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95-326Council File # � ✓�� �.��lAL �z t , ; '; 1 `�� Green Sheet # � RESOLUTION CITY OF SAfNT PAUL, MINNESOTA �G Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 � Committee: Date RESOLVED, that the on-sale intoxicating liquor license (I.D. No. 26751) and all other licenses, inciuding Sunday on-sale, off-sale malt, restaurant, and cigarette, held by Food & Pub, Co. dba Kick-Off Pub, for the premises at 1347 Burns Avenue in Saint Paul, are hereby suspended for three (3) days, such suspension not be served but to be stayed for 18 months on condition of continuing compliance with law. FURTHER RESOLVED, that this action is based on the notice of violation letter dated February 13, 1995, and the admission of the licensee that he does not dispute the facts stated in the notice of violation letter, together with the mitigating facts and circumstances set forth in his letter, dated February 20, 1995. Requested by Department of: By App By � Form Approved by City Attorney $y : ��'°°"� - 3 - z-y5 Approved by Mayor for Submission to Council B Adopted by Council: Date ���_�q ` 1qqS _,�T Adoption Certified by Council Secretary 9s .�c Ain �fO7fl'f DEPARTMEM/pFFICE/COUNGIL DATE INITA7E0 1 V_ L V L V V LIEP 3i2ias GREEN SHEE _ MRIAVDATE INRIAVDATE CANTAGT PERSON ffi PMONE � DEPAflTMEPf� DIRECTOR Q QTV CAUNCIL Robert Resslex � OCiTVATTORNEY OGTYCLERK MUST BE ON CAUNCIL AGENDA BY (DATE) R Q�� O BUDGEf DIRECfOR O FlN. & MGT. SERVICES �IR. Public Hearing 3/29/95 o"oER ��pyOfl(ORASSISTANT) � 70SAL # OF SICaNATLRE PAGES (CLIP ALL LOCATIOtiS FOH SIGNATURE) ACTION REQUE5TED: . Adverse action against licenses held by Eood & Pub co., dba Kick-Off Pub, 1347 Burns Ave. RECOMMENDA710N5: approve (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWEfl TNE POLLOWING �UESTIONS: __ PLANNING COMMISSION _ qVIL SEBVICE COMMISSION �� Nas this personffirm ever worketl untler a coniract for this department? _ qBCOMMYfTEE YES N� — � A � — 2. Has this personHirm ever been a city employee? — YES NO _ o1SiR�C7 COUR7 _ 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? SUPPO4iTSWHICHCOUNCILOBJEGTIYE? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, What, When. Where, Why): ADVANTAGESIFAPPROVED' DISADVANTAGES IFAPPROVED. DISADVANTAGES IF NOTAPPROVED �N 9'WJi."'a3<'� �. @srs5 ��� � � ���� TOTAL AMOUNT OF TRANSACTION $ COST/HEVENUE BUDGETEO (CIRCLE ONE) VES NO FUNDII3G SOURCE ACTIVITV NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY ���, �' G Tima6ry�@. Marx, GryA+tomey CITY OF SAINT PAUL Norm Coleman, Mmar - Cn•i! Drt�u+on S00 Cir�� Hall I S West Kellogg BZvd Sainr Paul, Minnesora 55702 4. a �d>.�.��_ .�-,. _,... ���...a March 2, 1995 NOTICE OF COUNCIL HEARZNG Sohn F. Berglund Executive Director and Legal Counsel Minnesota Licensed Beveraqe Association 2353 Rice Street, Suite 139 Roseville, Minnesota 55113 Re: Licenses held by Food & Pub Co. dba Kick-Off Pub Deaz Mr. Berglund: Tekphone: 613 266-87I0 Fa<simitc 612 298-5619 _ e ; r ' .r � Please take notice that a hearing concerning the above-named establishment has been scheduled £or 3:30 p.m., March 29, 1995, in the City Council Chambers, Third F1oor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents whic� will be -presented to the City Council for their consic�eration:-�'2�is is an uncont�sted hearing, in that the facts containsd in the notice of violation letter have been admitted. You will have-.an.=gp.portun3ty at.the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recom�enr3atifln.of the license office will be for a three day sus�ension �:riic2r_ is stayed for 18 months on condition of continuing co�3: �:�ce wa�': 3aw - °_ - °- - - - If you ha✓e any questions, please call me at 266-8710. very truly yours, - }��� F '� � � � P3zilip� 3yrn��� Assistant City Aitorney cc; Nancy Anderson Assistant Council Secretary Robert Kessler Director; LIEP �s''.3.�L UNCONTESTED LICENSE HEARING Licensee Name: Food & Pub Co. dba Kick-Off Pub Address: 1347 Burns Avenue Date Of Council Hearing: March 29, 1995 Violation: Possession of a Video Game of Chance Minn. Stat. § 349.31 (1994) Date: January 30, 1995 Place: Licensed Premises Matr� Presumptive Penalry: N/A [Matrix provides a one day suspension for illegal gambling on the premises.] Recommendation by Assistant City Attorney on behalf of client, Office of License Inspections and Environmental Protection: To impose a three (3) day suspension, staying the entire suspension for 18 months on condition of continuing compliance with law. Attachments 1. Proposed resolution 2. License infarmation 3. Notice of Violation 4. Letter of licensee or attorney agreeing not to contest the facts �s- 3 a� Lic ID ................... 26751 STAT ..................... AC Business Name............ FOOD & PUB CO Doing Business As........ KICK-OFF PUB Address .................. 1347 BURNS AVE Zip .. ................... 55106 Exp Date ................. 10/31/95 License Name ............. ENTERTAINMENT-CLASS B . RESTAURANT (B)-MORE THAN 12 SEATS . GAMBLING LOCATION (CLASS C) . SUNDAY ON SALE LIQUOR . LIQ-ON SAI�E-1005EATS/LESS-C NOTE AREA ................ IP3SP CHANGE FROM O1 TO 02 ON 4/09/92 . 11904 . 070187 PH ON APPN TO TRFR ON SALE LIQ, SUNDAY LIQ . CLASS TII ENTERT. GAMBL LOC A& REST B LIC FROM . LAMPLIGHTER LOUNGE OF ST. PAUL, INC. DBA KICK-OFF . APP'D C.F. 87-976 . 123087 PH HELD GRANTING APPROVAL OF VARIOIUS ON SA . L LIQUOR RENEWALS - CITY COUNCIL REMOVED KICK OFF . PUB FROM LIST Press <RETURN> to continue... Alt-Z FOR HELP, VT102 , FAX � 9600 E71 { LOG CLOSED I PRII3T OFF I Bond Policy Number....... Bond Company.... ........ Bond Effective Date...... Bond Expiration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Ef£ective Date. Ins. Expiration Date..... Associated Stock Holder.. 012888 """" REFERRED TO FINANCE COMMITTEE 091388 "" RENEWAL APP'D C.F. 88-1494 110388 GAMBLING LOC A LIC EXP 103188 CANCELLED REF UND P.V. V-160-0431 ADDRESS IS 1347 1/2 BURNS AVE. 12/22j88 PH ON APPN (ID#764882)P'OR GAMBLING LOCATI ON LICENSE LAYEB OVER 2 WEEKS. O1/05/89 PH ON APPN (ID#{76482) FOR GAMBLING IACATI ON LICENSE APPROVED C.F. 88-2042. ID#76482 MERGED WITH ID#26751 FOR 1989 RENEWAL BILLING. PARK GLEN NATIONAL MI3LL940557 10/13j94 10/31/95 LARRY BOWIE GABRIELLE LACASSE Dealer ................ Tax Id ......... ..... . -390342 Press <RETURN> to continue... Alt-Z FOR HELP� VT102 � FDX � 9600 E71 � LOG CLOSED � PRINT OFF I 2 Worker Comp Exp Date..... 08/19/93 Telephone ................ 776-7010 Press 'C� to continue, 'P' to print, or 'R' to redisplay... OFFICE OF THE CITY ATTORNEY ru,wsy E. Marx ciryaaom�y p �� CITY OF SAINT PAUL No�m Colanan, Ma}+or Civit D'ndsion 400 Ciry HaU ZS West Keliagg Bivd SaintPaul, Minnesota 55202 Telephone 612 266$710 Facsimile.� 6I2 29&5619 February 13, 1995 Larry G, Bowie Food & Pub Co. dba Kick-Off Pub 1347 Burns Avenue Saint Paul, Minnesota 55106 Re: Licenses of Kick-Off Pub License ID No. 26751 Dear Mr. Bowie: I am in receipt of information that could lead to adverse action against all your licenses. The basis for adverse action is: On January 30, 1995, a polices officer seized a gambling device, i.e., a video game of chance, that was in the licensed premises. The information was reported to the city license office. Minn. Stat. §§ 349.30-.39 provide that the intentional possession of a gambling device is a violation, that the city is required to issue a show cause order to the violator, that the city council is mandated upon a finding of a violation to revoke or suspend all of the licenses of the establishment, and that the licensee before closure is entitled to appeal to the district court. Before I commence the statutory proceedings as required by law, it would be helpful to know whether you are going to be represented by counsel in those proceedings. If you are, please have him or her call me as soon as possible. The first matter which I will discuss with your attorney, or with you iY you are not going to retain counsel, is whether you admit or deny the facts that I have stated above concerning the possession of the video machine. That will help determine how this matter wi11 be handled. If there is a dispute as to the facts, we would schedule the evidentiary hearing on the facts before an Administrative Law Judge. If the facts are not in dispute, then the matter would go straight to the Council for its action. c�� 3�. y Fage Two Larry G. Bowie February 13, 1995 Please call me or have your attorney call me at 266-8710. Very truly yours, . �, j `����`` ,c " Philip . Byrne Assistant City Attorney cc: Robert Kessler Director, LIEP Sgt. Per Tredal, SIU �IS-3�� MINNESOTA LICENSED BEVERAGE ASSOCIATION, INC. John F. eergiund E<ecuttve oirecror . -._ ��. � i . $ � � -' 2353Rice5heet �C �: ' R{ z_ ; �; Surte 139 � � Roseville,MN55113 612-486-O9t� February 20 , 1995 {<4� N''i, j9g� F 8612�-ae6-0786 �� � E'�`"��Fi� oe Mr. Philip B. Byrne Assistant Gity Attorney Civi! Division 400 City Hall 15 Wesi ��iic5gg �,fvt,'-. St. Paul, MN 55102 RE: Licenses of Kick-Off Pub License ID No. 26751 Dear Mr. Byrne: Pursuant to our telephone conversation the purpose of this letter is to inform you that my office will be representing Larry Bowie and the Kick--Off Pub in response to your letter dated February 13, 1995. This letter shail serve as an admission by my client of the facts contained in your letter. My client additionally wishes to inform your office and the City of St. Paul that he was unaware that the machine confiscated is legally defined as a gambling device. He has indicated that not only did no gambling occur with the machine but that, due to the design of the machine, it is essentially not possible to be operated as a gambling device; even should it meet the technical definition of the law. Mr. Bowie would also represent that the machine, which was owned by his vendor and placed on his premises with his permission, was informed by the vendor that it was legal. The vendor, Tom Suggs, has confirmed that with me. In fact, it is our belief that the city police may have first learned of that machine in the Kick-Off Pub as a result of cooperation by the vendor when the vendor learned that the machines were not legal. For your final consideration towards recommending a penalty in this matter, for which we would respectfully request that there be either none or a probationary period only, we would ask you to review the licensees record for which we are under the belief that it has been without incident. Mr. Bowie is very concerned about this incident and how it may affect both his license and his future business. He sincerely wishes to cooperate with your office and the city as you deem appropriate. CHAIRMAN PRESIDENT EXECUTIVE VICE PRESIDENT VICE PRESIDENT ON-SALE VICE PRESIDEN70FF-SALE SECRETARV TREASURER Tm O'Gara Dennis Zwifhng Dave Chase Dennis Dahl Jack Lanners Howie zmmer Ka[hy Huber Member of The Nahonal Restaurant Association aud The Nadonal Associauon of Beverage Retaile�s �s- 3�� Mr. Philip B. Byme Assistant City Attomey February 20, 1995 Page -2- Thank you for your courtesies extended in this matter. Would you kindly advise as to the procedures that follow. Thank you. Very truYy yours, �� ��� John F. Berglund � Executive Director & Legal Counsel JFB/mb