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95-573Council Fi1e # J �S�J 0 R) G I N A L Green Sheet # ��e� � 7 RESOLUTION CITY OF SAINT PAUL, MINNESOTA g /7 � i s _._- �� Presented By Referred To 1 Z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Committee: Date RESOLVED, that the on-sale intoxicating liquor license (I.D. No. 16124) aacl all other licenses, including Sunday, on-sale, restaurant and cigarette, held by JJB of St. Paul, Inc. dba The Lamplighter Lounge, for the premises at 160 Larpentc��r Avenue West in St. 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 and maintenance of a system of record keeping with respect to the age and identity of dancers on the premises that conforms to the federal record keeping statute, Title 18 U.S.C. Section 2247 and Title 28 C.F.R. Section 75.2. 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 nouce of violation letter with respect to tbe gambling device, togetber with the mitigating facts and circumstances set forth in his letter, dated April 17, 1995. Adopted by Council: Date�� S Adoption Certified by Council Se et� By: Appi Byc Requested by Department of: By: Form Approved by City Attorney BY= /r 1'�il.� �'�� ' Approved by Mayor for Submission to Council By: �T.�-S'�3 DEPARTMENT/OPFICE/COUNCIL DATE INITIATED N� �� G� / c�t coun�� May a, 1995 GREEN SHEE CONTACT PERSON 6 PHONE INITIAVDATE INITIAL/DATE � �EPARTMENT DIRECTOR � qTY CAUNC1l Janice Rettman 266-8650 ASSIGN �CITYATTORNEV OCITYGLERK aueaaea Fon MUST BE ON COUNCIL AGENDA BV (DATE) pOUTING � BUDGET DIRECTOR O FIN & MGT. SERVICES DIR. 1`Sd 2.LF 1995 OFOER OMAYOR(ORASSI5TANT) � 70TAL # OF SiGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION flEQUESTED. Suspension of On-Sale Intoxicating Liquor Liseace and all other licenses, including Sunday, On-Sa1e, Restaurant and Cigarette held by JJB of St. Paul, Inc., cba The Lamplighter Lounge at 160 Larpenteur Avenue West. RECOMMENDATIONS� Approve (A) or Re�ect (R) pEqSONAL SEflVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNMG COMMISSION _ qVIL SERVICE COMMISSION �� Has this person/Firm ever worked untler a contract Fot thls department? _ qBCOMMITTEE _ YES NO 2. Has this person/firm ever been a city employee? � STAFF — YES NO � DISTRiCT CoUR7 _ 3. Does this personlfirm possess a skill not normally possessed by any current ciry employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet antl ettach to 9�een sheet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, What, When, Where, Why): ADVANTAGESIFAPPROVED �ISADVANTAGESIFAPPROVED� DISADVAN�AGES IF NOTAPPROVED: ^ � � � �iAY � � 199� 707AL AMOUNT OF iRANSACiION $ COST/REYENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfdG SOURCE ACTIVITY NUMBEq FINANCIAL INFOfiMASiON: (EXPLAIN) 9.� s�3 Lic ID ................... STAT .................•••• Business Name............ Doing Business As........ Address .................. Zip ................•••••- E� Date ................. License Name ............. NOTE AREA ................ 16124 AC J J B OF ST PAUL INC THE LAMPLIGHTER LOUNGE 160 LARPENTEUR AVE W 55113 03/31/96 CIGARETTE RESTAURANT (B)-MORE THAN 12 SEATS SUNDAY ON SALE LIQUOR LIQ-ON SALE-OVER 100 SEATS-B ENTERTAINMENT-CLA5S C INSPECTOR CFIANGE FROM BARB TO MIKE - 1/6/92 11340 136 SEATS 5-5-87 4/24/90 PER COUNCIL ADDING CLASS 5-ENTERTAINMENT I,ICENSES. LICENSEES WITH CLASS 4 HAD TO UPGRADE. NO COUNCIL ACTION NEEDED PER KRIS. RENEWAL APP'D 6/15/93 - MAILED 7/9/93 Bond Policy Number....... Bond Company ............. Press <RETLTRN> to continue... Alt-Z FOR HELP° VT102 ° FDX Bond Fffective Date...... Bond Expiration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... Associated Stock Holder.. Dealer No ................ TaxId ................... Worker Comp Exp Date...,. Telephone ................ ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° LLOYDS OF LONDON TAM002270 03/14/95 03/31/96 JOHN 3 BERKLICH 4418035 02/Ol/95 489-9200 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° 9�s� s�� UNCONTESTED LICENSE HEARING Licensee Name: The Lampfighter Lounge Address: 160 Larpenteur Avenue West Council Hearing Date: May 24, 1995 �olation: Possession of a Video Game of Chance Minn, Stat. § 349.31 (1994) Date: January 26, 1995 Place: Licensed Premises Matrix Presumptive Penalty: N/A (Matrix provides a one day suspension for illegal gambling on the premises.) Recommendation of 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 and maintenance of a system of record keeping with respect to the age and identity of dancers on the premises that conforms to the federal record keeping statute, Title 18 U.S.C. Section 2247 and Title 28 C.F.R. Section 75.2. Attachments: 1. Proposed resolution 2. License information 3. Notice of Violation 4. Letter of licensee or attorney agreeing not to contest the facts 5. Police Report OFFICE OF THE CITY ATTORNEY Timoury E. M¢rx, Ciry Attomey gs S CITY OF SAINT PAUL Nomt Co[onan, Mayor Civi1 Z)ivfcion 400 Cuy Hall IS West Kellogg Btvd SaintPaul, Minnesota SSZ02 TeZephone: 612 26687Z0 Facsimile: 612 298-5619 April 27, 1995 Mr. Randall D. B. Tigue Attorney at Law Nicollet Avenue Professional Building 2620 Nicollet Avenue Minneapolis, Minnesota 55408 RE: Licenses of Lamplighter Lounge License ID # 16124 Our File Number: G95-0085 Dear Mr. Tigue; We recently notified you o£ the date £or the uncontested license hearing before the St. Paul City Council involving The Lamplighter Lounge. We have had to reschedule that hearing to the following Wednesday. The hearing is now scheduled for Wednesday May 24, 1995, at 3:30 p.m. at the same location in the City Council Chambers, Third Floor, 5aint Paul City Hall and Ramsey County Courthouse. I apologize for the change and hope this doesn't cause any conflicts in your schedule. Thank you. Sincerely, Peter Pangborn Paralegal cc: Nancy Anderson, Assistant Council 5ecretary Robert Kessler, Director LIEP Frank Staf£enson, Deputy Director LIEP Sgt. Per Tredal, SIU Sue Vannelli, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 9's Sz UNCONTESTED LICENSE HEARiNG Licensee Name: The Lamplighter Lounge Address: 160 Larpenteur Avenue West Council Hearing Date: May 24, 1995 �olation: Possession of a Video Game of Chance Minn. Stat. § 349.31 (1994) Date: January 26, i995 Place: Licensed Premises Matrix Presumptive Penalty: N/A (Matrix provides a one day suspension for illegal gambling on the premises.) Recommendation ofi Assistant City Attorney on behalf of client, Office of License, fnspections and Environmental Protection: To impose a three (3) day suspension, staying the entire suspension for 18 months on condition of continuing compliance with law and maintenance of a system of record keeping with respect to the age and identity of dancers on the premises that conforms to the federal record keeping statute, Title 18 U.S.C. Section 2247 and Title 28 C.F,R. Section 75.2. Attachments: 1. Proposed resolution 2. License information 3. Notice of Violation 4. �e#ter of licensee or attorney agreeing not ta contest the facts 5. Police Report . OFFICE - ' THE CITY ATTORATEY � T+nwr/ry E. M�rx, Cin�Anorney 9'S-�7� _ CTTY OF SAINT PAUL Norm Coleman, Mapo� Cna! D'n�idon 400 C+ry HaU 15 West Kello� Blvd Saint Pau� Minnesow 5510? Telephone: 672 266F770 Facsinule; 612 2985619 February 13, 1995 John J. Berklich Leah Sandra Dyke, Manager JJB of St. Paul, Inc. dba The Lamplighter Lounge 160 Larpenteur Avenue West Saint Paul, Minnesota 55113 Re: Licenses of Lamplighter I,ounge License ID No. 16124 Dear Mr. Berklich and Ms. Dyke: I am in receipt of information that could lead to adverse action against all your licenses. The basis for adverse action is: On January 26, 1995, a police officer discovered a gambling device, i.e., a video game of chance, on the bar in the licensed premises. Since this is a violation of Minn. Stat. § 349.31, the officer left a message for the manager to call him. No call was received, and on January 30, 1995, he returned to find the gambling device still there. It was seized by the police at that time. In addition, police officers and license personnel have observed in recent weeks that females who appear to be extremely youthful are dancinq in the bar with very little clothing in the general areas of the bar without separation from the patrons of the bar. This takes place with the permission and consent of the management of the bar. This activity may encourage actions that are in violation of section 409.o9 of the Saint Paul Legislative Code relating to forbidden touching of persons, and may be deemed by the Council to endanger public health, safety and welfare under section 310.o6(a)(7) of the Legislative Code, both because of the youth of the dancers and the proximity to patrons. 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 9 ss� mandated upon a finding of a violaticn 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 proceedings as required by state 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 immediately. The first matter which I will discuss with your attorney, or with you if you are not going to retain counsel, is whether you admit or deny the facts that 2 have stated above concerning the possession of the video machine, and the dancing in the bar. 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. Please call me or have your attorney call me at 266-8710. Very truly yours, �. Philip . Byrne Assistant City Attorney cc: Robert Ressler Director, LIEP Sgt. Per Tredal, SIU Leah Sandra Dyke, Manager 19 Robb Farm Road North Oaks, Minneso4� 55127 9s Randatl D.B. Tigue Attorney At Law Nico3letAvenue ProFessionai BuiIding 2620 NicoIlet Aoenue MinneapoIis, Minnesota 55408 (612)874-9903 Fas(612)870-1224 April 17, 19 �� Mr. Ted L.eone Assistant City Attorney 400 City Hall St. Paul, Minnesota 55102 RE: Licenses of Lam�lighter Lounee License Id. No. 16124 Dear Mr. Leone: !� �'r? �` � ? " P � ��``�� I am writing to confirm out telephone conversation concerning disposition of the above- described matter. By this letter, the licensee admits that on January 26, 1995, there was on the premises a video poker machine. Even though this game is for amusement purposes only and contains no pay off factor and had been in the establishment for over 11 years, without complaint from any police officers who frequented the establishment, the licensee admits that it technically constitutes a video game of chance and therefore a gambling device within the meaning of Minnesota Statutes Section 349.31. This admission is based on our agreement that upon this admission city staff will recommend to the councii a 3-day suspension of license stayed for 18 months. The conditions of the stay are the foilowing: I. That the lacensee not have on the premises any a�diticnal video gambling devices. 2. That the licensee maintain a system of reco: ds «ith respect to verification of the identities and ages of dancers on the premases, as aut:inzd in my letter of March 10, 1945, a copy of which is attached hereto as incorporated by reterence as if fully set forth herein. r ---, �burs truly, r � � / ��il:-�� '�' %�,�,,.-�..-,- G Randall D.B. T' e Attorney at Law RDBT/mk Enclosure c: Mr. Jack Berklich Page �_ of � Day MonN Da7 - Ye l �v � qass: tocation of Call: a�ro �✓ - Time & Date of Ocairrence: Oxurred [] pt ❑ 6etween: _ ST. PAUL POLICE DEPARTMENT GEkERAL REPORT Squad; �/ Team�: � �l S I � �X G hrs. on � �ia ��2� I �3 y7 N� r. Bus. Phone and hrs. on Disposition: � Records � j� � � Crime Lab b Locker Room � cGl /^ / P t' � �� ! G�Gt' � �G �J �(� !n Q G! � � !i! (� �.L ( S! P2 -e� G} C/ i G�C�O f�-'GI s �Ii'� /Y/ �t'�`i �vr f �r o ryr f"L P '�-Gtt-Yr� Gi��.n��v� �GOrvr�-e �9S-D/z � Y7l�. 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No.: O.T.: Typis q.0.• Code: Na - Vy: �Yes � No j�- yCkf'�� Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lab Ree ❑ Team ❑ Sex ❑ Rptr � Othei � C.C, - Z 1 D/C [] Burg � Theft � Prop � CAU ❑ F&P � Auto ❑ DAO [] CO � HumSen �—/� P�2'{t,9PR S y � CON7INUE NARRATIVE HERE , � � I3�/7 6U��1 � 7�� --��io . �� S�-G�u L ��o° � Ci�l '�tit � "/ G �G�? � I��' �' G`� T" l'2t� Gr �G r�t tn p( t (nC� . ..S�C� 2t� P '7�1��z° G� C� ��O ?G J Gl /.ve ��i �c q ��l�ti� �,�f� � n0 �f /�l.ttr� �r'�e�t� . % �-f 6 � N ff� �� s�.� -t �� ,•�, � l < l� � 9 .�� _ :�-� J c� S;/� �e � S �-5 s, l ��,J _ w e s�QZ �o/ "�� a�l,� �� /a�r� ��-f ��, fG� P Y�/�. J__�C Q�S� G� C�C/ ��t°l- � l Gr� `�/ �t G��'e �e ( l y.' Z c) �, � ,5 a �d' fC� � � P w•r� �(�l H Gt Gv G� v '! �(n P �iYl ��iG-ii v' �G_f G.J f Y P f�16 T !-P� Gr � cS otG SGc/G� ��-f //vtF' P.�i�� e S Qv� � i'P r°ii,StC/� LJ i�G, �G. e �` l�� G[?/lG� �`i ai T h P /�.f / ✓� CG/�f �v T � �G !� �Ca !� 1 � �i � Evr � - C C� � C �, 7 /l r # '� � (� Gt E�� ,,a P. �T f S�' � i/ f�� '.�`� ��' � a� �a �� s,�.� s��s i� �a�.� � ��y o� ��e /,`e �-s� • 56� f�d as � 0� k�P ST. PAUL POUCE DEPARTMENT � ��_�� "��a o' � - GENERAL REPORT � • �� Gay !don:h Ga;e Year ';r.e: SGuad: 7eam: OffenseC 2 1 �0 9� :?�5 79� Central Liquor License Violation C'.zsr. Loce:icn cf Call: Location ot Crime Scene: Time of Arrest' ��1� � Gn Tour 160 W. Larpenteur 9ve ?ime & Oa:e ot Qc:.ur;ence: Sus. Phone: Home Phone Occurred J At L Between: hrs. on and hrs. on Comp�a:r,an; s Name (Last, nrst, Midole): I Address: c r c t-�' /r - 1 1(1(1 F r �trh Crr r ..ncres necoverey: Disposition: � Records � Crime lab Locker Video `:2crine "Little Casiao" Digi[al Controls Inc. �CrimeLab ( On 1-26-9�, while conducting a premise check of the LampliQhter Lounee. patrol observed a video �ar,.ing machine on the bar of the Lamplighter Lounge. The machine was on and functional. The machine, upon taking a quarter, provided game selections on SLOTS, AORSE RACE, BLACKJACK �OKER & C�APS. The presence of this machine in a licensed liquor establishment is a viola[ion ot tre licensing laws of the City of Saint Pau1. A message was left for the manager to contact Sgt. Tredal with negative results. 0� today's date, the machine was zgain noted on the bar and it was seized. It should be noted that no serial number was present, the manufac[urer plate apparently having been're- �oced fron the left side of the machine, nor any City permit stickers were attached. Machine to be turned into Vice. Copy to LIEP: ATTN: C. RQZ=R 0 i a �, 0 N I � � I Sgt. Tredal No.: Emp. 6f1F ❑ Hom ❑ Aob ❑ Jw ❑ Coord ❑ ID ❑ Lab D/C [� Burg � Theft � Prop Q CAU ❑ P&F Q Auto I �Yes � No ��=�; � Rec ❑ Team ❑ Sex ❑ RpV DAO � CO ❑ HumServ PM 621-92R ST. PAUI ?OLICE DF.P„RTMENT SUPpLEMEN7AL REPORT L 1 CONPiNUAT10N OF: L! CRiGINAL REPORT ❑ SUPPLEMENTAL REPORT a& Time ot Report: � � Otlense/I�ident: � Team: T�me of Arresi: _ 1200 hrs 1-30-9� Liquor Lice-=_e Vio1a[ion � C Received a ca11 from a Thor..as Suggs, Jcbalee *?usic Co. 146� SelSy =.ve. 647-1930, •..�ho stated that the machine at the La^�plighte: belonged to his co^�pany. Y,e �:as advised about the violation. SliGGS was asked about no city l:cense on the cachine to which he stated that t�e city was late in sending them out, ar,d agreed that the machine probably should not have been on the bar under [hese circunstances. SUGGS =_tates that he has one other machine in the city that he will remove ?�mediately. SUGGS could offer no explanation for the missing �anufactor place and seriai number. fie was advised that because of the ;nissing serial nur.�ber, the machine would not 1ikely be returned. c� z � � 0 � N I F J N �fF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ Lab D/C ❑ Burg � Thett � Prop � CAU ❑ F&F Q Auto V.1.: ��C I �� Yes � No L--�-�., � � Rec ❑ Team ❑ Sex ❑ Flptr DAO ❑ CO ❑ HumServ L PM 622-93R �573 .o�o Z J X E u' � � � m C � O ` < y Y 0 � v ❑ a' � � oV o �- a m o = h _ m � O _ J Q 1' LL p ^ , o a m o c � I Z � a h � c o � O J p � I-� J � Q w V � LL � v p r- a s w O � 4 V a � C W 1 O a � o 0. � N E LL � c � a � c 3 � LL U L � O d � N T 9 "6 W a O i � V N a .� w Q 0 O Z a E w � d O C � (� V c c a � E Q o � Q� a $ E.°_I� o�'n �' o X m V- V LL C W � 1 l l � .-�+ 4I� V � c ` Y � � .s E `m � u o � � J C ' � J ` � 6 V J � d o E n c E E E � a V i i V U �•> 1 1 1 1 1 . � O � -� J CG -� U -� < U d a U U � m U `m °i a� o - a d � E �� c � L � O � C O Ct .� � O � m � 2 '�no v 0 " a � o • =Z � L 6 � O Z v ti u c .\�J 1� C > i � , C l V F y C � ' V � � i, � �1 u N C l L a � � - c F c c n c o u 6 �