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95-575R+�e�pefl _ s�����s RESOLUTION SAINT PA�L. MIN Presented By Referred To 1 2 3 4 S 6 7 8 9 10 11 12 Council File # Green Sheet # � Committee: Date �s--s� ��� RESOLUED, that the Restaurant, Sunday On Sale Liquor, Liquor On-Sa1e, and Gambling Location License (License ID No. 15877) held by Jimbee Corporation, dba Mike's Bar and located at 32b Grove Street in Saint Paui is hereby suspended for a period of s'vc (6) days, commencing on 7�u n� +� , 1 R 95 for the violation of 5a1e of Alcobolic Beverage to Into�cated Person. 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 admission of the licensee that he does not dispute that facts contained in his letter of April 4, 1995, and such argunnents as may have been presented to the Council at the public hearing. Requested by Department of: Adopted by Council: Date �, ��9 C J Adoption Certi£ied by Council Se etary By: Appr By: By: Form Approved by City ttorney s S- 3-95 Approved by Mayor for Submission to Council By: as--s�i5 DEPAflTMENT/OFFICE/COUNCI� DATE INITIATED �O � " � � � c�t coun��� . r�� a 1995 GREEN SHEE INRIAVDATE INRIAUDATE CONTACT PEflSON & PHONE O DEPAHiMEtJr DIRECTOR O CITY COUNCIL Dave Thune 266-8620 "��" ��TMATT��' �cmc�Arc MUST BE ON COUNCIL AGENOA BY (DATE) qOUTING O BUIX'iEf DIRECTOfl � FIN. & MC'i SERVICES DIR. 1`1d Z�F 1995 ORDER OMAYOR(ORASSISTANT) � TOTAL # OF SIGNAFURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: . Suspension of Restaurant, Sunday On Sale Liquor, Liquor On-Sale, and Gambling Location License held by 3imbee Corporation, dba Mike`s Bar, located at 326 Grove Stree[. FECOMMENDAiiONS: Approve (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNINCa COMMISSION _ CIVIL SERVICE COMMISSION �� Has this personffirm ever worked untler a contract for thi5 tlepartment? _ CIB ConnMR7EE YES NO _ STAFF 2. Has [hfs perso�rm ever been a ciry employee? — YES NO _ DISTAICTCAURr _ 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? SUPPORTSWHICHGOUNCIL0BIECTWE? YES NO Explain all yes answers on separate sheet and anach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, What, When, Where, Why): ADVANTAGESIFAPPROVED' DISADVANTACaES IFAPPROVED. DISADVANTAGES IF NOTAPPROVED: �&P6s§@ Pv;AY � � �995 707AL AMOUNT OF SRANSAC710N $ COS7IREVENUE BUDGE7ED (CiRCL6 ONE) YES NO FUNDIIdG SOURCE AC71VIiV NUMBER FINANCIAL INF08MATION: (EXPI.AIN) CTTY OF SAINT PAUL Norm Coleman, Mayor May 3, 1995 OFFICE OF THE CIT'Y AITORNEY �S S� Timothy E Mmx, CiryAtmmey CivilDivFcon 400 Cuy Ha![ Ttkphonc 612 266-87I0 lSWatXeRo�Blvd Fatsimilc 6I22A8-56I9 Sa'vu Pau1, M'vmaom 55102 NOTICE OF COIINCII, HEARIFG James L. Harding Jimbee Corporation dba 326 Grove Street Saint Paul, Minnesota Mike's Bar 55101 RE: 5/24j95 Uncontested License Hearing Licenses o£ Jimbee Corporation dba Mike's Bar License ID # 15877 Our file Number: G95-0149 Dear Mr. Harding: 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 Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, 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 and/or written remarks as to the penalty, iP any, to be imposed. The recommendation of the license suspension of your license. If you have any questions, please 5incerely, �. Philip . Eyrne Assistant City A torney ofPice will be far a six (6) day call me at 266-8728. cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director LIEP Frank 5taffenson, Deputy Director LIEP Sgt. Per Tredal, SIU �- Ms. Susan omoto, Community organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55119 Ms. Sue Vannelli, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 �s- s�s UNCONTESTED LICENSE HEARING Licensee Name: Jimbee Corporation dba Mike's Bar Address: 326 Grove Street Councl Hearing Date: May 24, 1995 Violation: Sale of Liquor to Intoxicated Person Minn. Stat. § 340A.502 (1994) Date: March 9, 1995 Place: Licensed Premises Matrix Presumptive Penalty: Six (6) Day Suspension Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Six (6) day suspens9on (second offense) Attachments: 1. Proposed resolution 2. License information 3. Notice of Vio{atian 4. Letter of licensee or attorney agreeing not to contest the facts 5. Police Report �'s-s7s Lic ID..........••••••••• STAT..................... Business I3ame............ Doing Business As........ Address .................. Zip ....................•- Exp Date ................. License Name ............. NOTE AREA ................ 15877 AC JIMBEE CORPORATION MIKE`S BAR 326 GROVE ST 55101 04/30/96 RESTAURANT (A)- ZERO-12 SEATS SUNDAY ON SALE LIQUOR LIQ-ON SALE-100SEATS/LESS-C GAMBLING LOCATION (CLASS C) 10331 032686 PA ON REQL3EST TO CHANGE CORP OFFICERS APPROVED C.F. 86-366 75 SETAS 5-5-87 121588 PH ON SUSPENSION OF LICENSES - REPRIMAND ON LY NO CLOSING "COUNTED AS A FIRST OFFENSE" 7/6/89 PH ON APPN FOR NEW OF GAMBLING LOCATION-C LIC APP'D C.F. 89-1212 062890 PH ON REQUEST FOR ONE DAY EXTENSION OF SERV ICE AREA ON 070390 AI3D 070490 FROM 7:00 PM TO MIDN IGHT TO THE PARKING LOT ADJACENT TO THE BUILDII3G A Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 960Q E71 ° LOG CLOSED ° PRINT OFF ° . PP'D C.F. 90-1124 UNDER SUSPENSION OF RULES . OS/09/91 OFF SALE MALT DELETED FROM FILE PER REQUE . ST FROM BARB OAT 5/8/91. T.L. . 7/13f94 PH ON SUSPENSION OF ALL LICENSES -- . SUSPENSTQN APP'D FOR 60 DAYS FR/9-4-94 THRU 11-2-9 . 4. ALSO $20,000 FINE PAYASLE TO THE LIEP OFFICE . ON OR BEFORE 11/2/94 & ESTB CANNOT RE-OPEN IF THE . FINE HAS NOT BEEN PAID. FAILURE TO PAY IS GROUNDS . FOR REVOCATION OF ALL LICENSES -- C_F. #94-966 - . 8/10/94 ANIENDED RESOLUTION C.F. 94-1165 APP'D . 60 DAY SUSPENSIOI3 FROM 9j4j94-11j2J94 AND . 1) THE LICENSEE SHALL PAY THE SUM OF $3,225.20, . WHICH REPRBSENTS TAE COSTS OF THE CONTESTED CASE . HEARING, OF LIEP, IN MONTHLY INSTALLMBNTS ON OR . BEFORE 9/1/96; . 2) THE TWO CORPORATE OFFICERS OF THE LICENSEE, . JAMES AND BETTY HARDING, AND THE MANAGER OF THE . LICENSEE, AL UNISE, SI�IALL SPEND AN AGGREGATE TOTAL . OF 1,000 HOURS OF UNCOMPENSATED CONIMUNITY SERVICB . BY WORKING FOR THE UNION GOSPEL MISSIOI3 ANDJOR THE . EAST TWINS BABE RUTH LEAGUE OVER THE PSEXT THREE YEARS, BEGINNING 9/1/94 AND TERMINATING 8f31/97, Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° . SUCH HOi3RS VERIFIED BY TI3E DIREC`POR OF LIBP AND . 3) THE LICENSEE SHAI,L EXECUTE A SETTLEMENT . AGREEMENT (WAICEi SHALL INCLUDE A WAIVER OF ALL� . APPEAL RIGHTS) IN FORM APPROVED BY THE CITY gs-.��-s ATTORNEY OF ALL MATTERS RELATING TO THIS MATTER AND ITS DISPOSITION ON OR BEFORE 9/1/94. IF THE LICENSEE DOES NOT EXECUTE SUCH AGREEMENT ON OR BEFORE 9/1/94 THIS PARAGRAPH SHALL BE NULL AND VOID, AND THE PREVIOtTS F[3RTHEIt PROVIDED ADOPTED 7f13/94 SEiALL BE REINSTATED AND APPLICASL,E TO THE LICENSEE PER ITS TERMS. THE FOREGOING CONDITIONS SHALL BE A CONDITION OF EACH LICENSE HELD BY THE LICENSEE AND RENEWAL THEREOF UNTIL 8/31/97. IF THE LICENSEE SHAI,L FAIL TO COMPLY WITH THE FOREGOING CONDITIONS, AND WITA TFIE TERMS OF THE SSTTLSMENT AGREEMENT TO BE EXECUTED ON OR BEFORE 9/1/94, SUCH FAILURE SHALL BE GROTJNDS FOR REVOCATION OF ALL LICENSES HELD BY THE LICENSEE. 12/O1/94 REC'D FIRST PAYMENT OF $150.00 12/29/94 REC'D PAYMENT OF $150.00 O1f30/95 REC`D PAYMENT OF $150.00 02/28/95 REC'D PAYMENT OF $150.00 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° Bond Policy Number....... Bond Company ............. Bond Effective Date...... Bond Expiration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... Associated Stock Holder.. 9600 E71 ° LOG CLOSED ° PRINT OFF ° 03/31/95 RED'S PAYMENT OF $15Q.00 4/28/95 REC'D PYMENT OF $150.00 LLOYDS OF LONDOY3 FPP01368 04/24/95 04/30/96 JAMES HARpING BETTY LOU HARDING Dealer No ................ Tax Id ................... 6087682 Worker Comp Exp Date..... OS/18f94 Telephone ................ 291-9605 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR AELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° rv� CTI`Y OF SAINT PAUL Norm Colanaq Mayor March 27, 1995 James L. Harding Jimbee Corporation dba Mike's Bar 326 Grove Street Saint Paul, Minnesota 55101 OFFTCE;�F THE CITY ATTORNEY Tu'wAry E--1rs, Ciry Aaomey �� L'/f r �� !� CiVil DivisiOn 4L1� Ciry Hall TeJephone 612 266E7I0 ]S Wat Ke!logg Blvd Facsmile 6I2 2985619 S¢int Pau� M'�nnuot¢ SSZ02 Re: Licenses of Mike's Bar License ID No. 15877 Dear Mr. Harding: I am in receipt of inPormation that could lead to adverse action against all the licenses of Mike's Bar. The basis for adverse action is: On March 9, 1995, during the evening hours, an employee of the license office and two plain clothes police officers were in Mike�s Bar on a compliance check. They observed the bartender serve an alcoholic beverage to a patron who was obviously intoxicated. Sale to a person who is obviously intoxicated is a violation of state law, Minn. Stat. § 340A.502 (1994). If you do not dispute that the above sale took place, this matter wi11 be scheduled before the City Council for a hearing on what penalty, if any, to imgose. You will be allowed to speak on your behalf at that hearing. I will need to have a letter Prom you saying that you do not dispute the facts if we are goinq to follow that path. On the other hand, if you dispute the above facts, I will 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 hearinq will be. In either case, you should contact me within ten days from the date _„ �� � 57 �. of this letter. If I do not hear from you, I will schedule the hearing, and you may be responsible for 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 266-8710. Very truly yours, . YJ- � K ,� � %� 7 Philip . Byrne'' Assistant City Attorney cc: Robert Kessler Director, LIEP Kris Van Horn, LIEP Sgt. Per Tredal, SIU _ _ __ .. _,..:�:�.:>-�;F;:=- � -� � � � � ��. ; � � 4 � ,-_�S�-�'7� ,� ��,,, �r�vv. ��- : � . �! �,� i� ��a�-�` ,�-p t�/, .�-w-�-1� .�� � � .- � � - c�' r ;i , — - � � � ,w-e, _c� ,�,�.o� ���� � .t�e� cs-� �-- — - -- - ',, � . „ , ' �'� �v ��; � - ---��'�v - - ---- -- --- :� . , , .� _ zv_�,_ .+�-�-c —,� . �e� ----- - — - , , . , - - - - -- --- --_ : �;i .v c�•s ,��� - - - 'C�t.�.c_q � �d'(.� — , - --,-------- -- - ��� � — -- ''� - - � �i✓� � �"�1 _ Li�� _ _ - - ��nT-� - `. r�"+zV 'Z? rt✓1�rc.��t . � � � - --- _� -- � - � � �� �� k�-�'��-��- - ��,�! -� -- - --, - . -- - _ - ------------- - --- -- - - ; . - - ---.- --- - -�� � :.t�-�.,� -,.��-,� � �,�-�.,, r - -�---- -- - � ,'' �� - • � -- � -- -- - � � - � - - � �� � - �} . - - — - - ---� - ;•, - � �___. � � , — _ _ - - - ,: /� � , �, � � -_- _- � - -- - -- �� ' i -- - - - - �; - - - „ � �. --- - - - ' ' -- - ' , ; - - ------- - — -------- - -- - ----- - — - -- , 4..�,� rn� s�� j --- - ;;� --- , ,� , i ,._._ _._ _ � �_ ` __ .__ ___ _ _ __ _ Ii _ _ . _ -__ . __ ' " _____ _ __ _ ' _ __ _ _ _ _ _ __ " — _ _ . ' _ _ '_ "_ _ . _ _.__ _ _ _ _ _ _ __—_. i f € � � e �:` ����l��� - t €.3 - - - --- -- ---- -- - - - --- — - -- . `�`��' J5 --- --- - - - _ �''� _ � - . � .. X ,.'�,,,. i °_ .: - -- -- - - � -' ��'�i�j�.i� _ - ---- - - . 4, , -�� - - - -- - -- --- - - - -- - - - -- --- --------------__---- -- - _...� ..ti. � CITY OF S,� pAUL II�TERDEPARTh1E\T�, ��ORp,'� March 15, 1995 TO_ Robert Itessler Phi2 ayrae Ch=istine Ro2ek FRON.: Kris Van Horn �� Investigation of 3/9(95 y'S-S7s The following is a repert on the compli �,ce checks of several off sale liquox estzblishments conducted by Seraeant Per ^redal, an under age male and me. The minor was wired for sound and monitc_ed by Sergeant Tredal and me from the car. After a purchase was made, Sergea-:t Tredal and 2 informed the person that sold the liquor what had happene3. t�e obtained the identification of that person and infozried him/her that w•e kould be submitting reports to the City Attorney�s Office for adverse action znd that the licensee(s) would receive notice of this violation. The £irst location that sold to the r.iir_or kas Lit�or City at 560 Como Rvenue. The minor purchased a twelve pack of Ni11er Lite. No identification was reauested. The clerk conducting the purchase was identified as Brett 3ohn Maas, 601 Burgess Street, Phone �489-5953. The second location in violatioa was Nor �h }�d Liquor at 425-51 Rice Street. The mi.nor purchased a twelve pack of N,iller Lite. No identification was requested. The clerk conducting the purc^,ase was identified as Steve Han, 3033 Camelot Drive. It shculd be noted Lhat he is the seventeen year old son of the owner. The Lhird location in violation was Christine Liquors, at 111 Concord Street. N,ary Margaret 0'N.alley, S57 Clinton Ave:�e, Phone €224-0306, was the clerk that sold a twelve pack of N,iller Lite to the minor. No identification was requested. \ qs s s Pace 2 t�'e continued our ccar�liance checks and »<re joined by Sergeant Gene Plyak. Lie went to Mike's Bar at 326 Grove Street. Upon entering the bar, there was a white male with le^,a, medium brow�n hair =leeping in a chair at one of the tables. He awoke shortly after we sat c�a:i at the bar_ He appeared extra intoxicated khen he xent to the bar, b_� he was served a Schr,�idt beer_ We also noticed a battery operated poker c_,= on the back bar on top of the cash register_ Sergeant Tredal asked to se=_ t^,e game and played a couple o£ hanps. It was not a coin cperated devise. I �-` chased $20.00 of Mac 7 pulltabs. Tne hooth and seller zp�eared to be in car.�l=a;ice.