER Employment Occupat�on MANAGER Emp�oyer. ATTUCKS BROOKS LEGION ldentifica SSN: License or ID#: license State. SUS�I@Cf UNKNOWN Nicknames or A/iases Nick Name. Ai�as: AKA Firsf Name: DeWils $EX: Phones Home. Work: Employment Occupa6on: Identifrc SSN: AKA Last Name: Race: DOB: Hispanic. Age, from fo ���: Contact: Fax: Pager.� Empbyer. License orlD#: Resident Stafus: Ucense State: Physical DescripBon US: MetNc: Height: ro Baild: HairLength: HairCo/or. Weight: to Skin� Facra/Hair. Hai�Type: Teeth.� Eye Color.' Blood Type: Offentler lnformation Ar2sted: DUI: Conditan Taken to hea/th caie facility.• Violated Restraming Order. Pursuit engaged: Resisfance encounte/ed: Medical2/ease obtained: SP954DE5C260D3D Saint Paul Police Departmen` 09-897 Pa9e 3 of 3 OR[GINAL OFFENSE / tNClDENT REPORT Complaint Number Reference CN Date and Time of Repott Q9095658 Pdmary offense: fNVESTIGATE-AND ALL OTHER 05/15/2009 22:56:00 SOLVABILITY FACTORS Suspect ran be Identified. Photos Taken: Evitlence Tumetl In: Re/ated Incident: La b Biological Analysis: Narcotic Analysis: Lab Comments: ey. Sto/en P/operty Treceable: PrapeRy Tumed In. Fingerprints Taken: Items Fingerpnnted. Participants: Person Type: Name: Address: Phone: Other Stevenson, Ernest Neil Suspect 976 CONCORDIA AV ST PAUL, MN 55104 ��� ��� ���� NARRATIVE On OS/15/09 (Friday), at 2128 hours, the West District Anti-Crime Unit went to Attucks Brooks Legion, a bar at 976 Concordia Ave, to walk through the premises. We spoke to the manager, STEVENSON, ERNEST NEIL (07l06/1938; w/p 651-793-0064). We noticed a man at the front door with a wand. He was "wanding" people as they entered. There were men outside smoking when we entered. One of the men re-entered the bar and was not wanded, which is a condition of the license. While we were there, two young females entered the bar. They signed in and showed ID (Not member ID's). They were then wanded, but their purses were never wanded or checked, which is a condition of the Iicense. The women were not accompanied by members, which is a condition of the license. When we asked STEVENSON if the bar was open to the pubiic, he stated it was open to the public on Fridays and Saturdays. We asked again to clarify and he repeated this. OFFICE DISTRIBUTION LIEP PUBLIC NARRATIVE On 05/15/09 (Friday), at 2128 hours, the West District Anti-Crime Unit went to Attucks Brooks Legion, a bar at 976 Concordia Ave, to waik through the premises, We found multiple violations of fhe license conditions. � SP954DE5C260D3D 09-897 Saint Paul Police Departmen' Pa9e � of3 ORIGINAL OFFENSE / INCiDENT REPORT Complaint Number Reference CN __ Date and Trme of Report - . t -_' }���; ��_ . :-• 09128599 � �� ; _ � � _ , � � � �����009 15:19:00 Pnmary offense ._ . . . : . . : � . . - ... INVESTIGATE-AND ALL OTHER PnmaryRepoKingOfficer. gaumgart,CortM NameofiocatioNbusiness: Primarysquad: q$3 Locahon ofincident: g76 CONCORDIA AV SecrondaryreporiingoSicer ST PAUL, MN 55104 approver. Thomasser, Robert Districr: �I�lestem Date & fime of occunence O6l23/2009 22:58:OD ro site 06/23/2009 23:15:00 Anest matle: Secondaryofiense: Police Officer Assaufted or Injured: Cnme Scene Processed: Police Otficer Asssted Suicide: OFFENSE DETAILS INVESTIGATE-AND ALL OTHER Attempf Onfy Appears to be Gang Related: Crim Scene Methotl 8 Point of E rYPe� O�C@/COfilfll@fC181 Force used: Hid Inside: Descnpnon: gar/nightclub/tavem Pointofendy: Method. NAMES Suspect Attucks Brooks American Legion 976 CONCORDIA KNOWN ST PAUL, MN Nicknames orA/iases Nick Name: Alias AKA First Name: Detaifs Sex Race: Hispanrc: AKA Last Name� DOB: Resident Status: Age: from to Phones Home: Cell.� Contact: Work: Fax: Pager. SP717A05C277088 �/ . ' 09-897 Saint Paul Police Departmen` Pa9e z of3 ORIGINAL OFFENSE / INC{DENT REPORT Complainf Numbe� Refe2nce CN � r , Date and Time of Report : �, :�,.-_ ._.-_ sr �- 09128599 _ � : .f� ' �.` �= � i��� _�� � � �-'� � s f. :� �E��4�'1009 15:99:00 Prtmary offense: � fNVESTlGATE-AND ALL OTHER E mp foy men t Occupation: Employer Identifica SSN: Li[xnse or ID#: License State� Phy US MeMc HeigM: to Builtl: Hair Length � Hair Gblor Weight to Skin: Facial Hair Hair Type: Teeih' Eye Colar. B/ood Type: Olfende InformaEon Arrested DU(: Co�ition: Pursuit enga9ed: Violated Restraining Order.� Resistance encovntered. Taken to heatth care facility: Medical2kase obtainetl: SOLVABILITY FACTORS Suspect can be /dentifred: ygg By pOI1C2 Photos Taken: Sfolen Property T2ceable: Ev�dence Tumed !n. Property Tumed In: Related IncidenY Lab Biologicaf Analysis: Fingerprints Taken: Narcofic Analysis: ifems Fingeryrinted: Lab Comments: SP717ADSC277086 J' :' Saint Paul Police Departmeni ORtGINAL OFFENSE / INCIDENT REPORT Page 3 of 3 Compfamt Numher Re%2nce CP! _ Date and Trme of Report ��-n 09128599 ` �' � , ' _ `! �} x �� `,' - `�; � ` ` ;¢. : ���41�009 15:19:00 Pnmary offense. � INVESTIGATE-AND ALL OTHER PROPERTY 1TEM #1 Type os�oss Recovered Dafe of Loss: Locafion Lost owner. Attucks Brooks American Date Recove2d: O6/23/2009 ��hon Recovered: g76 CAf1CAfd18 Mode/ #: Quantity: � anide7yPe�lrem: Otherproperty 1 Miscelfaneousitems oescnprion: advertisement for happy hour with a dj Tumed in af: p, ��� Participan� Person Type: roomiocker �odcsrID#: 5 Name: Suspect Attucks Brooks American Legion Seria! #: Tota7 value: Lab exams: Address: 976 CONCORDIA ST PAUL, MN Phone' NARRATIVE On 06/23/09 at around 2258 hours, I Ofc. C. Baumgart, and other officers from the Western District Anti Crime Unit went to 976 Concordia to check the Attucks Brooks American Legion Post. The estabiishment has conditions on their property from the city {icensing division. When we arrived we spoke with the security officer working the front door. We were there for severaf minutes and during that time there was a couple people who waiked right in without being wanded for weapons. We also noticed several flyers posted around the entryway. One of them was for "Throw Back Happy Hour Thursdays" featuring a DJ calied C1 In the house. I took one of the flyers as evidence. There was also other flyers for a Karaoke night. I put the flyer I took into property room locker number five at Police HeadquaRers. OFFICE DISTRIBUTION licensing PUBLIC NARRATIVE Licensing compliance check. SP717A05C277088 09-897 Saint Paul Police Departrnen Pa9e '°`s ORIGINAL OFFENSE / INCIDENT REPORT Complaint Nomber Reference CN Date and Tme of Report 09129270 06/24/2009 22:33:00 Primary oftense: INVESTIGATE-AND ALL OTHER Primary Reporfing �cer. Baumgart, Cort M Name ofbratron/business: Pnmary squad. 4g3 Lorason ot incident 976 CONCORD IA AV Secondary reporting o�cer ST PAUL, MN 55104 qpprover. Cleveland, Kent District: Westem Date & time of occurrence: D6/24/2009 19:13:00 to Site: O6/24/2008 2233:00 Ar2st made' Secondary oNense: Police OKcer Assautted or lnjured: Police O/ficer Assrsted Suicide: � Crime Scene Processed: OFFENSE DETAILS INVESTIGATE-AND ALL OTHER Atfempt Only: Crime Scene rype: Religleduc/recreational oescript;on. Club/fratemity/rec cente Appears to be Gang Relatetl: Mefhod 8 Point Foroe used: Point of entry.� Mefhod: Hidlnside: NAMES Other Booker, Tony 926 GALTIER, ST PAUL, MN 55117 Nicknames orAfiases Nick Name: Alias: AKA First Name: Defail sex: Male Phon Home: Work: Race: g�ack Hrspanic: CeIC Fax: AKA Last Name: ooB: 08/02/1971 Age: $7 lrom to Resident Status: Contact: Pager. SP954�E5C260D30 09-897 Saint Paul Police Departmen Pa9e 2 of6 ORIGtNAL OFFENSE / INCIDENT REPORT Compla�nt Number Reference CN Dafe and Tme of Report 09129270 06/24/2009 22:33:00 Prirnary oflense: INVESTIGATE-AND ALL OTHER Employment Occupa6on: Empbyer. ldentificatio SSN: Other Nicknames o rAfiases Nick Name: Alias AKA Firsf Name: Details sex: Male Phone Home: work: Employmenf Occupation: ldenfi fication SSN: Race: glaCk Hispanic: Ce9: Fax: License orlD#: Hollman, David Russell 1558 WESTMINSTER ST PAUL, MN 55106 AKA Last Name: Doe: 01/22/1971 Age: 3g irom io Contact Pager. Employer. License or ID#: Maxwell, Steven Lavell 1687 UPPER AFTON ST PAUL, MN 55179 License State� Resident Status: Other Nicknames orAliases Nick Name A/ias: AKA Firsf Name: Details sex: Male Race: B�aCk Hispanic License State: AKA l.ast Name: DOe: 02/13/1968 Age: 4� from to Resident Status: SP954DESC26oD3D 09-897 Saint Pau{ Police Departmen Pa9 5 of 6 ORIGINAL OFFENSE / INCtDENT REPORT Complaint Number Reference CN Date and Time of Repod 09129270 06/24/2009 22:33:00 Pnmary oHense: INVESTIGATE-AND ALL OTHER Offender Infortna5on Mzsted: Pursud engaged: DUC Resistance encounfe�ed: CondHion: Taken fo health care faciliry: By police Stole� Property Traceable: Properfy Tumetl In.� SOLVAB(UTY FACTORS Suspect can be Ident�ed: Y@S Photos Taken� Evidence Tumed In.� Relafed Incident: Lab Biological Analysis: Fingerpnnfs Taken: Narcotic Anafysrs: Cab Comments: 1 Restraining Order Medical2(ease obtained: Items Fingeryrinted: Participants: Person Type: Name: Address: Phone: Other Other Other Other Other Suspect 926 GALTIER ST PAUL, MN 55117 1558 WESTMlNSTER ST PAUL, MN 55106 '1687 UPPER AF70N ST PAUL, MN 55119 925 MARSHALL ST PAUL, MN 55104 ST PAUL, MN ST PAUL, MN NARRATIVE On 6/24/09 at around 1913 hours, i Ofc. C. Baumgart, squad #483 and other Western District Anti Crime members and West Officers went to the Attucks Brooks American Legion to check on their comp{iance with the licensing stipulations. Booker, Tony Hollman, David Russell Maxwsll, Steven Lavefl Stowers, Cleo Walker, Leonard Attucks Brooks American Legion SP954DESC260�3D 09-897 Saint Paul Police Departme ORIGINAL OFFENSE / tNCtDENT REPORT Compfaint Numbe� Refe,ence CN 09129270 Pnmary offense: INVESTIGATE-AND ALL OTHER Page 6 of 6 Date and Time of Report 06l24/2009 22:33:00 We went inside and spoke to a male who said he was the Manager Leonard Waiker. Walker was asked for a copy of the surveillance video for today, and he said he was not able to do that. We noticed the door to the basement was locked, and asked if there was anyone down there. The person we asked said he did not know, a�d asked if we wanted to go down there. He unlocked the door and aIlowed us downstairs where we found four males. One of the males was identified as Cleo Stowers 06/17/� 969. They were aN sitting around a table with Dominoes and there was several different denominations of cash biils in a pile next to Stowers. When asked if they were gambling Stowers said, "No I was just going to get them something to drink from the back room." Stowers said he was an employee of the Legion, and he had keys to the back room. While checking around we also noticed the emergency exit for the basement had a gate at the top of the stairs with a padlock on it. We did not notice any other violations. OFFSCE DiSTRIBUTION licensing PUBLIC NARRATIVE fnvestigate licensing compliance. SP954DESC26aD3D 09-897 Saint Paul Po(ice Departmen` Page Z of 3 SUPPLEMENTAL OFFENSE / INCIDENT REPORT Complaint Number Reference CN Dafe and Tme of Report 09129270 07/01 /2009 15:20:00 Pnmary offense: lNVESTIGATE-AND ALL OTHER IdentifiwUon SSN. License or IQ#: license State: Other Johnson,Tyrone Curt+s 614 FARRINGTON ST ST PAUL, MN 55104 Nicknames or Aliases Nick Name: A/ias: AKA First Name: Details sex: Maie Phones Home: Work' Race: B�ack Hispanic: CeIY. Fax: AKA Last Name: DOB: 06/'12l1975 Age: 34 from to ResideM Status: Contact' Pager. Emp)oymen Occupafion: Employec ltlen8�cation SSN: License or ID#: V'cense SYate: SOLVABILITY FACTORS Suspect can 6e ldent�ed: Photos Taken: Evidence Tumed M: Re(ated /ncident La6 Biofogical Analysis. Narcotic Anatysis: Lab Comme»ts: By: Stolen Praperty Traceable: PropeRy Tumed In: Fingerprints Taken: Items Fingerprinted: SP954DESC260D3D 09-897 Saint Pau{ Police Departmen Pa9e 3 of 6 OR{GtNAL OFFENSE / INCIDENT REPORT Comp/arnt Number Refe2nce CN Date and Time of RepoR 09129270 06/24/2009 22:33:00 Primary offense: INVESTIGATE-AND ALL OTNER Phones Home: Cell: Contact Work: Fax: Pager. Employment Occupation. Employer Identifiwtion SSN: License or tDq: License State' Other Stowers, Cleo 925 MARSHALL ST PAUL, MN 55104 Nicknames or Nick Name: Alias: AKA First Name: Details Sex: Race: Hispanic: AKA Last Mame: Doe: 06/1711969 Age: 4p hom to Resident Slafus: Phones Home: CeN: Contact: Wortc: Fax: Pager Employmenf Occupation: ' Employer. ldent SSN: License or IDq: ticense State: Other Nickname or A/iases Nrck Name: Alias: AKA First Name. Walker. Leonard ST PAUL, MN AKA Last Name: SP954DE5C260P3D 09-897 Saint Pau{ Po{ice Departmen" Pa9e "°` s OEZIGINAL OFFENSE / tNCtDENT REPORT Complarnf Number Reference CIJ Date and Time of Report 09129270 06/24/2009 22:33:00 Primary offense: INVESTIGATE-AND ALL OTHER Details Sex: Race: DOB: ResidentSfatus� Hispanic: Age: from to Phones Home: Work: Employment Occupahon: p/qNAGER Iden6fic SSN.' Suspect KNOWN Nicknames orA/i Nick Name. Nias: AKA First Name: Details Sex: Race: Hispanic: Phones Home: Work: Employ Occupation: Coniact: 651-646-1205 Pager. Cell: Fax: Employer. License or ID#; Attucks Brooks American Legion ST PAUL, MN AKA Last Name: DOB: Age: fiom to Ce1P Contact Fax: Pager. Employer' License State� Resident Status Identification SSN: License orlfT#: License State: PhysicalOescription US: Metric: HeighY to Build.� HairLength: Ha�rColor.� Weighi: Yo Skin: Facia! Hair. Hair Type: Te¢th: Eye Color. Blood Tjpe: SP954DESC260D3D 09-897 Saint Paul Police Departmen Page � of3 SUPPLEMENTAL OFFENSE / INCIDENT REPORT Complamt Number Refe2nce CN Date and Time of RepoR 09129270 07/01 /2009 15:20:00 Primary offense: INVESTIGATE-AND ALL OTHER Pnmary Reporting �cer.� Don2hue, BObby J Name of location�pusiness: Fnmary scivad: 4gfl Loca6on of incident: g76 CONCORDIA AV Secondary mporting o�cer. ST PAUL, MN 55104 approver. Donahue, Bobby oisaict: Westem Date & time o/occurrence: O6/24/2009 99:13:00 fo Site: 06/24/2009 22:00:00 Arrest matle: Secondary otfertse Police �cer Assaufted or Injured� Police Officer Assistetl Suicide: Come Scene Processed: OFFENSE DETAILS INVESTIGATE-AND ALL OTHER Aftempt Only: Appears to be Gang Related: NAMES Other Johnson, Laron Deirre 2236 PIERCE Apt 1 ST PAUL, MN 55418 Nicknames or Al Nick Name: Alias: AKA First Name: Dep i15 sex: Male Phones Home. Woilc: Employm Occupation: Race Black Hispanic' Cefl: Fax: AKA Last Name: �oe: 05/O6/1977 qge: 32 from fo Contact: Pager. Emp/oyer. Resrdent Status: SP954DESC260D3D Chapter 310. Uniform License Procedures Sec. 310.05. Hearing procedures. 09-897 Page 1 of 5 (a) Adverse action; notice and hearing requirements. In any case where the council may or intends to consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a license, or the deniai of a� application for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of Minnesota, the applicant or {icensee shall be given notice and an opportunity to be heard as provided herein. The councii may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department established pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action is or will be considered by the counc+l, the applicant or licensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is entitied to a hearing before action is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shali state the place, date and time of the hearing. The notice shall state the issues involved or grounds upon which the adverse action may be sought or based. The council may request that such written notice be prepared and served or mailed by the inspector or by the city attorney. (c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circumstances, the hearing shall be held before the councii. Othenvise the hearing shali be conducted before a hearing examiner appointed by the council or retained by contract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and argument as well as meet adverse testimony or evidence by reasonable cross-examination and rebuttal evidence. The hearing examiner may in its discretion permit other interested persons the opportunity to present testimony or evidence or otherwise participate in such hearing. (c-1) Procedure; hearing examiner. The hearing examiner shall hear all evidence as may be presented on behalf of the city and the applicant or licensee, and shall present to the council written findings of fact and conclusions of Iaw, together with a recommendation for adverse action. The council shall consider the evidence contained in the record, the hearing examiner's recommended findings of fact and conclusions, and shall not consider any factual testimony not previously submitted to and considered by the hearing examiner. After receipt of the hearing examiner's findings, conclusions, and recommendations, the council shall provide the applicant or licensee an opportunity to present oral or written arguments alleging error on the part of the examiner in the application of the law or interpretation of the facts, and to present argument related to the recommended adverse action. Upon conclusion of that hearing, and after considering the record, the examiner's findings and recommendations, together with such additional arguments presented at the hearing, the council shall determine what, if any, adverse action shall be taken, which action shall be by resoiution. The councii may accept, reject or modify the findings, conciusions and recommendations of the hearing examiner. (c-2) Ex-parte contacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the �icense matter with each other or with any of the parties or interested persons invoived in the matter unless such discussion occurs on the record during the hearings of the matter or during the council's final deliberations of the matter. No interested person shail, with knowiedge that a Iicense matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or her staff until the councii has taken finai action on the matter; provided, however, that nothing herein shail prevent an inquiry or communications regarding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragraph, shall mean and include a person who is an Chapter 310. Uniform License Procedures 09-897 Page 2 of 5 officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensee. (d) Licensee or applicant may be represented. The iicensee or applicant may represent himself or choose to be represented by another. (e) Reco�d; evidence. The hearing examiner shall receive and keep a record of such proceedings, inciuding testimony and exhibits, and shall receive and give weight to evidence, inciuding hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. (� Counci( action, resofution to contain findings, Where the council takes adverse action with respect to a iicense, licensee or applicant for a license, the resolution by which such action is taken shali contain its findings and determination, inciuding the imposition of conditions, if any. The council may adopt ail or part of the findings, conclusions and recommendations of the hearing examiner, and incorporate the same in its resolution taking the adverse action. (g) Additional piocedures where required. Where the provisions of any statute or ordinance require additionai notice or hearing procedures, such provisions shall be complied with and sha11 supersede inconsistent provisions of these chapters. This shall inciude, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A.415. (h) Discrefion to hear notwithstanding withdrawal or surrender of appiication or license. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or deniai of a license, notwithstanding that the appticant or licensee has attempted or purported to withdraw or surrender said license or application, if the attempted withdrawal or surrender took place after the appiicant or ficensee fiad been notified of the hearing and potentiai adverse action. (i) Continuances. Where a hearing for the purpose of considering revocation or suspension of a license or other disciplinary action invoiving a license has been scheduled before the council, a continuation of the hearing may be granted by the councii president or by the council at the request of the licensee, license applicant, an interested person or an attorney representing the foregoing, upon a showing of good cause by the party making the request. Q) If the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action shalf be prepared by the license inspector and posted by the licensee so as to be visible to the public during the effective period of the adverse action. The licensee shall be responsible for taking reasonable steps to make sure the notice remains posted on the front door of the licensed premises, and failure to take such reasonable precautions may be grounds for further adverse action. (k) /mposition of cosfs. The council may impose upon any licensee or iicense applicant some or all of the costs of a contested hearing before an independent hearing examiner. The costs of a contested hearing include, but are �ot limited to, the cost oi the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hearing, and the cost of expert witnesses. The councii may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or harassment; (ii) the nature of the violation was serious, or involved vioience or the threat of vioience by the licensee or empioyees thereof, or involved the sale of drugs by the licensee or employees thereof, and/or the circumstances under which the violation occurred were aggravated and serious; (iii) the violation created a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was sufficiently in controi of the situation and therefore couid have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew Chapter 310. Uniform License Procedures 09-897 Page 3 of 5 required insurance policies; (vi) the violation is covered by the matrix in section 409.26 of the Legisiative Code; or (vii) the violation involved the sale of cigarettes to a minor. (I) lmposition of fines. The council may impose a fine upon any iicensee or license applicant as an adverse license action. A fine may be in such amount as the council deems reasonabie and appropriate, having in mind the regulatory and enforcement purposes embodied in the particular licensing ordinance. A fine may be in addition to or in iieu of other adverse action in the sole discretion of the council. To the extent any other provision of the Legislative Code provides for the imposition of a fine, both provisions shalV be read together to the exient possible; provided, however, that in the case of any conflict or inconsistency, the other provision shall be controlling. (m) Presumptive penalties for certain violations. The purpose of this section is to establish a standard by which the city councii determines the amount of fines, the length of license 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 § 409.26 shall apply where a specific violation is listed. 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 totai fine amount for violations of § 331A may exceed the maximum fine outlined below due to multiple vioiations in one {i) appearance. All penalty recommendations for chapter 331A vioiations shaii be based on the food penalty guideline referred to in chapter 331A. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compeiling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. TABLEINSET: Type of Violation (1) Violations of conditions placed on the license (2) Violation of provisions of the legislative code relating to the licensed activity (3) Violation of provisions of the legis4ative code relating to the licensed activity, other than violations of the food code (4) Failure to permit entrance or inspection by DSI inspector or police (5) Commission of a crime other than a felony on the premises by a licensee or (6) Commission of a fefony on the premises by a licensee or emofovee (7) Death or great bodily harm in establishment related to violation of law or 1st 2nd $500.00 fine $1,000.00 fine $500.00fine $1,000.00 fine $500.00 fine 5-day suspension $700.00 $2,000.00 30-day suspension $1,000.00 fine 10-day suspension $1,500.00 Revocation 60-day suspension 3rd $2,000.00 fine and 10-day suspension $2,000.00 fine and 10-day suspension $2,000.00 fine and 10-day suspension 15-day suspension 5-day suspension n/a Revocation 4th Revocation Revocation Revocation Revocation Revocation n/a n/a Chapter 310. Uniform License Procedures license conditions (8) Faifure to pay ficense fees (9) Critical violations under 331 A 09-897 Page 4 of 5 Revocation $250.00 � $500.00 $1,000.00, 5- day Revocation (10) Non-critical violation 1 $150.00 I $250.00 under331A � (i) Fines payable wifhout hearing . $500.00 $1,000.00 A. Notwithstanding the provisions of section 310.05(c), a licensee who wouid be making a first or second appearance before the councii may elect to pay the fine to the Department of Safety and Inspections without a council hearing, uniess 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 wiii 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 determi�ing presumptive penalties for subsequent violations. B. For adverse action initiated under Chapter 331A of this Code, a fine may be paid without a hearing regardless of how many prior appearances that licensee has made before the Councii. The above council hearing requirement applies to violations under Chapter 331A unless the fine recommended by the Department of Safety and Inspections is equal to 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 entitied, and will be considered an appearance" for the purpose of determining presumptive penalties for subsequent violations. A non-critical violation under chapter 331A shali 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 councii shall consider and act upon all the violations that have been alleged and/or incorporated in the notices sent to the iicensee under the administrative procedures act up to and including the formal 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 shafl be grounds for departure from such penalties in the council's discretion. (iii) Violations occurring aiter the date of the 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 councif in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall 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 councif. (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 vio�ations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. Chapter 310. Uniform License Procedures 09-897 Page 5 of 5 However, non-critical violations of Chapter 331A shail not be counted as an "appearance" before the Gouncil in selation to any violation other than another violation of Chapter 331A. (v) Computation of time. (1) �f a iicensee appears before the council for any violation in paragraph (m) where that violation has occurred within twelve (12) calendar months after the first appearance of the same licensee for a violation listed in paragraph (m) above or section 409.26, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. (2) If a iicensee has appeared before the council on two (2) previous occasions for violations listed in paragraph (m) or section 409.26, 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) If 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 within 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 appeara�ce. In case of multiple violations in any appearance, the date to be used to measure whether twelve (12), eighteen (18), or hventy-four (24) months have elapsed shall be the date of the violation iast in time at the first appearance, and the date of the violation first 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 vio{ation 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 shali 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, �2-27-06; 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) 09-897 on vacation to assist. So she came down to assist and after it was processed. The Manager on Duty called the O�cer from the SPPD informed him that the flash drive was processed and ready for pick-up. The Officer told him that it was okay and he would pick-up the flash drive the next day. Correction: The First Commander, Regina Walker, will provide training and give hands-on-practice, as weii as, provide notes to the Managers and Security to ensure that someone on duty will be able to provide the necessary flash drive as required and requested by the SPPD and/or DSI. 5- The option that our Organization has accepted after discussion with the Executive Board of Directors is to accept Option #1. Correction: As you can see we have addressed every issue to the best of our ability. We look forward to working closely with the DSI and the SPPD as different situations arise affecting the establishment of the Attucks-Brooks American Legion Post 606. � T�� � l/6C�, ��`rn� �r'c�q� Joodson Cc: Security Company, Community Response Unit Cc: File Copy 09-897 STATE OF MINNESOTF � ss. AFFIDAVIT OF SEh : ICE BY U.S. MAIL COUNTY OF RAMSEY ) 7ulie Kraus, being first duly sworn, deposes and says that on the � day of July, 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 I.egion Post #606 976 Concordia Avenue 3t. 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 55104-6615 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. i� 7ulie aus Subscribed and swom to before me this .9.,��'- day of July, 2004 ���/�� /� G���s�'� No azy Public RITA Y. �88ARD tpTARY %ALIC - MIM�ES07A MY COMhflSSiCNd EXPIRES JAN. 37. 20 1 0 1' :' 2- Condition # i The only persons admitted into the licensed premises shall be members and their bonafide guests. Conection: The Manager that gave the information has been was incorrect and has been let go, but the eatenuating condition was that his health was declining. This isn't an excuse for his statement we ask that you do consider this Security was informed at the mandatory meeting to ask and verify identification of inembership cards which is current, if they do not ha�e it they will be turned away this is applied everyday, no exceptions. 3-Condition of not having an Entertainment A License for a DJ to provide music for the patrons of our establishment. Correction: our establishment accepts the responsibility of not having the Entertainment A License, but over the years we have been doing this and we thought this was allowed. On July 17, 2009 we did apply for the Entertainment A license and the Special Event License, as well as, Temporary license. These were approved the same day and posted. As of today, we do have the permanent licenses. 4-Condition #9 The license will provide and maintain working surveillance camera's and equipment to record activity on the premises both inside and outside. Tape/recording wiil 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 availabie to the St. Paul Department (SPPD) and/or DSI upon request. Response: Our establishment did purchase a new surveillance camera and the equipment to meet the guidelines and recommendation from the SPPD. The Manager on duty had been trained, as well as, all the Manager's and the Security to ensure that they were able to perform the request by the SPPD and/or DSI. Unfortunately, due to the change of staff, he was new and was unable to perform the steps needed to obtain the information needed to pull the information on the flash drive. He contacted the Commander, Willie Woodson and the Officer fram the SI'PD spoke with the Commander and stated that it was okay. Then the Ir�Ianager on Duty called the First Commander, Regina Walker, who was I' :' 1 Atmcks-Brooks American Legion Post #606 July I5, 2009 Page 2 On June 23, 2Q09, approximately 11:00 p.m., St. Paul Police came to your establishment on a compliance check. When police arrived, they sgoke with the security officer working at the front door. During that time, police ohserved people walking through the front door who were not wanded for weapons in violaHon of license condition #11 which states: '°....Security personnel shall "wand" (using a metal detector) each member and guest and check al1 hand6ags carried by each member and guest...." Police also noticed several flyers posted in the entryway. One of the flyers was for "Throw Back Happy Hour Thursdays" featuring a DJ called Cl. There was also a flyer regarding a Karaoke night You do not currently hold an Entertainment A license which would allow a DJ to provide music for the patrons in your establishment. On June 24, 2009, approximately 7:15 p.m., St� Paul Police came to your establishment on another compliance check. Police entered the legion and asked your manager for a copy of the surveillance videotape for that day. He told police he was not able to provide it to them at this time. This is a violation of license condition #9 (effective March 20, 2009) which states: "The licensee will provide and m¢intain working surveillance cameras and equipment to record ¢ctivity on the premises both inside and out. Tape/recordings will be maintained for a minimum of thirty (30 j days, and lhere shall be an empIoyee on staff at alt times during business hours with the ability to make them immediately available to the St Paul Police Dep¢rtment (SPPD) and/orDepartment of Safety and Inspections (DSI) upon reguest." Also, that night around the same time, a second police officer conducted a Proactive Visit at your establishment. When the officer approached, he found a security guard sitting at the unlocked front door. While the ofGcer stood at the front entrance, he observed two guests go into the legion without being wanded. The security guard did not have a wand and had no idea he needed one. This is a violation of license condition #11 which states: "....Security personnel shatl "wand" (using a metal detector) each member and guest and check all handbags carried by each member and guest...." When the of�cer entered the legion he spoke with two males ptaying a video game. Both men told the officer that they were not members of the American Legion and they were not guests of one of the members. They also told the of�cer that they have been coming to the legion since they have been old enough to drink legally and they have never been asked to become a member. This is a violation of license condition #1 which states: "The only persons admitted into the Zicensed premises shall be members and their bonafide guests...." On June 25, 2009, approximately 8:00 p.m. a police Commander came to your establishment to pick up the videotape that police were unable to get the evening before. While waiting in the legion and speaking to the manager, the Commander noticed a woman set6ng up electronic equipment and a possible a turntable in the Southwest corner of the legion. She appeared to him to be a DJ providing music to the patrons at the legion. The music then became loud and the room lights lowered. Brightly colored lights illuminated around the room and the atmosphere feit similar to that of a dance club. You do not currently hold an Entertainment A license which would allow a DJ to provide music for the patrons in your establishment. Due to the number of license conditions violations within a short period of time, per Saint Paul Legislative Code §310.05(m) (1j, the Iicensing office will recommend a$2,000.00 mah penalty and a 30-day closure of your establishment. ' 1 � 1 Attucks-Brooks American I.egion Post #606 July 15, 2009 Page 3 At this time, 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 admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, July 27, 2009. The matter wil] then be scheduled before the City Council for a public hearing to determine whether to impose the $2,000.00 matrix penalty and 30-day c]osure of your establishment. You will have an opportunity to appear before the Counci] and make a statement on your own behalf. 2. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that heating both you and the City will be able to appeaz and present wimesses, evidence and cross-examine each other's wimesses. The St. Paul City Council will ultima[ely decide the case. If this is your choice, please advise me no later than Monday, July 27, 2009, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you are not contesting imposition of the $2,000 matrix penalty and 30-day closure of your establishment. In that case, the matter wi11 be placed on the City Council 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, C �___ "" I ��� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Mr. Willie Woodson, 389 St. Anthony Avenue, Unit #303, St. Paul, M1V 55103 Irna Landrum, Exec. Director, Summit-University Planning Council, 627 Selby Avenue St. Paul, MN 55104-6615 09-897 SA(NT PAUL � AAAA CITY OF SAINT PAUL Chnstopher B. Colemaq Mayor OFFICE OF THE CITY ATTORNEY John J. Choi, CrryAttomey Telephone: 651266-8710 Facsimrle: 651298-5619 July 15, 2009 NOTICE OF VIOLATION Willie Woodson, Commander Attucks-Brooks American Legion Post #606 976 Concordia Avenue St. Paul, MN 55104 Q1V1/ DlVISIOIi 400 City Hal1 15 West Xellogg Blvd. Saint Paul, Minnesota 55102 RE: All licenses held by Attucks-Brooks American Legion Post #606 d/b/a Attucks-Brooks American Legion Post #606 for the premises located at 976 Concordia Avenue in Saint Paul LicenseID #:0023519 DearMr. Woodson: The Department of Safety and Inspections (DSn will recommend adverse action against the all licenses held by Attucks-Brooks American I,egion Post #606 d/b/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 May 15, 2009, approximately 9:30 p.m., St. Paul Police came to walk through your establishment. While they were speaking with your manager, they noticed a man at the front door with a wand which he was using to check people as entered. When a man re-entered the legion after smoking, he was not re•wanded. This is a violation of license condition #11 which states: "....Security personnel shall ��wand" (using a meta[detector) each member and guest and check all handbags c¢rried by each member and guests. Members artd guests re-entering the establishment shal[ be subject to the same security measures as customers entering the establishment for the first time." While police were in the establishment, they noficed two young females enter. They signed in and showed non-member identiGcation. They were wanded but their purses were not wanded or checiced. This is a violation of license condition #11 which states: "....Security personnel shalt "wand" (using a metal detector) each member and guest and check all handbags carried by each member and guest." T7�e women were not accompanied by members, which is a violation of license condition #1 which states: "The only persons admitted into the licensed premues shall be members and their bonafrde guests...." When police asked your manager if your ]egion was open to the public, he stated twice that it was open to the pubiic on Friday and Saturdays. Saint Paul Police Departmen' 09-897 Page 3 of 3 SUPPLEMENTAL OFFENSE / INClDENT REPORT Compfaint Number Refe2nce CN 09129270 Primary oflense: INVESTIGATE-AND ALL OTHER Date antl Time of RepoR 07/01 /2009 15:20:00 ParEicipants: Person Type: Name: Address: Phone: Other Other Johnson, Laron Deirre Johnson, Tyrone Curtis 2236 PIERCE Apt 1 ST PAUL, MN 55418 614 FARR�NGTON ST ST PAUL, MN 55104 NARRATIVE I, Sgt. Donahue along with the rest of the Officers in the Anti-crime Unit conduct a PPV at 976 Concordia Ave. Attucks-Brooks American Legion Post #606. We have been checking the bars in the Western District to make sure they are in compliance with City Ordinances. We are aware that the American Legion has several rules which they must adhere to. On 06-24-09, I entered the estabiishment and found a security guard sitting at the front door with the door being unlocked. While I was standing in the ftont entrance I observed two guest go into the bar with out being wanded. The security guard had no wand and had no idea he needed one. I then entered the bar and spoke with two male guest playing a video game. I identified them as JOHNSON, LARON DEIRRE DOB/05-06-77 and JOHNSON, TYRONE CURTIS D0B106-12-75. Both men stated they are not members of the American Legion. They stated they were not a guest of anyone. They also stated they have been coming to the bar since they have been old enough to drink legally. They said they have never been asked if they are members. I advised them they need to be a member or a guest of a member to be in the bar. See O�cer Baumgarfs report for further details. PUBLIC NARRATIVE SP954DESC260D3D 09-897 Saint Paui Police Departmen �a 1 of3 ORIGtNAL OFFENSE / tNCtDENT REPORT Complaint Number Refe2nce CN Date and Time of RepoR 09130119 06/27/2009 11:09:00 Pnmary offense: INVESTIGATE-AND ALL OTHER Primary ReAO+�ing �cer Thomasser, Robert L Name of IocatiONbusiness: Primarysquad: �gp Locationofincident:g76CONCORDIAAV Secondary2portingofficer. ST PAUL, MN 55104 ,approver. Kane, Patrick Distnct: �1/gstem Dafe & 6me of occurrence: O6/25/2009 20:00:00 to Site: 06/25/2009 20:00:00 Anesf made: Secondary oHense: Police OfficerAssaulted or Inju2d: Police 0/ficerASSisted Suicide. Cnme Scene Processed: OFFENSE DETAILS INVESTIGATE-AND ALL OTHER Attempt On/y: Appears to 6e Gang Refated: NAMES Suspect UNKNOWN Nickna orA/iases Nick Name: AJias: AKA First Name. Detai/s Sex: Phon Home: WoAc: AKA Lasi Name; Race: DOB: Hispanic: Age: from to Cell' Contact: Fax: Pager. ResiUent SYaius: Employmenf Occupation: Employer. SP954DESC260D3D Saint Pau1 Police Departmen+ 09-897 Page 2 ot 3 ORIGINAL OFFENSE / INCIDENI REPORT Complaint Num6er Refe2nce CN Date and Time of Report 09130119 Pnmary oftense� INVESTIGATE-AND ALL OTHER 06/27/2009 11:09:00 Idenfificafion SSN: Physicai Deseription US: Heighi. to Weighf: to Teeth: Offender In(o Arrested: DUI: Condition� license or ID#: Metric: Build: Skin: Eye Coior. Hair Length: Facial Hair: Blood Type: Pursuit engaged: Resistance encountered: Taken to health cara facility.� Violated Restraining Order. Medical re/ease obtained: Hair Color. Hair Type. SOLVABILITY FACTORS Suspect can be Identified: Photos Taken: Evidence Tumed Im Refated Incitlent: By . Stolen PropeKy Traceable: Praperty Tumed In: Lab Biologicai Analysis: Fingeipnnis Taken: Narcotic Analysis: Lab Comments: /tems Fingerprinted: Participants: Person Type: Name: Address: Phone: Suspect NARRATIVE Squad 180 (Thomasser) visited the Legion Bar, 976 Concordia, to pick up a video the bar was unable to provide on 6/24/2009. While in the bar and speaking with the manager, Leonard LNU, i noticed there was a woman setup in the S/W corner of the first floor bar area. I saw her managing what appeared to be e4ectronic equipment and possibly a tumtable. She appeared to be a DJ providing the music and entertaining the bar. The music was loud and the room lights were lowered with brightly colored lights illuminated around the room. The atmosphere was similar to that of a dance club. These facfs were reported due to the belief the club was neither permitted nor licensed to have live entertainment. License State: SP954DE5C260WD 09-897 Saint Paul Police Department Page 3 of3 ORIGINA� OFFENSE 1 INCIDEN i REPORT Complaint Number Reference CN Date and Time of Report 09130119 06127/20Q9 11:09:00 Primary offense: INVESTIGATE-AND ALL OTHER A copy of this report should be fonvarded to DSI and Sergeant Schoen in Vice for review. PUBLIC NARRATIVE Noted license violation at the Legion Bar, 976 Concordia SP954DESC260D3D 09-897 American Legion Post 606 Attucks-Brooks 975 Concordia Avenue St. Paul, MN 55104 3uly 26, 2009 Department of Safety and Inspection Attn: Rachel Tierney, Asst. City Attorney 400 City Hall & Court House 15 W. Kellogg Boulevard Saint Paul, Minnesota 55102 RE: Notice of Viotation Response Dear Rachel Tierney, Assistants City Attorney, On July 15, 2009 our Organization received the Notice of Violation. The Department of Safety and Inspections (DSI) has recommended adverse action against our license based on failure to comply with the following conditions: 1- Condition #11 Security personnel shall "wand" each member and guest and check all handbag carried by each member and guests. Members and guest re-entering the establishment shall be subject to the same security measures as customers entering the establishment for the first time. Response: From our organization understanding was that this condition was to start at 9:OOpm. We accept the responsibility of not enforcing this prior to 9:OOpm. We felt that we were being pro-active by having our Door Security starting at 4:OOpm, but failed to ensure that they should be also wanding. Correction: We held a mandatory meeting with all Door Security and the Correction Response Unit. We also created another shift to ensure that the establishment was covered and to enforce the wand procedure.