95-1070�,� �:* g p p� � Council File #�� ,� r�
� � � � � Green Sheet # � 3 �'l50
RESOLUTION
C17Y OF SAINT PA(JL, MINNESOTA �a
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Presented By
Referred To
Committee: Date
WHEREAS, the City of Saint Paul, Department of Licenses, Inspections and
Environmental Protection (LIEP) began an adverse action against licenses held by JB1
Ettterprises,Inc., shareholders being Robert K. Carlson and John Kwakenat, d/b/a the
Peppercoms, for premises located at 1178 Arcade, Saint Paul, MN by alleging certain
violations of the Saint Paul Legislative Code Chapter 409 as it pertains to the conduct of
the licensees regarding buying and receiving stolen property on or about November, 1994
and further alleging that the licensee's allowed the display and/or consumption of
into�ucating liquors on the licensed premises after hours of sale on or about January 3,
1995; and
WHEREAS, on or about June 12 1995, tbe licensees were duly notified that an
Administrative Law Judge had set an adverse action hearing for July 5, 1995; and
WHEREAS, the licensees did not appear at the July 5, 1995 hearing; and
WHEREAS, the Department of Licenses, Inspections and Environmental
Protection presented to the Administrative Law Judge that evidence which it believed
supported the adverse action against all the licenses held by JB1 Enterprises, Inc. The
matter was then taken under advisement; and
WHEREAS, on August 2, 1995, the Administrative Law Judge subsequenfly
served its Findings of Fact, Conclusions of Law and Recommendation on the Council of
the City of Saint Paul; and
WHEREAS, at a public hearing on August 30, 1995, to consider the
Recommendation of the Administrative Law Judge, the licensees did not appear; NOW,
THEREFORE BE IT
RESOLVED, that the Council of tbe City of Saint Paul, after due deliberation
based upon all the files, records and proceedings herein including the documents and
e�ibits submitted to the Administrative Law Judge, the adoption of the Findings,
Conclusions and Recommendation issued subsequent thereto, does hereby orders:
i. That on-sale liquor, sunday on sale liquor, gambling location, entertainment-class
B, restaurant (B) and cigarette licenses No. 95786 and 94464, in the name of JBl
Enterprise, Inc., d/b/a/ Peppercorn's, located 1178 Arcade, Saint Paul, MN, is hereby
revoked.
2. Tl�at pursuant to Saint Paul Legislative Code Section 310.05(k), the licensees shali
pay all costs of the contested hearing before the Administrative Law Judge, in the sum of
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Two Thousand, One Hundred and Eighry Dollars and Fifry-Two Cents {$2,180.52) within
thirry (30) days of the adoption of this resolution.
3. That the Findings, Conclusions and Recommendation of the Administrative Law
Judge sha11 be attached hereto and incorporated herein by reference.
A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensees
and the Administrative Law Judge.
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Adoption Certified by Council Secretary
By:
Appr
By:
Requested by Pepartment of:
By:
Form Ap roved by City Attorney
ay: �
Approved by Mayor for Submission to
Council
By:
Adopted by Council: Date �� �'� �,S
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DE C1 r ty T C011RCi]_ NCIL o9/5/95� GREEN SHEE N° 33450
CONTAGT PEflSON & PHONE INRIAVDATE INITIAVDATE
O DEPFRTMENT DIRECTOR � CITV COUNCIL
Councilmember Gri� N MBERFOP �pTYATfORNEV OGTVCLEPK
MUST BE ON WUNCIL AGENOA BY (OATE) ROVTING O BUDGET DIflECTOR � FIN. & MGL SEflVICES DIR.
September 13, 1995 ORDEF �MAYOF(ORASSISTAN� �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION PEQUESTED:
Finalizing City Council action taken on August 3p, 1995, concerning adverse action against
licenses held hy SB1 Enterprises, Inc., dba Peppercorn's, 1178 Arcade Street.
RECOMMENDATIONS: Approve (A) or Re�ect (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLIOWING �UESTIONS:
_ PL4NNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this personttirm ever worked under a contract for this tlepartment? -
_ CIB COMMRTEE _ YES NO
_ S7AFF 2. Has ihis person/firm ever been a city employee?
— YES NO
_ 4i5TRiCT COUR7 _ 3. Does th�s personJFirm possess a skill not normally possessed by any current city emptoyee?
SUPPORTS WHICH COUNCIL O&IECTNE? YES NO
Ezplain all yes answers on separete sheet and attach to green sheet
INITIATING PROH�EM, ISSUE, OPPORTUNITY (Who, What, Wt�en, Where, Why�:
ADVANTAGESIFAPPROVEO:
DISADVANTAGES IFAPPROVEO�
DISADVANTAGESIFNOTAPPROVED:
TOTALAMOUNTOFTRANSAC710N $ COST/REVENUEBUDGETED(CIRC4EONE) YES NO
PUNDIfiG SOURCE ACTfVI7Y NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
OFFICE OF THE CITY ATTORNEY
T'tmothy E. Mar; Ciry Attamey
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CTI'I' OF SAINT PAUL
Norm Coleman, Ma}nr
August 16, 1945
Robert K. Carlson
John K. Kwakenat
JB1 Enterprises, Inc
1178 Arcade Street
Saint Paul, Minnesota
d/b/a Peppercorn's
55106
Civd Divuion
400 C¢y Hall
IS Weu KeAogg Elvd
Saint Pau1 M'utnesota 55102
NOTICE OF COIINCIL HEARZNG
Tetephone.• 612 2G6-8770
Facstinile: 672 29&5619
RE: Licenses held by JB1 Enterprises, Inc d/b/a Peppercorn's
for premises located at 1178 Arcade Street, Saint Paul
Our File Number: G95-0050
Dear Mr. Carlson and Mr. Kwakenat:
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, August
30, 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 received 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.
Sin rely,
(� �,
Rey e . Rofuth
Assistant City Att ney
cc: John Kwakenat, 7300 Chowen Ave. N., Brooklyn Park, MN 55443
Nancy Anderson, Assistant Council Secretary
Robert Kessler, Director, LIEP
Frank Staffenson, Deputy Director, LIEP
Sue Vannelli, Community Organizer, Payne Phalen District 5,
Planning Council, 1014 Payne Ave., St. Paul, MN 551�1
Sgt. Greg Lind, St. Paul Police Dept.
Officer John Wuorinen, St. Paul Police Dept.
August 2, 1995
STATE OF MINNESOTA
OFFICE OFADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
700 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Reyne M. Rofuth
Assistant St. Pauf City Attorney
Civil Division
400 City Hall
15 West Kellogg Boulevard
St. Paui, Minnesota 55102
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JB1 Enterprises, {nc.
1178 Arcade Street
St. Paul, Minnesota 55101
RE: In the Matter of all Licenses Held by JB1 Enterprises, Inc., d/b/a/
Peppercorn's, for the Premises Located at 1178 Arcade Street, St. Paul,
Minnesota. License ID No. 94464; City Fi1e No. G95-0050; OAH Docket
No. 8-2101-9790-3
Dear Parties:
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-entitled
matter. Enclosed is the offciai record, with the exception of the tape recording of the
hearing. If you would like a copy of those tapes, please contact our office in writing or
telephone 341-7642. Our ftle in this matter is now being closed.
Yours very truly,
JLL Ilc
�Y1 �• �LC�yt�
JON L. LUNDE
Administrative Law Judge
Telephone: 612/341-7645
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative taw Section & Administre6ve Services (6'12) 341-7600 � TDD No. (612) 34�-7346 � Fax No. (612) 349-2665
�[5- l�`1n
STATE OF MINNESOTA)
) ss
GOUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U S MAIL
Laurie L. Clos, being first duly sworn, hereby deposes and says that on the 2nd
day of August, 1995, at the City of Minneapolis, county and state aforementioned, she
served the attached Findings of Fact Conclusions and Recommendation•
8-2101-9790-3 by depositing in the United Siaies 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.
Reyne M. Rofuth
Assistant St. Paul City Attorney
Civil Division
400 City HaN
15 West Kellogg Boulevard
St. Paul, Minnesota 55102
Subscribed and sworn to before me
this 2nd day of August, 1995
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JB1 Enterprises, Inc.
1178 Arcade Street
St. Paul, Minnesota 55101
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Laun L. Clos
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' � MYCOMMISS!OkFXPIP.ES
'^• lANUARY 31, 2000
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8-2101-9790-3
STATE OF MINNESOTA
OFFICE OF ADMiN1STRATIVE HEARINGS
FOR THE C1TY OF ST. PAUL, MINNESOTA
In the Matter of al( Licenses Heid by J81
Enterprises, inc., dibia/ Peppercorn's, for F1t3DINGS OF FACT
the Premises Located at 1178 Arcade CONCLUSIONS AND RECOMMENDATION
Street, St. Paul, Minnesota. License iD
No. 94464; City File No. G95-0050.
The above-captioned matter came on for hearing before Adm+nistrative Law
Judge Jon L. Lunde commencing at 9:30 a.m. on Wednesday, July 5, 1995 at Room
40A of the City Hall in St. Paul, Minnesota. The hearing was held pursuant to a Notice
of Hearing dated June 12, 1995.
Reyne M. Rofuth, Assistant St. Paul City Attorney, Civif Division, 400 City Hail,
15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City
of St. Paul (Gity). No one appeared on behalf of JB1 Enterprises, Inc., 1178 Arcade
Street, St. Paul, Minnesota 55101, appeared on behalf of (Licensee or Respondent).
The record closed at the conciusion of the hearing on July 5, 1995.
NOTfCE
Notice is hereby given that, pursuant to Minn. Stat. § 14.61, the final decision of
the St. Paul City Council shali not be made until this Report has been made available to
the parties to the proceeding for at least ten days and an opportunity has been afforded
to each party adversely affected to file exceptions and present argument to the City
Council, which, after reviewing the record, may adopt, reject, or modify the Findings of
Fact, Conclusions and Recommendation contained herein. The parties shouid contact
Nancy Anderson, Council Secretary, St. Paul City Council, 310 City Hall, St. Paul,
Minnesota 55102, to ascertain the procedure for filing exceptions or presenting
argument.
STATEMENT OF ISSUES
The issues in this case are: 1) whether the Respondent engaged in the receipt of
receive stofen properry; 2) whether such action is reasonabiy related to the licensed
activity; 3) whether such action is evidence of a lack of fitness and good moral
character to hoid 4icensuse; 4} whether Respondent's empfoyees served aicohoiic
beverages on the licensed premises after hours without obtaining the required approval
from the Gity; 5) whether one of RespondenYs employee faisely indicated to police that
the after-hours party had been properly authorized; and 6) what penalties are
appropriate, should any or all of the foregoing issues be substantiated.
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Based upon all the proceedings herein, the Administrative Law Judge makes the
fo4lowing:
FINDINGS OF FAC7
1. Respondent is a corporation, with Robert K. Carison and John Kwakenat as
shareholders. Carison and Kwakenat are the persons who perform ali the functions of
the corporation. Respondent operates Peppercorn's, a bar located at 1178 Arcade
Street, St. Paui, Minnesota. Respondent hoids on-sale liquor, gambling, entertainment,
and restaurant licenses. City's Exhibit 8.
2. In the second week of October, 1994, Brian Nelson approached Robert
Carison at Peppercorn's and oifered Carlson a 52"-screen television set, new in its box,
fior $2,000. The television normaliy retails for $3,000. Carison offered $1,000. Three
weeks later, Nelson contacted Carlson and agreed to sell the te4ev+sion for $1,000.
Nelson gave Carison directions to his house at 792 Lake Street, St. Paul.
3. Carlson called John Kwakenat and passed on the directions so Kwakenat
could pick up the television set. Kwakenat arrived at the St. Paul address, which is a
residence. The television set was in the garage, in its box. Kwakenat and Nelson
loaded the television in Kwakenat's truck. Both men drove to Sharkey's Bar (aiso
owned by Kwakenat and Garlson) in Hilitop, Minnesota. Carlson met them at Sharkey's
Sar and paid Nelson $1,000 for the teievision. Kwakenat suspected ihe television set
might be stolen, so he telephoned a pawn broker who operates near Peppercorn's.
After hearing Kwakenat's description of the transaction, the pawn broker responded "its
hot. Don't buy it." Kwakenat raised the issue of whether the television set was stolen
and Nelson repeatedly reassured Kwakenat and Carlson that the television set was not
stolen.
4. The television had been obtained from the Rochester Best Buy store by
Nelson by having an accomplice forge a stolen check. The accomplice used a stolen
driver's license, altered by Nelson, to obtain acceptance of the check as payment for
the television.
5. On February 14, 1995, criminal Complaints were filed by the Anoka County
Attorney alleging that Kwakenat and Carlson had rece+ved stolen property, a television
set, from Brian Ne{son. City Exhibits 5 and 6. The Compiaints alieged feiony vioiations
of Minn. Stat. §§ 609.53, subd. 1; 609.52, subd 3(3)(a); and 609.101, subd. 4. On April
5, 1995, Carlson and Kwakenat entered guilty pleas to the felony offense of receiving
stoien property. Id. in exchange for the guilty pleas, the Anoka County Attorney
diverted the matter to the Anoka Gounty Pretrial Diversion Project. Successful
completion of that program will result in the dismissai of aii charges against both
Carison and Kwakenat. Both men agreed to testify against Nelson if Nelson's criminal
case went to trial.
6. 4Cristine Schweinler, also known as Kristine Van F{orn, is a senior license
inspector for the City of St. Pauf. She is empioyed in the License Inspection and
Environmental Protection (LIEP) division, where she has worked for the past 13 years.
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7. Among other things, Schweinler is responsible for processing requests for
employee parties taking piace after hours. By City ordinance, such parties are aliowed,
with thirty days written notice. Carison spoke to Schweinier at end of November, 1994,
while paying the license fee for Peppercorn's. At that time, Carison meniioned that
Peppercorn's would be having its holiday party for the employees again that year.
Schweinier reminded Carlson of the need to send a letter once the date of the parEy
was determined. City Exhibit 3. Due to a lack of communication between Carlson,
Kwakenat, and Wayne Peterson, Peppercorn's manager, the fetter was never sent.
8. At 1:36 a.m. on the morning of January 3, 1995, St. Pau{ police officer John
Wuorinen observed persons in Peppercorn's piaying pool and drinking. Officer
Wuorinen noted the front door was locked. The back door was unlocked and the officer
entered the bar. inside, Officer Wuorinen noted that the people present were drinking
beer. Peterson informed Officer Wuorinen that this was the annual holiday party and
that the party had been cleared in advance with Schweinler. The officer told Peterson
to lock the back door and then he !eft the premises.
9. On January 23, 1995, an assistant city attorney notified Peterson that the City
might take adverse action against all the licenses held by Peppercorn's because ofi
after-hours consumption of alcoholic beverages, failure to submit a written notice of the
after-hours party, and falsely informing a police officer that the party had been approved
by the City's Licensing Office. The letter requested that Peterson advise the attorney if
an administrative hearing would be required. By letter dated February 9, 1995, Car{son
responded that their right to an administrative hearing would be waived in favor of
appeafing directly to the matter to the St. Paul City Council.
10. On April 24, 1995, an assistant city attorney notified Carlson and Kwakenat
that the City might take adverse action against all the licenses held by Peppercorn's
because of the receipt of a stolen te4evision set and delivery of that television set to
premises licensed for on-site sale of intoxicating liquors. The letter requested that
Peterson advise the attorney if an administrative hearing would be required. The letter
also advised Carlson and Kwakenat that the earlier licensing action, relating to the
after-hours party, would be combined with this appeal. No response was made to the
April 24, 1995 letter.
11. On June 13, 1995, a hearing notice was served on Robert K. Carison and
John Kwakenat, and a copy was filed wifh the Office of Administrative Hearings.
Based upon the forgoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIONS
1. The St. Paui City Council and the Administrative Law Judge have authority to
consider the charges brought against JB1 Enterprises, Inc. under Minn. Stat. §§ 14.55
and 340A.415 and §§ 310.05 and 310.06(b)(6)a of the St. Paul Legislative Code.
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2. The Licensee received timely and appropriate notice of the charges against it
a�d fhe time and p{ace of the hearing.
3. The City has complied with all relevant substantive and procedurai
requirements of statute and rule.
4. Under § 310.06(b)(8)a of the St. Paul Legisiative Code, a licensee whose
conduct violates a!aw reasonably related to the licensed activity is a basis for taking
adverse action against a iicense.
5. Under § 310.06(b)(6)c of the St. Paul Legislative Code, a licensee whose
canduct evidences a pattern or practice of vioiating laws reasonabiy related io the
licensed activity from which a lack of fitness or good moral character can be drawn is a
basis for taking adverse action against a license.
6. Under § 310.06(b)(7) of the St. Paul Legislative Code, a licensee whose
aetivities in the licensed business caused a serious danger to the public heaith, safety
or welfare is subject to adverse action against a license.
7. Under § 409.07(c) of the St. Paui Legislative Code, dispiay or consumption of
intoxicating liquors is prohibited on licensed premises after hours of sale. Under §
409.07(a) af the St. Paul Legislative Code, no intoxicating iiquors may be soid bewteen
1:00 a.m. and 8:00 a.m. on a weekday.
8. An exception is made to the limitations on display and consumption
prohibition of intoxicating iiquors by § 409.07(d) of the St. Paui Legislative Code, which
provides for an annual holiday party by a{icensee if the party is at no charge and a
written request for approval of such party is submitted to the City license inspector.
9. The City has the burden of proof to establish, by a preponderance of the
evidence, that the Licensee vioiated the statute and ordinances under which it has been
cited.
10. The Licensee is subject to adverse licensing action for the actions ofi
Carlson and Kwakenat as principal shareholders.
11. The receipt of stolen property by Carlson and Kwakenat is reasonably
related to the licensed activity in this matter. That conduct demonstrates that neither
Carison nor Kwakenat is fit and able to hold a license to seil intoxicating liquors. That
conduct created a serious danger to public safety.
12. Under § 409.14 of the St. Paul Legislative Code, the Licensee is responsible
for the acts of its employees at its place of business.
13. The Licensee violated § 409.07(c) of the St. Paul Legislative Code, by
allowing display or consumption of intoxicating liquors on the licensed premises after
the hours of sale ended at 1:Q0 a.m. on January 3, 1995.
14, Under the penalty matrix in § 409.26(b) of the St. Paul Legislative Code, a
one-day suspension of the Licensee's licenses is presumptively appropriate for the
offense of allowing after-hours display and consumption of intoxicating liquors. Under
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the penaity mafrix, revocation is the presumptive penatty for conviction of a criminal
offense related fo the licensed operation by a licensee.
15. Under § 310.05(k) of the St. Paul Legislative Code, the City Counci! may
impose upon any licensee or license applicant some or all of the costs of a contested
hearing before an independent hearing examiner. The costs of a contested hearing
which may be imposed upon a licensee include, but are not iimited to, the cost of ihe
administrative law judge or independent hearing examiner, stenographic and recording
costs, copying costs, city staff and attorney time for which adequate records have been
kept, rental of rooms and equipment necessary for the hearing, and the cost of expert
witnesses.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
RECOMMENDATION
{T IS HEREBY RECOMMENDED: That the iicenses of JB1 Enterprises, inc. be
revoked due to the acts of Robert Carison and John Kwakenat in receiving stolen
property. The licenses of JB1 Enterprises, Inc. should not be suspended or revoked for
the after-hours consumption or display of intoxicating beverages on January 3, 1995.
The costs of the administrative hearing should be paid by Licensee.
Dated this�r�day of August, 1995
� ,G. L�
JO LUNDE
Administrative Law Judge
Reported: Taped: One Tape.
OTIC
Pursuant to Minn. Stat. § 14.62, subd. 1, the City is requested to serve its final
decision upon each party and the Administrative Law Judge by first class maii.
MEMORANDUM
There is no question that Carison and Kwakenat received stolen property. An
issue arises as to whether this criminal conduct is sufficientiy related to the conduct for
which J61 Enterprises, Inc, is licensed. The Judge concludes that the receipt of stolen
property under the facts of this case is reasonably related to the operation of the
iicensed activity. The initial offer to sell the television took place at Peppercorn's, on
the licensed premises. The property was picked up in the City of St. Paul. Acting as a
conduit for stolen property encourages additional theft of property which is a threat to
public safety, There is a sufficient nexus between the {icensed activity and the ilfegal
conduct to take action against the licenses held by JB1 Enterprises, Inc. This conduct
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is evidence of the tack of fitness of Carison and Kwakenat to operate a corporation
licensed to sell intoxicating liquors. The City has jurisdiction and aufhority to take
adverse aciion against the licenses of JB1 Enterprises, Inc.
The City presented multiple grounds for taking action on the after-hours dispiay
and consumption charge. The after-hours violation, the failure to follow the rules for
obtaining approval for an after- hours party, and making a false statement to a police
o�cer are all cited in the initia4 notice as reasons for taking adverse action against the
Licensee. The after-hours consumption would not have been illegal if it was a properly-
approved holiday party under § 469.07(d) of the St. Paul Legislative Code. The
Licensee failed to submit a request for appsoval in writing for the party. Thus, the
holiday party was not approved and the after-hours consumption is a violation of the
Code.
The analysis does not end there, however. There is a significant difference
between allowing illegal consumption and dispiay in the normaf course of business, and
allowing that conduct when it is believed to be legitimate and pursuant to the City Code.
In this matter, the only difference between illegal after-hours display and consumption
and a fegaf holiday party is a letter. Carlson spoke io a representative of the City and
mentioned the holiday party long before the date of the party. The facts of this violation
support imposition of a penalty lower than the one-day suspension called for in the
pena{ty matrix. The aliegation that Peterson made a fialse statement to a police officer
is not sustained by the evidence in this matter. Peterson did not state that he had sent
a letter to the City requesting approvai of the parky. He merely said that the party had
been "cleared" with the Licensing Office. There is no evidence in the record to suggest
that Feterson was aware that the required letter had not been sent or that he was trying
to mislead the o�cer. The violation is de minimus and shouid be treated as such. In
the event of repetition or evidence of wiliful conduct violating the rule, a harsher penalty
would be appropriate.
Under the St. Paul Legisiative Code, the City is authorized in section 310.05(k) to
require a licensee in a case like this to pay all of the costs of a contested case hearing.
The decision to impose those costs is discretionary with the City Council. The Judge
has considered both the lack of a request for an appeal from the Licensee and the ease
by which the Licensee could have informed the City that no hearing need be
undertaken. The Administrative Law Judge has concluded that the Council may require
the Licensee to pay the costs of the proceeding.
J. L. L.
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OFFTCE OF THE CITY ATTORNEY
Timothy E. Mmx, Ciry Attorney �� `) �� Q
CITY OF SAINT PAUL
Nomi Colennu, Mayor
civil Division
400 Ciry Hall
ZS We.0 Kellagg 81vd
Saint Pau� Minnesom SS102
Telephone.• 612 266-8710
Facsii:rile: 612 298-5619
September 5, 1995
Nancy Anderson
310 City Hall
RE: Wednesday, Septemher 13, 1995 Council Hearing
Items for Consent Agenda:
JB1 Enterprises, Inc, d/b/a Peppercorn's
Nancy:
Attached is the signed resolution identifying the penalties imposed
by the City Council on JB1 Enterprises d/b/a Peppercorn's. Please
schedule this item for the Consent Aqenda Por the Council Hearing
on Wednesday, September 13, 1995.
Thank you.
Sincer y, �
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Peter P. Pangbor
Paralegal
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RESOLUTION
CiTY OF SAINT PA�1L, MINNESOTA
Presented By
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WHEREAS, the City of Saint Paul, Department of Licenses, Inspections and
Environmental Protection (LIEP) began an adverse action against licenses held by JB1
Enterprises,Inc., shareholders being Robert K. Carlson and John Kwakenat, d/b/a the
Peppercorns, for premises located at 1178 Arcade, Saint Paul, MN by alleging certain
violations of the Saint Paul L,egislative Code Chapter 409 as it pertains to the conduct of
the licensees regarding buying and receiving stolen property on or about November, 1994
and further alleging that the licensee's allowed the display and/or consumption of
intoxicating liquors on the licensed premises after hours of sale on or about January 3,
1995; and
WHEREAS, on or about June 12 1995, the licensees were duly notified that an
Administrative I.aw Judge had set an adverse action hearing for July S, 1995; and
WHEREAS, the licensees did not appear at the July 5, 1995 hearing; and
WHEREAS, the Department of Licenses, Inspections and Environmental
Protection presented to the Administrative L,aw Judge that evidence which it believed
supported the adverse action against all the licenses held by JBl Enterprises, Inc. The
matter was then taken under advisement; and
WHEREAS, on August 2, 1995, the Administrative Law Judge subsequenfly
served its Findings of Fact, Conclusions of I.aw and Recommendation on the Councii of
the City of Saint Paul; and
WHEREAS, at a public hearing on August 30, 1995, to consider the
Recommendation of the Administrative Law Judge, the licensees did not appear; NOW,
THEREFORE BE IT
RESOLVED, that the Council of the City of Saint Paul, after due deliberation
based upon all the files, records and proceedings herein including the documents and
e�ibits submitted to the Administrative Law 7udge, the adoption of the Findings,
Conclusions and Recommendation issued subsequent thereto, does hereby orders:
1. That on-sale liquor, sunday on sale liquor, gambling location, entertai.muent-class
B, restaurant (B) and cigarette licenses No. 95786 and 94464, in the name of JBl
Enterprise, Inc., d/b/a/ Peppercorn's, located 1178 Arcade, Saint Paul, MN. is hereby
revoked.
2, That pursuant to Saint Paul L,egislative Code Section 310.05(k), the licensees shall
pay all costs of the contested hearing before the Administrative L.aw Judge, in the sum of
1
2
3
4
5
6
7
8
9
10
q5-toZa
Two Thousand, One Hundred and Eighty Dollars and Fifty-Two Cents ($2,180.52) within
thirly (30) days of the adoption of this resolution.
3. That the Findings, Conclusions and Recommendation of the Adminisuative Law
Judge shall be attached hereto and incorporated herein by reference.
A copy of this Resolution, as adopted, shall be sent by first class maii to the Licensees
and the Administrative L.aw Judge.
��I1J�` `
�e .�
Requested by Department of:
By:
Appz
By:
By:
Form Ap roved by City Attorney
By: ` ��
_ �
Approved by Mayor for Submission to
Council
By:
Adopted by Council: Date �'����
Adoption Certified by Council Secretary
qs_�o*�o
� c�ty T c un��� o 9/S/95 o GREEN SHEE N_ 3 3 4 5 0
CONTACT PERSON & PHONE O DEPqRTMENT DIRECTOpNITIAL/DATE O CITY COUNCIL �NITIAVOATE
Councilmember Grimm ASSIGN �CITVATTORNEY �CITYCLERK
MUST BE ON COUNCIL AGENOA BV (DATE) NUMBEfl FOH O BUOGET DIRECTOR � FM & MGT. SE0.VICES DIR.
ROUTING
September 13 1995 OHOEN O MAVOR (ORASSISTANT) �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTE�.
Finalizing City Council action taken on August 30, 1995, concerning adverse action against
licenses held by JBl Enterprises, Inc., dba Peppercorn's, 1178 Arcade Street.
RECOMMENDATIONS: Apprwe (A) or aeject (R) pERSONAL SEqVICE CONTRACTS MUST ANSWER TXE FOLLOWING �UESTIONS:
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has Ynis persoNiirm ever workad under a contract (or this tlepartmeM? -
_ qB COMMITTEE _ YES NO
_ SrAFF 2. Has this person7tirm ever been a ciry employee?
— YES NO
_ DISTRIC7 COUR7 _ 3. Does thus persoMfvm possess a skill not normally possessed by any cuneot c�ry empbyee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain all yes answers on seperete sheet and ettach to green sheet
INITIATING PROBLEM, ISSUE, OPPOFTUNRY (Who, What, When, Where. Why).
ADVANTAGES lF APPROVEO'
DISADVANTAGES IFAPPROVED
DISADVANTAGES IF NOTAPPROVED:
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIqCLE ONE) YES NO
PUNDIHG SOURCE ACTIVI7Y NUMBER
FINANCIAL fNFOAMATION: (EXPLAfN)
OFFICE OF THE CITY ATTORNEY
Timothy E. ManS C%ty Attorney
RS-10�] b
CTI'Y OF SAINT PAUL
Norm Colenwn, Ma}ror
August 16, 1995
Robert K. Carlson
John K. Kwakenat
JB1 Enterprises, Inc
1178 Arcade Street
Saint Paul, Minnesota
d/b/a Peppercorn's
55106
Civi[ Division
4A0 Ciry HaJ!
TS West Kellagg Blvd
SaintPau{ Minnesom 55102
NOTICE OF COLTNCIL HEARING
Tekphone: 672 266-8770
Facsiniile: 612 29&56Z9
RE: Licenses held by JBl Enterprises, Inc d/b/a Peppercorn's
for premises located at 1178 Arcade Street, Saint Pau1
Our File Number: G95-0050
Dear Mr. Carlson and Mr. Kwakenat:
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, August
30, 1995, in the City Council Chambers, Third Floor, Saint Paul
City xall 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 received 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.
Sin rely,
� �,
Rey e . Rofuth
Assistant City Att ney
cc: John Kwakenat, 7300 Chowen Ave. N., Brooklyn Park, MN 55443
Nancy Anderson, Assistant Council Secretary
Robert Kessler, Director, LIEP
Frank Staffenson, Deputy Director, LIEP
Sue Vannelli, Community Organizer, Payne Phalen District 5,
Planning Council, 1014 Payne Ave., St. Paul, NIIt 55101
Sgt. Greg Lind, St. Paul Police Dept.
Officer John Wuorinen, St. Paul Police Dept.
August 2, 1995
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE AEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Reyne M. Rofuth
Assistant St. Paul City Attorney
Civil Division
400 City Hall
15 West Kellogg Boulevard
St. Pau1, Minnesota 55102
q5 _ ►o�i o
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AU� D
C'/jt, � , 99�
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J61 Enterprises, Inc.
1178 Arcade Street
St. Paul, Minnesota 55101
RE: In the Matter of ai! Licenses Held by JB1 Enterprises, Inc., d/b/a/
Peppercorn's, for the Premises Located at 1178 Arcade Street, St. Paui,
Minnesota. License ID No. 94464; City File No. G95-0050; OAH Docket
No. 8-2101-9790-3
Dear Parties:
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-entitled
matter. Enclosed is the official record, with the exception of the tape recording of the
hearing. If you would like a copy of those tapes, please contact our o�ce in writing or
telephone 341-7642. Our file in this matter is now being ciosed.
Yours very truly,
JLL�c
�i'1 �. �}GL��
JON L. LUNDE
Administrative Law Judge
Telep hone: 612/341-7645
Providing Impartial Heanngs for Government and Citizens
An Equal Oppo E
Administrative Law Section & AdministraUve Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665
�[S- ln`?D
STATE OF MlNNESOTA)
) ss
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U S MAIL
Laurie L. Clos, being first duly sworn, hereby deposes and says that on the nd
day of Au ust, 1995, at the City of Minneapolis, county and state aforementioned, she
served the attached Findings of Fact. Conclusions and Recommendation•
8-2101-9790-3 by depositing in the United States maif at said City ofi Minneapolis, a
true and correct copy thereof, properly enveloped, with first class postage prepaid and
addressed to the individuals named herein.
Reyne M. Rofuth
Assistant St. Paul City Attorney
Civii Division
400 City Hall
15 West Kellogg Boulevard
St. Paul, Minnesota 55102
Subscribed and sworn to before me
this nd day of August, 1995
�� ' ' ' %
� , - .
_, , `_•�r:
._ .
JB1 Enterprises, Inc.
1178 Arcade Street
St. Paul, Minnesota 55101
� � �� _.
^ � .
Laun L. Cios
� BRfkDA LYN HARMS
qOtAtYNRtK � WNNlSOi�
�0,.,6` MYJANU �YSSl30'M�.ES
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8-2101-9790-3
STATE OF MINNESOTA
OFFICE OF ADMINlSTRATIVE HEARINGS
FOR THE CITY OF ST. PAUL, MlNNESOTA
In the Matter of all Licenses Held by J61
Enterprises, inc., dibial Peppercorn's, for FINDINGS OF FACT
the Premises Located at 1178 Arcade CONCLUSIONS AND REGOMMENDATION
Street, St. Paul, Minnesota. License ID
No. 94464; City File No. G95-0050.
The above-captioned matter came on for hearing before Administrative Law
Judge Jon L. Lunde commencing at 930 a.m. on Wednesday, Ju{y 5, 1995 at Room
40A of the City Hall in St. Paul, Minnesota. The hearing was held pursuant to a Notice
of Hearing dated June 12, 1995.
Reyne M. Rofuth, Assistant St. Paul City Attorney, Civil Division, 400 City Hall,
15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behaif of the City
of St. Paul (City). No one appeared on behaif of JB1 Enterprises, Inc., 1178 Arcade
Street, St. Pau1, Minnesota 55101, appeared on behalf of (Licensee or Respondent).
The record closed at the conclusion of the hearing on July 5, 1995.
NOTICE
Notice is hereby given that, pursuant to Minn. Stat. § 14.61, the final decision of
the St. Pau1 City Council shafl not be made untii this Report has been made available to
the parties to the proceeding for at least ten days and an opportunity has been afforded
to each party adversely affected to file exceptions and present argument to the City
Council, which, after reviewing the record, may adopt, reject, or modify the Findings of
Fact, Conclusions and Recommendation contained herein. The parties should contact
Nancy Anderson, Council Secretary, St. Paui City Council, 310 City Hafl, St. Pau1,
Minnesota 55102, to ascertain the procedure for filing exceptions or presenting
argument.
STATEMENT OF ISSUES
The issues in this case are: 1) whether the Respondent engaged in the receipt of
receive stolen property; 2) whether such action is reasonably related to the licensed
activity; 3) whether such action is evidence of a{ack of fitness and good moraf
character to hold licensure; 4) whether Respondent's employees served afcoholic
beverages on the licensed premises after hours without obtaining the required approval
from the City; 5) whether one of RespondenYs employee falsely indicated to police that
the after-hours party had been properiy authorized; and 6) what penalties are
appropriate, shoufd any or a(I of the foregoing issues be substantiated.
�[ s - i o'1 n
Based upon all the proceedings herein, the Administrative Law Judge makes the
foliowing:
FINDINGS OF FACT
1. Respondent is a corporation, with Robert K. Carlson and John Kwakenat as
sharehoiders. Carlson and Kwakenat are the persons who per�orm all the functions of
the corporation. Respondent operates Peppercorn's, a bar located at 1178 Arcade
Street, St. Paul, Minnesota. Respondent holds on-sale liquor, gambling, entertainment,
and restaurant licenses. City's Exhibit 8.
2. In the second week of October, 1994, Brian Nelson approached Robert
Carlson at Peppercorn's and offered Carlson a 52"-screen television set, new in its box,
for $2,000. The tefevision normaNy retails for $3,000. Carison offered $1,000. Three
weeks later, Nelson contacted Garlson and agreed to seil the television for $1,000.
Nelson gave Carlson directions to his house at 792 Lake Street, St. Paul.
3. Carison calied John Kwakenat and passed on the directions so Kwakenat
could pick up the television set. Kwakenat arrived at the St. Paul address, which is a
residence. The television set was in the garage, in its box. Kwakenat and Nelson
loaded the television in Kwakenat's truck. Both men drove to Sharkey's Bar (also
awned by Kwakenat and Carison) in Hilltop, Minnesota. Carlson met them at Sharkey's
Bar and paid Neison $1,000 for the television. Kwakenat suspected the television set
might be stolen, so he telephoned a pawn broker who operates near Peppercorn's.
After hearing KwakenaYs description of the transaction, the pawn broker responded "its
hot. Don't buy it." Kwakenat raised the issue of whether the television set was stolen
and Nelson repeatedly reassured Kwakenat and Car{son that the television set was not
stolen.
4. The television had been obtained from the Rochester Best Buy stose by
Nelson by having an accompiice forge a stolen check. The accomplice used a stolen
driver's license, altered by Nelson, to obtain acceptance of the check as payment for
the television.
5. On February 14, 1995, criminal Complaints were filed by the Anoka County
Attorney alleging that Kwakenat and Carison had received stolen property, a television
set, from Brian Nelson. Cify Exhibits 5 and 6. The Compfaints alleged felony violations
of Minn. Stat. §§ 609.53, subd. 1; 609,52, subd 3(3)(a); and 609.101, subd. 4. On Apri!
5, 1995, Carison and Kwakenat entered guilty pleas to the felony offense of receiving
stolen property. Id. In exchange for the guilty pleas, the Anoka County Attorney
diverted the matter to the Anoka County Pretriai Diversion Project. Successful
complet+on of that program wi4f resu{t in the dismissal of alf charges against both
Carlson and Kwakenat. Both men agreed to testify against Nelson if Nelson's criminal
case went to trial.
6. Kristine Schweinler, aiso known as Kristine Van Horn, is a senior license
inspector for the City of St. Paul. She is employed in the License Inspection and
Environmental Protection (LIEP) division, where she has worked for the past 13 years.
2
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7. Among other things, Schweinler is responsible for processing requests for
employee parties taking place after hours. By City ordinance, such part+es are allowed,
with thirty days written notice. Carison spoke to Schweinler at end of November, 1994,
while paying the license fee for Peppercorn's. At that time, Carlson mentioned that
Peppercorn's wouid be having its holiday party for the employees again that year.
Schweinier reminded Carison of the need to send a letter once the date of the party
was determined. City Exhibit 3. Due to a lack of communication between Carison,
Kwakenat, and Wayne Peterson, Peppercorn's manager, the letter was never sent.
8. At 1:36 a.m. on the morning of January 3, 1995, St. Paul police officer John
Wuorinen observed persons in Peppercom's piaying pool and drinking. Officer
Wuorinen noted the front door was locked. The back door was unlocked and the officer
entered the bar. lnside, Officer Wuorinen noted that the people present were drinking
beer. Peterson informed Officer Wuorinen that this was the annual holiday party and
that the party had been cleared in advance with Schweinler. The officer told Peterson
to lock the back door and then he left the premises.
9. On January 23, 1995, an assistant city attorney notified Peterson that the Gity
might take adverse action against all the licenses held by Peppercorn's because of
after-hours consumption of alcoholic beverages, failure to submit a written notice of the
after-hours party, and falsely informing a police officer that the party had been approved
by the City's Licensing Office. The letter requested that Peterson advise the attorney if
an administrative hearing wouid be required. By letter dated February 9, 1995, Carlson
responded that their right to an administrative hearing would be waived in favor of
appealing directly to the matter to the St. Paul City Council.
10. On April 24, 1995, an assistant city attorney notified Carison and Kwakenat
that the City might take adverse action against all the licenses held by Peppercom's
because of the receipt of a stolen television set and defivery of that television set to
premises licensed for on-site sale of intoxicating liquors. The letter requested that
Peterson advise the attorney if an administrative hearing would be required. The letter
also advised Carison and Kwakenat that the eariier licensing action, relating to the
after-hours party, would be combined with this appeal. No response was made to the
April 24, 1995 letter.
11. On June 13, 1995, a hearing notice was served on Robert K. Carlson and
John Kwakenat, and a copy was filed with the Office of Administrative Hearings.
Based upon the forgoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIONS
1. The St. Paul City Councii and the Administrative Law Judge have authority to
consider the charges brought against JB1 Enterprises, Inc. under Minn. Stat. §§ 14.55
and 340A.415 and §§ 310.05 and 310.06(b)(6)a of the St. Paul Legislative Code.
3
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2. The Licensee received timely and appropriate notice of the charges against it
and the time and place of the hearing.
3. The City has complied with all relevant substantive and procedural
requirements of statute and rule.
4. Under § 310.06(b)(6)a of the St. Paul Legislative Code, a{icensee whose
conduct violates a law reasonably related to the licensed activity is a basis for taking
adverse action against a license.
5. Under § 310.06(b)(6)c of the St. Paul Legislative Code, a licensee whose
conduct evidences a pattern or practice of violating laws reasonably related to the
licensed activity from which a lack of fitness or good moral character can be drawn is a
basis for taking adverse action against a license.
6. Under § 310.06(b)(7) of the St. Paul Legis4ative Code, a licensee whose
activities in the licensed business caused a serious danger to the public health, safety
or weifare is subject to adverse action against a license.
7. Under § 409.07(c) of the St. Paul Legislative Code, dispiay or consumption of
intoxicating liquors is prohibited on (icensed premises after hours of sale. Under §
409.07(a) of the St. Paul Legisiative Code, no intoxicating liquors may be sold bewfeen
1:00 a.m. and 8:00 a.m. on a weekday.
8. An exception is made to the limitatio�s on display and consumption
prohibition of intoxicating liquors by § 409.07{d) of the St. Paul Legislative Code, which
provides for an annual holiday party by a licensee if the party is at no charge and a
written request for approval of such party is submitted to the City license inspector.
9. The City has the burden of proof to establish, by a preponderance of the
evidence, that the Licensee violated the statute and ordinances under which it has been
cited.
10. The Licensee is subject to adverse iicensing action for the actions of
Carlson and Kwakenat as principal shareholders.
11. The receipt ofi stolen property by Carlson and Kwakenat is reasonably
related to the licensed activity in this matter. That conduct demonstrates that neither
Carlson nor Kwakenat is fit and able to hofd a license to sell intoxicating liquors. That
conduct created a serious danger to public safety.
12. Under § 409.14 of the St. Paul Legislative Code, the Licensee is responsible
for the acts of ifs employees at its pface of business.
13. The Licensee violated § 409.07(c) of the St. Paul Legislative Code, by
allowing display or consumption of intoxicating liquors on the licensed premises after
the hours of sale ended at 1:00 a.m. on January 3, 1995.
14. Under the penalty matrix in § 409.26(b) of the St. Paul Legisiative Code, a
one-day suspension of the Licensee's licenses is presumptively appropriate for the
offense of aliowing after-hours dispiay and consumption ofi intoxicating liquors. Under
a
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the penalty matrix, revocation is the presumptive penalty for conviction of a criminai
offense related to the licensed operation by a licensee.
15. Under § 310.05(k) of the St. Pau1 Legisfative Code, the City Councif may
impose upon any licensee or license applicant some or al{ of the costs of a contested
hearing before an independent hearing examiner. The costs of a contested hearing
which may be imposed upon a licensee include, but are not limited to, the cost of the
administrative law judge or independent hearing examiner, stenographic and recording
costs, copying costs, city staff and attorney time for which adequate records have been
kept, rental of rooms and equipment necessary for ihe hearing, and the cost of expert
witnesses.
Based upon the foregoing Conciusions, the Administrative Law Judge makes the
following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: That the licenses ofi JB1 Enterprises, lnc. be
revoked due to the acts of Robert Carlson and John Kwakenat in receiving stolen
property. The licenses of J61 Enterprises, Inc. should not be suspended or revoked for
the after-hours consumption or dispiay of intoxicating beverages on January 3, 1995.
The costs of the administrative hearing should be paid by Licensee.
Dated this�i day of August, 1995
L. ��
JOI . LUNDE
Administrative Law Judge
Reported: Taped: One Tape.
NOTICE
Pursuant to Minn. Stat. § 14.62, subd. 1, the City is requested to serve its final
decision upon each party and the Administrative Law Judge by first class mai{.
MEMORANDUM
There is no question that Caslson and Kwakenat received stolen property. An
issue arises as to whether this criminal conduct is sufficiently related to the conduct for
which J61 Enterprises, Inc. is licensed. The Judge concludes that the receipt of stolen
property under the facts of this case is reasonably related to the operation of the
licensed activity. The initial offer to sell the television took place at Peppercorn's, on
the licensed premises. The properiy was picked up in the City of Sf. Paul. Acting as a
conduit for stolen property encourages additional theft of property which is a threat to
public safety. There is a sufficient nexus between the licensed activity and the iHegal
conduct to take action against the licenses held by JB1 Enterprises, lnc. This conduct
s
�s- to�10
is evidence of the lack of fitness of Carlson and Kwakenat to operate a corporation
ficensed to sefi intoxicating liquors. The City has jurisdiction and authority to take
adverse aetion against the licenses of J61 Enterprises, inc.
The City presented multiple grounds for taking action on the after-hours display
and consumption charge. The afiter-hours violation, the failure to follow the rules for
obtaining approva{ for an after- hours party, and making a fatse statement to a police
officer are all cited in the initial notice as reasons for taking adverse action against the
Licensee. The after-hours consumption would not have been illegal if it was a properly-
approved holiday party under § 409.07(d) of the St. Pauf Legislative Code. The
Licensee failed to submit a request for approval in writing for the party. Thus, the
holiday party was not approved and the after-hours consumption is a violation of the
Code.
The analysis does not end there, however. There is a significant difference
between allowing iliegal consumption and display in the normal course of business, and
allowing that conduct when it is believed to be legitimate and pursuant to the City Code.
In this matter, the only dififierence between illegal after-hours display and consumption
and a lega{ holiday party is a letter. Carison spoke to a representative of the City and
mentioned the holiday patty long before the date of the party. The facts of this vioiation
support imposition of a penalty lower than the one-day suspension called for in the
penalty matrix. The allegation that Peterson made a false statement to a police officer
is not sustained by the_evidence in this matter. Peterson did not state that he had sent
a letter to the City requesting approval of the party. He merely said that the parly had
been "cleared" with the Licensing Office. There is no evidence in the record to suggest
that Peterson was aware that the required letter had not been sent or that he was trying
to misiead the officer. The violation is dg minimus and should be treated as such. In
the event of repetition or evidence of willful conduct violating the rule, a harsher penairy
would be appropriate.
Under the St. Paul Legislative Code, the City is authorized in section 310.05(k) to
require a licensee in a case like this to pay all of ihe costs of a contested case hearing.
The decision to impose those costs is discretionary with the City Councii. The Judge
has considered both the lack of a request for an appeal from the Licensee and the ease
by which the Licensee could have informed the City that no hearing need be
undertaken. The Administrative Law Judge has concluded that the Council may require
the Licensee to pay the costs of the proceeding.
J.L.L.
0
OFFICE OF THE CITY ATTORNEY
Trn�othy E. MarX C+tl' Attamel' - 1 S'� I p� O
CITY OF SAINT PAUL
Nomt Coleman, Mayor
Civil DivZrion
400 Ciry Hall
IS West Kellogg Blvd.
Saint Pau{ h1'uu�esota 55102
Telephane: 612 266.8710
Facsimile: 612 298S619
September 5, 1995
Nancy Anderson
310 City xall
RE: Wednesday, September 13, 1995 Council Hearing
Items for Consent Agenda:
JB1 Enterprises, Inc, d/b/a Peppercorn's
Nancy:
Attached is the signed resolution identifying the penalties imposed
by the City Council on JB1 Enterprises d/b/a Peppercorn's. Please
schedule this item for the Consent Agenda for the Council Hearing
on Wednesday, September 13, 1995.
Thank you.
Sincer y,
� / ,�
' �
� i �� 2n�
Peter P. Pangbor�
Paralegal