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95-1179 Council File # � � � Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA �Q Presented By ' Referred To Committee: Date 1 RESOLVED, that the Second-hand dealer's license (#77605), held by Encore Music, Inc. 2 d/b/a Encore Music at the premises of 1952 University Avenue is hereby ordered to pay a fine 3 of $800 and the costs of the Administrative Hearing due 30 days following licensee's receipt of 4 invoice from the Office of License, Inspection and Environmental Protection. �. I��'� 5 6 FURTHER RESOLVED, that the Report of the Administrative Law Judge dated 7 September 11, 1995, with its Findings of Fact, Conclusions of Law, Recommendations and 8 Memorandum, is expressly ratified and adopted as the written findings and conclusions of the 9 Council with the exceptions submitted by the Office of License, Inspection and Environmental 10 Protection. (The shaded text constitutes the amended language; and the striken text constitutes 11 text to be deleted.): 12 13 Finding of Fact No. 2 is amended to read: 14 15 "2. On June 6, 1995, Encore Music purchased a bouzouki from a person who .......................................................................... 16 identified himself �i;�::::��::�'i:��iz��:::��:�?��:::li�� as Thomas M. Jeffre of 749 Y� 17 Avon Street, Saint �Paul, �MN. �Thomas� IVI. Jeffrey��was in the company of a female 18 who had previously sold musical equipment to Encore Music. ':��:;!�a:;��'i�i�i�� ..... .. . . .: �.>:.>:.>:.. � �.::.>:.::.:::.>:.>:.>:: :.>:.: �:.>:.>:.>:.>::•.::.::.>:.>:;.>:y:.;:;:.::::.>:.;:.::: :.:a::.::.;::.>::.;>:.;: • x �: �:.>:.::.>:.::.::::.:� �.s�.>:.>:: . ::::::::::::::�::�:::i:;::::::::i :.>: ::: :: ::::::::::�"�'�:i::::i::::::::::;� 19 .. . . . . .; .: .......: .::. .: :� :.;:.; . .... . :... ��v�::::: ��:::::��::::::��i:�:::::��::::a�'::::�:�::<:si��r�:::::i�:�>:�><��t�>::��a�:::>:::::>;�:�::::�:::>��»��::::��t;.> :::::� :::::::::::::::::::::::::::::. :::::::::::::::::::::::::::. ::::::::::::::::::::::::::::: :.::::::: :.::::::::::::::::::::::::::::::::::.:..::...:::::..::::::::::.:�::::::::::::::::.� �'"'�:i:::::::i:: ":::::::i::''::::::::::::::::i�:::::::::: 20 ��:�i:<.::t�:>::�€��::::��:� �r:::::�;�:::::�:::�e��:��c��::::�€�t::>:t��::::� � �� :::::��t::::��::::�t�:::::�ar��::::::::::� .::::.�.., .:::::::::::::::::::::::::::::::. :::::::::. :. ....�.::::::::::::::::::.�::::::::::::::::::::::::. ::::::::::::: :::.;:.;;;; :..................................................... �.:.;:.;:.;:.:.;:.;:.;:.;;:.;:.;:.;:.;;:;.;;:.;:.;:«<.;:.;:.;:.;:.;::.;:.>;;>:::::.;;:.;;::.:::::..................................................................... 21 ::»: �:>: <;>::>. >::»> �`�;��i€:� ��::»�.�:�:'::>`::>::>::>: ::::: .::; <::. ;;>.....:.:>,. :>.:....;: »>. <;.;;:>: :.>:»>:: �:::.>:.>;:,:>::>::>;::.<: .::.>::>:>:::>:>..;:>�«.;�. ,::>�:<.;> �:::<:::>:::.>.::::>:>::::>:��:_:».'''>::.`::`::::>>::::::::::::;.::<...>: .. � � . � : . :. :::.;:.::.:�.:::.;:<:.::.::.::<:.::.:�d 1�� a�� . �m�lay� ��fi fi�.� �.�c��. :::::>::>:::>�::>::»:::;:::>:>� �::>��:»>:::>�:;�>::...;.::::,:>:::;..,::>:::::>:>::»::;::::::<:;:<�� >�><;::::>::::::>::::>::>:::>�::>::>::::;::;>::>::>::>::>:::::>�:::>::>::>::>::>::»::»»:>.:,..;;;:.::.::.:: :.::::.: :.:::::.::::::..�::::.::;............:::... 22 ��:<�,�::::��.::��::<��::::��::::��;�::::�s::::�.:..:�.:::::: ..��.:�" :...� ::. :. . :::::::::::.::;:: ::::::::::::::::::::::::::::::::::.�::::::::::::::::::::::::::. :::::::::::::::::::::::::::::::::::::::......... .,,, 23 24 Finding of Fact No. 3 is amended to read: 25 26 "3. On June 7, 1995, Encore Music sold the bouzouki to Dan Boling, a 27 personal acquaintance. Dan Boling was informed by Encore Music that es� ............................................................ 28 ��e-s�e�e� �.�:::� and if the item were to turn up on a 29 stolen report, it would � have � to �be �returned. Dan Boling so agreed and left the 30 store with the item." 31 32 Finding of Fact No. 5 is amended to read: 33 34 "5. Jay Kork [sic] told the police that they had let the item go to a friend only 35 after he made the buyer, Dan Boling, aware that the item �;;�� stolen and, if so, 36 it would have to be returned. Having given the warnings and received assurances 37 from Dan Boling, he let the item go out of the store." 38 39 Finding of Fact No. 6 is amended to read: 40 41 "6. Penny Smith, the owner of Encore Music, stated that the store had 42 reviously purchased merchandise from the female who ��i��:::�:::"�c�:;:��::�i'q;:��:;� P .::::..�?�:.�::.: :::::::.�.� ::::::::::::::::::::: .;:.;:.;;:.;;; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 brought in the bouzouki in and there were no problems. Ms. Smith and��Jay �Kork �� 5 °I5-Il� 1 [sic] questioned the woman about the item; she knew what it was and how to pla 2 it. � '��e�t �'��r�s `�'�c��p'rir^�t�3c,'-��eii�-aeees�';��,. e ., �t.,. �.,.�a.. ,.� r,... � 3 , , . ...>: � �.::.>:.::: ...>:.:::: .:: �:.::.:: � �:.::: �;:.;:.:• •:.::. :::::::.::::: ..:;.:::.s:.>: � �:::.::.::.: �: ..:.::.>:: �.>::.: �:.>::.::: •.::.::::.::.:::.::.:r::::.;;:: '::::::::::::::::."::: '::::�: :::::::::::'r.:•::::::::i:::::;:::::•.::;:::::: '•:i "::::: �v� ,. :.::::,: .:.:.,.: ��::> : :.:..:.::.:: :..>.... : ��::::t�:::::�a: :::>:±�a��::::�::::: �� :��:.::::::�xl�;:: �:a:::�.#��:::::�:::��:: 4 ;k�.,.;:�€�€�.;�a�:>::�� :.:: :.:::::::::::::::: :::::::::::::::::::::: :.:::::: .::::::::::::::::::::::::: :::::.�::::::: ::.::::::::::::::::::::::::::::.�:::::::::::: ...::: :.:::�:.::::.� ::::::::::::::::::::;�?�::::::::::::.��.::::::::::::::::::::. ::::.:�::::::::::::::.�::::. :::::: ....:::: .:::::::>::::>::::>•::>::>::>::>::::>::>::>::>::>::>:::::::.�::>::::>:::>»::>::>:<:>::>::> ::::.:.:::::: .::::::::: :.:: :::::::.:.:..:::::::: ..:::::.:: :.;:.;:.::.;:.:.:.:.;:.;:.;:.::.;:.;:.;�.;:.;:.;:.;:.::.;:.::.;::.;:.::.>:: .;:.;:.::.;::.;:;>�: ;:.;;: : ::..: ..:..::.:.;:.;:.. �:.:. �.; :.:...:.:.:.:...;:;: :..: K:..:...:::.;..:... ..;;::.. ..:.......:;::...:.;:.;:. :: :��::»:<:: �::....:: _.::_>. . . .;:.: . . . .:.;:: .. :.. . :::::: .. s �:�� .::::::>:k�:::>::. � � �::::::��: �::>::�a:t::<::��:::::�. �;:::::>:��.:.::.::��:��:.::.:�::::>:��:::::: � � .�:>::�:�:�.::.::�.� ::::::::::�} ::::::::::::::.�::::::::::: :.:::::::::::.�:::::::. ::::::::::::::::::::::::.�::::::::::::::::::::::::::::::::::::::::. :::::::::::::::::::::�:.: :.::::::::::::.�::::::::::::::. �::>::::>::::::>:::>::>:<:>::>:� : :. :::::>::::>::::>::::>::>::>:::>::>::>:<:><:<:<>::: ;::::«::>::>��:::>��>� . .. :::::. :::::::,.::.. ::::::::::::::.: :.. .................. :.;. :. , :.: ..::: ..:: ................ ::::.......... ::::................. 6 �x�at1��..:.��....�f._t��.. � Ms. Smrth further described the procedures Encore 7 Music Follows . Encore Music files police 8 reports on every item that comes into the store. �� O r� 9 T 10 Finding of Fact No. 7 is Amended to read: 11 .;.:.;::. . :.::.. 12 "7. In this particular case, the female who �i��:��;;:;: sold the 13 merchandise had been in the store before��with no� problems��and was 14 knowledgeable about the item. Those factors made the owners of Encore Music . . ;;;;.:�;...:.;;,;;;;::.;;;;.:;;;:.;::t: :»::>::>::> :>::>::>::>::>::>::>::>::>::>::»:,: ::>::>:;::>:� ::>::>::>::>:: :»::>: ::>::>::: ::>::>:::<,._ ::>:«:: >::> :>::»:: >::>::><>::>::::>::: 1 less sus icious. � �. �:>::�'� ::�: �' ��:::��i �: ��:::��: :;::::: � � �::: � � � �:::��:�..:�'°:::�a: ;:::��:�::�::::�� 5 P ::.;�.:;:.;:.;;:.;:�:.;;:.;:.;;:.;:.;:.:::�.;:.;:.;:.:;.;:.:.;:.;:.:::�`�;:�::�:.;:;:.;:::.: �.::::::.T�'..'.:.:�::.�.� ::::::::::::::::::::::::::::::. ;. . ..;:.;; �::.: � :.;::.;:.::.;:.: �.;: � � .:: . . ..::.::.;:.>:.>::>::>::: .:»::>:;:: ;: <:>:;; ::::>::>::>::>::>: � ; <;;::;:: : ::>::>::>:;:.:>::>::::»::>::::>::::;:;;,:>::>::>:;:>::>::>::::>::>::>::: :::>::::>::>::>:+»:: _:>::>::>::>::>::: � : <:»::> ::>:>:>::»»::>:>:: : ::: : ::>::: � ;:: .:»::>:; �.:>: . : 16 : ...: .;< . :.;. : .�� . ::::P�'i:: ;::::1��::::�� `�:::�:::�t��::>��::::�. � : �.��:��::::��:::: � � ��:< :... . ..:.:.:: #� �:�.: �:�. : � :: : : : : : : : : : : : : : �.: : : : : : : : : : : : : : : : : : : : : : �: : : : : : : : : : : : : : : : : : : : : . : : . : � : : . � : : : : : : : : : : : : : : : : : : : : : : : : : �.: : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : . ..>::.:':`��'a::::��::::�::::��:1�:::::i��::::��::''::::��i�i��;.� ::::::::........................................................................................ :.;:.;:.;:.>:::.::.: ....................................................................................... 17 ��:��:;;t�?� .::::::::::::::::::::::::::::::: :::::::.:::::::::::.;::::.;;.:�:.::.::.;::.;:.;:.;;:.;:.;;:.;:.:: ;:.; : : : : : : : :.: : : : ;;;: : :.: : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : . . : : : . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 Finding of Fact No. 8 is amended to read: 20 21 "8. When Mr. Mantis called about his missing bouzouki he was asked several 22 questions about the item. When he identified the item, he was told that Encore 23 had � �:ti��#��::�';?l�i`::�i;� ;:;;:.;;;;;; .:: .;;;;;;;;, :.;;:;>;;:;;>::;;: :,;;;;;;;:> ;.;;:.;;:�;;;;;: ;;;;;;; :.;:�;;;;;:.;;;;;»,;>;>;;;>;;:; ;:�.:;;>::;:.::>::>::>::>:::�:>::>::>::::>::>::::::::::><>�.::>:>��:>>��::>::::>:>�:>:��:::::::::>:��:x:>::::>:<::<:::>::::»>; ......:� :... :. ............. .....:.:.....i: v....: :::i....i.j ..:...;....:: . .:...i::h ....... ........y..:: ::i:.�.. (:, .. ii . iii: 24 �r:QV�d>::�:>.�.:.�1.I.:.:�:>:�r�<::�::::t��;«��.��.;:�ta�::.::��::::��::>�::::��:>:��:�:::±�:��t� 2s �z�::::�::��::::��::::�e��:t�'�::�:�� ::::.::.::.:::................................................................................................................... 26 ................................................................................... 27 Finding of Fact No. 9 is amended to read: 28 29 "9. The people at Encore Music . 'vi:::.i'.iiF.i?i:.iiiiiiiiiiiiiiiii:Ji:':Jii::: '•:'::'iiiiiiiG:.iiiiii}ii}ii:'iiii}iiiiiii:: ryiiiii:':'iiiiiiiiiiiiiiii:: 3 0 ��e�9e ��::::�::::�r��-c�:::::��:>�;:��::::U.�u.... . ::::��::::��::::�x�,::>:::::�e::::�Q�::::� .;:.;;:�;;;:.;:.;:.;:.;:.;:.:<.;:.:.;:.:::.>:.;;::.;:.;:.;:.;:.;:.;:.;:.;:.;:.:.:.;:.; :.::.::.::.::.:;:.;:;;;:.;:.;:.:.;:.; ; ;;;;, :.;;;;>;;;: ;:;: ,::>:.;;:;::>> ::::>::::>::::::>>::>;�::>::::>::::: �:::>:;>::>::::>::>::::>:::::�::::>::::::>;:::>�:�>�:; ::::::::::::::>::::::>::::::>::::>::»::.......................................;................................ ............. 31 �`��:r��:::��::;�:::::��t��:::��:�<��::;::.:�:;... : ��n:�. The do not mtend or desire to + :::::�?! .::::::::::::::::::. Y ;:.; :.:::::.:::::.::.::.::.::.::.::.:::.::.::.::.::.::.:;:.;:.;;:.;:.;;;:.;:.;:.;:.;:.;:.;;:.;:.::<.;:.;:.;:.;:.;:.;:.;:.: ................................. 32 purchase stolen items. 33 34 35 Conclusion of Law No. 7 amended to read: 36 37 �� Tt,o ..e o, .,* �.,,,,.,.o r,r„�:,. � ,� +t,,,+ +t,o., , o o .. ,o�., ; 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 �� -2�� 1 q5-i�� 2 , 3 ,,.,.,.��a :., ��.o ,. ,. �.,,.,.v ..,i.,. �.,.a ., ooa +„ ..o�,,,..., ;+_;�_t�.,.,.,, , e e ,.�.,,....... 4 5 �-3of3 6 7 This Resolution is based on the record of proceedings before the Administrative Law 8 Judge, including the hearing on August 15, 1995, the documents and exhibits introduced therein, 9 the arguments and statements of counsel for the City License Division and the Licensee on 10 September 27, 1995. The report of the ALJ is attached hereto and is expressly incorporated in 11 and made a part of this Resolution. 12 13 A copy of this Resolution, as adopted, shall be sent by first class mail to the 14 Administrative Law Judge, and to the licensee. 15 Yea Navs Absent Requested by Department of: a e arris rimm uerin � e ar ettman une —� BY� Ado ted b Council: Date Form Approved by City Attorney P Y 1� �, �'!1 . �� , Adoption Certified by Council Secretary gy: 9.2��'f BY= Approved by Mayor for Submission to Council Approved by yor: Date � By: By: DE IL pATE IN ATED ��- �'� 1 O c�t coun�� 9/28/95 � REEN SHEE N 3 3 7 31 __ � 8 � bEPARTMENT DIRE � � CiIY COUNCIL INITIALJDATE Councilmember Me ard 266-8640 �" � cmArro�er � cmrc�nK MUS'T � ( pp� � � BUDCiET DIRECTOR � FIN. & MOT. 8ERVICES DIR. � �AAVOR (OR AB618TAP11') October 4 1995 ❑ ❑ TOTAL #► OF SK�NATpi� PA�ES (CUP ALL LOCATIONS FOR 81ONATUR� ACTION REGUEBTED: Finalizing City Council action taken September 27, 1995, concerning adverse action against licenses held by Encore Music, Inc., 1952 University Avenue, West. �� O°° �� °� �� (R) PERSONAL SERVICE CONTRACT= MUST ANBWlR TME FOLLOMIING QUESTIONS: _ PLANNN�N� COM1M8810M _ C�YIL sERVICE COMMISS�N t Ha` tMs pe�BOMirm � worked und�r a CWlhact tor dtls d�trtmeM4 - _ �� _ YES NO 2. Has tlNs person/tirm aver bean e city en�ployee,4 — �� — • YES NO — o��T �RT — 3. Does lhie penonRirm posae�e a skill not normally possessed by any cument cMy ampbyss? SuPPOR'f8 WH�H COUNCIL OBJECrnE4 YES NO Ezplaln all yes an�w�n on � sM�t a�d Nt�ah to pnM rhMt INmATM10 PROBLEIA� 188uE. OPPAR7'UNITY (W1a. What. whsn� wMro. YVhYI. ADYANTAOE8 IF APPROVED: DISADVANTAGEB IF APPROVED: 018AD1IANTIK�E81F NO? MPRONED: TOTAL AMOUNT OF TRANiACT10N i COST/REYENUE BUDQETED (CIRCLE ONE) YES NO FtlNDINd SOURCE ACTIVITY NUMBER fIWANCIAL tNFORMATION: (EXPLAIN) ,, . NOTE: COMPLETE DIRECTIONS ARE INCItlI��D IN �FiE`t3REEN •$HEET IASTqUCTIONAL MANUAI AVAILABLE,IN Th1E PURCHABiNC� OFFICE (PHONE NO. 2�;, '< ROUTIN(3 ORDER: ' Below are conect routings tor the ifve most iroquent typss of documeMs: CONTRACTS (aaaumes authorized budget exiata) COUNCIL RE80LUTION (Amend Budp�ts/At�pt. qnnts) .,.. t. Outside Agency., . . , . . . : . t. Department Director . . _ ,, 2. Depa►tment Dlroctor 2. Budget Oi�ector 3. C(ty Attompy 3. City AUomey 4. Mayor (br cant�acfa rnrer E/5.000) 4. MayodAssista�t 5. Human Rights (for cont�acts over 550,000) 5. City Council 6. Finance arnf Managert►ent Servk�s Oiroctor _ 6. Chief Accountan� FinanoB end, Manapement Serviaes 7. " Flnance Accounting . _ ADMINISTRATIVE ORDERS (Budget Revisfon) COUNCIL RESOLUTI�! (�N otMrs,l�d OMIMnoes) 1. Activity Maneger 1. Department Directo� 2. Department llccountant 2. City Attomey - 3. Departr�ent Director 3. Mayor Asaistant 4. Budget Directw 4. City Council 5. Ciry Ckrk � _ 6. Chiet Axountant, Ffnance and Menagement Services ADMINISTRATIVE ORDERS (ali others) 1. Department Director 2. Ciy Attomey • 3. Finance and Management Services Director 4. City Cierk TOTAL NUMBER OF SIGNATURE PAGES Indicate the #of peges on which aignaturos are required and pap�rei{p or fla� ach of thsq pa��s. • ACTION REGIUESTED Descrlbe what ths project/request seeks to accompNah in either chronologi- cal order or ordsr o( importance, whiche�►e� is most appropriate for the issue. Oo not write complete sente�es. Bepin each item in your list with a verb. RECOMMENDATIONS Complste ff the issue in questbn has been pressnted before any body, public or prtvate. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Cau�cil objective(s) your pro�ecthequsat supporta by Iistinp the key woM(s) (HQUSIN(i, RECREATION, NEI(iHBORHOODS, ECONOMIC DEVEIOPMENT, BUDt3ET, SEWEA SEPARATI�N� (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: , TMs infonnatbn w�l be used to determine the cityls Ifabiliry for workers oompensatbn clatma, taxea and propsr dvil asrvice hkiny rulss. INITIATINCi PROBIEM, ISSUE, OPPORTUNITY Explain Me situation or condiUons.thet croated a need for your project or request. ADVANTA(3ES IF APPRQVED Indicate whether this is simpiy an annual budget procsdure required by law/ charier or whether there are specific weys i� which the Ciy ot Saint PaW and its citizens wpl benefit from thia projecUactbn. DISADVANTAOES IF APPROVED What negative eHects a major chenpes to existing or past processes might this projectJrequest produce H it is paased (e.g., traffic delays, noise, tax incroases or assssaments)? To Whom? When? Fo� how long? DISADVANTAGES IF NOT APPROVED What will be the neqative con�quer�ces ii the promised action is not approved? Inabiliry to delive� servfce4 Continued hfgh traHic, noisa, accident �ate? Lpss ot revenue7 FINANCIAL IMPACT Although you must taflor the information you provide here to the issue you are,addressing, in ge�ieral you must antswe� iw�ei quesNonsc How �ch is it � going to cost? Who is going to pay7 ' ' OFFICE OF THE CITY ATTORNEY �mothy E. Marx, City Attorney CITY OF SAINT PALJL q 5'� � 1 q S(o Civr! Division • Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710 I S West Kellogg Blvd. Facsimile: 612 298-5619 Saint Paul, Minnesota 55102 w� �� September 12, 1995 � �,a 1 � 1995 NOTICE OF COUNCIL HEARING Mr. Raymond F. Smith � Encore Music -� 1952 University Avenue West Saint Paul, Minnesota 55104 RE: All licenses held by Encore Music, Inc. dba Encore Music for premises located at 1952 University Avenue West, St. Paul Our File Number: G95-0291 , Dear Mr. Smith: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been scheduled'.�,for 3:30 p.m., Wednesday, Septea�ber 27, 1995, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, • �� anet A. Reiter Office of the City Attorney cc: Raymond F. Smith, 2658 Chippewa Ave., North St. Paul, MN 55109 Judge John Harrigan, 1900 Hennepin Ave., Mpls, MN 55403 Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Mpls, NIN 55401 Ed Bower, Community Organizer, Merriam Park Community Council 2000 St. Anthony Ave., St. Paul, MM 55104 Q5- i��q 60-2101-9908-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF SAINT PAUL In re the Licenses of Encore Music, Inc. FINDINGS OF FACT. d/b/a Encore Music CONCLUSIONS AND 1952 University Avenue West RECOMMENDATION The above-entitled matter came on for hearing before John W. Harrigan, Administrative Law Judge, on August 15, 1995, at 9:30 A.M., at Room 41, St. Paul City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102. The hearing concluded on August 15, 1995. Janet A. Reiter, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of Saint Paul. Penny Smith, 1952 University Avenue W., St. Paul, MN 55104, the licensee, appeared on her own behalf. This Report is submitted to the Saint Paul City Council, pursuant to Section 310.05 (c-1) of the Saint Paul Legislative Code. This report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of this record. The Council may accept, reject or modify the Findings of Fact, Conclusions and Recommendation contained herein. Pursuant to Section 310.05 (c-1) of the Saint Paul Legislative Code, the Council shall provide the licensee an opportunity to present oral or written argument alleging error in this report, and to present argument relating to any action recommended in this report. The licensee should contact Janet A. Reiter, Assistant City Attorney, to ascertain the procedure for presenting argument. STATEMENT OF ISSUES The issue to be determined in this proceeding is whether adverse action may be taken against all licenses held by Encore Music, Inc., d.b.a. Encore Music, by � q�- <<�q reason of a sale on June 7, 1995, of property which had been purchased on June 6, 1995, and by permitting the property, a bouzouki, to be removed from the premises. Secondly, that the clerk knew or should have known that the property was stolen and that the clerk received it and resold it the next day, which would be a violation of Section 355.04 of the Saint Paul Legislative Code. The Administrative Law Judge makes the following: FINDINGS OF FACT 1. Encore Music, Inc., is licensed by the City of Saint Paul as a second hand dealer-single location at 1952 University Avenue W., St. Paul, MN 55104. 2. On June 6, 1995, Encore Music purchased a bouzouki from a person who identified himself as Thomas M. Jeffrey, of 749 Avon, St. Paul, MN. Thomas M. Jeffrey was in the company of a female who had previously sold musical equipment to Encore Music. 3. On June 7, 1995, Encore Music sold the bouzouki to Dan Boling, a personal acquaintance. Dan Boling was informed by Encore Music that, if the item were to turn up on a stolen report, it would have to be returned. Dan Boling so agreed and left the store with the item. 4. The bouzouki had, in fact, been stolen from William C. Mantis, of 306 Irvine, St. Paul, MN, on June 6, 1995. Mr. Mantis called several music stores the next day, including Encore Music. An employee, Jay Kork, spoke to Mr. Mantis at Encore Music and, after ascertaining some details about the missing item, told Mr. Mantis that the item had, indeed, been in the store but it had been sold and could be easily retrieved. The item was returned to Mr. Mantis at the store on June 10, 1995. Mr. Mantis paid Encore Music 545.00 for the return of the bouzouki. Jay Kork had requested 590.00 as a"finder's fee." That amount was negotiated down to the 545.00 actually paid. Encore Music paid 590.00 for the bouzouki. 5. Jay Kork told the police that he had let the item go to a friend only after he made the buyer, Dan Boling, aware that the item could possibly be stolen and, if so, it would have to be returned. Having given the warnings and received assurances from Dan Boling, he let the item go out of the store. 6. Penny Smith, the owner of Encore Music, stated that the store had previously purchased merchandise from the female who brought the bouzouki in and there were no problems. Ms. Smith and Jay Kork questioned the woman about 2 � � � q5- � r � q the item; she knew what it was and how to play it. Ms. Smith felt that by keeping the item accessible, i.e. in the hands of Dr. Boling, a chiropractor located just down the street, she was in compliance with the law. Ms. Smith further described the procedures Encore Music follows to guard against purchasing stolen items. Encore Music files police reports on every item that comes into the store. 7. In this particular case, the female who sold the merchandise had been in the store before with no problems and was knowledgeable about the item. Those factors made the owners of Encore Music less suspicious. 8. When Mr. Mantis called about his missing bouzouki he was asked several questions about the item. When he identified the item, he was told that Encore had the item and that it would be promptly returned to him. 9. The people at Encore Music have an elaborate system to detect stolen merchandise. They do not intend or desire to purchase stolen items. 10. The City License Inspector, Kris Schweinler, recommends a fine of 5800.00 and that, in addition, Encore Music be assessed the costs of the hearing. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS OF LAW 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction over this matter pursuant to Minn. Stat. 340A.503, Subd. 2, and Saint Paul Legislative Code 310.05 (c-1). 2. The notice of hearing was proper in this matter and all procedural requirements of law or rule have been fulfilled by the City of Saint Paul. 3. Saint Paul Legislative Code Section 355, governs the action of secondhand dealers in the City of Saint Paul. 4. Saint Paul Legislative Code Section 355.04 provides, "No property, mentioned in this chapter, purchased by any person licensed hereunder, shall be sold by or be permitted to be removed from the place of business of such licensee for a period of ten (10) days after acquisition." 5. Encore Music did not know that the property was stolen. The City 3 � � q5,�n� of Saint Paul did not prove that Encore Music should have known that the property was stolen. 6. Encore Music clearly violated Section 355.04 by allowing the bouzouki to be removed from the premises during the ten day required holding period. 7. The personnel at Encore Music felt that they were more or less in compliance with the law because the item was in the hands of a regular customer, located in the same block who had agreed to return it if there were any problems. RECOMMENDATION IT IS HEREBY RECOMMENDED: That the City Council take adverse action against the secondhand dealer's license of Encore Music. ,� ��/�, , f .�� , Dated: �— �/�`" .S �'��'`�� `�� . ,�°' �►,6,t,,.. �JOHN W. HARRIGAN r .A°"` Administrative Law Judge NOTICE Pursuant to Minn. Stat. 14.62, Subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. Reported: Tape recorded 4 � - � . q�- � � �q I�'IEMORANDUM Encore Music certainly violated the letter of the law in selling the item to Dr. Boling. The precautions that they took in informing Dr. Boling that the merchandise might have to be returned, the fact that they admitted promptly to Mr. Mantis that they had the item, and their ability to quickly retrieve the item indicate that they certainly are in tune with the spirit of the law. The only troubling factor is the request for a"finder's fee" to Mr. Mantis. It would seem that if Encore Music bought stolen merchandise it is their risk, not the risk of the victim. The penalty can range from a reprimand to a suspension or revocation of license and could be set up as a fine and assessment of costs as recommended by the License Inspector. Once Encore Music was notified that the property was stoten, it took immediate steps to retrieve the merchandise and have it available in the store for the owner to pick up. A fine of 5800.00 plus the costs of this hearing seems to be a punishment that is more severe than the incident indicates. JWH 5 STATE OF MINNESOTA q5- I(� � ; '��uo �� ••. OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 _ 100 Washington Avenue South ., . Minneapolis, Minnesota 55401-2138 �i�C� ��i�l �EQ' September 18, 1995 S��' 19 1995 . ..�. — -. _ _ __.w..r..�.ax:.�.. Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Re: In the Matter of the Licenses of Encore Music, Inc. d/b/a Encore Music; OAH Docket No. 60-2101-9908-3 Dear Mr. Owusu: On September 11, 1995, Administrative Law Judge Harrigan served the Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Enclosed is the official record. A copy of the tape recording will follow. Our file in this matter is now being closed. Very truly yours, � �2��[ � . fl�z-.�noo 2 N ncy M. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. cc: Janet Reiter, Asst. City Atty. Penny Smith Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 q�-�i�q STATE OF MINNESOTA ) 1 Ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF HENNEPIN ) John W. Harrigan, of the City of Minneapolis, County of Hennepin, in the State of Minnesota, being duly sworn, says that on the 1 1 th day of September, 1995, he served the annexed Findings of Fact, Conclusions and Recommendation on Janet A. Reiter, City Attorney, by mailing to said person a copy thereof, enclosed in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, directed to her at Office of City Attorney, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, MN 55102, the last known address of said person. .,;;� � � �' ; %� ,';' Subscribed and sworn to before me this 1 1 th day of September, 1995. •g., LUANN SKRIVSETH yt�;� 'O7ARY PUBUC - MINNESOTA ' cNNEPInf COUNTY .�• ,� Comrt�ssion E�urs dan. 31. 2000 � ��J�� ,� Notar Public �..,yt. , � r � . . , . . . ,� . 1 I��1��1 STATE OF MINNESOTA ) ) Ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF HENNEPIN ) John W. Harrigan, of the City of Minneapolis, County of Hennepin, in the State of Minnesota, being duly sworn, says that on the 1 1 th day of September, 1995, he served the annexed Findings of Fact, Conclusions and Recommendation on Encore Music, Inc. by mailing to said company a copy thereof, enclosed in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, directed to Encore Music at 1952 University Avenue West, St. Paul, MN 55104, the last known address of said person. _ ,% ! �� ' ; � � Subscribed and sworn to before me �� this 1 1 th day of September, 1995 �� , LUANN SKRIVS ETH ,y N07ARY PUBLIC - MINNES07A .yENNEPIn! �;,iuNTY k �� I' •Y COmroSSqn Expur dx��. 31. Y000 � au �� y ,.,. . Notar Public �.d ° � '!.1Fft� y�" . ��^�� ..a� q�-� r�9 OFFICB OF ADMINISTRATIVE HEARIN(i8 FOR THE COIINCIL OF THL CITY OF SAINT PAUL OAH DOCket No. 9-2101-9759-3 In re the Licenses of Encore Music, Inc. d/b/a Encore Music 1952 University Avenue West CITY�B PROPOSED E%HIBITS August 15, 1995 TO: Judge John Harrigan, Administrative Law Judge, Office of Administrative hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401-2138 The following constitutes the proposed Hearing Exhibits of the City's Department of License, Inspections and Environmental Protection. 8xhibit No. Description Exh. No. 1 Notice of Hearing with Affidavit of Service; dated July 21, 1995 (4 pp.); Exh. No. 2 License information re Encore Music, Inc. d/b/a Encore Music, certified July 19, 1995 (1 p.): Exh. No. 3 Police Report CN 95-086-496 dated June 19, 1995 (4 pp.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 &.06 St. Paul Legislative Code Chapter 355 Respectfully submitted this 15th day of August, 1995. � �, �� J et A. Reiter f f ice of the City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8731 OFFICE OF THE CITY ATTORNEY Timothy E. Marx, Ciry Attorney CITY OF SAINT PALTL Civi! Drvision ��- I r � � Norm Coleman, Mayor 400 Ciry Hall Telephone: 612 166-8710 IS West Kellogg Blvd. Facsimile: 612 298-5619 Saint Paul, Minnesoia 55102 � September 12, 1995 NOTICE OF COUNCIL HEARING Mr. Raymond F. Smith Encore Music 1952 University Avenue West Saint Paul, Minnesota 55104 RE: All licenses held by Encore Music, Inc. dba Encore Music for premises located at 1952 University Avenue West, St. Paul Our File Number: G95-0291 . Dear Mr. Smith: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned establishment has been scheduled'.s.for 3:30 p.m., Wednesday, September 27, 1995, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courtliouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will..be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the AdMinistrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, . �� Janet A. Reiter Office of the City Attorney cc: Raymond F. Smith, 2658 Chippewa Ave., North St. Paul, MN 55109 Judge John Harrigan, 1900 Hennepin Ave., Mpls, MN 55403 Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Ed Bower, Community Organizer, Merriam Park Community Council 2000 St. Anthony Ave., St. Paul, NIM 55104 ` ' • OFFIC� THE CITY ATTORNEY T'u�w�hy E. Man� Ciry Attorney CITY OF SAINT PAUL c� n;,.�,� ��_�� Norm Cokmax, Mayor 400 City Hal! Telephone: 612 266 8710 IS West Kellogg Blvd Fauimile: 612 29iB-5619 Saint Pau� Minnesota 55102 � July 21, 1995 NOTICE OF HEARING Mr. Raymond F. Smith Encore Music 1952 University Avenue West Saint Paul, Minnesota 55104 RE: Al1 licenses held by Encore Music, Inc. dba Encore Music for premises located at 1952 IIniversity Avenue West, St. Paul Our File Number: G95-0291 Dear Mr. Smith: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Tuesday Auqust 15, 1995 Time: 9:30 a.m. Place: Room 41 st. Paul City Hall 15 W. Relloqq Blvd. Saint Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: John Harriqan Office of Administrative Hearinqs 100 Washinqton square, suite 1700 Minneapolis, MN. 55401 Telephone: 872-p222 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse �i�A�� , • � _ d/b/a Encore Music — City's Exh. No. 1 • • Q�-��9 action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: ��On or about June 7, 1995, a clerk in the licensed business sold property which had been received or purchased the day before, and permitted the property to be removed from the premises. This is a violation of Section 355.04 of the Saint Paul Leqislative Code, and is the qrounds for adverse action against the license. In addition, the clerk knew or should have known that the property was stolen, and received it and resold it the next day. This is an additional basis for adverse action aqainst your license. You are responsible for all actions of your employees and clerks.�� You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. Notice of Hearing - Page 2 � , • � • • • °I5- I I�� If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, � �� anet A. Reiter . Office of the City Attorney cc: Raymond F. Smith, 2658 Chippewa Ave., North St. Paul, MN 55109 Judge John Harrigan, 1900 Hennepin Ave., Mpls, MN 55403 Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Ed Bower, Community Organizer, Merriam Park Community Council 2000 St. Anthony Ave., St. Paul, NIl�I 55104 Sgt. Gene Polyak, SIU, St. Paul Police Dept. Mr. William C. Mantis and Ms. Chris Trost, 306 Irvine Ave., St. Paul, MN 55102 Notice of Hearing - Page 3 q5�<<�q Lic ID ................... 77605 STAT ..................... AC Business Name............ ENCORE MUSIC INC Address .................. 1952 UNIVERSITY AVE W Zip ...................... 55104 Doing Business As...:.... ENCORE MUSIC License Name...�.......... SECOND HAND DEALER-SINGLE LOCATION Exp Date ................. 11/23/95 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ INSP CHANGE FROM 02 TO O1 ON 4/09/92 . INSPECTOR CHANGE FROM BARB TO MIKE - 1/6/92 Tax Id ................... 2802863 Worker Comp Exp Date..... 11/07/94 Telephone ................ 644-2629 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP� VT102 � FDX � 9600 E71 � LOG CLOSED � PRINT OFF � July 19, 1995 I hereby certify that this is a true and exact copy of the records of the LIEP Off ice of the City of St. Paul for Encore Music Inc. DBA Encore Music at 1952 W. University Avenue. q � � ��! �� Kr s Schweinler, Chief License Inspector ot ry Public i-3r-vc� . ��,�,,,�,,. LINDA KAY KORAN NOTARY PUBLIC-MINNESOTA ;;� 61�r Canmleslon Expirea Jan. 31, 2000 r x � ■ .� d/b/a Encore Music � � City's Euh. No. 2 — , . ;, ST. PAUL POLICE DEPARTMENT nF_ r�'7 C� � Pa9e �_of—�--- GENERAL REPORT `�� J� � I Day Month Date Year Time: Squad: Team: OHense: �0 1 �i 5' �= 3c� ZlV{� �7a � _ _L. � � � Class: Location of Call: Location of Crime Scene: Time of ArresC • /�/� ��S (,� U Vef � Time & Date oi Occurrence: Bu . Phone: Home Phone: Occurred ❑ At ❑ Between: hrs. on and hrs. on ComplainanYs Name (Last, First, Middle): Address: �S �a � $ /do �'� /� �- Articles Recovered: Disposition: ❑ Records ❑ Crime Lab Lxker �(/��. � Crime l.eb � Property Room �::... �....� ..:.::..: ....�....,,. ..:' ,;...:..;;:a...�.. ,;c; . ....:...;.. ,I� '^".!�3 ,,,n. ..:. � . .:.. .... . ....:: �..:, .... . . . . � - .r: � . , .. . ..:.: :.::. ... .:.>.:.:. ., ::,'<:... : .< .: ,�x. ...�%.%":� 'r:'#•'; ; : z : , ..... ....:.....::........... . ...�. .�. .n ... s.. .t.».. . .. ........ . 5.,.. r. ... . ..,. .. . . . v . . . . .. . . .::..: ..:..�: .w.....y.::: ..._ ::.5"` . k ' .............n.�e:.. ..... . .. ..�i..... . v n. . . . �. �.. . . n .:.. :.v:...: . n&� 'v't;t/. ......,....._ ..,...«.... .�.. .., . . w... . . . . . .. . .<. ::::::.....:..:.... �. .: .- .x..t¢;� �">�'S' ::£` .'.�>:: . �i r -«:>�'i:�?'a>:>..:...:..%';. : �. . ..':,' z'... :.. o ":i .;'�>. ,..::.,.,...K...,::.,..,.. ... .M. ... > . . , s.,.....,t .<,.:::...,.::,.:,,.�,;,,;..:.:.�.,� �'��x33a`r:.:<za�,�.�..:�: ��i..s:. „;�.::.,nu�. , r�".�n�..3�"f''�3�i r*�:.. � P'� ":.•'.'��:... .,.�..,: : .,...�. f ..�.<...<�.�. '*�`Sc.��...��3�.% .:: ..: x ,;.. ..: ..< . :..:,..> ......� . Arrest Number Last Name First Middle Address DOB Age Sex Race _ _ ..._ On 6-12-95 I was advised by Kris Vanhorne of (L.I.E.P.) that she had been contacted by a Chris Trost 222-1222 and informed that some_ _ __ _ __ __ _ items of_property taken in a burglary under CN 95-078-829 were purchased by Encore Music . The items _o�_ property included a Encorda Bazonki valued at approx $800.00 dollars and a Reavey backstage 30 wat amp. _ __ _ _ . _ The items o£ property were purchased on 6-6-95 from a-B/M who was - identified with a Wisconsin drivers license as Thomas , Jeffery Of 749 Avon in St-. Paul. Jeffery was accompanied by a B/F unk name described as being approximately 29-30 yrs old with a medium build about 5'3° 1301bs. Jay, who was reportedly the sales clerk at Encore stated he knows the B/F with the suspect and has had past dealing with her at Encore. Jay however could not recall what the female name was. The victim's of the burglary ( William Mantis & Chris Trost) called the area 2nd hand stores and inquired about their stolen property. The original report was made by Mantis, William Constance of 306 Irvine Ave 290-9988. William called Encore and spoke with a Cork, Jay Eric 1-20-71 who is an employee at Encore Music. Jay advised William that his property did come in to the store on 6-6-95 and the Banzonki was sold on 6-7-95. to a personal friend of his named Dan Boling. Jay advised that he would call Dan and have the Banzonki returned so he could pick the property up at the store when it was convenient . The owner picked up his stolen property on � ,. _ � 1 „ �� .� .. , d e ``=5 . OC for' tF:� �o _�rt-• , _ _._ _. „ � u. d�,a� �nccr -.� F"' F r• • On 6-16-95 I went to Encore Music and spoke with store employee Jay � Cork. I asked Jay if he remembered purchasing the above items of � property and he replied, yes. Jay stated he and the store manager 1 Penney Smith watched as the suspect Jeffery Thomas pulled up__in a � white cadillac. Jay stated he and Penny both thought the � transaction was suspicious because the B/M who made the sale.was � very nervous. After the transaction was made the items of property � were recorded-in-the stores log-book under items 383 aad 384 dated- 6-6-95 (See attached sheet) . This same entry shows the two items of � property marked as being sold on 6-7-95. - - . CONTINUED '� _ _ _ __ _ . _ _ _ _ Assisting Officer. Emp. No.: Repoc� g Officer. /J� � E�.,[Jo.: � vl�? � �� U Report Reviewed By: Emp. No.: O.T.: TypisC R.O.: Code: Name Entry: �Yes �--- - � -- — --- =-� ' � , ❑ CHF ❑ Hom ❑ Rob ❑Jw ❑ Coord ❑ ID ❑ Lab ❑ Rec ❑ Team d/b/a Encore Music _ ❑ D/C ❑ Burg ❑ Theft 0 Prop ❑ CAU ❑ F&F ❑ Auto ❑ DAO ❑ CO CI��S EX�I. N0. 3 _ v � ' CONTINUE NARRATIVE HERE __ _ _ _. ___ _ . _.. _. ._. _ _ _ . _ _ __ _ _ _ _. _ __ _ _ _. _ _ _ _ _ _ I asked Jay i£- he- was aware-- of- the- required 10- day- holding- period - - required on items purchased by the store and he replied, yes. I -- asked why- in this- case - the- items were- sold the- next- day and not - , held for the required 10 days. Jay stated that usually the store -- will sell things right they are purchased but will require� _ the item's be held in the store for 10 days. In this particular case the Bazonki was sold to a friend of Jay's and because�of tYie friendship Jay allowed the purchaser Dan Boling to take the item from the store before tfie 10 day's was up. Jay stated he told Dan that the item "may be stolen" and if it__actually_ turns out to , be __ __ _ _ _ _ _ _ _ stolen he will have to �eturn it to the store and the sale will be off._ I asked if Penny_�mith_knew_that he had allowed_the__item to _ leave the store in violation of the 10 days and he stated not until the- next_ day. _ I_ asked if Penny was upset--with him and- he- replied, -- no. Jay stated that later in the day when he called her back to let -her know that- the Bazonki was stolen- she- responded- by saying -"O- - - Shit". _ _ __ _ _ _ _. _ . _ _ _ _ _ _ _ _ _ __ . I advised Jay that in the future if he suspected something in the store to be stolen to contact me. I also advised him that if the suspect in this matter returns to the store he may want to consider not doing business with him ariy longer. __ _ _ _ _ _ _ _ _ _ _ __ I was contacted by Chris Trost on 6-19-95 and was advised that per her phone conversations with Sgt. Pelton, who is investigating_this_ case it appears the Employees of Encore are being less than helpful in attempting to identify the suspects in this case. - -.-- -- ,-- _ _ _ __ _ _ _ _ _ _ _ __ . _ _ _ _ _ _ _ _ _ _ __ __ _ __ __ . _ _ . _ _ _ _ __ . __ _ _ _ _ _ _ . ___ _ _ _ __ _ _ _ . _ _ _ _ _ _. __ _ _ _ _ _ _ _.. . _. _ _ _ _ __ _. _ ._. __ __ _ __ __... .. __ . ..___. _ __ _ , _. __ _.. __. _ __. __ __ _. . _.... _ ._ .,.,_. .. _ �_ _ t _ _ __ __. _ ___....._ __ ____ ___ __ _ ._ �__. __._�_._.__._... _._ _ � _ _ _. _ .. _ _ _ _ _ _ _ __ _ . _ _ __ _ , � CONTINUE NARRATIVE HERE � �_ � I �(� � __ I asked- Jay.-- if..- he-was- aware-of- the- required- 10-- day- holding- period-------- required on items purchased by the store and he replied, yes. I � -- ---- asked- why--in-- this- case -the-items were- sold the-next- day- and not- �-- -- held for the required 10 days. Jay stated that usually the store will sell things right after� they are purchased� but will� require �- � the item's be held in the store for 10 days. In this particular � ---- case the Bazonki was sold to and"because� of� � friendship Jay allowed the purchaser Dan Boling to take the item _ __. - ._ _ _ __ --._ . __ _. ___ . __ _ rom t e store e ore tfie l0 day's was up. Jay stated he told Dan that the item _!'may be__stolen° _and_ if „it__actually__ turns_.out to be ._ _ . _ _ _ ___ _ _ _ stolen he will have to return it to the store and the sale will be off . I asked_ if Penny_ �;anith_ knew_ that. he had allowed. the__ item_. to __.. leave the store in violation of the 10 days and he stated not until the_ next day. _ I_ asked _ if - Penny was upset- with- him and- he- replied,--- -- no. Jay stated that later in the day when he called her back to let - - her- know- that-- the Bazonki- was- stolen-- she--responded- by saying- "O- - Shit". � I advised Jay that in the future if he suspected something in the store to be stoleri to - contact� me: I also� advised him that if the suspect in this matter returns to the store he may want to consider �not doing business with�him longer. __ ___._ _.__ _ __ _______ _____- - --_ _. __.. _ _ _ _ ... ----- ------ --.__- - __ _ ---- -- __ ----.._ _. _ __.._._ _ __ _ __ I was contacted by Chris Trost on 6-19-95 and was advised that per her phone_ conversations _with Sgt . Pelton, _ who is investigating.this._ _. case it appears the Employees of Encore are being less than helpful in attempting to- identify_ the suspects in this. case.- --------�- --.- --------- -- _---- _---____ .-----______._.------- __..__._.____ __ _ ---, �___..-- -----__._._ __�._.__ __ t__ -- t __ _�._ _ ! __. ___._.__.__... _____._.__�----___--�r�--._�---- :_ --- ---___- --------- ------ __ _ �.. T r __..._��_��.��_'-��' _�. �". �� ,�-.-..� .. �---��._�.�. _._�...�. �..__.�.�.�.'�_ _"__�.""_�... _"_.�... " ."` �� . �•. 'y'�". _ -' "'t F �. ` f ��-�-�-- , � ,y; �Y' . . _ - . � . . _ . ' . , , . . . . 1 . .., , � . :kfttW.��.�_ ��2L. � `. � • � • � � • ia« �� • M � � � � y � �- � • � •�. � , `.� , -% /`�� !' � , ' � IL � � ► �� . �i�+7 �• � �: l.��:_ .��.�' .. : - � ►,.��! � ' . r.• !'�. �j- � ..;. . �O��i �� ,: ._ ►-� ► IR :.. _, �� .. �►�� , � �, , ,1 � ',� " �G�O ►., - �, .� ��i ti�,� : �n � "- � �1� ,_ ' - • �'�'�!/ =r►�3,� � . 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Z �►� MENS� � � .�ZUV k�.� ' . 1 ' � '' "" ' _ W/ h� r:.��. �..•�t �Gv�r(�(� ^' _ Cr-�c.� waEs •�P Ib w �� ., MENS 2, � ,� .�,; � � � : ;�;.�r. � S�zr �-, �,, LADIES � �t�-�vf' , ,�% C'j'r� �t7� i �v . . . MENS � . 3 '.. ' . ,� � �. LADIES .�, (�l. , MENS . 4 � � � MENS. . . . . . . ` . ... 5. LADIES DATE• ,.. ., TIME AMOUNT • STORE DE TICKETk CIERK PA1�N gVy • "G •- 'S • I C� � g . . n , r`O �- � �� .,� , , PM 625 9 :.,•_ . ._.......:w<..�.,.x.. .,.;.;.: .. .... ....�..., ,..�.._:........�_.,_�..._..�_...,...:,. . . ....__.. .,._......... ......X. ......_�__.___�..... ..._..__. . ._� .. .._ _ ..:........� _.. _ �-__,_.. ., .,..._.. ,. ,- �� g C� - `�� ,6 - . C� 9 , � � � . � � . � � � . . _ � � .�_� _ .__ __. , � . � . OFFICE OF ADMINISTRATIVE HEARINGS � � ^I FOR THE COUNCIL OF THE � CITY OF SAINT PAUL OAH Docket No. 9-2101-9759-3 In re the Licenses of Encore Music, Inc. d/b/a Encore Music 1952 University Avenue West Memorandum on Burden of Proof and Evidence August 15, 1995 TO: Judge John Harrigan, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401-2138. 1. Burden of Proof - Preponderance of the Evid�nae. In a civil hearing concerning adverse action on municipal licenses, the City as the licensing authority must prove its case by a preponderance of the evidence. The City's evidence must lead the trier of fact to believe that it is more likely that its case is true than not true. See Civil Jury Instruction Guides, JIG II 70 G. If there is the slightest tipping of the scales in the direction of the City by credible evidence, then it has proved its case. 2. Hearsap Bvidence. (a) Generallv. In Hagen v. State Civil Service Board, 282 Minn. 296, 164 N.W.2d 629, 632 (1969), the Minnesota Supreme Court stated in a case dealing with a challenge to evidence that a civil service board had admitted: "It is true that an administrative body acting quasi- judicially is not bound by strict procedural rules which circumscribe the action of a court, and that incompetent evidence is not fatal to its determination." 1 . q�-i►�q The Minnesota Supreme Court, while recognizing that hearsay evidence is admissible in administrative disciplinary hearings and that hearsay evidence alone �iqht be sufficient to sustain a decision, holds that in most cases hearsay evidence alone will not be enough. In re Wanq, 441 N.W.2d at 495. Minn. Stat. sec. 14.60, in providing for the evidence that may be received and heard by administrative agencies subject to the state APA, states in part: "In contested cases agencies may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs." Sec. 14.60, subd. l. (b) Police Reports. Police reports which recite the personal observation and experiences of the police officers who wrote them are admissible in administrative hearings, and may support findings made by the administrative or quasi-judicial body which is holding the hearing. �abes v. City of Minneapolis, 265 Minn. 166, 120 N.W.2d 871, 877-78 (Minn. 1963). This is an exception to the hearsay rule, based on the admissibility of the official records and reports of public officials. (c) A,dmissions Against Interest. All admissions made by a party outside the record, are admissible in evidence to prove the fact in issue to which the admission relates. Minn. R. Evid. 801 (d)(2); Lowen v. Pates, 18 N.W.2d 455, 454 (Minn. 1945). Admission by a party-opponent includes statements by the party's agent or servant concerning a matter within the scope of the agency or employment, made during 2 � . q5 �r�9 the existence of the relationship. Minn. R. Evid. 801 (d)(2)(D). Therefore any statements made by the clerk in regard to the purchase of the merchandise, the nature of the transaction or the subsequent sale, all made while the clerk was an employee of the licensed establishment are not hearsay and are admissible evidence. 3. �es�ponsibility tor Employees� Actions. Section 310.17 of the Legislative Code provides in pertinent part that "(a)ny act or conduct by any ... employee ... of a licensee, ... which act of conduct takes place on the licensed premises ...[and which act violates federal, state or local lawJ ..., shall be considered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. ..." The licensee thus, is liable for the active or inactive permission of his employees in allowing the unlawful activities to take place in the license establishment. Respectfully submitted this 15th day of August, 1995. � t/�� anet A. Reiter Office of the City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 PH: (612) 266-8731 Atty. Reg. No. 250806 3 . � • • a ' ^ • q5- in� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 25, 1995, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Raymond F. Smith Encore Music 1952 University Avenue West Saint Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. JOAN G. LEMENTS Subscribed and sworn to before me this 25th day of July, 1995. Notary ublic ��. ��-Ir�TA AAI�Y COtJl�li'Y o� �.ow,tr�. s�. s000 � � . L � • . . ♦ . .. . . . . .-.+��vs�...vr�:.�wl•,.+�t.,yti•wns� M r. ,. � �.�,� 3^� ^ t� /�:1��;38' �, ;F�: , •wttiwf :'k18U'�Y4N►l�,M S � �?,;t,'a � i` �� , ,.. . -�.:�--:5 wk� :.ro�,� .�. �„�.�,�.var�.�n.��.... ac O� � G I�J (,� ( q�- �� ouncil File # � i �L � � � Green Sheet # � �G 3/ ' RESOLUTION CIT�.a( OF SAINT PAUL, MINNESOTA � �� 1�' � Presented By � `' .` '_ Referred To Committee: Date 1 2 RESOLVED, that the Intoxicating Liquor On Sale, Restaurant, Gambling 3 Location, and Sunday On Sale Liquor licenses, I.D. No. 19509, held by G-Brud, Inc. dba 4 Starting Gate, for the premises at 2516 West Seventh Street in Saint Paul are hereby 5 suspended for a period of fourteen (14) consecutive days; and be it 6 7 FURTHER RESOLVED, that seven (7) of those days' suspension is hereby 8 stayed for a period of 18 months, upon the condition that there being no further 9 violations by the licensee, and upon the following two express conditions which shall 10 continue for all of the above licenses for the licensed premises so long as they shall be 11 held by Dean Gubbrud, G-Brud, Inc., or any person, firm or corporation in which Dean � 12 Gubbrud shall have an interest: 13 14 1. Dean Gubbrud shall undergo drug and alcohol assessment and treatment, if he 15 has not already done so, and shall cooper�te fully in such assessment and 16 treatment. . - - 17 . ' 18 2. Dean Gubbrud, for as long as he shall hold these licenses or have any interest 19 in such licenses, shall be an active and participating member of Alcoholics 2� Anonymous for both alcohol and drug treatment, and shall attend weekly 21 meetings of such� organization while he holds such licenses or has any interest in 22 them. 23 24 and be it � 25 26 FURTHER RESOLVED, that the seven (7) day suspension shall commence on 27 the fourth Sunday following Council action in this matter, to wit, Sunday, August 14, 28 1994, at 12:01 a.m. and continue through Saturday, August 20, 1994, at 11:59 p.m.; and 29 be it 30 � 31 FURTHER RESOLVED, that to the extent this penalty is a deviation from the 32 presumptive penalty in Section 409.26 of the Legislative Code, it is based on the reasons 33 speci�ed in the written recommendation made by the Office of the City Attorney on 34 behalf of the Director of LIEP. JS 36 This Resolution and the action taken above are, in addition, based upon the facts 37 contained in the Notice of Violation dated May 2, 1994, the facts in the stipulation and 38 police reports furnished to the Council for its deliberations in this matter, and all of the 39 other documents in the materials provided to the Council as part of this agenda item. 40 The facts as outlined in the notice, stipulation and police reports are not contested by 41 the licensee. The action taken is also based on the facts, circumstances and arguments 42 presented by and on behalf of the licensee during thc public hearing. � 43 O�R�I G I N� L q5- r��g �_� t� _ 4 Ye�,s Navs Absent Requested by Department of: a ey � �Iarris rimm � uerin _ ecar Ke tman une —�� B Adopted by Council• Date ��r �r.� , 3\qc�u Form Approved by City Attorney . ` Adoption Certified b� Council Se ��, a By � Approv Mayor for Submission to Approved by , o�• ate Counc' �. 1 C�� .�fi�'�f By� , , � By� � q�- < <�� § 310.05 LEGISLAT'NE CODE Sec. 310.05. Hearing prceedures. licensee, and shall present to the council written ��' � (a) Adverse action; notice and hearing require- �dings of fact and conclusions of law, together with a recommendation for adverse action. ments. In any case where the council may or in- �e council shall consider the evidence con- tends to consider any adverse action, including the revocation or suspension of a license, the im- �� in the record, the hearing eaaminer's rec- position of conditions upon a license, or the denial ommended findings of fact and conclusions, and of an a hcation for the shall not consider any factual testimony not pre- pp ' grant, issuance, renewal �ou.sly submitted to and considered by the hear- or transfer of a license, or the disapproval of a � examiner. After receipt of the hearing esam- license issued by the State of Minnesota, the ap- �er's findings, conclusions, and recommendations, plicant or licensee shall be given notice and an � council shall provide the applicant or licensee opportunity to be heazd as provided herein. The � opportunity to present oral or written argu- council may consider such adverse actions when ments alleging error on the part of the examiner recommended by the inspector, by the director, by in the application of the law or interpretation of the director of any executive depaztment estab- the facts, and to present argument related to the lished pursuant to Chapter 9 of the Charter, by recommended adverse action. Upon conclusion of the city attorney or on its own initiative. that hearing, and after considering the record, the (b) Notice. In each such case where adverse ac- examiner's findings and recommendations, togeth- � tion is or will be considered by the council, the er with such additional arguments presented at applicant or licensee shall have been notified in the hearing, the council shall determine what, if writing that adverse action may be taken against �y� adverse action shall be taken, which action the license or application, and that he or she is shall be by �solution. The council may accept, entitled to a hearing before action is taken by the reject or modify the findings, conclusions and rec- ommendations of the hearing egaminer. council. The notice shall be served or mailed a reasonable time before the hearing date, and shall (c-2) Ex parte contacts. If a license matter has state the place, date and time of the hearing. The been scheduled for an adverse hearing, council notice shall state the issues involved or grounds members shall not discuss the license matter with upon which the adverse action may be sought or �� other or with any of the parties or interested based. The council may request that such written Persons involved in the matter unless such dis- notice be prepared and served or mailed by the �sion occurs on the record during the hearings inspector or by the city attomey. of the matter or during the council's final deliber- ations of the matter. No interested person shall, (c) Hearing. Where there is no dispute as to the with knowledge that a license matter has been facts underlying the violation or as to the facts scheduled for adverse hearing, convey or attempt establishing mitigating or aggravating circum- to convey, orally or in writing, any information, stances, the hearing ahall be held before the coun- argument or opinion about the matter, or any is- cil. Otherwise the hearing shall be conducted be- sue in the matter, to a council member or his or fore a hearing examiner appointed by the council her staff until the oouncil has taken final action or retained by contract with the city for that pur- on the matter, provided, however, that nothi.ng pose. The applicant or the licensee shall be pro- herein shall prevent an inquiry or communica- vided an opportunity to present evidence and ar- tions regarding status, scheduling or procedures gument as well as meet adverse testimony or concerning a license matter. An interested person, evidence by reasonable cross-esamination and re- for the purpose of this paragraph, ahall mean and buttal evidence. The hearing eaaminer may in its include a person who is an officer or employee of discretion permit other interested persons the op- the licensee which is the subject of the scheduled portunity to present testimony or evidence or oth- adverse hearing, or a person who has a financial erwise participate in such hearing. interest in such licensee. (c-1) Pra:edune; hearing examiner. The hearing (d) Licensee or applicant may be rnp�+esented examiner shall hear all evidence as may be pre- The licensee or applicant may represent himself sented on behalf of the city and the applicant or or choose to be represented by another. �...�� . , Supp. No. 27 2032 � q5-i��q LICENSES § 310.05 '� (e) Record; evidence. The hearing examiner (j) If the council imposes an adverse action as shall receive and keep a record of such proceed- defined in section 310.01 above, a generic notice of ings, including testimony and exhibits, and shall such action shall be prepared by the license in- receive and give weight to evidence, including spector and posted by the licensee so as to be vis- hearsay evidence, which possesses probative val- ible to the public during the effective period of the ue commonly accepted by reasonable and prudent adverse action. The licensee shall be responsible persons in the conduct of their affairs. for taking reasonable steps to make sure the na (fl Council action, resolution to contain find- tice remains posted on the front door of the li- ings. Where the council takes adverse action with censed premises, and failure to take such reason- able precautions may be grounds for further respect to a license, licensee or applica.nt for a adverse action. license, the resolution by which such action is tak- en shall contain its findings and determination, (k) Imposition of costs. The council may impose including the imposition of conditions, if any. The upon any licensee or license applicant some or all council may adopt all or part of the findings, con- of the costs of a contested hearing before an inde- clusions and recommendations of the hearing ex- Pendent hearing egaminer. The costs of a contest- aminer, and incorporate the same in its resolution ed hearing include, but aze not limited to, the cost taking the adverse action. of the administrative law judge or independent hearing e$aminer, stenographic and recording (g) Additional procedures where required. costs, copying costs, city staff and attorney time Where the provisions of any statute or ordinance for which adequate records have been kept, rental require additional notice or hearing procedures, of rooms and equipment necessary for the hear- such provisions shall be complied with and shall ing, and the cost of egpert witnesses. The council supersede inconsistent provisions of these chap- may impose all or part of such costs in any given ters. This shall include, without limitation by rea- case if (i) the position, claim or defense of the son of this specific reference, Minnesota Statutes, licensee or applicant was frivolous, arbitrary or Chapter 364 and Minnesota Statutes, Section capricious, made in bad faith, or made for the pur- 340A415. pose of delay or harassment; (u) the nature of the (h) Discretion to hear notwithstandi �olation was serious, or involved violence or the ng with- threat of violence by the licensee or employees drawal or surrender of application or license. The �ereof, or involved the sale of drugs by the lic- council may, at its discretion, conduct a hearing or ensee or employees thereof, and/or the circum- direct that a hearing be held regazding revocation stances under which the violation ocxurred were or denial of a license, notwithstanding that the aggravated and serious; (iii) the violation created applicant or licensee has attempted or purported a$erious danger to the public health, safety or to withdraw or surrender said licen.se or applica- welfare; (iv) the violation involved unreasonable tion, if the attempted withdrawal or surrender �k of harm to wlnerable persons, or to persons took place after the applicant or licensee had been for whose safety the licensee or applicant is or notified of the hearing and potential adverse ac- �,� r�po�ible; (v) the applicant or licensee was tion. su�ciently in control of the situation and there- (i) Continuances. Where a hearing for the pur- fe� �uld have reasonably avoided the violation, pose of considering revocation or suspension of a such as but not limited to, the nonpayment of a ' license or other disciplinary action involving a li- required fee or the failure to renew required in- cense has been scheduled before the council, a g�'�� Policies; (vi) the violation is covered by continuation of the hearing may be granted by the the matrig in section 409.26 of the Legislative council president or by the council at the request Code; or (vii) the violation involved the sale of of the licensee, license applicant, an interested cigarettes to a minor. person or an attorney representing the foregoing, (1) Imposition of fines. The council may impose upon a showing of good cause by the party mak.ing a fine upon any licensee or license applicant as an ".-.� the request. adverse license action. A fine may be in such �_/ Supp. No. 27 2033 q5- � �� 310.05 LEGISLATIVE CODE .:�' amount as the council deems reasonable and ap- (3) The license was issued in violation of any of ' �� propriate, having in mind the regulatory and en- the provisions of the Zoning Code, or the forcement purposes embodied in the particulaz li- premises which are licensed or which are to censing ordinance. A fine may be in addition to or be licensed do not comply with applicable in lieu of other adverse action in the sole discre- health, housing, fire, zoning and building tion of the council.lb the eatent any other prnvi- codes and regulations. sion of the Legislative Code provides for the im- (4) �e license or permit was issued in viola- position of a fine, both provisions shall be read tion of law, without authority, or under a together to the extent possible; provided, howev- material mistake of fact. er, that in the case of any con$ict or inconsistency, the other provision shall be controlling. (5) The licensee or applicant has failed to com- (Code 1956, § 510.05; Ord. No.17551, § 2, 419-88; PIY �� Y �ndition set forth in the li- Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, cense, or set forth in the resolution grant- § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. �g or renewing the license. 94-46, §?, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; (6) a. The licensee or applicant (or any per- C.F. No. 9�1340, § 2, 10-19-94) son whose conduct may by law be im- puted to the licensee or applicant) has Sec. 310.06. R,evocation; suspension; ad- �ala�� or performed any act which is � verse actions; i.mposition of coa- a violation of, any of the provisions of ditions. these chapters or of any statute, ordi- nance or regulation reasonably related (a) Council may take adverse action. The coun- to the licensed activity, regardless of cil is authorized to take adverse action, as defined whether criminal charges have or have in section 310.01 above, against any or all licenses not been brought in connection there- or permits, licensee or applicant for a license, as ��. provided in and by these chapters. Adverse ac- � tions against entertainment licenses issued under b• The licensee or applicant has been con- Chapter 411 of the Legislative Code may be initi- �� °f a�e that may disqualify ated for the reasons set forth in subsection (b) $�d applicant from holding the license below, or upoa any lawful grounds which are com- � question under the standards and municated to the license holder in writing prior to pTO�u�$ � Minnesota Statutes the hearing before the council. Such actions shall Chapter 364; or be initiated and carried out in accordance with �• The licensee or applicant (or any per- the procedures outline in section 310.05; pmvid- son whose conduct may by law be im- ed, however, that the formal notice of hearing shall puted to the licensee or applicant) has be used to initiate the adverse action without the engaged in or permitted a pattern or use of prior procedural steps. practice of conduct of failure ta comply with laws reasonably related to the li- (b) Basis for action. Snch adverse action may �� ty or from which an infer- be based on one (1) or more of the following rea- ence of lack of fitness or good character sons, which are in addition to any other reason may be drawn. specifically provided by law or in these chapters: (1) The license or � �'he activities of the licensee in the licensed permit was procured by mis- activity created or have created a serious representation of material facts, fraud, de- danger to the public health, safety or wel- ceit or bad faith. fare, or the licensee performs or has per- (2) The applicant or one (1) acting in his or her formed his or her work or activity in an behalf made oral or written misstatements �safe manner. or misrepresentations of materisl facts in (8) The licensed business, or the way in which or accompanying the application. such business is operated, maintains or per- ,. :. -_ _ - , ' �_;, : Supp No. 27 2034 , q5-< <�� LICENSES § 310.06 �� mits conditions that unreasonably annoy, (12) The licensee or applicant has violated sec- injure or endanger the safety, health, mor- tion 294.01 of the Legislative Code, or has als, comfort or repose of any considerable made or attempted to make a prohibited ex number of inembers of the public. parte contact with a council member as pra (9) Failure to keep sidewalks or pedestrian vided in section 310.05(c-2) of the Legisla- ways reasonably free of snow and ice as tive Code. required under Chapter 114 of the Saint The terms "licensee" or "applicant" for the pur- Paul Legislative Code. pose of this section shall mean and include any (10) The licensee or applicant has shown by past ��on who has any interest, whether as a holder misconduct or unfair acts or dealings: phys- of more than five (5) percent of the stock of a cor- ical abuse, assaults or violent actions done Poration, as a partner, or otherwise, in the prem- to others, including, but not limited to, ac- �es or in the business or activity which are li- tions meeting the definition of criminal sex- ��ed or proposed to be licensed. ual conduct pursuant to Minnesota Stat- With respect to any license for activities entitled utes Sections 609.342 through 609.3451; to the protection of the FirstAmendment, notwith- segual abuse, physical abuse or maltreat- standing the foregoing provisions, neither the lack ment of a child as defined in Minnesota of good moral character or fitness of the licensee Statutes Section 626.556, subdivisions 2 or applicant nor the content of the protected speech and 10e, including, but not limited to, acts or matter shall be the basis for adverse action which constitute a violation of Minnesota against the license or application. Statutes Sections 609.02, subdivision 10; (c) Imposition of reasonable conditions and/or 609.321 through 609.3451; or 617.246; ne- �strictions. When a reasonable basis is found to glect or endangerment of a child as defined ��se reasonable conditions and/or restrictioms in Min.nesota Statutes Section 626.557, sub- upon a license issued or held under these chap- division 2; the manufacture, distribution, �� one (1) or more such reasonable condi- sale, gift, delivery, transportation, egchange � �d/or restrictions may be imposed upon such or barter of a controlled substance as de- license for the purpose of promoting public health, fined in Minnesota Statutes Chapter 152; safety and welfare, of advancing the public peace the possession of a controlled substance as and the elimination of conditions or actions that defined in Minnesota Statutes Chapter 152 constitute a nuisance or a detriment to the peace- in such quantities or under circumstances fu1 enjoyment of urban life, or promoting security giving rise to a reasonable inference that and safety in nearby neighborhoods. Such reason- the possession was for the purpose of sale able conditions and/or restrictions may include or or distribution to others; or by the abuse of pertain to, but aze not limited to: alcohol or other drugs, that such licensee or �1) A limitation on the hours of o ration of applicant is not a person of the good moral � character or fitness required to engage in a the licensed business or establishment, or licensed activity, business or profession. on particular types of activities conducted in or on said business or establishment; (11) The licensee or applicant has materially �2) A limitation or restriction as to the lceation changed or permitted a material change in within the licensed business or establish- the design, construction or configuration of inent whose [sic] particular type of activi- the licensed premises without the prior ap- ties may be conducted; proval of the city council in the case of Class III licenses, the director in the case of Class (3) A limitation as to the means of ingress or II licenses, and the inspector in the case of egress from the licensed establishment or Class I licenses, or without first having ob- i� Paz'�g lot or immediately adjacent area; -_ tained the proper building permits from the (4) A requirement to provide off-street parking `� �t3'• in excess of other requirements of law; Supp. No. 27 2034 q5-i �� 310.06 LEGISLATIVE CODE ';. . • •� . (5) A limitation on the manner and means of (4) The management practices of the licensee �� advertising the operation or merchandise or applicant with respect to each of such of the licensed establishment; licenses; (6) Any other reasonable condition or restric- (5) The extent to which adverse action against tion limiting the operation of the licensed less than all of the licenses or applications business or establishment to ensure that would result in difficulty in enforcing and the business or establishment will harmo- monitoring the adverse action taken; nize with the character of the area in which �g� � hardship to the licensee or applicant it is located, or to prevent the development that would be caused by applying adverse or continuation of a nuisance. action to all licenses or applications; and (7) The hazdship and/or danger to the public, The inspector may impose such conditions on Class or to the public health and welfare, that I licenses with the consent of the license holder, or would result from adverse action against may recommend the imposition of such conditions less than all of the licenses or applications. as an adverse action against the license or licens- (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; es; the inspector has the same power with respect Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, to Class II licenses. The council may impose such 6-13-89; Ord. No. 17901, §§ 2, 3, 1-1492; Ord. No. �� conditions on Class III licenses with the consent 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 4-28- of the license holder, or upon any class of license 92; C.F. No. 94500, $ 3, 7-6-94; C.F No. 94-1340, as an adverse action against the license or licens- § 3, 10-19-94) es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- Sec. 310.07. Termination of licenses; surety cense or licenses upon issuance, renewal or �n� insurance contracts. transfer thereof, or upon and as part of any ad- (a) Automatic termina.tion, reinstatement; re- verse action against a license or licenses, includ- sponsibility of licensee. All licenses or permits ing suspensioa. Conditions imposed on a license which must, by the pmvisions of these chapters or or licenses shall remain on such licenses when other ordinances or laws, be accompanied by the renewed and shall continue thereafter until re- filing and maintenance of insurance policies, de- moved by the council in the case of conditions on posits, guarantees, bonds or certifications shall Class III licenses or conditions imposed by ad- automatically terminate on cancellation or with- verse action, and by the iaspector ia the case of drawal of said policies, deposits, bonds or certifi- Class I and II licenses. cations. No licensee may continue to operate or (d) Standards for multiple license determina- Perform the licensed activity after such termina- tion» In any case in which the council is autho- tion. The licensee is liable and responsible for the rized to take adverse action against less than all filing and maintenance of such policies, deposits, of the licenses held by a licensee, or applied for by ��' b°nds or certifications as are required in these chapters, and shall not be entitled to as- an applicant, the following standards may be used: $ert the acts or omissions of agents, bmkers, em- (1) The nature and gravity of the grounds found ployees, attorneys or any other persons as a de- by the council to exist upon which the ad- fense or justification for failure to comply with verse action would be based; such filing and maintenance requirements. In the (2) The policy and/or regulatory goals for the event the licensee reinstates and files such poli- particular licenses involved, either as em- cies, deposits, bonds or certifications within thirty bodied in the Legislative Code or as found �30) days, the license is automatically reinstated and determined by the council; on the same terms and conditions, and for the same period as origiaally issued. After thirty (30) (3) The interrelationship of the licenses and days, the applicant must reapply for a renewal of their relative importance to the overall busi- his license as though it were an original applica- ness enterprise of the licensee or applicant; tion. ``;� =` Supp. No. 27 2034.2 a ' LICENSES § 310.18 :� pursuant to and under the provisions of such re- Sec. 310.18. License fee schedule. pealed ordinances as though they continued to be in full force and effect. Notwithstanding the provision of any other or- (Code 1956, § 510.14) dinance or law to the contrary, the following fees are hereby provided for all the licenses listed herein. These fees supersede all inconsistent pro- Sec. 310.15. Penalty, visions, including, but not limited to, graduated Any person who violates any provision of these fee provisions, in these chapters and in other or- chapters, or other ordinances or law�s relating to dinances and laws, and include the fee for the licensing, or who aids, advises, hires, counsels or license application as part of the license fee; pro- conspires w�ith or otherwise procures another to �ded, however, that this section does not amend violate any provision of these chapters or other or modify sections 310.09(a) or 310.09(dj of the ordinances or laws relating to licensing is guilty Legislative Code with respect to eaempt organi- of a misdemeanor and may be sentenced in accor- zations or late fees. Pursuant to section 310.09(b) dancz with section 1.05 of the Saint Paul Legis- of the Legislative Code, these schedules shail be iative Code. The term "person," in addition to the Posted in the office of the director of the office of de�nition in section 310.01, shall for the purpose licenses, inspections and evironmental protection. of this section include the individual partners or These fees shall be effectire for license renewals members of any partnership or corporation, and and new license applications occurring on and after as to corporations, the officers, agents or members January 1, 1994, or on the effective date of this thereof, who shall be responsible for the violation. section, whichever is later; pro��ided, however, that (Code 1956, § 510.15) with respect to all licenses whose renewai dates occur a#'ter the effective date of this new schedule, there shall be no increases in, nor offsets or re- Sec. 310.i6. Reserved funds of, the existing fees paid, or due and oK�ing. Editor'e note-Section 310.16, pertaining to license fees and annual increasea, and derived from Ord. No.16885, adopted ENFORCEMENT LEVEL 1 Feb.11,1982; Ord. No.17059, adopted Oc�t. 20,1983; and Ord. No. 17303, adopted Oct. 29, 1985, a as repealed by Ord. No. Chapter/Section ' ' 17884, § 1, adopted Nov. 19, 1991. No. License Description Fee 167 Commercial Vehicle S62.00 Sec. 310.17. Licensee's responsibility. 190 Re�istered �veigher 62.00 316 Animal Foods Management & Dis- tribution 62.00 Any act or conduct by any clerk, employee, man 31 � Amusement Rides 62.00 ager or agent of a licensee, or by any person pro- 319 Bill Postera 62.00 viding entertainment or working for or on behaif 323 Christmas Tree Sales s2.00 of a licensee, whether compensated or not, which 32s Ctose out s�le s2.00 act or conduct takes piace either on the licensed 32� Dry Cleaning Pickup Station s2.00 331 $everage Vehicle 62.00 premises or in any parking lot or other area ad- 332 Liquid Fuel Vehicle 62.00 jacent to (or under the lease or control ofl the li- sss Solid Fuel Vehicle 62.00 censed premises, and which act or. conduct via 33s Private Fuel Pump s2.00 lates any state or federal statutes or regulations, 339 Ice Cream Vehicle 62.00 or any city ordinance, shall be considered to be 34o Mercantile Broker s2.00 345 Peddler (Solicitor/Transient) 62.00' and treated as the act or conduct of the� licensee 34s Rental of Clothing & Vehicle s2.00 for the purpose of adverse action against all or 349 Rental of Clothes Attire Vehicle s2.00 any of the iicenses held by such licensee. To the 35.0.02 Rental of Hospital Equipment s2.00 extent this section is in conflict with sections 350.02 Rental of Hospital Equipment Ve- 409.14 and 410.09 of the Le 'slative Code this hic]e 62.00 � � 351 Rental of Kitchenware 62.00 section shall be controlling and prevail; but shall 353 Roller Rinks 62.00 .: --f `� not othervvise amend, alter or affect such sections 355.01 Secondhand Dealer- ,�_ -� (Ord. No. 17629, § 1, 1-31•89) �a) &(b) Single Location 62.00 � Supp. No. 25 � 2037 . , q5 ��q § 354.03 LEGISLATIVE CODE � - . (b) License tags. There shall be issued to the in a tank approved by the division of public health, owner of each and every licensed vehicle a suit- and in such a manner as to avoid overloading or able license tag which shall be fastened and dis- spilling the contents thereof, or the emission of an played upon the outside of each and every vehicle offensive odor therefrom, and shall maintain the so that said license tag may be plainly visible at exterior of the vehicle and tank in a clean manner. all times. In case any vehicle licensee shall lose If any of the contents of the tank shall be spilled his license tag, he shall forthwith and before doing or fall upon any street, walk or premises, the any further business procure a new license tag owner or driver of the vehicle shall replace the and shall pay for each new license tag the sum of same immediately and remove all traces thereof. one dollar ($1.00). The tanks shall be kept and maintained clean and (c) Insurance. Whenever a license is issued here- inoffensive when not in use. under, the provisions of Section 1.44, Subsections (c) Disposal. No person shall dispose or dis- A, C, D, E, K, L, M, N, O and P of the City of Saint charge the contents of any septic tank, cesspool, Paul, Minnesota, Department of Public Works sink, privy vault or other private drain within the Speci�cations for Street and Sewer Construction, City of Saint Paul in any manner other than by as amended, shall apply. Certificate(s) of insur- disposing of or discharging the same into the ance submitted as proof of coverage shall be in a Minneapolis-Saint Paul Sanitary Interceptor lo- � form acceptable to the city attorney and shall in- cated in the vicinity of East Third Street and Com- clude the "St. Paul Uniform Endorsement" as re- mercial Street; and said contents shall be so dis- quired under section 7.03 of the Saint Paul Leg- posed of or discharged in compliance with the islative Code (uniform license endorsement). Said regulations of the division of public health and certificate(s) must be submitted to the inspector the department of public works. prior to issuance of the license. (d) Records. All persons licensed hereunder (d) License not transferable. At no time will it shall keep an accurate record of the name and be permissible to transfer licenses from one (1) address of the owner of each septic tank or cess- vehicle to another without consent of the inspector. pool which is pumped, and said licensee shall No moving vehicle shall be sold or transferred submit to the director of public works, on the first without first removing the license tag from the day of each month, a written report listing the vehicle and destroying it. name and address of the owner of the property (Code 1956, §§ 241.03, 241.04) containing the septic tank or cesspool pumped by said licensee. Sec. 354.04. R,eguiations. (Code 1956, §§ 241.05-241.08; Ord. No. 16881, (a) Cleaning of tanks, etc. The cleaning, emp- 2-4-82) tying and removing of the contents of any septic tank, cesspool, sink, privy vault and any other private drain shall be done in an inoffensive Chapter 355. Secondhand Dealers* manner, and any person having begun any such sanitary disposal work shall, without any inter- Sec. 355.01. License required. ruption or delay, finish the same, and shall in every instance leave the septic tank, cesspool, sink, �a) Secondhand goods. No person shall be en- privy vault and private drain in as good condition gaged in the business of buying or selling second- upon the outside as when the work was under- h�d goods of any kind in Saint Paul without a taken. license to do so. (b) Transporting contents. Every licensee or per- �� Antiques. No person shall be engaged in the mittee hereunder, in conveying upon the public business of buying or selling antiques of any kind streets, alleys or elsewhere in the City of Saint in Saint Paul without a license to do so. Paul the contents of any septic tank, cesspool S1nk, •Crosa references—Secondhand book dealers, Ch. 235; li� privy vault or private drain, shall convey the same censing regulations for pawn shops, Ch. 344. .� Supp. No. 24 2100 . , Q5- i ��q ,��--�:_ ` LICENSES ' ; ,' :} § 355.03 (c) Exhibitions. Any person desiring to have an (2) Any person engaged in taking in second- eachibition, convention, show or exposition of sec- hand goods and merchandise as part or full ondhand goods or antiques for a limited period of payment for new goods and merchandise time, not to exceed five (5) consecutive calendar where such business is incident to and not days, shall apply for a license so to do, as herein- the primary business of such person. after provided. The provisions of paragraphs (a) and (b) of this section shall not apply to persons (3) Any person licensed by the County of exhibiting, showing, buyi.ng or selling seoondhand Ramsey as a precious metal dealer pur- goods or antiques at a duly licensed exhibition, suant to Chapter 333, Laws of Minnesota convention, show or e�position. No more than for 1981. twelve (12) exhibitions may be held at a single �4) The sale of secondhand books, magazines, location in a license year. sound or video recordings, films or baseball (d) Multiple dealers at one location. The owner �ds. of a business, at which two (2) or more secondhand goods dealers are engaged in business by main- (5) The sale of goods at an auction held by an taining separate sales space and identifying them- auctioneer licensed under Chapter 390 of selves to the public as individual dealers, may the Legislative Code. obtain a multiple secondhand goods dealer license � for that location. No such license shall be issued �6) The sale of secondhand goods where all of unless the following requirements are met: the following are present: (1) The business shall have a single name and a. The sale is held on property occupied address; as a dwelling by the seller or owned, rented or leased by a charitable or po- (2) The business shall operate in a compact and litical organization; contiguous space; b. The items offered for sale are owned by (3) The business shall be under the unif`ed con- the occupant; trol and supervision of one (1) person, part- c. That no sale exceeds a period of . nership, firm or corporation, which shall seventytwo (72) consecutive hours; � hold the license; d. That no more than three (3) sales are� (4) All sales shall be consummated at a central held in any calendar year; point or register operated by the owner of e. That none of the items offered for sale the business, and the owner shall maintain shall have been purchased for resale or a comprehensive account of all sales. received on consignment for purpose of The holder of a secondhand resale. goods dealer license (Code 1956, §§ 342.01, 342.12; Ord. No. 16828, under this section, for a business with more than 10-1-81; Ord. No. 17362, § 1, 6-5-86; C.F. No. 93- one (1) dealer at the same location, shall comply 1646, § 1, 11-23-93) �- with all of the requirements of this chapter, in- cluding the responsibility for reporting and re- cordkeeping, in the same manner as any other Sec. 355.02. Fees. � dealer licensed under this chapter. Any dealer li- censed under this section shall be responsible to The fee required for each license under section its customers for any stolen or misrepresented 355.01, paragraphs (a), (b), (c) and (d), shall be goods sold at its place of business, in the same established by ordinance as specified in section manner as any other dealer licensed under this 310.09(b) of the Legislative Code. chapter. (Code 1956, § 342.02; Ord. No.16883, 2-11-82; C.F. (e) Exemptions. This chapter shall not apply to No. 93-1646, § 2, 11-23-93) the following. - Sec. 355.03. Licensing requirements. - (1) Any person engaged in the business of -,� j dealing in secondhattd motor vehicles or sec- (a) Exhibitions, application. The application for -`�/ ondhand parts for motor vehicles. a license under section 355.01(c) shall contain the Supp. No. 24 2101 . q5- I I � § 355.03 � LEGISLATIVE CODE • ;' �;� name and address of the person or persons who Statutes, Chapter 364) if the license is to be de- will be responsible for the conduct and manage- nied on the basis of criminal convictions. ment of the exhibition, convention, show or expa (Code 1956, §§ 342.01, 342.03, 342.05; C.F. No. sition, the names and addresses of all persons ex- 93-1646, § 3, 11-23-93) hibiting or showing secondhand goods or antiques at such exhibition, convention, show or exposi- Sec. 355.04. Regulations. tion, and the dates, time and place during which such exhibition, convention, show or exposition (a) Hours of business, minors. No person so li- will be held. censed shall keep his or her office or store open for the transaction of business on any day of the ��eek (b) Exhibitions, bond. The applicant for a li- before 7:00 a.m. or after 10:00 p.m., nor shall any cense under section 355.01(c) shall file with the person so licensed purchase or receive personal inspector a bond in the sum of five thousand dol- property of any nature from any minor. lars ($5,000.00) with a surety company duly li- censed to do business in the State of Minnesota, �b) Records. Every person licensed pursuant to said bond to be approved as to form by the city the terms of this chapter shall, at the time of pur- attorney, conditioned that the person or persons chasing an item for which the secondhand goods -� exhibiting or showing secondhand goods or an. dealer has paid fifty dollars ($50.00) or more, keep tiques shall observe all ordinances and laws in a record in which shall be clearly and legibly relation to dealers of secondhand goods and an- `'�'I'itten an accurate account or description, in the tiques and conduct the business in conformit English language, of the goods, articles, antiques Y or things purchased; t�e amount of mone� paid therewith and shall account for and deliver to any there ; the date and time of the receipt of the person legally entitled thereto any goods, wares same; the name and address of the person selling or merchandise, article or thing which may come the same, requiring identification in the form of a to his or their hands through the business trans- valid driver s cense containing a picture or a acted at such exhibition, convention, show or ex- valid State of Minnesota ident�cation card con- position or, in lieu thereof, shall pay in money to taining a picture; and the serial numbers and such person or persons the reasonable value brand names of such goods, articles, antiques or thereof. things. The record, as well as the items men- tioned herein that are bought by the licensee, shall (c) Reserved. be kept at the licensee's usual place of business. and shall be open to inspection at all reasonable (d) Investigation; approual. A copy of the appli- times by the license inspector or any member of cation for such license shall be delivered to the the police department of the City of Saint Paul. director of the department of police of said city; the director or an officer duly detailed by him for �c) Sales after reporting to the license inspector. such purpose shall investigate the applicant and No property, mentioned in this chapter, purchased report the result of such investigation to the in- b y anY Person licensed hereunder, shall be sold by spector together with the approval or the disap- or be permitted to be removed from the place of proval of such application by said director, pro- business of such licensee for a period of ten (10) vided, however, that no person shall be licensed daYs after acquisition. under the terms hereof who may at any time prior (d) Orders of chief of police. Whenever the chief to the issuance of said license have been duly con- of police or the inspector shall notify any licensee victed in any court of competent jurisdiction of hereunder not to sell or permit to be removed any having received stolen goods or of any infraction goods or article purchased by such licensee, such of the terms and provisions of this chapter; pro- goods or articles shall not be permitted to be re- vided, however, that the inspector shall follow the moved, nor shall the same be sold until such time procedures required by these chapters and Laws as may be determined by the chief of police; pro- �-�� of Minnesota for 1974, Chapter 298 (Minnesota vided, that such time shall in no case exceed the � ��;�•, Supp. No. 24 2102 � � � q 5- i ��q ��` LICENSES § 356.03 � - ., period of six (6) months from the date of such no- occupant of the dwelling where the sale is con- tification. ducted. No license may be transferred to a dif- (e) Aduertised articles. If any goods, articles or ferent location or a different person. things shall be advertised in any public news- (Code 1956, §§ 342.04, 342.06-342.11; C.F. No. paper of the City of Saint Paul as having been lost 93-1646, § 4, 11-23-93) or stolen and such goods, articles or things shall be in or shall thereafter come into the possession of any licensee under the terms hereof, said lic- Chapter 356. Sidewalk Contractors* ensee shall, upon actual notice thereof, immedi- ately thereafter give information in writing that Sec. 356.01. License required. certain goods, articles or things advertised are in �a) Sidewalk contractor. No person shall en- said licensee's possession, and shall not there- �e in the business of a sidewalk contractor in after dispose of the same except upon written au- Saint Paul without a license. , thority so to do from the chief of police of the City of Saint Paul. (b) Definition. "Sidewalk contractor" means and (fl Inspection. Any person licensed under the includes building or repairing public sidewalks, provisions of this chapter shall, at all times during �rbs, driveways, trap doors, coal holes, tunnels the term of said license, allow employees of the or areaways in, on or under any street or alley or inspector or of�icers of the police force of the City public property of the City of Saint Paul. of Saint Paul to enter the premises where said (c) Partnerships, corporations. In the event a licensee is carrying on such business for the pur- p�nership or corporation is the applicant, at least pose of inspecting such premises and inspecting one (1) of the partners and at least one (1) of the the goods, wares, merchandise and records therein Principal managing agents or officers must apply, for the purpose of locating goods suspected or al- be examined and qualify as though for an indi• leged to have been stolen or otherwise improperly yidual license. Such partnership or corporate li- disposed of. cense shall be valid only so long as at least one (1) (g) Persons claiming interest. All goods, wares individual is so qualified. or merchandise coming into the possession of any (Code 1956, §§ 220.02, 220.12) licensee under the terms hereof shall at all times be open to the inspection and right of e�ina- Sec. 356.02. Fee. tion of any person claiming to have been the owner thereof, or claiming to have had any interest The fee required is sixty dollars ($60.00). therein, when such person is accompanied by a (Code 1956, § 220.07) police officer of the City of Saint Paul; and no licensee under the terms hereof shall hide, con- Sec. 356.03. Licensing requirements. ceal or stow away any article in his or her posses- sion from any member of the police department of �a� APPlication. The application shall be made the City of Saint Paul. to the inspector and received by the inspector when completed and accompanied by such fees and bond (h) Business at only one place. A license under � may be required. The applicant shall then be section 355.01, paragraphs (a), (b) or (d), shall au- referred to the director of the department of gublic thorize the licensee to carry on its business only �,orks for examination and testing. The license at the permanent place of business desigaated in shall be issued by the inspector only upon written the license, except that a licensee may conduct an approval of the director of the department of public estate sale at the dwelling of the owner or prior works. owner of the goods, provided that all goods offered for sale are owned by or were obtained from the (b) Examination. The applicant shall, at such time and place as said public works director may • •Crosa referencea—Provisions pertaining to building and ;� housing, see Title VI; provisions pertaining to streets, side- walks, bridges and other public ways, see Title XII. Supp. No. 26 2102.1 � OFFICE OF THE CITY ATTORNEY ' r Tanothy E. ManS Ciry Allorney CITY OF SAINT PAUL Civil Dlvision �� `� Norm Coleman, Mayor 400 Ciry HaU ' Telephone: 612 266-8710 IS We.0 Kellogg Blvd Facsimile: 612 298-5619 Saint Pau� Minnesota 55102 r�� _ . � , c . Jul 21 1995 �= � i'' ` Y i c -< < ...:�: �-. �-, _ � .. ...�, ._ NOTICE OF HEARING - �w � -- u ;,. � � f � Mr. Raymond F. Smith � Encore Music 1952 University Avenue West Saint Paul, Minnesota 55104 RE: All licenses held by Eneore Music, Inc. dba Encore Music for premises located at 1952 University Avenue West, St. Paul Our File Number: G95-0291 Dear Mr. Smith: Please take notice that a hearing will be held at the following time, date and place concerning al1 licenses for the premises stated above: Date: Tuesday August 15, 1995 Time: 9:30 a.m. PlaCe: Room 41 St. Paul City Hall 15 W. Relloqq Blvd. Saint Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: John Harriqan Office of Administrative 8earinqs 100 Aashinqton square, suite 1700 Minneapolis, MN. 55401 Telephone: 872-0222 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse � - q5-��1 � action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: ��On or about June 7, 1995, a clerk in the licensed business sold property which had been received or purchased the day before, and permitted the property to be removed from the premises. This is a violation of Section 355.04 of the Saint Paul Leqislative Code, and is the qrounds for adverse action aqainst the license. In addition, the clerk knew or should have known that the praperty was stolen and recezved it and resoZd it the next day. This is an additional basis for adverse action aqainst your license. You are responsible for all actions of your employees and clerks.�� You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. Notice of Hearing - Page 2 � . � q5- � I�9 If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, � ��r/C�� anet A. Reiter � Office of the City Attorney cc: Raymond F. Smith, 2658 Chippewa Ave., North St. Paul, NIN 55109 Judge John Harrigan, 1900 Hennepin Ave., Mpls, MN 55403 Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Ed Bower, Community Organizer, Merriam Park Community Council 2000 St. Anthony Ave., St. Paul, NIl�i 55104 Sgt. Gene Polyak, SIU, St. Paul Police Dept. Mr. William C. Mantis and Ms. Chris Trost, 306 Irvine Ave., St. Paul, MN 55102 Notice of Hearing - Page 3 . ' STATE OF MINNESOTA ��^ � �� u OFFICE OF ADMINISTRATIVE HEARINGS � 100 Washington Square, Suite 1700 _ 100 Washington Avenue South •;�. .� Minneapolis, Minnesota 55401-2138 August 3, 1995 Peter P. Pangborn Paralegal City of St. Paul 400 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 RE: In Re the Licenses of Encore Music, Inc., d/b/a Encore Music; OAH Docket No. 60-2101-9908-3 , Dear Mr. Pangborn: Per your letter of today, enclosed please fmd the three subpeonas you requested. Sincerely, ' ��' V . I.OiJISE COOPER Legal Secretary Telephone: 612/349-2682 enclosure Providing Impartial Hearings for Government and Citizens An Equal Opportunity Emp{oyer Administrative Law Section & Administrative Senrices (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 � � q5-�►�� STATE OF MINNESOTA OFFICE OF ADMII�TISTRATIVE HEARINGS ; ; � HEARING SUBPOENA TO: Sergeant Eugene Polyak St. Paul Police Department 100 E. 11 th Street St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge John Harrigan of the Office of Administrative Hearings of the State of Minnesota, at Room 41, City Hall, 15 West Kellogg Boulevard, in the city of St. Paul, County of Ramsey, Minnesota, on the 15th day of August, 1995, at 9:30 o'clock in the forenoon, to appeaz as a witness in re the Licenses of Encore Music, Inc., d/b/a Encore Music; OAH Docket No. 60-2101-9908-3. YOU ARE FURTHER COMMANDED to bring and have with you, to be used as evidence in the hearing, if required, the following: Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this i of August, 1995 - �� KEVIN E. JO SON Chief Administrative Law Judge 612/341-7600 Subpoena requested by Peter P. Pangbom Telephone: (612) 266-8710 � � � q5- �� STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ... �, . HEARING SUBPOENA TO: William C. Mantis 306 Irvine Avenue St. Paul, Minnesota 55102 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge John Harrigan of the Office of Administrative Hearings of the State of Minnesota, at Room 41, City Hall, 15 West Kellogg Boulevazd, in the city of St. Paul, County of Ramsey, Minnesota, on the 15th day of August, 1995, at 9:30 o'clock in the forenoon, to appear as a witness in re the Licenses of Encore Music, Inc., d/b/a Encore Music; OAH Docket No. 60-2101-9908-3. YOU ARE FURTI�R COI�7MANDED to bring and have with you, to be used as evidence in the hearing, if required, the following: Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin . Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this � of August, 1995 ''�'/� KEVIN E. JO SON Chief Administrative Law Judge 612/341-7600 Subpoena requested by Peter P. Pangborn � Telephone: (612) 266-8710 � � q5- � �� STATE OF MINNESOTA OFFICE OF ADMII�TISTRATIVE HEARINGS ''. :' HEARING SUBPOENA TO: Chris Trost 306 Irvine Avenue St. Paul, Minnesota 55102 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge John Harrigan of the Office of Administrative Hearings of the State of Minnesota, at Room 41, City Hall, 15 West Kellogg Boulevazd, in the city of St. Paul, County of Ramsey, Minnesota, on the 15th day of August, 1995, at 9:30 o'clock in the forenoon, to appeaz as a witness in re the Licenses of Encore Music, Inc., d/b/a Encore Music; OAH Docket No. 60-2101-9908-3. YOU ARE FURTHER COI�7MANDED to bring and have with you, to be used as evidence in the heazing, if required, the following: Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this � of August, 1995 � u� KEV E. JO ON Chief Administrative Law Judge 612/341-7600 Subpoena requested by Peter P. Pangborn Telephone: (612) 266-8710 �_�C�'d �t.!1Cil ' UFFICE UF THE CITY ,=�.TT'OftNEY . _ ...__ Tun:��hy E. A4m�, C �rp :1 uunuy � F _ � I / _. ._........._ J CTTY QF SAINT PAUL CNd Uiv[SiGn 1Vornr Colama�r, Afiner a00 Ci�y Hali Ti�l�plrone: 612 3oa,Y'i10 15 Wes: Ke!!o� 61��. Facsimile: Gll lAS•561% Saint Fc7ul, bfinnreum SSIU7 Y.� August 3, I995 V7A FAX AND U.S. MAYL Judge .Iohn Harri�an C7ffice of Administrative Hearings 100 Washirtgton Square, Suiie ]700 � Minneapoiis, Minnesota ��401-2138 � � �� RE: In re The Licenses of Encore Music, Inc., d/b/a Encare Music � qq � �� .icense ID N�. 776J5 � p � Q �� 4ur File Number: G9�-0291 � � � �a- Q� � .�,� L7ear Judae Harri an: t'" � `� o � ` 'I'he purpuse �f this letter is to rei{uest subpoei�as pursuant to Minnesota Rules, part 1�UU.7U00 relating to the above-mentioned conte.sted case l�earing that is schedulyd to be heard hefc�re yo�� on Wednesday, August 1�, 1995. This rec�uest is made of behalf of Ms. Janet kleiter, the attorney �ssigned t� this matter. 'T'he City of St. Paul License llivis.ion will be calli�lg LLCSC Wlli]CJSC> tc� testify reu,arding the incident which se�ves as a basis for the action agair�st the lice��ses of Cncore �vlusic, Inc. d/b/a Encore Music. In ord�r ro ensure these individual� �vill be in attend to testii'�-, the City of St. Paul requests from the State Office of Administrative Hearinos subpaen�� for the follo�ving individuals: 1.} Ser�eant Eu�ene Polyak 2,} ti'Villiam C. Mantis St. r'aul I'olic:e Departm�nt 346 I�vi�� Aver�ue 1(?U �. llth Street St. Paul, I�'II�' S�1C?2 St. Pat,l, .ti4h 551p1 3. j Chr'ts Trost 306 Irvine Avenue St. Paul, MN 55102 lt� you need additional inforination or have any yuestion.s regardin� this request, pleas� do not hesitate to contact me. at ?_66-5776. Thank you for your �onsideration in this matter. Sincer ,� : . � ��, Peter P. angborn • Paralegal .1i_i',� ;;��,�� r-.h�:=� i=tl �_!I��Ci = ;!.l1_� l:.lii,�� =�:�=iT �r,r,T-'��=�-��IIH • QFFiC;.E OF THE CIT� ATTORhTEY TimJlhV E. Af.u.c, Cr� : irron:cl� ��, � t�/� f U CITY OF SAINT PAUL c�� vr��s�U„ �17onn Colemq� Mm�r 4UG C'i�� F/�!! Tel rphone� 61 : :GGt4710 1S ii�ist Kr![o� l31vd- F:lcsimi/t: ol? ?43-So19 Sainr Paul, Afirrn2snr:t S.ilU2 ----- FAX TRANSMtSSlON DATE: August 2, 7 995 TO: Judge Joh� Harriyan �AX No.: 349-2665 Office of Administrative Nearings C/O Louise Coo�er NUMBER OF PAGES (including cover �age): 2 FROM: Peter Pangborn FAX Na.: 298-56i9 Parafegal St. l'aul City Attorney's Office 400 City Hall !f you do rtot rrceive sd pages of rh;s transmission, please contsct: Peter Pangborn Telepho�e No. 266-8Ti'6 1�=t'�� ,=r"�h'�r� iIi 3:=�[��G _�:!.31'J;�G11►_! :!,1[:=; l•li�;�� ,��:�=�T �r�i_�T—'�t=�—�=�IIH < TR ANSACT I ON REPORT > Q � ~�!�� 8-03-1995<THU) 10:45 C R E C E I V E 7 NO. DATE TIME DESTINATION STATION PG. DURATION MODE RESULT 9020 8-03 10:43 612 298 5619 2 �°0�'S7" NORM.E OK 2 0° DO' S7'. q5-��1q Encore Music Inc. Se�tember 21, 1995 1952 University Ave W ST. Paul, MN 55104 �G� ��,�� 'r�t:�'�� r��; Nancy Anderson W/Council Research 310 City Hall 15 W Kellogg Blvd. St. Paul, MN 55102 RE: File #G95-0291 All �,icenses held by Encore Music 1952 1Jniversity Ave W St. Paul MN 55104 Counc.i.l President Throne and Members of the Council: T am writi.ng this letter in regards to the Findings of Faci: from the hearing da�:ed August 15, 1995. My concern is with Fact number 4, Tt states"Mr. hianti paid Encore Music $45.00 for the return of the bouzouki. Jay Cork had req- uested $90.00 as a finders fee. T'hat amount was negotiated down to the $45.OU actually paid. Encore Music paid $90.00 for the bouzouki. At the hearinq Mr. Mantis stated that after he receivecl his meicJzanc�ise the bouzouki and Peavey amplifer, he asked my employee Jay Cork, if the stc�re was 011t any money. Jay stated yes, $90.00. Mr. Mantis state� he didn't feel it was .r_i_gh± ±hat t::e �to�e was out rne money. Jay Cork stated that Mr. Mantis was NOT oblidated to pay us anything. Mr. Mantis s�ated that he would pay $45.00 now and if we helped him to prosecute these people trat he would pay us an additi_onal $45.d0. At this time Jay said we would consider it a finders fee. Jay NEVER REQUESTED ANY MONIES FROM N;R. MANTIS. Also Judge John Harrigon refers to tl on the last page �.ra him memorandum. The second paragraph states, "Thz only tr��u�:ling factox• is t'�.e request for a f.inc'.ers fee to Mr. Nlar.ti_s. It wotz].a �e�:m that if ErTr_ur.e �5usic. bought. stolen Merchandise it is their risk, riot t.he risk �f. t.he victim." I�gain, we rdEVER REQUESTED_ANY MONIES fro:n Mr. Mar�f�is. Mr� Mantis offered monies to us b�c:ause he d:�dn'� feel zt was right that we wer� out $90.0� . q5-i��q and that he had his bouzouki and Peavey amplifer back. I know this is what Mr. Mantis said at thE hearing. I called Janet Reiter and told her my concern and requested a cop�T of t�ie tape recording of the hearing to prove my belief. ��r.e inturn gave me a name and number of who to contuct. After several phone calls I contacted a Sandra Haven, she said she would send me a copy of the tape. Within 1 hour after talking to Sandra Haven she phoned me to say that there was a problem, that the tape recording of the hearing was blank. She said there was some static on the tape but nothing else. She was sorry, she didn't think this had ever happened before. I then contacted Janet Reiter to let her know what had happened. She stated that she would check the notes they took at the hearing and see if they had anything . Janet reiter then phoned me back to say that her notes stated Mr. Mantis OFFERED PAYMENT, that we DID NOT REQUEST PAYMENT. In closing I would just Iike to say that in the eight years Encore Music has had a license to do business in the City of St. Paul, that nothing like this has ever happened. We have always been very cooperative with the St. Paul Police Department and everyone else when it comes to stolen merchandise. We normally do hold all merchandise for the ten day waiting period. We made an exception only in this case because he was d personal friend and he was informed that the merchandise had to be accessible and the merchandise was in his office just down the street. I am very sorry that we violated Section 355.04 , we now make NO EXCEPTIONS, all merci�andise stays in the store for the ten day waiting period. Thank you. Sincerely, � /� � � t_ /:� t �v�,� �,.� r I�t,� 7 � Penny Smith Encore Music cc: Janet.Reiter, Atts. City Atty. OFFICE OF THE CITY ATTORNEY Timothy E. Marx. City Attorney CITY OF SAINT PALJL Civil Division q 5- "�q Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710 IS West Kellogg Blvd. Facsimile: 612 298-5619 Saint Paul, Minnesota 55102 �. C�� Co v..�l c: L. � e v. �.0.� � S � �4. �'1 � "19 °I S �P S -} e vr• September 25, 1995 � c � HAND-DELIVERED J �� a� Genter Penny Smith $EP 2 � 1995 Encore Music, Inc. 1952 University Avenue Saint Paul, MN 55104 +'' Nancy Anderson Council Investigation and Research 310 City Hall 15 West Kellogg Blvd Saint Paul, Minnesota 55102 RE: In the Matter of the License held by Encore Music, Inc. 1952 University Avenue Dear Ms. Smith and Ms. Anderson: Enclosed please find the City License Inspector's Exceptions to Findings, Conclusions and Recommendations regarding the above-mentioned matter. Sincerely, �� /� Janet A. Reiter Office of the City Attorney enclosure q�-�►�q STATE OF MINNESOTA OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL NO. 60-2101-9908-3 In Re the License of CITY LICENSE INSPECTOR' S Encore Music, Inc. d/b/a EXCEPTIONS TO FINDINGS, Encore Music CONCLUSIONS AND 1952 University Avenue West RECOMMENDATIONS The City of Saint Paul, acting •through its License Inspector, files the following exceptions pursuant to Minn. Stat. 1986, section 14.61, to the Report of the Administrative Law Judge (hereafter "ALJ") in the above-named matter, which was dated September 11, 1995 and filed with the City Clerk thereafter. I. Exceptions to Findings of Fact: A. Findin�2: This finding does not fully explain the circumstances surrounding the sale of the bouzouki. The two individuals who entered the store to sell the bouzouki drove up in front of the store in a white cadillac. Ms. Smith testified she saw a television in the back seat of the car. The items were purchased from a black male who was identified with a Wisconsin drivers license. The black male was accompanied by an unidentified black female who allegedly had done business at the store in the past. Sergeant testified at the hearing that Jay Cork, the clerk employed by Encore and who purchased the instrument, stated on June 19, 1995 that both Cork and 1VIs. Penny Smith, the manager, thought the transaction was "suspicious because the male who made the sale was very nervous." B. Finding 3: This finding does not fully address the testimony of the Sargeant Polyak and the facts set out in the police report, E�ibit 3. Sergeant Polyak testified that Jay Cork told Mr. Dan Boling the friend and customer who purchase the instrument that "the item 'may be stolen' and if it actually turns q5- i � out to be stolen he will have to return it to the store and the sale will be off." See Exhibit 3. C. Findin�5: This finding does not fully address the level of suspicion raised by Jay Cork's comment to Officer Polyak. Officer Polyak testified from memory and recorded Mr. Cork's response in the police report. Mr. Cork's statement was that the item "may be stolen, and if it actually turns out to be stolen, he [Mr. Boling] will have to return it to the store and the sale would be of£" ' D. Findin�6: First, this finding sta.tes the female brought in the item. However, it was clear from the testimony and Encore's records that the man identified as Thomas M. Jeffrey brought in the item for sale. He was merely accompanied by the woman who had done business with Encore in the past. Mr. Jay Cork, the clerk made the sale to Mr. Boling. The finding -- that "Ms. Smith felt that by keeping the item accessible, ... she was in compliance" -- does not reflect that Ms. Smith found out about the premature sale after the fact. Additionally, the police report filed by Sgt. Polyak, E�. 3, indicates she was not upset about the premature sale of the item. Finally, this finding insinuates there was testimony that Encore Music is proactive in attempting to determine whether goods are stolen prior to purchasing certain items. There was no testimony identifying how Encore "guards against" purchasing stolen items. E. Findin�7: This finding is inaccurate and ignores significant testimony. First, the person making the sale was a black male, Jeffery Thomas; not the woman accompanying Mr. Thomas. Second, this finding focuses on factors which allegedly made the owners "less suspicious" but fails to address the testimony of Sgt. Polyak. Jay Cork stated to Sgt Polyak, "he and Penny both thought the transaction was suspicious because the black male who made the sale was very nervous." F. Finding 8: This finding inaccurately states the item would be "promptly returned to him." More accurately, Mr. Mantis, the owner of the property, was told that the licensee, Encore Music would make a call to have the items returned to the store and Mr. Mantis would then be able to retrieve the items. G. Finding 9: This finding inaccurately reflects the testimony of Ms. Penny Smith as to the store's practices. Ms. Smith testified that the store creates a record of the items brought into the store. These forms are forwarded to the Saint Paul Police Department. There was no testimony as to any special activity on behalf of Encore Music to "detect stolen merchandise." q�-i��q II. Exceptions to Conclusions of Law: A. Conclusion 7: This conclusion states the personnel at Encore "felt" they were , in compliance with the law. Saint Paul City Ordinance 355.04 does not require there be an intent to violate the provision. Therefore, any reference as to what the personnel "felt" is completely irrelevant and does not warrant consideration as to whether a violation occurred. III. Recommendation. The ALJ recommends action be taken against the second-hand dealer license of Encore Music, Inc. but fails to make a specific recommendation as to an appropriate penalty in this matter. In the light of the absence of such a recommendation, the City License Division urges a fine of $800 plus the costs of the hearing be imposed upon the licensee, Encore Music, Inc. CONCLUSION The undersigned urges that the Council adopt the Findings and Conclusions of the ALJ only with the foregoing exceptions, as detailed in the attached Amendments to the Findings and Conclusions. In addition, the Council is urged to take adverse action against the licensee as recommended by the ALJ, but urges the imposition of a fine of $800 and the costs of the Administrative Hearing incurred by the City. Submitted this � day of f�t, , 1995. q5 � ��q TIMOTHY E. MARX CITY ATTORNEY 2 Gf� . NET A. REITER — Office of the City Attorney Attorney for the City of Saint Paul - License Inspector 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 Atty. Reg. No. 250806 4 q5-i��q APPENDIX I. Amended Findings of Fact. A. Amended Finding 2: "2. On June 6, 1995, Encore Music purchased a bouzouki from a person .................................................................. who identified himself ��7i;:;:�::;:�'��:::d�ve�'::�:°��z;;� as Thomas M. Jeffre , Y of 749 Avon Street, Saint Pau1,��1VIN. ��Thomas �M.��Jeffrey was in the company of a female who had previously sold musical equipment to Encore Music. '�?li� �iiiiiiii}i:f.i}i}: A.i}i%.i: .i}i}i:'}i'.i:i.: ?iii'.i' :::::::::::::.i'::::::::: .::::::: v:::::::::::::: . .:: . ::::.�::::::::::.�:.� :::::::::::.�:: .:. �.�:::::::::::: . . . :::::::.�::::: .::::::: .r::iii:' ,.....:..:i :...:...: .:........:...i:...:..:..: :.i...: .i. .::..i::...:.::.:..i::�....i?i".ii......:)..:•.iii..:..: Y,..:..:..{:.iiii: {.:.:...:.. ��::::�d��;►:�:��::::��:��:::: .. ::::��:>:�.�<::�F�.��::::��:: ��::::�r�:::t�::::a«��;�:::�.��,::><:;::��:::� ::.:::� :.:::::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::::::::::::.�:::: :::::.:.�:::::::: :.::: :.: ::::.:::::::::::::::::::::::: ;:li:iii::i::i::Yi:::i:i:::i::i::Yii:i::i::i::i::i::i::i :{: �::i::i::i::i::::i::::i::::i::i:i:i::iiiii::i::i::i:{:i::::i::::i::::i':::i:��:::::ii:::f::i:f::i::::i::::i::�::i::::ii'�. �::i::::i::. �:::i:::i::'�i::ii::i:::S:::::itii:ii:. . �paE�:;:�s�::::P�`°;::>:�x��:�°�::::�::::�tc��':�:::�:�q:� �€::::�a�:::a:::��€�€:�:::x�:::�:�::::��::�:�::::ci�' :::.x :::::::::::::::::::::::::::::::::::::::::::: :: .;:.;:.:�:.;:.;:.;:.;:.;:.;. ........................... . ......................�.:::.:::.::.;::;:.;:.;:.;:.;:.:.;:.;:.;;:.:.::.:;:.;:.;:.;:.;:.;:.;:.::.;:.;:.;:.;:.;:.;:.;:.::.;:.;:.;:.;:.;:<:.>::.;>:.;:.;:.:.;:.;:.;:.;:.: >:::»>::»>::::>::>::::::»:::::�� ::>::>::�:::>::::::::>::>::>::>::>::>::>:•�:::>::>::;:::::::>::>::»::»: �:::>:•::>::»::>:::� �::>:<:::: ;»::>;::»::>::»»»»>::>::�:»::>:�::>::>::>::>�:: �::>::>:::<:>::>: �:>:;:>:::•�::>::>::>:;:::»::>::>:::<::«:>::>�:<:>::>::>::. :;:: ; � .: �::::: :.:�� :. ::>::�.. � : �::: . �.;> � . : :::;� . ...:::: »�� .: <:<::� � ��:::: :: . � :. : �: �::::� � �• : � � � � � �:>: �� : � ::::: � �: �� :;:±�.:>:.::��:::::::��.� .:::�.��::a��:.:�� .:::.��t.�.: �.: � : �� : �::::�:�a. .:: �.: ��:::��:�.� .::::::: � :::::::::::::::::: ::::.:::::::::: :.�.:::::::::::::::::::::::::::::::::�.::::�.::::::::::::::::::�.::::::::::::::::::: ::.::::::::::::::::::. :::>::::: �>:::::»::»»::>::>:::::<:>x:>::»::>::::;>:� �::>::>::>::>:«<:»:«<:::>: � .>:»::>::»»::»: �::»:<:::>::>: �::>::>::>::>::>::>::>::>: :::>::>::�: :»::>::>::>::>::: >::>::>::>::>::>::>::>::>::>::>::>:::::>::>::>::»::>::>::>::>::>::>::>:::<... .. .. �<>�u � �.� � �€�::; � �a � � �::::��:::��:::�h�;::�:d�::;:t�::::��:::::��:::�► �:; .>:::�r:�_# . .:::::::�::.:::::�::: :.:::� .:::::::::::::::::::::::::::::::::::::::::.: :. ::.�::::::: :.::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::._:::. . :.::.;:.� :.:::::::::::::::: ::.:::::::::::::::::::::::::::::::::::::. :::::::::::::::::::::::::::::::::: :.::::::::::::::::::::::::::::::::: �'3�`:.:::::::::::::::::::. _:::. (Shacled text constitutes amended language.) B. Amended Finding 3: "3. On June 7, 1995, Encore Music sold the bouzouki to Dan Boling, a personal acquaintance. Dan Boling was informed by Encore Music that es�� ........................................................... •�..�., ,�v ��„�o., :: �^"", `°"::::��<:�t�':::::�::>st:a�1:�3�: and if the item were to turn up on a ... ;:.:.;:.;:.;:.; : : : : :.: : : : : : : : :.;: : : . � : : . . . . . ....:........:::: stolen report, it would have to be �returned. Dan Boling so agreed and left the store with the item." (Shaded text constitutes amended language; striken text constitutes langua.ge to be deleted.) C. Amended Finding 5: "5. Jay Kork [sic] told the police that the had let the item go to a friend only after he made the buyer, Dan Boling, aware that the item �:�„„� stolen and, if so, it would have to be returned. Having given the warnings and received assurances from Dan Boling, he let the item go out of the store." (Shaded text constitutes amended language.) D. Amended Finding 6: "6. Penny Smith, the owner of Encore Music, stated that the store had .................................................. previously purchased merchandise from the female who �.�t��i��d:::fi��;:;�i;i�i ..::.....:.................................:........: �?v�:t� brought in the bouzouki in and there were no problems. Ms. Smith and Jay��Kork [sic] questioned the woman about the item; she knew what it was and how to play it. . , . . �, �• �.• �,,.. � �oa • * a � �,o • 9 . 9ai" ^ rr�cr ^ craiAp=aEtvrrAEuco�cr8rcc6��3e�� °° cvr�zv�u�iix .................................................................................................................................... �. :.>::.;:�: :.:;» :.;;;:.::.:::>.:::>:.;:..:<.:,:. ::::;::::;:: .;;;: >:'::.::.:;•; .:::::::.::..: :::;.;:.;;:.;:.;:.;:.:;:.:.:.;:.;:.;:.:. �;:.; . �::;::<'..�.��.��:<;�'�:w�G�:::#31�::::��.:;�a:..;;:�.�'�:>:�::::::::�:a#�€��:.::: . . :::::::......:....:::...::....:.:...::::.::....:...::..... :....:....:..:.�.....:::..:::........:::...:Fx.....::::......::::...� :.>:::: <.: :;:: �:.:::.;;y. :.>:.>:.;;:.;;;;::.;:.;;;: � �.;� �::;;s: .,:,::;:::;;:::: '::;:::::::::::::::::::::::i::;: .. ::i;:::' Y:: ::::::::::::::::::: • •«««: �.'::;:::;c�: ':;::::::::::::::::::::cR:%2<� �: ; ..:::: �'�.�: .:::: :'::::...:::;:;:..'':1:�'::�.:i:::::.' ::::' '• '• •:::::::.': �:��'.::: .:.. :::: :.:.. ::::. .'::::: �': : `::i�'.' . �: :. �:::::. ,: ' :�''�'� . �a��::::��.: �.. : ��:;�:: �.:: ��.::: � :: b��:�.: � : ��: �� :: ��:.: ��.: �,.: �:�,:: �;a��:�:.::��: �:�t ...:::::::�� ::::::::::::::::�.:::::::::::::::::::::::�:::::::::::::::::: :.:: ::.:::::::::::::::::::::::::.� :::.:::::: :.::: ::.:::::::::::::: :'::i::::i)::i:ti: :y:ti:::i::::i::::i::::i::i::i:::::<i'::::i::::i::i::i::i::i::: �':i::i::i::i:i'. ::i': �::i::i::i:?:i:i::i::i::i::i : ............................................................................................. - - - �x .: s��<:�:��::<�h�::::. ..: ��afi€��.:;��:::�f;fi�:�:; � Ms. Smith further described the � .::::::::::::::::::::::::::::::::.:�.::::::::::...:::......:.. ::::..: :::..:.::::::::::::::::::::::::. ........................................................................................................ 5 q5- < <� q procedures Encore Music Follows . Encore Music files police reports on every item that comes into the store. (Shaded text constitutes amended language; striken text constitutes language to be deleted.) E. Amended Finding 7: .................................................................. "7. In this particular case, the female who �c��g��:�:��:::�;ti;:::;��A sold the merchandise had been in the store before with no � problems � and � was� �� knowledgeable about the item. Those factors made the owners of Encore <.;;;::,.:: , ::>::<: :>:<:. ��:>:;::;:.>:.::;<:.:<:.<::.<.:;>. _..:>;::.;::;�: :;::;:»:::;:: :;;::;: :.;«:::::�:.;::.:.>:;::.::::;::;:: ;.: Music less sus icious. �` ` ::<::�`q�:�`::�::>��1;��.�.>;:�#�:�?t�:�?��> ::�#�:�::::��:>:��.�`��>::::��:�.::>::�� P :::�:::::::::::.�` .::::::::::::::::::::::::�:::::::::::::::: :.:: ::.: �: :.::::::::::::::::::.:�:.:�:::::.�:�.:: :.::.�: :.:::::::::::. ............................................................................................................................................ ........................................................................................................................................................................................... ............ ;.::.;:.;;:.>.;;:.:.;:.;:.;:.:.: �i�d':::s�i:t�:::::�i'��:::�:�>::�iai'�:::::�`��:: :::>: �aE�::::�:::.;�:.. : ��:::t��><�.�:i:��:> �as:::� : . . x�:�us :.;;:.::.>:.>:.>:.>:.>:.;:.:;.;:.;:.;:.;;;:.>:.>;;::.;;:.;:.;:.:;;:.;;:.:;:.;:.;;;;:.;:.;:.; :.;;:.;�:.;:.;:.;:.;:.;:.:.;:.;:.;:.::.;:.;:�:.;:.;:;.::::.:::.;:.:.;;;:;:.;;;:.; :.;:.;:.;:.::.::.:.;:.;;:.;;;::.::.;;:.::.�:.:.:: .::.::.::.::.::.: <:»:>::>:>:>::>::>::>::>:::>:: .::>::>:>:: ,>� ::»>:<;� <::<::<::<::< :::::::::: ::.:: :.:::::::::: :.:::: .::::::: ::.:>::»:<::<:: � :::>::>::>::::>::»::>::>::>::>::>::»::>::>::>::>::;::::::::::>::>::>::>::>:<:............................. ��?�>::�:�:>:��:::��::::��:::��::::�:::�:::':t��tS::::� �� :: .>::�€��<: Shaded text :::::� .::::::::::::.�::::::::: � constitutes �amended �lan��ua��e��striken��text��constitutes lan � ua e to be deleted. g g, g g ) F. Amended Finding 8: , "8. When Mr. Mantis called about his missing bouzouki he was asked several questions about the item. When he identified the item, he was told that Encore had ' �i��i� >�: :::>::>::>:�: �:>::>::>::>::> :<:::>:«:: <:::>::>::>::>::»: :<� :::>::>::>::>:: :::>::>::>::>::>::>::>::>: �: :::>: �:>::::::> :::>::>::>::>::>::>: • �::>::>::>::;:;::>::>::>::>::>::>::>:;�::»>::»::»>::>: ::>•�:>::>::>•• �::>::>::::::>::: �:;::>::>::>::::>::::>::::>::>�:::>:>�::>�•�:::<:: �:�:::�€t��::::�:�::::w�:::��::::�::::�::::��::::�:�::::�:::��::>��,�:€�::<��::::�:::�c�.�<::a�::::�c.: ....................................................................................................................................................................................................... : � Shaded text��constitutes �� ;::;:.;:.;:.;:.;:.;:.;:.;:.;:.;:.;:.;:;;:.;:.;:.;:.;:.;:.;:.;:.;:.;:.;:.;:.;:::.:.;:.:>;:>:.;:.:>;:.;:.;:>�:>;:.;::;:.::>;:.;:.:>::>::>::>::>::>�:>�;:.;:.;:.;:.;:.;:.;:.;:.;:. ......... ��€�cs::::��iaJ:�:::: �:i�€::::�:>:��:�>::��>::��r��:::t�a:�::::it�i:� ( amended"lan' ua "e�"striken� text� �constitutes��lan ua e to be deleted. g g, g g ) G. Amended Finding 9: "9. The people at Encore Music ......................................................................................................................................................................... ;:.;:.;;:.>;�:.;:.;:.;:.;:.;:.;.:.;;::.;:.;:;:::.;:�.;:.�.;:.;��.;:.;:.; :.;:.;:.;:.;;�::.;:.;::.;:.:::.:�: . :.;:; .::::.:.::.:::.;:.>:.>:.;:.;:.;:.;;> �er•e��se ��a:��>::�::::�:��r�::::��"::�b;e�:::��.��::>��€ �::::��€�::::f�.�<::��:;::::::Th�::::fa��:::� ::.;;:.:::.;::.;;: � :.; :.:.::.::.:::.::.:>:.:::.::.::.>::.;;>:.:.;:.:.::.:::.;:.::.::.>:.>:.::.>:.;:.;::.;:;:.;::.; :;.;:.; �:.:;.;:.;:.:.:.>:.;:.;:.;:.;:.;:.;;;;:.;:.;:.;:.::.::.;:.;:.;:.;:.;:.:;.;:.;:.;:.;;::;:.;;;:.;:.: � :.>;:.;::;:.;:.;:.;:. �.;:.;:.;;;:.;:.;:.::.: ,:::.: �.::.::.::.»�>�:»>::>::::.::>:::�::::>:;:>:::::.:>::>::>: ::>:::.:>::>� :::>::>::>::>::::.:>::»»::>::>:;:>::>::>::>::>::>:; ........................................: ................................,............ ��.#�:��::.:�:«��:;:a�#:��;:;�'�;:::�`�a�:�:��:;:;:�� :.::..::.....:�#�. The do not intend or desire to ................... ......... ......... ......... ......... ..........��.....:.. Y ................................................................................................................... purchase stolen items. (Shaded text constitutes amended language; striken text constitutes language to be deleted.) II. Amended Conclusions of Law. A. Amended Conclusion 7: �� , .(Striken text constitutes language to be deleted.) 6 q5-1�� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF R.AMSEY ) JANET A. REITER, being first duly sworn, deposes and says that on the 25th day of September, 1995, she served the attached "City License Inspector's Findings, Conclusions and Recommendations" on the following named person by hand delivering to ��n� Swti�� a true and correct copy thereof at : Encore Music, Inc. 1952 Universtiy Avenue West Saint Paul, Minnesota, 55104 . JANET A. REITER Subscribed and sworn to before me this 25th day of September, 1995. N tary P lic • . ��-wN�TA RA�EY GOUWTY ' YrOallw EtpYMJrf. 91, 2000 � . . . . _ . , ..... , , .. `.a. .y1 , ; ' } � i �. J� �: � =�d ; � 3:'� �'�$it�#� 1.L4'��r�.$� � � �� '�d � .� i�� _ �' � ��Y. . .. . . :� .,-.<.�^S.�t .. , ... _. . •w.. .�N'�+.�..:'Y':. , , 'S , . OFFICB OF LICENSE� INSPECCIONS AND ENVIRONMENTAL PROTECTION Roben Rtssfir, Dir�ecwr ��5 CITY OF SAINT PAUL LOWRY PROFESSIONIL Te%phone: 612-266-9090 Norm Coleman, Mayor BUIIDING Facalmtk: 612-266-9099 Suiu 300 612-266-9124 3S0 St. Peter Street Satra Pnul, Minnesota SSIO2-ISIO �� NOTICE OF PENALTY DUE AND PAYABLE October 26, 1995 Raymond F . Sm�th RECEIVEL� Encore Music OCT 3 0 1995 1952 University Avenue Sa�nt Paul Minnesota 55104 ��TY CLERK Dear Mr. Smith: Enclosed is a copy of City Council Resolution Number 95-1179, which assesses a penalty against your City of Saint Paul Second-hand Dealer's license. This penalty is the result of an adverse license action taken by the Office of License, Inspections & Environmental Protection, for violation of local laws concerning the sale of goods before the expiration of the required ten day holding period. The penalty was enacted by the City Council for the reasons enumerated in the enclosed resolution. The total amount you are required to pay is $2,110.38. It includes a fine in the amount of $800.00 and $1310.38 in costs for the hearing held by The State of Minnesota Office of Administrative Hearings. The total amount is due and payable on or before the close of business (4:30 p.m.) on November 27. 1995. Failure to comply with these orders could be grounds for further adverse action a�ainsfi your City licenses. Please let me know if you have any questions regarding this matter. Sincerely, • /C i ^ �� . . Robert Kessler . Director c: Janet Reiter, Assistant City Attorney Lt. Gary Briggs, Vice/SIU Commander Commander Mike Smith, West Sector Christine Rozek, Deputy Director Peter Pangborn, Legal Assistant Kris Van Horn, Senior License Inspector Iaura Benton, LIEP Support Ed Bower, Merriam Park Community Council John W. Harrigan, Administrative Law Judge License File (Paper & Electronic) Fred Owusu, Citizen Service Office �.- ', Council File # �� Green Sheet # RESOLUTION ' � + CITY OF SAINT PAUL, MINNESOTA �� Presented By 4 Referred To Committee: Date 1 ItESOLVED, that the Second-hand dealer's license (#77605), held by Encore Music, Inc. 2 , d/b/a Encore Music at the premises of 1952 University Avenue is hereby ordered to pay a fine 3 of $800 and the costs of the Administrative Hearing due 30 days following licensee's receipt of s: =� invoice from the Office of License, Inspection and Environmental Protection. _ 5 • .. 6 FURTHER RESOLVED, that the Report of the Administrative Law Judge dated 7 September 11, 1995, witl� its Findings of Fact, Conclusions of Law, Recommendations and S Memorandum, is expressly ratified and adopted as the �vritten findings and conclusions of the 9 Council with the exceptions submitted by the Office of License, Inspection and Environmental l 0 Protection. (The shaded text` constitutes the amended language; and the striken text constitutes ; ' 1 l text to be deleted.): - � 12 l 3 _ Finding of Fact No. 2 is amended to read: l4 15 "2. On June 6, 1995, Encore Music purchased a bouzouki from a person who ' ! 6 identified himself wi�h :a `7V�tscorisin driver� Iicens� as Thomas M. JefFrey, o�' 749 :.;:.::.:::: :,: ;>:: ;:::,:::::,::::. :.:....:.. : : :>:. :.:.:::.:::::.. ...:.:..:;: ( 7 Avon Street, Saint Paul, MN. Thomas M. Jeffrey was in the company of a female , � 8 who had previously sold musical equipment to Encore Music T�ie twa ��diYidua�s �= <:.;:>:<.,::,::::>:>;>:::<: <:;��.:>;:» � <:::>::»;:;:;:> .. :.:.::::::::. :.::,:::<: :.::,. : :::.::::, .:::,::<:<::.;::..;� :.:: .<::<.;::;:;.;>;;;;:.;;:,:,;:.;>:;.:.;::.;:<.: ;:,::,;...:,>:;,.;;;: :: ;;;;:.;:;.;:::.;:::.::.,>� . ..... :.. ....:.. . . ��: 19 ��v� tzp fa the front p� f�ie sCoze i� a v�riz�:t� c�dzl��c :�.� t�a� tizn� IV�S. Peruly .; : � �0 Smithy the stnr�'s m�n�:�er sa:�� a teTevision in th� back seat vf th�. car �iail� :, ? 1 Pe,nny �mrtIr :and J�y Gork, an �mployee tliau�hr the �ransactson uvas suspicia�s ::` ?2 b�cause th� an�le �u�o made ��e s�te w�s ve;ry �erv�us'k � ..,: . :. ...:..... .... .. .:_...:. .. ......___ ::,.. � __. ?4 Finding of I'act No. 3 is amended to read: '� �6 "3. On June 7, 1995, Encore Music sold the bouzouki to Dan Boling, a Z7 personal acquaintance. Dan Boling was informed by Encore Music that ee� ?3 �essE�-t�e-ste�er� zh� �te�;ht m�y �� stoler� and if the item were to turn up on a Z9 stolen report, it would have to be returned. Dan Boling so agreed and left the � - >0 store with the item." �l �2 Finding of Fact No. 5 is amended to read: 33 3� "5. Jay Kork [sic] told the police that they had let the item go to a friend only �` ; 5 after he made the buyer, Dan Boling, aware that the item ��y;:�:e stolen and, if so, �6 it would have to be returned. Having given the warnings and received assurances � 7 from Dan Boling, he let the item go out of the store." ;s - 39 Finding of Fact No. 6 is amended to read: -l0 -ll "6. Penny Smith, the owner of Encore Music, stated that the store had =�2 previously purchased merchandise £rom the female who A�co�ri�i�ri�.�d t�� rz�tltii Vv�b . .::: ;..,:_ .... ...::..............:...........:.::::....... :.... �3 brought in the bouzouki in and there were no problems. Ms. Smith and Jay Kork �� 9-2.8��.s . . : q Il�� -� - �tiicJ c�uctitic�necl tlic wc►n�nii nhuul ll�c ilcn�; sl�c kticw wlu�l it wtiq tutcl how lo pltty ;: _ l t. �'� ^ r .... : • 1. C„ t • ►t,.. c-o7- t�� ^ � r � � -� � � . . :: . . � � �aiv- N�S �m�th �'ound aut fihat 3ay �ork had prematurely sold the rtems �0 7tiriz� ; 5 $3Qling, but upan. �ttdtng out: abnu� t�, �� t�lith was �t�t E��s�t a64ut the� ' . . . . .. :. . . ,:.:,r ' 6 pxetnatctre sale of tf�e item: Ms. Smith further described the pcocedures Encore � . . .: . .. .. . .... . 7 Music Follows b � . Encore Music files police 3 reports on eve,y item that comes into the store. 4 E- 9 l0 Finding of Fact No. 7 is Amended to read: �' I � � t 2 , "7. In this particular case, the female who aCCV�p�rued tll� tl�akl ��f�U sold the � l3 merchandise had been in the store before with no problems ��and was l-� knowledgeable about the item. Those factors made the owners of Encore lvlusic _ • . . : ,::;;.:;•:;; . .;::: .:>;<,:> .:>...<,;:::>;.;: ,:»> <:>: >;;:;:>.:: ::>:,,::::<>,:><;.::: ..;:.:;:;,;:,: .;;:;;,:.:: � �:.::: ,.; :.; ...;;; :.:. �: <.::.> ::<.: ::.;:..::.;:«.;»�.>;;, ' l� . less suspicious Sgt �'�Cya�c testtfied, �iawever, that the �l�rk �ay'�zzrf� had stat�c� � 16 ti��at he �nd �e,n�y bott� thought the tz�nsact�ari wA� sus�icxv�� b�cat�s� �t� �� ......... . ........ .........z ( 7 ipal� who tnad� the sa[e was very nervous. . ....:.. ........ . . . ....... .....:.. .• . is � l9 Finding of Fact No. 8 is amended to read: � , .• ? 1 � "8. When Mr. Mantis called about his missing bouzouki ke was asked several �;` ?2 , questions about the item. When he identified the item, he was told that Encore '_ 3 _ had �urC�as�� #he �tem �z,.c� �; '_4 � �tiv�utcl m�c� '� call ;t�z have the it�tn rettzrn�d to fh� stor� and l�ir. l�ant�s;wo�ld ;. ; . . .: .... ... ...... .....:... .......:. . ........ ......... :>:;::::;:;:;� : '� ��en..be..�.bl�. f�. ret�i.eve:t�:e �texia. - .............................................................. . ........... ....... :� '� ? 7 Finding of Fact No. 9 is amended to read: . �s ?9 "9. The people at Encore Music #aa��e-�abe��e �^*°� �^ -'°� ^* �* � ..:..:.:...:.: :., :.::::,..,:.: :::::.. :.: :::. ..;>. :,,::: ,.:,.::.. ::::::: ::....:�:.:... .. ;::.::.>:::.�<.;:. .. ,:.:<:<.;.....;w , .,,,...,.i.,..,,,:..,, : ;, ;o �� crtat� a recv� o� �� enns braugCxt �nfa tt�e s�c�r� �e �`azms �re } > 1 �'orwarc�ed E� th� Samt �'aul I'ol�ce Departmen� �'They do not intend or desire to ;; ;;: . . . :. .... :.:. _ ... .. .. : . . . ....... . ... .. .... ,. �2 purchase stolen items. 33 �4; > j Conclusion of Law No. 7 amended to read: �; ;� . i7 !�-t �rt,o „ ..��,,.,ot .,+ r.,,.,,..o �,r„�.,. � it .t,.,+ ft,e.. .,.o.. � . :� 3 - s �9 . . G 0 r�' �� ` �2 �; j t4 �� G6 �7 - - , s - �9 ;p - �l ,? • �� . � �. z�-�y� � ' � ' - q5- I1�19 :� ��.�. , �. „.i, :�o .k�t,�,.a.,_„�., ,. ,,., ..�., . , ... ..,,,� .., — -- -------- N � ..... ..-------- ---- - - - - --- -- ° o' ", b ,� r� � + :4 � 4e' ' , o ' � � � , .. + . . . _ �: � � . This Resolution is based on the record of proceedin�s before the Administrative Law � Judge, including the hearing on August 15, 1995, the documents and exhibits introduced therein, .� che arguments and statements of counsel for the City License Division and the Licensee on � p September 27, 1995. The report of the ALJ is attached hereto and is expressly incorporated in i t and made a part of this Resolution. ,. l3 • - - l3 A copy of this Resolution, as adopted, shall be sent by first class mail to the 1•� Administrative Law,Judge, 1nd to thc liccnsee. — IS • -� . _. _ ,:, �� ':�� :> r , Yea Navs Absent Requested by Department of: a e 4 : arris ' ' ' rimm �: uerin �'"' eqar '� - �'e t tman "' une � BY � 1 ;y t Form Approved by City Attorney Adopted by Council: Date (_� y . .'�doption Certified by Council Secretary BY . 9, Z��f� - i; B Y' Approved by Mayor for Submission to Council Approved by Mayor: Date � BY . -- ;; By: - •