95-326Council File # � ✓��
�.��lAL
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, ; '; 1 `�� Green Sheet # �
RESOLUTION
CITY OF SAfNT PAUL, MINNESOTA �G
Presented By
Referred To
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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
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Form Approved by City Attorney
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Approved by Mayor for Submission to
Council
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Adopted by Council: Date ���_�q ` 1qqS
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Adoption Certified by Council Secretary
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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
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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
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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
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2
Worker Comp Exp Date..... 08/19/93
Telephone ................ 776-7010
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OFFICE OF THE CITY ATTORNEY
ru,wsy E. Marx ciryaaom�y p
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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