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95-1026.� QRIGINAL RESOLUTION CITY OF SAINT PAUL, M Presented By Referred To 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Council File # 9 S �0�� Green Sheet # 33 �'{ � ( � `� ttee: Date WHEREAS, the City of Saint Paul, Department of Licenses, Inspections and Environmental Protection began an adverse action against all the licenses held by M.A.N, Inc., d/b/a the Bourbon Baz, at We premises located at 691 North Dale Street, Saint Paul, MN for faalure to maintain liquor liability insurance; and WHEREAS, on or about May 10 1995, the licensee was duly notified that an adverse acuon hearing had been set for June 6, 1995 before an Administrative Law Judge; and WHEREAS, the licensee did not appear at the June 6, 1995 hearing and the Administrative Law Judge declared the licensee to be in default; and WHEREAS, the Department of Licenses, Inspections and Environmental Protection then presented to the Administrative Law Judge that evidence which it believed supported the adverse action against all the licenses held by M.A.N. Inc. The matter was then taken under advisement pending the submission of proposed findings, conclusions by the Department of Licenses, Inspections and Environmental Protection; and WHEREAS, on June 30, 1995, the Administrative Law Judge subsequently served its Findings of Fact, Conclusions of L.aw and Recommendation on the Council of the City of Saint Paul; and WHEREAS, at a public hearing on July 26, 1995 to consider the Recommendation of the Administrative I.aw Judge, the licensee did appear with legal counsel and presented testimony on the recommendation of the Administrative Law Judge; NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul, after due deliberation based upon a11 the files, records and proceedings herein including the documents and e�chibits submitted to the Administrative L.aw Judge, the adoption of the Findings, Conclusions and Recommendation issued subsequent thereto and the arguments of the licensee at the public hearing, does hereby order: 1. That on-sale liquor license No. 8073Q in the name of M.A.N., Inc., d f b/a the Bourbon Bar, located at 691 North Da1e St, Saint Paui, MN is hereby suspended for a period of ten consecutive (10) days, with three (3) days suspended, commencing on �� e,,,,ber 1 G r \99 � 2. That pursuant to Saint Paul Legislative Code Section 409.26, the licensee sha11 pay a civil penalty in the sum of Five Hundred Dollars ($500.00) within"thirty (30) days of the adoption of this resolution. , • 1 2 3 4 5 6 7 8 9 10 3. That pursuant to Saint Paul Legisladve Code Section 310.05(k), the licensee shall pay costs of the contested hearing in the sum of one thousand six hundred eighty nine dollars and fourteen cents ($1,689.14) within thirty (30) days of the adoprion of this resolution. 4. That the Findings, Conclusions and Recommendation of the Administrative Law Judge sha11 be attached hereto and incorporated herein by reference. RS — t�.� A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee and the Administrative Law Judge. ��1��'��,� Requested by Department of: By: Adopted by Council: Date � /J � Form Approved by City Attorney Adoption Certified by Council Secretary B ��L Y� B y : —�—� Approved by s Approved by Mayor for Submission to Council By: 9,5 - loa C. DE ClY}' NT C011IICZ1 NCIL ° g�Z2j95 GREEN SHEE N° 3344� CONTACT PERSON & PHONE INITIAUDATE � i A ODEPARTMENTDIRECTOR �CINCOUNCIL Councilmember BIdIC2 266-8610 ASSIGN OqTVATTORNEY aCITYCLERK MUST BE ON COUNqI AGENDA BY (DATE) MUNBER fOR Q BUDGET DIRECTOR � FIN. & MGT. SERVICES DIR. ROUnNG AUGUST 3� 1995 OPDER OMAYOR(ORASSIS7ANn O TOTAL # OF SIGPlATISRE PAGES {CL1P ALL IOCATIONS FOR SiGNATURE) ACiION RE�UESTED: Finalizing City Council action taken on Suly 26,.1995, concerning adverse action against licenses held by M.A.N., Inc., dba Bourbon Bar, 691 North Dale St. RECAMn�ENDAi10N5: npprove fA) or Reject (F� pEfiSONAL SEHVICE CONTFiACTS MUST ANSWER THE POLLOWING pUEST10NS: _ PLANNING COMMISS�ON _ CIVIL SERVIGE CAMMISSION 1. Has this per5on/tirm ever worked under a cnntract for this department? _ CIB COMMITfEE _ �'ES NO _ STAFF 2. Has this personttirm ever been a ciry employee,? — VES NO _ oI57qICi COURi _ 3. Does this person/firm possess a skiil not normally possessed by any current city employee? SUPPORTSWHICHCOUNQL08JECTIVET YES NO Explain all yes answers on separate sheet an0 attach to green sheet INITIATING PROBLEM, ISSUE. OPPORTUNIN (Who. What. When, Where, Why). ADVANTAGES IFAPPflOVED. DISADVANTAGES IF APPROVED: OISADVANTAGES IFNOTAPPROVED. TOTAL AMOUNT OFTRANSAC710N $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIHG SOURCE ACTIVITV NUMBER FINANCIAL INFORMATION (EXPI.AIN) OFFICE OF 'I`HE CITY ATTORNEY TimoUry E. MarX Ciry Arto�ney �� ___� __� ii i CITY OF SAINT PAUL Nmm Colmwn, Mayor Civi2 Division 4Q0 Ciry Ha71 15 We¢ Keflogg Btvd Soint PaW, t4flnnewta SSZ02 Telephane: 612 266-8720 Factimile: 6l2 298-5619 August 22, 1995 o � � � �� Nancy Anderson �� 5�� City Council Research Center 225 City Hall RE: Wednesday, August 30, 1995 Council Aearing Items for Consent Agenda: M.A.N. Tnc. d/b/a Bourbon Bar Nancy: Attached is the signed resolution identifying the penalties imposed by the City Council on M.A.N. Inc. d/b/a Bourbon Bar. Please schedule this for the Consent Agenda for the Council Hearing on Wednesday, August 30, 1995. Thank you. Since ly, r, / � ti Peter P. P�--�----- Paralegal OFFICE OF THE CITY ATTORNEY TimaUryE. Mar� CiryAuomey ^ r �� ,� , Vt '1 �v CTTY OF SAINT PAUL Norm Coleman, Mayor July 5, 1995 Lee Neihart Man, Inc. dba The Bourbon Bar 691 North Dale Street Saint Paul, Minnesota 55114 Marjorie NavaYro Man, Inc. dba The Bourbon Bar 691 North Dale Street Saint Paul, Minnesota 55114 Civi! Divi.don 400 Ciry Nalt IS Weq Kellogq Blvd Saint Pau1, Minnesot¢ 55102 Telephone: 6Z2 2665770 Facsimite: 612 298-5619 RE: Licenses held by Man, Inc., dba The Bourbon Bar, 691 North Dale Street, St. Paul Dear Mr. Neihart and Ms. Navarro: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been scheduled for 3:30 p.m., Wednesday, July 26, 1995, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be reoeived or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, �.,��- Peter W. Warner Assistant City Attorney cc: Nancy Anderson, Assistant Robert ICessler, Director, Frank 5taffenson, Deputy Council Secretary LIEP Director, LIEP STATE OF MINNESOTA 9 5 _� Q L b OFFICE OF ADMINISTRATIVE HEARINGS 100 Wasfiington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 June 30, 1995 g �,•; '� " 'n } 8f��ea i��,•ma.�tn� L. Jli3 � � E�� Nancy Anderson Council Secretary Room 310 St. Faul City Hall St. Paul, Minnesota 55102 RE: In the Matter of the Licenses held by M.A.N. Inc., d/b/a the Bourbon Bar, far the Premises Located at 691 North Dale Street, St. Paul, Minnesota ; OAH Docket No. 69-2101-9695-6 Dear Ms. Anderson: Enclosed and served upon you is the Findings o£ Fact, Conclusions and Recommendations of the Administrative Law 7udge in the above-entitled matter. Also enclosed is the official record and we are closing our file. Sincerely, . . � �C <-�` � ' � STEVE M. MIHALCHICK Administrative Law Judge Telephone: 612/349-2544 SMM:Ic enclosure cc: Peter W. Warner Lee Neihart, Manager Providing Impartial Heanngs for Govemment and Ciitizzens An Equal Oppo Emp Administrative Law SecUon & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fau No. (612) 349-2665 95 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPTN) AFFIDAVIT OF SERVICE BY U.S. MAIL Louise C. Cooper, being first duly swom, hereby deposes and says that on the 3pth of June, 1995, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT CONCLUSIONS AND RECOMMENDATIONS• OAH Docket No 69- 2101-9695-6 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Nancy Anderson Council Secretary Room 310 St. Paul City Ha11 St. Paul, Minnesota 55102 Peter W. Warner Assistant City Attorney 400 City Ha11 15 West Kellogg Boulevazd St. Paul, MN 55102 Lee Neihart, Manager Man, Inc., d(b(a The Bourbon Bar 691 No. Dale St. St. Paul, MN SSll4 Subscribed and sworn to before me this 30th day of June, 1995 � Public G��C_ . Louise C. Cooper couNTv :Jan.31,20C 95 69-2101-9695-b STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In the Matter of the Licenses held by FINDINGS OF FACT M.A.N. Inc., d/b/a the Bourbon Bar, for the CONCLUSIONS AND Premises Located at 691 North Dale Street, RECOMMENDATIONS St. Paul, Minnesota The above-entitled matter came on for hearing before Steve M. Mihalchick, Administrative Law Judge, on June 6, 1995, at 930 a.m. in Room 40-A, St. Paul City Ha11 and Ramsey County Courthouse. Peter W. Warner, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul (the City). There was no appearance by M.A.N. Inc., d/b/a the Bourbon Bar (the Licensee). The record in this matter was closed on June 28, 1995, upon receipt of proposed findings from the City. This Report is a recommendataon, not a final decision. The St. Pau1 City Council will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations contained herein. Pursuant to St. Paul Legislative Code section 310.05(c-1), after receipt of this Report, the City Council shall provide an opportunity to present oral or written argument alleging error in this Report and to present argument related to any recommended adverse action. The parties should contact Nancy Anderson, Council Secretary, Room 310, St. Paul City Hall, to ascertain the procedure for filing exceptions or presenting azgument. STATEMENT OF ISSUE Whether Licensee's premises was open for business on Sunday, November 13, 1994, while its liquor liability insurance coverage had lapsed at 12:01 a.m. on November 13, 1994, and a new policy did not take effect until 12:01 am. on November 14, 1995. Based upon the recard herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Licensee holds City license number 80730 for on-sale and Sunday liquor sales at the premises located at 691 North Dale Street, St. Paul, Minnesota. 2. On or about October 11, 1994, Licensee was notified that its liquor liability insurance policy would be canceled effective 12:01 a.m. November 13, 1994. 3. Licensee did obtain a new liquor liability insurance policy, but the new policy did not take effect until 12:01 am. November 14, 1994. 95 4. Licensee was open for business on November 13, 1994. 5. The City, upon receiving notice of the lapse in insurance coverage, requested Licensee, both in writing and by personal contact, to either provide proof of an effective liquor liability insurance policy covering the twenty-four hour period of Sunday, November 13, 1994, or, in the altemative, provide proof that the Licensee was not open for business due to the lapse in insurance coverage. Licensee never provided the proof requested by the City. 6. As a result of Licensee's failure to provide proof, the City subsequently instituted this adverse action by a written Notice of Hearing dated May 10, 1995. 7. The Notice of Hearing contained the statement: "[i]f you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them forfeited." 8. At the June 6, 1995 public hearing no appearance was made on behalf of the Licensee and, as a result, the City's evidence against the Licensee was uncontested. 9. At the June 6, 1995 public hearing, there being no appearance by the Licensee, the City proceeded to outline its case by reading into the record a summary of the evidence it intended to produce in order to prove its allegations. The City's case outline, certain documentary evidence, and a recommendation of an appropriate sanction were received and made part of the record. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS l. The St. Paui City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 34QA,415 and St. Paul Legislative Code.�� 310.05 and 310.06. The Notice of Hearing issued by the City was proper and all applicable substantive and procedural requirements have been fulfilled. 2. Licensee's failed to appeaz at the hearing and is in default. 3. St. Paul Legislative Code � 310.06 allows adverse acrion to be taken against a licensee for, among other grounds, violation of any of the provisions of the St. Paul Legislative Code or of any statute, ordinance or regulation reasonably related to the licensed activity. 4. Minn. Stat. § 340A.409, subd. 1, and St. Paul Legislative Code § 409.065, require licensed liquor establishments to maintain continuous liquor liability insurance for the business whenever it is open to the public for the sale of intoxicating liquar. 5. Licensee's liquor liability insurance was not in effect as required under law for the twenty-four hour period of November 13, 1994, and Licensee was open to the public for the sale of intoxicating liquor on that date. 6. Licensee's failure to maintain continuous liquor liability insurance, while being open to the public for the sale of intoxicating liquor on November 13, 1994, is a violation of Minn. Stat. � 340A.409, subd. 1, and St. Paul Legislative Code � 409.065. 7. St. Paul Legislative Code § 409.26 estabiishes a matrix of presumptive penalties. For the violation established here, and this being the first violation by Licensee, the presumprive 2 95 penalty is a ten day suspension. Section 409.26 also allows for the imposition of a civil fine of up to $2,000. 8. There appears to be no reason to depart from the presumptive penalty. The City has requested that a civil penalty of $500 be imposed. 9. St. Paul legislative Code § 310.05(k) provides that the Council may impose upon a licensee some or all of the costs of a contested hearing if the position, claim or defense of the licensee was frivolous, azbitrary or capricious, made in bad faith, made for purposes of delay or harassment, or for other reasons. The City has requested that some or all of the costs of this hearing be imposed upon Licensee. The cleaz evidence that the violation occurred together with Licensee's failure to appeaz at the hearing indicates that the appeal was made in bad faith or for the purpose of delay. It is appropriate that some of the costs of the hearing be unposed upon Licensee. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED: that the St. Paul City Council take adverse action against the license held by M.A.N., Inc., d/b/a the Bourbon Bar, and that it impose the presumptive penalty of a suspension of ten days and impose costs of some portion of the contested case hearing upon Licensee. The Council may also wish to consider a civil penalty. Dated this 30th of June, 1995 Reported: Tape recorded. � ,' � - �� ,--�- , � �� __ ,- ,- - �_. � <-._ .._ STEVE M. MIFIALCHICK Administrative Law Judge NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1, the City Council is requested to serve its final decision upon each party and the Administrative Law Judge by first class mail. 3 OFF'SCE OF THE CITY ATTOR (� TlnloRry E. Marx, Crry Attomey / '1 ��, V G. C� / CTTY OF SAINT PAUL � _- � - � � - Norm colernan, Mayor �_ �. � � ^E _.._ •,. '- "- J G7vi1 Divisian 4Q0 Ciry Hall is w�r��ar,�a Saint Pou7, Mvutesota SSIO2 Te7ephorse: 612 2668710 Facsineile 6I2 298-5619 June 23, 1995 Judge Steve M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401 RE: Findings of Fact, Conclusions of Law, and Recommendations for the Licenses held by M.A.N. Inc., dba the Bourbon Bar Case File Number: 69-2101-9695-6 Our File Number: C94-0294 Dear Judge Mihalchick: Enclosed please find the City of St. Paul�s proposed Findings of Facts, Conclusions o£ Law, and Recommendations regarding the above referenced case heard before you on Tuesday, June 6, 1995. Sincerely, . -�...�� Peter W. Warner Assistant City Attorney 95 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS CASE FILE NO: 69-2101-9695-6 FOR THE CITY QF SAINT PAUL: In the matter of the Licenses held FINDINGS OF FACT, by M.A.N. Inc., d/b/a/ the Bourbon CONCLIISIONS OF LAW. Bar, for the premises located at AND RECObIISENDATIONB. 691 North Dale Street, Saint Paul, Minnesota. i ahoce 2ia�iti8.'�.+ 7.ei2�t°� C32^C�. C: fOi i 9$i12^iy tiJ°iOZ'E �:12 undersigned, Steve M. Mihalchick, Administrative Law Judge, at 9:30 a.m. on June 6, 1995 in room 40-A of the Saint Paul City Hall/Ramsey County Court House, Saint Paul, MN pursuant to the City of Saint Paul's Notice of Hearing dated May 10, 1995. Peter W. Warner, Assistant City Attorney, appeared on behalf of the City of Saint Paul. No one appeared on behalf of the license holder. This report is only a recommendation. A final decision in the matter will made by the Council of the City of Saint Paul. The Council may, after a review of the record, adopt, reject, of modify the findings, conclusions and recommendation contained herein. A party to this action may file exceptions to these findings, conclusions and recommendations. Info;rmation on filing exceptions should be directed to Nancy Anderson, Council Secretary, Room 310, Saint Paul City Aall, Saint Paul, MN 55102. STATEMENT OF ISSUE The issue in this matter is whether or not the licensee should be subject to adverse action for its failure to maintain continuous 95 liquor liability insurance as required under Minn. Stat. § 340A.409, subd. 1 and Saint Paul Legislative Code § 409.065. The City alleges that the licensed establishment known as the Bourbon Bar was open for business on Sunday November 13, 1994 in violation of the laws above stated because the bar's liquor liability insurance coverage had lapsed at 12:01 a.m. on November 13, 1994 and that a new policy did not take effect until 12:01 a.m. on November 14, 1995. t'�IIvDiiti'u5 Cir i�ACl 1. That M.A.N., Inc., d/b/a the Bourbon Bar, [hereinafter the licensee] holds City license number 80730 for on-sale and sunday liquor sales at the premises located at 691 North Dale Street, Saint Paul, NIN. 2. That on or about October 11, 1994 the licensee was notified that its liquor liability insurance policy would be cancelled effective 12:01 a.m. November 13, 1994. 3. That the licensee did obtain a new liquor liability insurance policy but that this policy did not take effect until 12:01 a.m. November 14, 1994. 4. That the City, upon receivinq notice of the lapse in insurance coverage, requested the licensee, both in writing and by personal contact, to either provide proof of an effective liquor liability insurance policy covering the twenty-four hour period of Sunday November 13, 1994 or, in the alternative, provide proof that the licensee was not open for business due to the lapse in insurance coverage. `a 95-1Q26 5. That the licensee never provided the proof requested by the City. 6. That as a result o£ the licensee�s failure to provide proof, the City subsequently instituted this adverse action by a written Notice of Hearing dated May 10, 1995. 7. That the Notice oP Hearing contained the statement: "[i]f you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as t�ue u:.c yaur abi�iLy io chailenge them forfeited." 8. That at the June 6, 1995 public hearing, no appearance was made on behalf of the licensee and, as a result, the City's evidence against the licensee was uncontested. 9. That at the June 6, 1995 public hearing, there being no appearance by the licensee, the City proceeded to outline its case by reading into the record a summary of the evidence it intended to produce in order to prove its allegations. The City's case outline, certain documentary evidence, and a recommendation of an appropriate sanction if this Court were to find a violation were received and made part of the record. Based upon these Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS OF LAW 1. That Minn. Stat. § 340A.409, subd. 1 and Saint Paul Legislative Code Section 409.065 require licensed liquor establishments to maintain continuous liquor liability insurance for the busfness whenever it is open to the public 3 95 for the sale of intoxicating liquor. 2. That the City has fulfilled the relevant jurisdictional procedural and substantive requirements of the applicable rules and law. 3. That the licensee's liquor liability insuranae was not in effect as required under law for the twenty four hour period of November 13, 1994 and further, that the licensee was open to the public for the sale intoxicating liquor on that date. 5. That a preponderance of tne evidence demonstrates that the licensee�s failure to maintain continuous liquor liability insurance, while being open to the publia for the sale of intoxicating liquor on the date in question, is a violation of the provisions o£ Minn. Stat. § 340A.409, subd. 1 and Saint Paul Legislative Code § 409.065. Based upon these foregoing Conclusions of Law, the Administrative Law Judge makes the following: RECOMMENDATION IT IS THEREFORE RESPECTFULLY RECOMMENDED that the Counail of the City of Saint Paul take the following adverse action against license number 80730, held by M.A.N., Inc., d/b/a/ the Bourbon Bar, for the premises located at 691 North Dale Street, Saint Paul, MN: 1. That pursuant to the presumptive sanction levels found in Saint Paul Legislative Code Section 409.26, subd.(b) for certain adverse license actions, it is recommended that license number 80730 be suspended for a period of ten (10) days as a result of the licensee's first time violation of �' 95 failing to comply with the legal requirement to maintain liquor liability insurance . 2. That pursuant to Saint Paul Legislative Code Section 409.26, subd.(f), which provides for the imposition of a civil fine not to exceed two thousand dollars for violations of this type, it is further recommended that a five hundred ($500.00) civil penalty be imposed upon the licensee. 3. Finally, that there being no appearance by the licensee at the duly noticed pubiic hearing, it is recommended pursuant to Saint Paul Legislative Code Section 310.05, subd.(kj, that the licensee pay some or all of the costs of the hearing including, but not limited to, the cost of the administrative law judge and any stenographic and recording costs, copying costs, and witness costs as well as city staff and attorney time for which adequate records have been kept, and any costs for the rental of rooms and equipment necessary for the hearing. Dated this _ day of , 1995 Steve Mihalchick Administrative Law Judge 5 95 =c: _: STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS `-� :'.:::"� "� -- ; i; for the Saint Paul City Council _ • In re the Licenses of M.A.N., Inc., dba The Bourbon Bar REQUEST FOR ISSUANCE Marjorie Navarro, Officer OF SUBPOENAS Lee Neihart, Manager May 24, 1995 SENT VIA FAX AND U.S. MAIL Pursuant to Minnesota Rules, part 1400.7000, the undersigned hereby requests the issuance of subpoenas duces tecum for the following persons: Steve Orme. Insurance Agent for The Macguire Agency, Inc., 1935 West County Road B-2, Suite 241, Roseville, Minnesota 55113. Insurance carrier for M.A.N., Inc. handling their liquor liability coverage prior to November 13, 1994. Kathleen A. McClure. Administrative Assistant. Authorized representative of Minnesota Joint Underwriting Association, 445 Minnesota Street, Suite 514, Saint Paul, Minnesota 55101. Insurance carrier for liquor liability coverage for M.A.N., Inc. after November 14, 1994. Subpoenas duces tecum are necessary in this case to establish the insurance policy history o£ the insured M.A.N., Snc. dba the Bourbon Bar. Attendance is sought for all witnesses at 9:30 a.m. on Tuesday, June 6, t995 or as soon thereafter as they may be heard. The place of the hearing is Room 40-A on the lower level of the Saint Paul City Hall and Ramsey County Courthouse, 15 West Kellogg Boulevard, Saint Paul, Minnesota. Respectfully submitted this 24th day of May, 1995. �7�/_,�%rv/1 �-✓ `� pyV�2-^� Peter W. Warner Assistant City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102-1616 612-266-8724 Atty. Reg. No.: 0178913 . ,�� . ... :� . ,� , -..-� ;� ..,,�r ; . —�_ ,-.. .�-� S7ATE � MiNNESOTA O�FICE OF ADMINI57RATIYE NEARfNGS HEARIMG SUBPOEl1A 95 TO hatnleen �. ?IlcClure, ?�innesota Joint lincier�aritir.r. P 445 .Iinnesota Street, Suite 514, St. Paul, `:innesota 551.�1 GRfETItfGS: YOU ARE NEREBY CCt�f4AttpED to lay asfde all your buslness and excuses and to appeal' befOre Ad:-iinistrative Law Judce �teve vi. '4ihalchick of the Office of Administrative Hearings of #he State of Minnesota at St. Dau Citv i3a11 and Rar,isey Countv Courthouse, 15 p7est Kelloqg Houlevard in the City of _ sr na,� , Ramsev County, Minnesota, on the 6th day of June 19 95 at 9:30 o'ciock_in the forenoon, to appear as a vitness 1n the R1dttEC of the Licenses of N:.11.;3. , Inc. , d/b/a :�'he Bour'pon Ba�� :dar Navarro, Officer• Lee Veihart �Ianaqer• OAH Docket vo. 69-2101-9695-6. YOU ARE FtJRTNER COFTMANDED to brtng and have rith you, to be used as evidence in the hearl�g, if required, tfie fotloring: _tanv �n� a�i original documents in your possession relatino to tile above-- entitled natter. Pursuant to the authority granted 1n Ninn. State § 14.51, Hitness, the Honorable Kevin f. Johnson, C�ief 14dministrative Lav Judye, at H}nneapotis, Mlnnesota, thfs ist day of June , �y 9; , Subpoena requested by- !! Peter '�d. ,rarner `'--' Tele: 266-8724 , F KEVIM E. J04i Chlef Adnlnlstrative Lar Judqe 6121341-7600 95-io26 < TRANSACTION REPORT > C RECEIVE 7 N0. DATE TIME DESTINATION STATION 8199 5-31 15:53 612 298 5532 OS-31-1995(bJEC) 15=5a PG. DURATION MODE RESULT 1 0°00'40" NORM.E OK 1 0° 00' 40" � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) • 95 AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 10, 1995, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Lee Neihart, Manager Marjorie Navarro Man, Inc. dba The Bourbon Bar 691 No. Da1e Street Saint Paul, MN. 55114 (which same, Paul, is the last known address of said person) and depositing the with postage prepaid, in the United States mails, at St. Minnesota. Subscribed and sworn to before me this loth day of May, 1995. , � � �� . I. . • BEEl..VA J. FtOYD No��nr�-�sora � . �� EXHIBIT NOU 14�39 FR�t1 CITY OF ST PRUL LIEP f `' •- `� - � . INSt1RANCE Acce * �� p..ance ?naemnity Tasurance Ctr?�ny h1�4� A.Np M.d.3I., Znc. kDDRSS Tf� B(1UR3Ati BAR QF fiYSL'REO b�� na�e Street St Psul, 2il7 55103 .�--3 7�.� � ��' r L ` {�peCitit snimrmetlon conmern3e� dre canceqatipn � nnnsenewa! has 4een �iven t� 4ha Insured.H :� = �n r. � ` 7J �} 'i�t �- r �,� a - �� 4 s.9 w �A'� � ;C7 .. ' LT � � 1p LIERNAIRRER e ali � insured.�is h ca aha nge e ewe7 in a � with 1 e� cand'diens � 4�e uuf�cy, sa d or omrene� to he ai#ecl ve on ard s4PU tt�e hour ard date me�ioncd sbm�. pp� 4F MpIL6NG: 1D MDit16AGEE rtametft ahich i I� E4fective , at 12:�1 d-M. (Standard Timet, we here�1 GarN�1 ar nDmm��++ the Pi�afgagee A$ 4 made part o4 4he aG�aas ri+em�oned R��Y m�� a� the abv+e menlianed poliey issued Sa 4he insare� nameG ebove eoven�4 ��---�-------°-- pe snG mide A�b io you zs morkgagee (or VuStp� in the EveM oi oss. tNSlIRAh�E • p�C�ptance Zndemnity Insurance Cox�Pa�Y C➢A9PAxY tL�taEA�� . ��,�q qf St Paullpept af Lic A�4Rf5S JSd St Peter StY�et #30b (!F LIFH• ��L��fR St Faul, Ati�' S51Q2 L 7!y f1n tz'� U�� 9Rr�rtuw s§.A'7�, IkC � t49E g i�AI N0l� ER°SIN10 R1�A45E'S EXHIBIT � TOTRL P.�03 TO ��........ ... C(`� «9at9'8�; • A Ctl�F �.�{. L ��t f+% OR CqNUt'fl0!!EU RERfWAI 95 I, Kathleen A. MCClure, Administrative Assistant of the Minnesota Joint Underwriting Association, do hereby testify that this is a correct and true copy of the liquor liability certificate of insurance issued to the City of St. Paul in effect from 11/14/94 through 11/14/95. .l-LQ��yiX.F�YV � l �� C�"�- J� / 7 �''/cS Signature Date State of �,�(��p� � n SS County of /'�a ry( ,� Q,��( C� � .{:�;�+, NOfARY iUBUC MINNESOTA '"'} AMY RAE McGWLEY � �'P , M` DAKOTA GOUNTY My Comm+ssion £xpire� Nov, 2S, 7997 'I�IIIIMId.�*J: >2.,-.�fibt<'ra�nPb.si +,G� EXHIBIT Z� MINNESOTA LIQUOR LIABILITY ASSIGNED RISK PLAN ^� 1 0 2 6 � Minnesota Joint Underwriting Association y Pioneer P.O. Box 1760 St. Pau1, MN 55101-0760 (612) 222-0484 OR 1-800-552-0013 C E R T I F I C A T E O F I N S U R A N C E F O R L I Q U O R L I A B I L I T Y C O V E R A G E This certificate is issued as a matter o£ information only and confers no rights upon the certificate holder. The certi=icate does not amend, extend or alter the coverage afforded by the contract listed below. Policy Number: LL94-4604 Contract Holder and Address: M.A.N., INC. THE BOURBAN BAR 691 ti. DAi,E ST. ST. PAUL Scheduled Premises Contract Period: 12:01 A.M. 11/14/94 TO 12:01 A.M. 11/14/95 , MN 55103 691 N. DALE ST., ST. PAUL This is to certify that the Contract of Coverage described herein has issued the Contract Holder named above and is in force at this time. Notwithstanding any req_uirement, term or condition of any Contract or document with respect to which this Certificate may be issued or may to the coverage afforded by the Contract described herein is subject the terms, exclusions and conditions oi such Contract. TYPE OF COVERAGE Bodily Injury Property Damage Loss of Means of Support Annual Aggregate LIMITS OF LIABILSTY $ 50,000 each person $ 100,000 each occurrence $ 10,000 each occurrence $ 50,000 each person $ 100,000 each occurrence $ 300,000 annually been other pertain to all Should the above Contract be cancelled before the expiration date thereof, the P1an wi11 mail 60 days written notice to the below named Certificate Holder, however, in the event the cancellation is for non payment of premium, the plan will mail a 10 day written notice. Certificate Holder Name & Address: CITY OF ST. PAUL 350 ST. PETER ST. #300 ST. PAUL MN 55102 Agents Name & Address: MN 0 11/14/94 Date Issue Authorized Representative OFFTCE OF THE CITY ATTORNEY �� Timothy E. MacK Ciry Attomey CI� OF StiLtV 1 PAUL �� CfvilDivrsian Norm Coleman, Mayar C n i', `. ": � -�^.! � A00 Cig� Hall Telephone: 6I2 266-8710 � v t.n 1 i �� . -��' IS West Kelfogg Blvd. Facsimile. 6I2 298-56I9 Saint Paul, Mennuota 55102 .-._,.� : - . _ i il�-: �ri May 10, 1995 NOTICE OF HEARING Lee Neihart, Manager Marjorie Navarro i��an, Inc. dba Tne Bourbon Bar 691 North Dale Street Saint Paul, MN 55114 RE: All licenses held by Man, Inc. dba The Bourbon Bar, Por the premises located 691 North Dale 5treet, St. Paul Dear Mr. Neihart and Ms. Navarro: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above : Date: June 6, 1995 Time: 9:30 a.m. Place: Auditorium Room 40-A St. Paul City Hall 15 w. Rellogg Blvd. Saint Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Steve M. Mihalchick Office of Administrative Hearings loo Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 349-2544 `Phe Council of the City o£ Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licen5es, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also oonveyed by Minnesota Statutes section 340A.415. Adverse 95-10�6 action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: "That the licensed establishment known as The Bourbon Bar was open for business on Sunday, November 13, 1994, even thouqh its liquor lability insurance coverage had lapsed at 12:01 a.m. on November 13, 1994." You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a speciPic recommendation for action to be taken by the City Council. You should bring *o *he hearir.g all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge £or incorporation into his or her recommendation £or Council action. If you fail to appear at the hearing, the allegations against you which have been stated earlier in this notice may be taken as true 95 and your ability is received into unless objection Statutes, Section Very truly yours, to challenge them forfeited. If non-public data evidence at the hearinq, it may become public is made and relief requested under Minnesota 14.60, subdivision 2. Peter Warner Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank StafPenson, Deputy DirectoT, LIEP vancy Thomas, Office of Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Ms. Kenrie Williams, Community Organizer, Thomas Dale District 7 Planning Council, 369 University Ave., St. Paul, MN 55103