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95-574� M� ti � � � Council File � �� / � 0 R I G I N A L 5��y,�s Green Sheet # v"O/�� RESOLUTION � �1IY OF SAINT PAUL, MINNESOTA B , 5 �� Presented Referred 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Committee: Date - �hct�C' c.. �R S Go . o o �; t. L � s � vv��i c� � c� o Y\ RESOLVED . ��j-��pLiquor City, Inc, dba Liquor Ciry and located at 560 Como Avenue Street in Saint Paul '�+> �� -€a��iad-c�-cine.(1�da3t, C mma , rz�� for the violation of "Sale of Alcoholic Beverages to a Minor." This Resolution and the action taken above are based upon the facts contained in the March 27, 1995 notice of violation letter to the licensee, the admissions of the licensee in his attorney's letter of April 13, 1995 that he does not dispute the facts stated in the notice of violation letter, and such arguments as may have been presented to the Councii at the public hearing. Adopted by Council: Date '2 � Adoption Certified by Council S retary By: App� Byc Requested by Department of: By: Form Ap roved by City Attorney $ � . � �cc. 5-3•45 Approved by Mayor for Submission to Council By: > �s-s� DEPARTMENT/OFFICE/COUNpL pATE INITIATEO '`� 2$ 2 � 9 c�t coun�� r� a 1995 GREEN SHEE � INRIAIIDATE IPl4TIAllD0.TE CANTACT PERSON & PHONE O OEPAfiTMENT �IRE O CITY CAUNCIL Councilmember Rettman A$$�(t! �CITYAITORNEY �GmCLEFK NUYBEti FOfl MUST BE ON COUNCIL AGENDA BY (DATE) p0U71HG � BIIOGET O�RE(.TOR � PIN. & MGT. SEflVICES Diq. M2.y Z�+ 1995 OROEN O MAYOR (ORASSISTAN'n O TOTAL # OF SIGNATUFE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACI70N REQUESTED: Suspension of Liquor Off Sale and Grocery License held by Liquor City, Inc., dba Liquor City located at 560 Como Avenue. RECAMMENOATIONS' ApRrove (A� or Reject (R� PEPSONAL SERVICE CONTRACTS MUST ANSWER THE FOI.LOWING QUESTIONS: _ PI.ANNMG CqMMISSION _ CIVI� SERVICE COMMISSION �� Has this pe�son/Firm ever worked untler a contrac[ for this department? _ CIB COMMITfEE YES NO _$TAFF 2- Has this personHirm ever been a ciry empbyee? — YES NO _ DISTRIC7 COURT _ 3. Does iNS personttirm possess a skill not normally possessetl by any current city employee? SUPPORTSWNICHCOUNCILO&IECTIVE? YES NO EXplein all yes enswers o11 Separete Sheet anE ettaCh to green sheet INITIATING PROBLEM. ISSUE, OPPORTUNITV (Who, What, When. NTere, Why): ADVANTAGESIFAPPROVEO' � � `�' ��a"t� ��3if�j' �,q�{ - � 1995 DISADVANTAGES IFAPPROVED. DISADVANTAGES IF NOT APPROVED 70TAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUMDI{3G SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) ' � OFFICE OF THE CITY ATTORNEY Timothy E. Mar.S Ciry Attorrsey �j � r �� i CTTY OF SAINT PAUL Nolrrs Cotemm>, Mayoi �� Civil Division 400 City Hall IS West Kellogg Blvd Saira Pau; Minrzesot¢ 55102 Te7ephone: 612 266-8710 Facsimile: 612 298-5619 May 3, 1995 NOTICE OF COIINCIL HEARING Gregory 3. Holly McGUigan, Ho11y & Ingebrand, P.L.C. 176 North Snelling Avenue Suite 200 Liberty Bank Building Saint Paul, Minnesota 55104 RE: 5/24f95 Uncontested License Hearing Licenses of Liquor City, Inc. dba Liquor City License ID # 16244 Our file Number: G95-0145 Dear Mr. Holly: Please take notice that a hearing concerning the above-named establishment has been scheduled for 3:30 p.m., May 24, 1995 in the City Council Chambers, Third Floor, Saint Paul City Aall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council £or their consideration. This is an uncontested hearinq, in that the essential facts contained in the attached police reports have been admitted to. You will have an opportunity at the Council hearing to present oral andjor written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a one (1) day suspension of the license. If you have any questions, please call me at 266-8728. Sincerely, . _ � "� Philip . Byrne Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director LIEP Frank 5taffenson, Deputy Director LIEP Sgt. Per Tredal, SIU Nita Quinn, Community Organizer, District Council, 1053 N. Dale 5t., St. Paul, MN 5511'7 6 Planning � s- s�� UNCONTESTED LICENSE HEARING Licensee Name: Liquor City, Inc. dba Liquor City Address: 560 Como Avenue Council Hearing Date: May 24, 1995 �olation: Sale of Liquor to a Minor Minn. Stat. § 304A.503 (1994) St. Paul Legislative Code § 409.08 Date: March 9, 1995 Place: Licensed Premises Matrix Presumptive Penalty: One (1) Day Suspension Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: One (1) day suspension (first offense) 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 9s-s7� Lic ID..••• .............. 16244 STAT ..................... AC Business Name............ LIQUOR CITY INC Address .................. 560 COMO AVE Zip ...................... 55103 Doing Business As......,. LIQUOR CIT`Y License Name ............. LIQUOR - OFF SALE . GR�CERY (C) Exp Date ................. Ol/31/96 Insurance Carrier........ ST PAUL CO'S Ins. Policy Number....... RB06628432 Insurance Effective Date_ 01f13/95 Ins. E�iration Date..... 02/O1/96 NOTE AREA ................ INSPECTOR CHANGE FROM BARB TO MIKE - 1/6/92 . 9796 . 8-1-94 Warning notice was sent for sale of alcoho . 1 to a minor Tax Id ................... 6411527 Worker Comp Exp Date..... 12f03/95 Telephone ................ 488-1515 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° - - "" OFFICF'^F THE CITY ATTORNEY Tuno�hy E:�'✓s, ff+S' Aaon+ey ��- '� 7/ � CTI'Y OF SAINT PAUL No�m Coteman, Mayor Civil Division 400 Ciry HaTl ZS Wes KeUogg Bhd Saint Pau� Mi�eora 55102 Telephonr 612 266,q710 FauimiTe 612 298-5619 March 27, 1995 Liquor City, Inc. Wayne E. Hanrahan, Manager 560 Como Avenue Saint Paul, Minnesota 55103 Re: Licenses of Liquor City License ID 16244 Dear Mr. Hanrahan: I am in receipt of information that could lead to adverse action against all the licenses of Liquor City, Inc. The basis for adverse action is: On March 9, 1995, at about 5:45 p.m., a minor purchased a 12-pack of beer on the licensed premises without being asked for any identification as to age. The minor was accompanied to the establishment by an employee of the license office and a plain clothes police officer. The sale to the minor was a violation of Section 409.08 of the Saint Paul Legislative Code, as well as of state Iaw, Minn. Stat. § 340A.503 (1994). If you do not dispute that the above sale took place, this matter will be scheduled before the City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. I will need to have a letter from you saying that you do not dispute the facts if we are going to follow that path. On the other hand, if you dispute the above facts, I will schedule the evidentiary hearing on the facts before an Administrative Law Judge. In that event, you will receive a notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. �-�� rr�. `�� In either case, you should contact me within ten days from the date of this letter. If I do not hear from you, 2 will schedule the hearing, and you may be responsible Por the costs of the hearing if you do not then appear and contest the facts. Please call me or have your attorney call me at 266-87I0. Very truly Philip . Assistant yours, � �?l�� Byrne City Attorney cc: Robert Kessler Director, LIEP ICris Van Horn, LIEP Sgt. Pex Tredal, SIU � �� ,w�� 9s s�� PwxucrtJ. blcGwc.w G�¢ooln J. Houx GEOwDe B. Lv6�luND, JR R�aav: Jolv+x McGrnc,w RoansJ. McGCUO.w Jow+ EL McGUnw, Jx (19�M-1988) MCGUIGAN, HOLLY & INGEBRAND, P.L.C. ro��Ty McG+•+g�n & McGUi�an E9L 199.9 Mr. Philip B. Byme, Esq. assisranc c;cy auorney Ciry of St. Paul 400 City Hall 15 W. Keilogg Boulevard St. Paul, Minnesota 55102 Re: Adverse Action vs. Liquor City, Inc. License ID 162A4 Dear Mr. Byrne: April 13, 1995 'l�t+B (812j 8968,925 Fwcimm.e (612) 696g5$4 REC�IVED AFR 17 1995 ��Fl( ATTORNEY We are the attorneys for the licensee described above. Mr. Leo A. Scheu, President of Liquor City, has authorized us to advise you that the company will not contest the aitegapons described in your letter of March 27, 1995, regazding an unauthorized sale to a minor. You indicated that you would schedule the matter for hearing before the City Councii Cor purposes of imposing a penalty. At this time, I am available on Wednesday, May 17, May 24 and May 31. With respect to the penaliy, the liceasee respectfully requests that his license not be suspended, but that the presumptive penalty of a fine of $500.00 (or less) be imposed pursuant to Section 4Q9.26(b). Prior to the violation, the licensee had trained and informed all of its employees to card individuais who could azguably be underage. The clerk involved in the sale made a good faith error in failing to cazd the individuai involved in this sting operation. The individual had several days growth of beard and appeared to the clerk to be o� 21. Subsequent to this incident, the licensee has noutied ail employees of the need for strict compliance with carding procedures and to err on the side of carding. This policy has been issued to all employees in writing and the licensee will do its best to maintain shict compliance. Please let me know when you have scheduled the matier for hearing. Thank you for your consideration. P.L.C. GJH: cja cc: Leo A. Scheu c!o Liquor City, Inc. 3UITE 200. LIBERTY BAN% BUILDiNO 17E NOATH SNELpXG AV£N4E $A]NT PAUL. MINH£SOTA S51 OA-BSSE �Peqe ot I Day MonN Date � � aa:s: w�eo� or c: �� 7ime & Data af Occurrence: Occ�rced �] At Q Between: Complainant's Name (I.ast, Fir: Articles Rewvered; L -E-� P l i yuev� sP �'/ ,•�,j G/G � �o� ,.r �':-e �^ s �� w .' �`� �u� e � t6 2/� t-C lr �RJ �S • f �� T � � �i Gl' ST. PAUL POLICE DEPAflTMENT GENERALflEPORT Time: Squad: 7eam: 7• S�S" ? �� iJC t Locacon of Crirr�e Scene: —� s6 o e- hrs. on and hrs. on a): Address: I �/r� C;`�t i2 �a� .;_� a •�::-�..;._ . . . :,_:kARRATlVE :�. ., . 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