10-283Council File # 10-283
Green 5heet # a��j
RESOLUTIUN ��
CfTY O,F�SAINT P�L, MINNESOTA
Presented by
WHEREAS, adverse action was taken against all licenses held by Khai Hoan Billiard d!b/a Khai
Hoan Billiard (License ID#2�0600�3685) for the premises located at 2422 University Avenue West in
Saint Paul by Notice of Violation dated January 15, 2010, alleging that on December 17, 2009, during an
alcohol and tobacco compliance check, Saint Paul Police entered the licensed establishment and observed
patrons gambling, smoking and drinking alcoholic beverages in violation of license condiCions #8, #9 and
#10; and
8 WHEREAS, due to the number of violations to license conditions, per 5aint Paul Legislative Code
9§310.05 (m) (1), the licensing office requested an upward deparCUre of the matrix penalty and
10 xecommended a ten (10) day suspension and $2,000.00 matrix penalty; and
11
12 WHEREAS, licensee did respond to the I�otice of Vialation to request a public hearing whicb was
13 held on March 17, 2010, and now, therefore, be it
14
15 RESOLVED, that all the licenses held by the Khai Hoan Billiard dfb(a Khai Hoan Billiard aze
16 hereby suspended for ten (10) days. Said suspensaon will begin at 12:00 a.m. on Wednesday, Apri17,
17 201Q until 12:00 p.m. on Ftiday, Apxil 16, 2010.
18
19 FURTHER RESOLVED, Khai Hoan Billiazd dfbla Khai Hoan Billiard is hereby ordezed to pay a
20 matrix penalty of $2,000.00. Payment of such penalty shall be made within thirty days of the date of the
21 adoption of this resolution.
?Z
23 This resolution, and action takev above, is based upon facts contained in the 3anuary 15, 201Q
24 Notice of Violation sent to the licensee and the arguments made at the public hearing on March 17, 2010.
Form
�
Adoption Certified by CouncjkSecretary Form
�/7 i���
BY= !Y //fBiJ� �t.Y�c'Sb/J By:
Approved ay � Date � ZZ ��
By:
10-283
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sneet
.� DepartmertVQfftcelCouncil: Date Initiated:
f S � _Dept.oFSafety&Inspections i Zg�AN2010 M Green Sheet NO: 3097Q96
Contact Person $ Phone:
Virqinia D. Palmer
26&8710
� Must Be on Gouncil
; 17-MAR 10 �
Doc. Type; RESOLUTION
i ■�/ ;
Assign
by (Date�: � Number =
� . For i
Routing
�
� Otder !
E-Document Required: Y
Docume�t ContaM: �ulie Kraus
Contact Phone: 266-8776
0
i
2
3
4
5
��
Totai # of Signature Pages _(Clip A{I Locations for Signature)
Action Requestad:
Approval of the attached resolution to take adverse action against all the licenses held by Khai Hoan Billiazd dlb/a Khai Hoan Billiazd
(License ID#20060003685) for the premises located at?A22 Universiry Avenue West 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 personJfirm ever worked under a contraci for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does ihis QersoNfirrn possess a skill not normally possessed by any
current city employee?
Yes No
Ezplain all yes answers on separete sheet and attach to green sheet.
Initiating Pcoblem, lssues, Opportunity (Whq What, When, Where, Why):
During an alcohol and tobacco compliance check in the neighborhood, St. Paul Police entered the licensed establishment and observed
patrons gambling, smoking and drinking alcohol beverages in violafion of license conditions #8, #9 
. After nolification, licensee
requested a public heazing.
Advantages If Approved:
10-day suspension and imposition of $2,000.00 matrix penairy
Disadvantages If Approved:
None.
DisadvanWges If NotApproved:
Total Amount of
TransaMion:
Funding Source:
Financial Information:
(ExpWin)
CosURevenue Budgeted:
Activity Number:
February 2, 2010 10:39 AM Page 1
10-283
OFFICE OF THE CITY ATTORNEY
John Choi, Giry Attomey
SwtNT
""°� C1TY OF SA1NT PAUL CivdDivision
� Chnstopher8. Coleman, Mayor 400CityHall Telepho�e: 65t 266-8770
15 West Kel(ogg Blvd. Facsimile: 651 298-5613
AAAA Saint Pau1, Minnesota 55t02
February 2, 2010
NOTICE OF RESCHEDULED COCJNCIL HEARING
Thu Trinh
Khai Hoan Billiard
2422 University Avenue West
St. Paul, MN 55114
RE: Ail licenses held by Khai Hoan Billiard d/bia Khai Hoan Billiard for the premises located at
2422 University Avenue West in Saint Paul
License ID #20060003685
Dear Thu Trinh:
Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting has
been rescheduled for Wednesday, March 17, 201Q 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 progosed resolufion and other documents which will be presented to the City
Co�ncil for their consideration. This is an uncontested matter conceming the fact that on December 17, 2009, duri�g
an alcohol and tobacco compliance check in your neighborhood, Saint Paul Police entered youx establishment and
observed patrons gambling, smoking and drinking alcoholic beverages in violation of license conditions #8, #9 &
#10. This matter has been placed on the public hearing agenda portion of the City Council meeting during which
public discussion is allowed. Due to the number of violations to your license conditions, i�e licensing office will
request an upwazd departure from the penalty matrix and recommend a ten (10) day suspension of your licenses and a
$2,000.00 matrix penalty.
If there is anv informarion vou would like Citv Council to review prior to the public hearine I wi11
need to receive it no later than Mondav, March 8. 2010. PLEASE NOTE: If vou feel vou will need an
interpreter, vou will need to brin2 one with vou to the aublic hearina.
Sincerely,
�t �� �i"'�w� �� ni�..�
Virginia�. Palmer
Assistant City Attorney
cc: Chrisfine Rozek, Deputy Director of DSI
�Iary ErSckson, Council Secretary
Thu Trinh, 2244 Skillman Avenue, Apt. 201, St. Paul, MN 55104
Renee Lepreau, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Avenue,
St Paul, MN 55114-1599
Affumaave AcROn Equat Oppoctumty Employet
STATE OF MINNESOTA)
) ss
C�UNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
10-283
Julie Kraus, being first duly swom, deposes and says that on the�n �'�_ day of
Febmary, she served the attached NOTICE OF RESCHEDULED CdUNCIL HEARING by
placing a true and conect copy thereof in an envelope addressed as follows:
Thu Trinh
Khai Hoan Billiard
2422 University Avenue West
St. Paul, NIlV 55114
Thu Trinh
2244 Skillman Avenue, Apt. 201
St. Paul, MN 55109
Renee Lepreau, Community Organi2er
St. Anthony Park Communiry CounciJ
890 Cromwell Avenue,
5t. Paul, MN 55ll4-1599
(which is the last known address of said person} depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�� � t � _ � � q )
6. � ` �.�i A AA},�,� d
t
Julie aus
Subscribed and sworn to before me
this�day of Rebruazy, 2010
N� L� ���
ublic
RITA M. BOSSAftp
iqTAR'f VUBLIC.MNNESOfA
MY COMf�AiSSION
OCPIRESJAN.31,2015
10-283
Licensee Name:
Address:
Council Date:
UNCONTESTED LICENSE MATTER
Khai Hoan Billiard
2422 University Avenue West
St. Paul, MN 55144
Wednesday, March 17, 2010 at 5:30 p.m.
Violation: During an alcohol and tobacco compliance check in the
neighborhood, Saint Paul Police entered the licensed
establishment and observed patrons gambling, smoking
and drinking alcoholic beverages in violation of license
conditions #8, #9 and #10.
Date of Violation: December 17, 2004
Recommendation of Assistant City Attorney on behalf of client, Department of
Safety and Inspections:
Ten (10) day suspension and a$2,000.00 matrix penalty
(DSI requesting upward departure due to number of violations)
Attachments:
1. Proposed resolution
2. License Group Comments Text from ECLIPS system dated 1/1U10
3. License Group Conditions Text from ECLIPS system dated 12/22/09
4. Original OffenselIncident Report (CN #09-266-789) dated 12/17/09.
5. 5upplemental Offense/Incident Report (CN #09-266-789) dated 12l17J09
6. Photographs taken at the licensed premised on 12117/09
7. Notice of Violation with Af�davit of Service dated 1J15{10
8. Letter faxed from licensee requesting a public hearing dated 1125/10
7. Saint Paul Legislative Code §310.05 (m) (1}
10-283
License Group Comments Text
licensee: KHAI HOAN BIILIARD
DBA: KHAI HOAN BiLLIARD
License #: 20060003685
01/11f2p10
0 V17/2010 7o GAO for adverse action CAR
12l18l2009 CN 09266789 indicafed that dnnking, gambiing, and smokmg is takmg place in tMs estabhshment Since ihere were three violations, DSI is
recommending an upward departure from the penalty matrix to the penalty for the hrd violation - 52000 fine and 70 day closure CAR
11l182008 51,000.00 rcvd for fine. ES
'f 1/06/2008 Notice of Violation for smoking on the premises. Given to 11/17/2008 to respond. CAR
10l30l208 To CAO for adverse action. CAR
10/29/2008 EH inspector observed smoking m this esta6hshment - again. 7his is the second wolahon withm 72 months 51000 matnx penalty 370(m)(2;
CAR
D�/172008 5500 00 rcvd for fine. ES
12l2�/2007 To CAO for adverse adion CAR
12/20/2007 CN072503'17 indiCates that smokmg is taking place m this pool hail m violation ot the state smoking ban and city ordmance $500 matrix
penalry CAR
05t07t2007 In comphance wAh cond, lic �ssued. JWF
04/23(2007 Verbal orders issued to hang approved "Ban Guns" sign at front and rear doors Curtent Sign does not comply with Stafe Statute. JWF
04/5612007 Received documentation trom Thu Trinh purchased business Khai Hoan Biliiard, and has nghts to operete under assumed name Khai Hoan
Btlliard. Changed licensee name and dba name. JWF
0327f2007 L.M for Mtcfiael Weidner to contact me, antl sent him email to ver"rfy rf sbll representing license applicant JWF
03/14/2007 L M. for Michael Weidner to contact me regarding matter. JWF
0212672007 Told Michaef Weidner (legal representative) business owner must submtt executed purchase agreement for business, obtam EH mspection.
and pay EH inspection fee before license may be issued. JWF
02115/2007 Recerved signed condtion affidavit JWF
02/09/2007 Mailed copy of new affidavR antl request for additional informaGon to licensee, and his representative Response tlate 02116l20�7 JWF
01/30l2007 Record check being run on applicant, hold for issuance of I�cense until completed Gave copy of following CRy Ordmance to licensee at Leg
Hearing� Ch 322 & 270; Sec 409 06, 225 07, & 310.05. JWF
12/07/2006 Received signed conditions a�davii. RS
12/04/2006 Notrficahons sent, response date Ot/05/2D07; 35M and 35EM gb
10-283
Address Licensee p� � License �" Cardhoider �
3
Licensee Name: HAI HOAhJ BILLI.4RD
D@A: KHAI HOAN HILLIARD
Sales Tax Id: ��
Futd Nav�r
UK �
1
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Fd�w Search�
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I by"13 KI'7AV Y7V.u.IV tl1LLIf�KV KI'if h1Vf CILLILIKU xlarm Permi[ (New) _ �ActiuE Aii f2equireme
_. _..._` _.__.._._...__. .....___.... ..__..__... _ . ......... ....,.. ._...__ . .-_.._�... _ ,._._._,. __._..
� KHAi HOAN BILLIARD ItHAi HOAN BILLIARD Paol R 6iiliard Hall Achue LirPnse Prir�tE
_ .. .. ._.__..._ . _ _ _ ..,.. . . ,_ _ . ._ .. __.. .
___ Restaurarrt (A) - 0-12 seats Canceled 11 H 7t2008 C
License 3 Licensee � Lic. Types � Insurance
1
� Prope�t� �' Licensee � Unofficial
5treet #: 422
Street Name: NIVERSITY
Street Tqpe: � AVE 6irection: �1
Linit ind: � Unft #; �
City: T F�.UL
State: N Zip: 55114"
vVard 4� �
Dist Council: 12
Licensee: �{HAi HOAN 61LLIARD
C�BA: HAI H0.4N 81LLIARD
Sales Tax Id: 594773 6us Phone:�51) 642-9148
srm Permit (New)
�f '� Biiliard Hali
staurarrt (A) - d-12 seats
R
N
R
HflAN 81LLIRftG
� Bond � Requiremerrts �
Project Facildatar: SOI.EY, REIQ �
Adverse Action CommeMs
1 M 7f20D8 CF #07-967 - Change in license type from
,estaurar�-R to Restaurarrt-1. LAB
License Graup Camme
1/18f20D8 $1,000.00 rcvd for fine. ES �
1 lOBf2008 Notice of 'diolation for smaking o� the
remises. Given to 11117lZ008 tv respond. CAR
OI3DJ208 To CAO for adverse ar.tion. CAR
Ol29lZOO�t EH.in�pector observed smokinq in thi�
Licensee
Commerrts: � �
12t31 f2006 ' 12f3112010 :
1 Zt31 t2006 ' 12I31 !2(71(7 :
12t31f2DD6 '- 12f31I2D08 `
Lie�ns� #�76�]D03&85 Save Changes ia History
10-283
N $27.00'
N $178.00,
N $�i00.00'
, ���;
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C�ncef ' H�7p
10-283
License
Licensee � Lic T e^ � Insurance �
Licensee Name: �th
D9A: �F
5ales Tax Id: 4�S
AA Corrtract Rec'd: �C
�.A Fee Callected: 7�0
Other Aaencv Licenses
� � .
H4AN BILLIARD
Licensee
DBA
Bond
Er..��nr�,.. �
Properties...
IAI tiOAN 81LLlAR6
IAI HOAN BILLIARD
� Requiremerrts �
3 Nan-Profit: � Vsforker's Comp: 1 M �f201 �
100 AA Training Rec'd: ONDA7000
]�� Discour�t Rec'd: (�
Name S Licerrse
Financial Hol Reasons
Reasan Act+�+e _ �ate _
�-Mail License To: --
� �' Mail Te Carrtact
� Lice�se Addres_
# Mail Invaice Ta: —
# � Mai1 To Corhact
� +� License Addres:
Lic�ns� #
�ave �nanges
��� �
Bsckground �`.heck Required �`' ����� pr ' �� _. �
�fl. . -
10-283
License Group Conditions Te#
Licensee: KNAI HOAN B{LLIARD
� KHAI HOAN BILLIARD
License #: 20060W3685
72/22/20W
1. The parking lot must 6e kept free of fitter.
2. Management must call the police to report problems.
3. There shall be no weapons on the premises at any time antl the licensee shali observe the same restriclions regarding weapons as liquor
establishments, as cantamed in paragraph 409.06(o) of the Saint Paul Legislative Gode.
4. The licensee shall prominently post signage at all entrances stating the operffior bans guns in these premises per Minnesota State Statute Section
624.774 Subd.�7, or other applicabie regulations.
5. No gang colors shall pe allowed to be wom by the pahons on the liceosed premises. Signs shall be posted to this effect and the licensee shall consult
with the Saint Paul Police to determine how to identify gang colors.
6. Adequate lighting for rear parking lot must be maintained.
7. The licensee shall make sure that there are no minors present in the esYablishment in violation of Saint Paul curtew restrictions, and shall prominently
post signage at ati entrances stat�ng °ITS THE LAWf City of Sai�t Paut Curfew for Juveniles - Age 14 or younger Home by 10 p.m. (Fri. & Sai. by 71 p.m.)
- Age 15, 76, 77 Home by 12 a.m. MidnighY'
8. No smoking is permitted in this establishment.
9.The licensee shali not keep,possess or operate, or permit Yne keeping, possession or operation of any gambling divice or apparatus, nor permit any
gambling on the licensed permises. Cards, gaming tables, dice or other games of chance are prohibited from being set up,used , or kept on the I�censetl
premises.(City Ordinance Section 270.02)
10. No intoxicating liquor shail be consumed or provided on the licensed premises unless the proper license is obtained.
11. The licensee shall limit food offerings to those items which are specifically approved by City of Saint Paul Environmental Health based on Ciry
Ordinance Chapter 331A and appficable State Sfatutes.
12. The Iicensee acknowledges that under Section 322.03 ot the Saint Paul Legislative Code this establishment shall be closed between the hours of 12
a m. (midnight) antl 7 a.m.
10-283
Saint Paul Police Department Pa '°`4
ORIGfNAL OFFENSE ! 1NCIDENT REPORT
CcmplainF Number Reference CN Date and Time of Repoq
09266789 12/18{2009 14:15:00
Pnmary offen5e'
GAMBLING-MISC GAMBLING VIOLATIONS
Primary Reporting �cer. Schoen, David A
Pnmary squad: 7g2
Secondary reporting o�ce�:
approver: Schoen, David
Dist�ict: �h/gSt2R1
Slte:
Arrest made:
Secontlary otfense:
Nicknames or Aliases
Nick Name:
Alias:
AfCA F[rst Neme:
Police O�cer Assa Wted or Injured: Po/ice OffcerAssisted Suicide;
Crime Scene ProceSSed:
OFFENSE DETAILS
GAMBLING-MISC GAMBLING VIOLATIONS
At[empt Only: Appears 2o be Gang Re/ated:
NAMES
Other
Petail
Sex. Mafe
Ph o n es
Home:
Wortc:
Ho, Cuong Dung
ST PAUL, MN
AKA Last Name:
Race. Asian DOe: g(7(�973
Hispanic: Age: 3g fvom to
CeU:
Fax:
Name oilocation/business:
Loca6on ofincident 2422 UNIVERSITY AV W
ST PAUL, MN 55'114
Date & time oi occurmnce: 7 2/18/2009 17:55:00 to
12/18/20Q9 17:55:OQ
Contact:
Pagec
ResidentStatus:
Employmenf
Occupafion. Empfoyer
b
SP954DE5C26aD3D
10-283
Saint Paui Police Departmeni P a 9 e z°'4
ORtGiNAL OF�ENSE / INCIDENT REPORT
Complaint Number Reference CN Dafe and Time o/ Report
09266789 12/18/2009 14:15:00
Pnmary olfense'
GAMBLING-MISC GAMBLING VIOLATlONS
IdentiFcaSon
SSN: License or7Dtk License State�
Suspect Trinh, Thu Dinh
2244 SKILLMAN AV Apt 201
KNOWN ST PAUL, MN 55109
Nicknames or Afiases
Nick Name:
Afias,
AK.4 First Name: AKA Lasf Name:
Details
sex. p�a� Race: Asial7 DOB: 6/9/1965 Residenf Stafus:
Hispanic: Age: 4¢ from fo
Phones
Home
Work
Employment
Occupation:
Ce!/: 651
Fax:
Conlacf:
Pager
Employer.
F
ldentiFCation
SSN:
PhysiCal De s c rip G on
US:
Heighh tc
Weight: tc
Teeth:
Offentler/nfor
Arrested:
DUI:
Candition:
License or ID#.
Metrrc'
Buifd:
Skin:
Eye Color.
Pursuit engaged:
ResistanCe encoUnte2d;
Taken to health care facrfity:
Hair Length:
Facial Hair:
Blood 7ype;
Violated Restraining Order.
Medrea! release obtained:
License Sfate�
HairColoc
Hair Type:
SP954DESC260D3D
10-283
Saint Paul Police Department
Page 3 � q
ORIGINAL OFFENSE / 1NCIDENT REPORT
Comp/ant Number Reference CN Date and Time of Report
09266789
Primary offense
GAMgLING-MiSC GAMBLWG VIOLATIONS
12/1812009 14:15:00
SOLVABILITY FAGTORS
Suspectcan beldenlified:
Phofos Taken�
Evrdence Tumetl !n.
Related (ncideni.
Lab
Biological Analysis:
Narcotic Anatysis.
t,ab Comments:
By
Stolen PropeKy Traceatrle:
Pmperty Turned In:
Fingerprints Taken:
Items Fingerprinted:
Participants:
Person Type: Name: Address: Phone:
Other
Suspect
Ho, Cuong Dung
Trinh, Thu Dinh
ST PAUL, MN
2244 SKILLMAN AV Apt 201
ST PAUL, MN 55109
NARRATIVE
I, Sgt. Dave Schoen, am assigned to the Vice Unit. On this date, Sgt Bandemer &! did a series of alcohol and
tobacco compliance checks. We used checker's # 9&# 36 with date of births of 05128/91 & 03121/90
respectively. Both had pictured DL's with "Under 21" ciearfy printed in red, next to their pictures. Additionally,
we used checker SD, who was 17 yrs. old, for the tobacco checks. All checkers are trained to be honest,
courteous, and never attempt to deceive any one about their age.
On 12/17/90 at approx. 1755 hrs., Sgt. Bandemer & I had just left Lounge 28D, 241 & W. University and were
waiking back to our vehicle where our Checkers were waiting for us. We walked by the Khai Hoan Biiliard hali,
2422 W. University, and noticed a large group of A/M°s gathered around iwo tables in the back of the business,
there were at lest 15 men. There was a curtain partially blocking our view from the window as we passed on
the sidewalk. I have received and i�vestigated numerous complaints on this business about gambling and
smoking occurring inside. 7he men gathered at the tables and the absence of any pool players led me to
believe their was criminal activity occurring.
Sgt. Bandemer and I entered the business, we were in piain clothes. ! immediateiy detected the odor of
cigarette smoke as I walked inside. There was an A/M, later identified from his MN DL as Cuong Dung Ho,
081D7173; behind the counter. He became very nervous as we approached and walked toward the men
gathered at the two tabies, I said Hi and continued to approach the counter. No began to speak in Hmong and
attempt to alert the group that we were approaching. The group was faughing and speaking in Hmong and
appeared to be having a good time.
1 heid out my badge and 'hi boys°, the group was startied at our presence and began to scatter. i loudly stated
SP954DE5C260D3D
10-283
Saint Paul Police Department Pa9e 4° `"
ORiGINAL OFFENSE / INCIDENT REPORT
Complaint Number ReferenCe CN Date and Time of Repod
09266789 12/18/2009 14:15:00
Pnmary offen5e�
GAMBLiNGM{SC GAMBLING VIOLATIONS
that everyone needed to relax and not move, as i could now see US Currency on the table and inside a plastic
or glass bowl, some dicelcubes w/ Chinese symbols on them, liquid beverages which appeared to be beer.
There was cans with water in them and numerous cigarette butts inside the cans. Several men began to put
on their jackets as if they were going to leave, I announced again that everyone needed to relax and that no one
would be going to jail. Several men did leave and we did not attempt to stop them.
Sgt. Bandemer took pictures as I spoke with the owner, identified via his pictured MN DL as: Thu Dinh Trinh,
O6/09(65. I noticed Trinh's eyes were watery & bloodshot, and he smelled of beverage alcohol.
1 asked what game they were gambfing on, he stated it is called "Baucu". I told him that gambling, smoking,
and drinking alcohol, was not permitted in his business, and he acknowledged that he was aware of the
violations.
Trinh stated that Coung Ho did not work for him, he was just covering the counter while he played the game.
PUBLIC NAt2RATIVE
Various ficense violations, including gambfing.
SP954DESC26o�3D
10-283
Saint Pau{ Police Departmer page '°"
SUPPLEMENTAL OFFENSE / INCIDENT REPORT
Complainf Number Reference CN
09266789
Pnmary offense:
GAMBLING-MISG GAMBLfNG VIOLATIONS
Date and Time of Report
12/22/2009 08:42:00
Primary Reporting O�cer. Bandgry�gf, JOhtl T
Primary squad:
Secondary repodmg oKcec
Apptover
Dist�ict. 1 J�JeStBff1
Site.
Arrest made
Secondary oHense.
Police O�cerASSautted or injured:
Crime Scene Processed.
Name oflocafion/business:
Location ofincident p422 UNIVERSITY AV W
ST PAUL, MN 55114
Date 8 time of occurrence: 12/18/2009 17:55:00 to
1 2/18/2009 1 7:55:00
Police D�ce�ASSisted Suicide.
NARRATIVE
i, Sgt. John Bandemer, was working a Vice alcohol compliance check on 12(17/2009. While walking into a
business after a failure I looked into the window of Khai Hoan Billiards at 2418 W. University and saw several
men (12-20) all gathered around what looked like two tables in the back. The tables were at the very rear of the
building and one was blocked by a temporary wa11 of sorts. I saw that the men were very animated and raising
there arms in a celebratory manner. 1 first thought that they appeared to be gambli�g inside but was not sure.
Myself and my partner, Sgt Schoen, continued on to handle the first issue of the compliance faifure at another
business. When we were done we entered the biliiards hall.
Inside and stiH at the back tabfes were about 15-18 men, all of Asian descent, standing or sitting around tabtes
and they were loud and boisterous. As we walked toward them they did not see us. A worker came out of a
back room and started walk+ng toward them to warn them someone was in the building. The men staRed
walking away from the tables when they realized it was the police as we had our badges and identification out.
l saw that there was money on one of the tables. I started taking photo's of the area to include
-the money on the tabie
-burning cigarette on the tabie
-two coffee cans with water and cigarette butts in them behind the temporary wall, close to the tables
-two twefve packs of Neinekin beer in the back room
I downloaded the photos into the Vice folder on the Media drive. Sgt. Schoen taiked to the employee. After I
was out talking to Schoen f stepped back into the area in question and the money had been removed from the
table.
�UBLIC NARRATIVE
SP954DE5C260�3D
Saint Paul Police Departme�
SUPPLEMENTAL OFFENSE / INCtDENT REPORT
Complaent Num6er Refeience CN
09266789
Pnmary olfense.
GAMBLING-MISC GAMBLING VIOLATIONS
Page�
Date and Time of Report
12/22/2009 08:57:00
Primary Reportmg O�cer gandemer, John T
Pnmary squad:
Secondary �eporting o�cer.
App�over
Disfrict. �/�/eSiBflt
Site:
Anesf made.
Se c o n d ary offense
Police O�cer Assaulted or In�ured:
Ciime Scene Processed'
Name oflocation/business:
Location ofincident Zq22 UNIVERSITY AV W
ST PAUL, MN 55114
Date 6 time of occunence: � 2/18l2009 17:55:00 to
12/18/2009 17:55:00
Police OKce� Assisted Suicide.
NARRATIVE
It should also be noted that when I was looking around the tabie I saw several dice with Asian writing on them.
It was obvious to me that they were playing some sort of dice gambling game. I also smelled the cups on the
table that had liquid in them and there was one cup which had ice in it that smeiled of an alcohol beverage.
PUBLIC NARRA7IVE
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10-283
OFFICE OF TI3E CITY ATTORNEY
Jahn J. Choi, CityAttomey
SAINT
PAUL
�
AAAA
C1TY OF SAINT PAUL
Christophe� B. Coleman, Mayor
C�vil Division
400 Ciry Hall
15 West Keflogg Blvd.
Saint Paul, Minnesota 55102
Telephone: 651266-8710
Facsimile: 651298-5619
January 15, 2010
Thu Trinh
Khai Hoan Billiard
2422 University Avenue West
St. Paul, MN 55114
NOTICE OF VIOLATION
RE: Al] licenses held by Khai Hoan Billiard dlbia Khai Hoan Billiard for the premises located at
2422 University Avenue West in Saint Paul
License ID #20060003685
Dear Thu Trinh:
The Department of Safety and Inspections (DSI) has recommended adverse ac6on against a11 licenses held by Khai
Hoan Billiard d/b/a Khai Hoan Billiazd for the premises located at 2422 University Avenue West in Saint Paul. The basis
for this deternunation is as follows:
On December 17, 2009, St. Paul Police were conducting alcohol and tobacco compliance
checks in the area (CN #04-2b6-7S4). When they walked past your establishment and
looked in, they noticed a large group of people gathered around two tables in the back
with a curtain partially blocking their view from the window. Police decided to enter
your esfablishment based on the fact that they had received severai complaints in the
past regarding gambling and smoking occurring inside. When police entered the hall,
they could smell the odor of cigarettes. This is a violation of license condition #8 which
states: "No smoking is permitted in this establishment."
As they approached the table in back, they could hear a group of people laughing and
speaking in Hmong. When one the officers showed his badge and identified himself, the
group started to scatter. The officers could then see US currency on the table inside a
plas6c or glass bowl, dice%ubes with Chinese symbols on them and liquid beverages
which appeared to be beer. There were also cans of water with numerous cigarette
butts in them. This is a violation of license condi&on #9 which states: "The licensee
shaCl not keep, possess, operate or permit the keeping, pnssession or operation of any
gambling device or apparatus norpermit any gambling on the licensed premises. Cards,
gaming t¢bles, dice or other games of chance are prohibited from being set up, used or
kept on the licensed premises."
10-283
Khai Hoan Biliiard
7anuary I5, 2010
Page 2
Police then spoke to you and during the conversation they noticed that your eyes were
watery and bloodshot and you smelled of an alcoholic beverage. This is a violation of
license condifion #1� which states: "No intoxicaring tiquor shaIl be consumed or
provided on the licensed premises unless the proper license is obtained."
Police asked you what game you were gambling on and you stated �Baucu". 'I`he
officers then reminded you that gambling, smoking and drinlang alcohol was not
permitted in your estabGshment. You acknowled¢ed to the of�cers that vou were
aware of the violations.
Due to the fact that there were three license condition violations stemming from this particulaz incident, the
3icensing department will recommend an upward depazture from the matrix to a$2,000.00 penalty and a 10-day
suspension of your licenses per Saint Paul Legislative Code §31�.05 (m) (1).
At this time, you have two opdons 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 admitdng the facts and requesting a public
hearing. We wil] need to receive yonr ]etter by Monday, January 25, 2010. The matter will then be
scheduled before the City Council for a public hearing to determine whether to impose the $2,�00.0�
matrix penalty and ] 0-day suspension of your licenses. You will have an opportunity to appeaz before the
Council and make a statement on your own behalf.
2. If yo� 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 ultimately decide the case. Tf this is your choice,
please advise me no later than Monday, January 25, 2010, and I will take the necessary steps to schedule
the adminisuative hearing.
If you have not contacted me by that date, I will assume that you do not contest the imposition of
the $2,000.00 matrix penalty and 10-day suspension of your licenses. In that case, the matter will be placed
on the City Council Consent Agenda for approval of the recommended penaity.
Please note: You may be responsible for the cost of this adminisvative hearing per Saint Paul Legislative
Code §310.05 (k) Imposition of costs. LOThe council may impose upon any licensee or license applicant some or
ald of the costs of a contested hearing bsfore an independent hearing ex¢miner. The councit may impose a11 or
part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was
frivolous, arbilrary or capricious, made in bad faith, or made for the purpose of delay or har¢ssment;... (v) the
appticant or licensee was sufficiently in control of the situation and therefore could have reasonably avoided
the violation."
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
7 "' V GLX '�"^
Virginiai,�. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of DSI
Thu Trinh, 2244 Skillman Avenue, Apt. 201, St. Paul, MN 55109
Renee Lepreau, St. Anthony Park Community Council, 890 Cromwell Avenue
St. Paul, MN 55114-1599
Affirmative Action Eoual On�ortunitv Emnlover
STATE OF MINNESOT " �
, ss.
COUNTY OF RAMSBY )
AFFIDAVIT OF SE._ ✓ICE BY U.S. MAIL
10-283
Julie Kraus, being first duly swom, deposes and says that on the � 5 `''day of
January, she served the attached NOTICE OF VIOLATION by placing a true and correct copy
thereof in an envelope addressed as follows:
Thu Trinh
Khai Hoan Billiazd
2422 University Avenue West
St. Paul, MN 55114
Thu Trinh
2244 Skillman Avenue, Apt. 201
St. Paul, MN 55109
Renee Lepreau, Community Organizer
St. Anthony Park Community Council
890 Cromwell Avenue
St. Paul, MN 55114-1599
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Ver"`A� /�
Julie aus
Subscribed and swom to before me
this 0� �ay of January, 2�10
��'1
Not y Public
RRA M. 8083ARD
M7L1k1'Fl18LiC-Mtt�ESOTA
MY COMMSSION
E%PIRES JAN. 31, 20 1 0
10-283
From : Thu Triah
Khai Hoan Billiard
License ID # 20060003685
2422 University A.ve W.
5t. Pau1, NIN 55] 14
ro: Office of ihe City Attorney
PAX: 651.298.5619
Attention: Julie
Re: License condition violations
To the city attomey office, we ha��e received the Notice of Vioiation from rhe city
Aitoiney office, in the letter from what I can understand that it explain ofthe violation
On Dec, 17 2009.
At this time I would like to take an option one which admit to the fact uid contesi the
penalty and requesting a public hearing, please schedule the date of the heuing and let
me know and I will take the necessary steps to comply, Please schedule it before Feb 1
2414 due to mv coxnmitment to otl�er olan far at least 3 weeks af�er Fab I5�'. I can be
contact at che address above or you can call me at my phone # is 551.235.6543.
rn�,x5
Thu Trinh
License holder
JRN-25-2010 12=47 p.01
Chapter 310. Uniform Licen� °rocedures
10
Page 1 of 3
(m) Presumptive penalfies for certain violations. The purpose ofi this section is to establish a
standard by which the city council determines the amount of fines, the length of {icense
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 eacfi individual violation of § 331A. The totaf fine amount for viofations of § 331A
may exceed the maximum fine outlined below due to multiple violations in one (1) appearance.
All penalty recommendations for chapter 331A violations shall be based on the food penaliy
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 fiinds
and determ+nes that there exist substantial and compeNing 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.
TABLE INSET:
Appearance
Type of Violation
1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $2,000.00 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 relating $2,000.00 fine
to the Iicensed 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 suspension
DSI inspector or police
(5) Commission of a crime
other than a felony on the 5-day Revocation
premises by a licensee or $700.00 $1,500.00 suspension
employee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation n/a n/a
licensee or emp{oyee
(7) death or great bodify 30-day 60-day
harm in establishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(8) Failure to pay license Revocation
fees
(9) Critical violations under $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under331A
(i) Fines payab/e without hearing .
Chapter 310. Uniform Licen� 'rocedures
10-283
Page 2 of 3
A. Notwithstanding the provisions of section 310.05(c), a Iicensee 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 licensee is entitled, and will be considered an "appearance"
for the purpose of determining 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 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 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 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-331 A 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 formal notice of hearing. The council in that case shall consider
the presumptive penalty for each such violation under the "1si Appearance" column in
paragraph (b) above. The occurrence of multipie violations shall be grounds for
departure from such penalties in the council's discretion.
{iii) Violafions occurring after 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 council in an
uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee
admits to the facts, and shail 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
fouRh 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 violations giving rise to the subsequent appearance without regard to the
particular violation or violations that were the subject of the first or prior appearance.
However, non-critical violations of Chapter 331A shall not be counted as an
"appearance" before the Council in reiation to any viofation other than another violation
of Chapter 331A.
(v) Computation of time.
(1) If a licensee 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
Chapter 310. Uniform Licen °rocedures
10-283
Page 3 of 3
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 tfie 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 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 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 estabfishment that is related to a violation of the law or license
conditions shall be counted as a seco�d 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-
1653, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08)