10-66Council N�le # 0 �(jJ (�
Green Sdeet # '�j�) �{ ' �j'�
OF
Presented by
MINNESOTA
l�
1 WHEREAS, adverse astiop���t'aken against alllicenses held by GKTC Corp., d/b/a The Lucky
2 Foxx Baz & Grill (License ID#20030005015) for the premises located at 731 Randolph Avenue in Saint
3 Paul by Notice of Violation dated December 16, 2009, alleging licensee purchased alcohol from another
4 retailer for the purpose of resale in violation of Minn. Stat. §340A.415; and
WHEREAS, per Saint Paul I,egislative Code §310.05(m)(2), the licensing office recommended a
$500.00 matrix penalty; and
WHEREAS, licensee did not respond to the Notice of Violation to pay the $500.00 matrix penalty
10 or request a hearing; and
11
12 WHEREAS, the Notice of Violation stated that if the licensee failed to pay the $500.00 matrix
13 penalty or request a hearing by December 28, 2009, that the matter would be placed on the consent agenda
14 to impose the recommended penalty; now, therefore, be it
15
16 RESOLVED, that GKTC Corp., d/b/a The Lucky Foxx Bar & Gril] is ordered to pay a matrix
17 penalty of $500.00 for purchasing alcohol from another retailer for the purpose of resale in violation af
1 S Minn. Stat. §340A.415. Payment of such penalty shall be made within thirty days of the date of the
19 adoption of this resolution.
Bostrom
Cazter
Harris
Adopted by Council: Date
Yeas 13ays Absent Reques by Depaztment of:
� �'E/ � �.AL � l/Yt�
Adoption Certifie by Coyacil Secretazy
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BY ` /�
Approv by ay Date L Z� fU
By:
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Form Approv by City Atorne�
By: c/�� 1 � � .'
Form Ap rov by ay for Su ni ion to Council
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
i DepartrneM/Office/Council: ! Date Initiated: � ` D/ � �
� 5 _Depf.ofSafety&fnspec[ions I 11JAN2010 � Green Sheet NO: 3094977
� Contact Person & Phone:
� Virqinia D. Palmer
266-8710
�; Must Be on Council Agenda by
; 2a�aN-� o/ r:.-,� n� �
i Doa Type: RESOLUTIOP!
� — _
E•DOCUment Required: Y
DocumeM Corrtack Julie Kraus
Contact Phone: 26SS776
� ■�► ' °
� 1
� Assi9n i 2
F Number
For 3
�� Routing ��I 4
Ofder + 5
ToWi # of Signature Pages _(qip All Locatians for Signature)
Action Requested:
Approval of the attached resolution to take adverse action against all licenses held by GKTC Corp, dlbfa The Lucky Fo�c Bar &
Grill {License ID#20030005015) for the premises located at 731 Randolph Avemie in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
GIB Committee
Civil Service Commission
Personal5ervice Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this depaRment?
Yes No
2. Has this personlfirm ever been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain ali yes answers on separate sheet and attach to green sheet.
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Licensee purchased alcohol from another retailer for the purpose of resale in violafion of Minn. Stat. Section 340A.415. Afrer
notification, licensee did not respond to the Notice of Violation.
AdvanWges If Approved:
Imposition of $500.00 matrix penalty.
Disadvantages If Approved:
Disadvantages If Not Approved:
Total qmount of
Transactian:
Funding Source:
Financial Information:
(Expiain)
CostlRevenue Budgeted:
Activity Number:
January 11, 2010 11:13 AM Page 1
OFFICE �. THE CITY ATTORNEY
John J. Choi, CityAttomey
jo-C�t.�
SAfNT
"^°L CITY OF SAINT PAUL
� Civil Division
Chnstophe� B. Colemaq Mayor 400 Ci7y HaD Telephone: 657 266-8710
15 West Kellogg Blvd. Facs�mile: 657 298-5879
AAAA Saint Paul, Minnesota 55702
December 16, 2009
NOTICE OF VIOLATION
Gloria Caselius
The Lucky Foxx Bar & Grill
731 Randolph Avenue
St. Paul, MN 55102
RE: All licenses held by GKTC Corp., d!b(a The Lucky Foxx Baz & Grill for the premises
located at 731 Randolph Avenue in Saint Paul
License ID #: 20030005015
Dear Ms. Caselius:
The Depaztment of Safety and Inspections will recommend that adverse action be taken
against ali licenses held by GKTC Corp., d/b/a The Lucky Foxx Bar & Grill for the premises located
at 731 Randolph Avenue in Saint Paul. The basis for the recommendation is based on the following
information:
On October 22, 2009, a Special Agent for the Department of Public Safety
Alcohol & Gambling Division came to your establishment for an inspection.
During the inspection, he discovered that you were delinqueot in your taxes
since April of 2009 and that you purchased alcohol from another retailer for the
purpose of resale in violation of Minn. Stat. §340A.415.
On November 2, 2004, you were sent a NOTICE OF AGENCY ACTION from
the Department of Public Safety Alcohol & Gambling Aivision regarding this
violation and stating that they were imposing a civil �ne in the amount of
$200.00. You were given until November 22, 2009 to pay the $200.00 �ne.
On November 24, 2009, St. Paul Police received information from the
Department of Public Safety Alcohol & Gambling Division regarding this
violation (CN 09-250-227). The information was then sent to the Department of
Safety and Inspections for possible adverse action.
Based on tl�is information, per Saint Paul I.egislative Code §310.Q5(m) (2) the licensing
office will recommend a$500.00 matrix penalty.
Affirmaqve Ac[ion Equa] Opportunity Empioyer
The Lucky Foxx Baz & G
December 16, 2fl09
Page 2
At this time, you have three options on how to proceed:
(C�—Ce �
1. You can pay the recommended $500.00 matrix penalty. Tf this is your choice, you should
make payment directly to the Department of Safety and Inspections at 375 Jackson Street,
Suite 220, St. Paul, Minnesota 55101-1806 no later than Monday, December 28, 2009.
Information should be directed to the attention of Christine Rozek. A self-addressed
envelope is enclosed for your convenience. Payment of the fine will be considered to be a
waiver of the heazing to which you aze entitled.
2 If you wish to admit the facts but contest the penalty, you may have a public heazing
before tbe Saint Paul City Council, you will need to send me a letter wiCh a statement
admitting the facts and requesting a public hearing. We will need to receive your letter by
Monday, December 28, 2009. The matter will then be scheduled before the City
Council for a public hearing to determine whether to impose the $500 matrix penalty.
You wi11 have an opportunity to appear before the Council and make a statement on your
own behalf.
2. If you dispute the above facts, you can request a heazing before an Administrative Law
Judge. At that heazing both you and the City will be able to appeaz and present witnesses,
evidence and cross-examine the other's witnesses. The St. Paul City Council wili ultimately
decide the case. If this is your choice, please advise me no later than Monday, December
28, 2009, and I will take the necessary steps to schedule the administrative hearing.
If yon have not contacted me by that date, I wili assume that you do not contest the
imposition of t}►e $500.00 matrix penalty. In that case, the matter will be placed on the City
Council Consent Agenda for approval of the recommended penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely, �
1
�/ � �.��� ��w��.�
Virginia`�. Palmer
Assistanr City Attorney
cc: Christine Rozek, Deputy Director of DSI
Betty Moran, Community Organizer, West SeventhlFort Road Federation
974 West Seventh Street, St, Paul, MN 55102-3520
Affirma[ive Action Equal Opportunity Employer
STATE OF MAVNESOTA
� �s.
COUNTY OF RAMSEY )
AFFIDAVIT OF SEk .10E SY U.S. MAIL
� f0
Julie Kraus, being first duly swom, deposes and says that on the d��day of
December, she served the attached NOTICE OF VIOLATION by placing a true and conect
copy thereof in an envelope addressed as follows:
Gloria Caselius
The Lucky Foxx Baz & Grill
731 Randolph Avenue
St. Paul, MN 55102
Betty Moran, Community Organizer
West SeventhlFort Road Federation
974 West Seventh Street
St. Paul, NIN 55102-3520
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
3uli aus
Subscribed and sworn to before me
this � ay of December, 2009
No y Public
RITA M. BOSSRRD
h'OTARY PUBUC - MINNESOTA
MY COMMISSION
EXPIRES JAN. 31, 20 f 0
Chapter 310. Uniform Licens - ocedures Page I of 3
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(m) Presumptrve pena/ties for certain violations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, the length of 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 total fine amount for violations of § 331A
may exceed the maximum fine outlined below due to multiple violations in one (1) appearance.
Atl penalty recommendations for chapter 331A violations shall be based on the tood 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 compelling reasons making it more appropriate
to do so. When deviating from these standards, the council shalf 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 legisfative code relating $500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity fine suspension
(3) Violation of provisions of
the legislative code reiating $2,000.00 fine
to the licensed activity, �500.00 fine $1,000.00 and 10-day Revocation
other than viofations of the fine suspension
food code
(4) Failure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension
DSI inspector or police suspension
(5) Commission of a crime
other than a felony on the 5-day Revocation
premises by a licensee or $7���0� $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 employee
(7) Death or great bodily 30-day 60-day
harm in establishment suspension suspension Revocation nia
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.�0 $500.00 day
suspension
(10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under 331 A
(i) Fines payable without hearing .
Chapter 310. Uniform Licens 'ocedures Page 2 of 3
� p-(� (�
A. Notwithstanding the provisions of section 310.05(c), a licensee who would be
making a first or second appearance before the council may elect to pay the fine
to the Department of Safety and Inspections without a council hearing, unless the
notice of violation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fine amount.
Payment of the recommended fine wii{ 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 Councif. 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 wifl be considered an
"appearance" for the purpose of determining presumptive penalties for
subsequent violations. A non-critical violation under chapter 331A shall not be
considered an "appearance" for purposes of determining presumptive penalties
for non-331A violations. A council hearing is required if the Department of Safety
and Inspections recommends a fine that is an upward departure for the amount
outlined above.
(ii) Multiple violations. At a licensee's first appearance before the c+ty 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 formaf notice of hearing. The councii in that case shali consider
the presumptive penalty for each such violation under the "1st Appearance" column in
paragraph (b) above. The occurrence of multiple violations shall be grounds for
departure from such penalties in the council's discretion.
(iii) Violations occurring after the date oi 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 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 councif. The same procedures shalf apply to a second, third or
fourth appearance before the council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
council by a particular licensee, the council shall impose the presumptive penalty for the
violation or violations giving rise to the subsequent appearance without regard to the
paRicular 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 relation to any violation 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 iicensee 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 licensee has appeared before the council on two (2) previous occasions
Chapter 310. Uniform Licens 'ocedures
Page 3 of 3
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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 vioiation that
gave rise to the first appeasance 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 ficensee again appears before the council for a viofation 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 establishment that is related to a violation of the law or license
conditions shail 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 i� a ficensed 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. 45-180, § 1, 4-6-05; C.F.
No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. 07-
1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08)
�o�� �
MINNESOTA STATUTES 2009 340A.415
340A.415 LICENSE REVOCATION OR SUSPENSION; CIVII. PENALTY.
On a finding that the license or pemrit holder has (1) sold alcoholic beverages to another
retail licensee for the purpose of resale, (2) purchased alcoholic beverages from another retail
licensee for the purpose of resale, (3} conducted or permitted the conduct of gambling on the
licensed premises in violation of the law, (4) failed to remove or dispose of alcoholic beverages
when ordered by the commissioner to do so under section 340A.508, subdivision 3, or (5) failed
to comply with an applicable statute, tule, or ordinance relating to alcoholic beverages, the
commissioner or the authozity issuing a retail license or permit under this chapter may revoke
the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of
up to $Z,000 for each violation, or impose any combination of these sanctions. No suspension
or revocation takes effect until the license or permit holder has been given an opportunity for a
heazing under sections 14.57 to 14.69 of the Administrative Procedure Act. This section does
not require a political subdivision to conduct the hearing before an employee of the Office of
Administrative Hearings. Imposition of a penalty or suspension by either the issuing authoriry
or the commissioner does not preclude imposition of an additional penalty or suspension by the
other so long as the total penalty or suspension does not exceed the stated maximum.
History: 1985 c 248 s 70; 1985 c 305 art 6 s 15; 1985 c 309 s 11; ISp1985 c 16 art 2 s 3
subd 1; ISp1986 c 3 art 1 s 42; 1987 c 152 art 1 s 1; 1987 c 310 s 12; 1988 c 534 s 2; 1991 c
249 s 19; 1993 c 350 s II, 1994 c 611 s 23
Copyright � 2009 by the Revisor of Statutes, State of Mmnesota. All Rigltts Reserved.