94-1165 Ip Council File # C\4 - r ■ (c s
Green Sheet #
ESOLUTION
OF 'INT PAUL, MINNESOTA
Presented By
r
Referred To 11.111111111.1dilr Committee: Date
NMIPFA
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5 RESOLVED, that the on -sal - intoxicating liquor license (I.D. No. 15877) and all
6 other licenses, including Sunday on -s : le, restaurant and gambling location, held by
7 Jimbee Corporation dba Mike's Bar, James Harding, President, for the premises at 326
8 Grove Street in Saint Paul, are here! y suspended for sixty (60) days, such suspension to
9 commence Sunday, :. , 19' ' at 12:01 a.m. and continue to 11:59 p.m. on
10 Wednesday, C, 1994. .
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,f 1 , FURTHER RESOLVED, th. t the findings of fact and conclusions of law
2 contained in the ALJ Report in this ase, dated May 25, 1994, are expressly ratified and
3 adopted as the written findings and , onclusions of the Council in this matter. The
4 reasoning of the Memorandum of th • ALJ attached to the findings and conclusions is
5 also adopted, with the exception tha the Council does not agree that the police should
6 have given or needed to give the lic . nsee or his employees a warning as to these
7 offenses. Licensees are expected to • llow the law and prohibit unlawful activity in their
8 establishments without being told to do so by the police or other enforcement officials.
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10 In addition to the foregoing, 1 is Resolution is also based on (1) the record of the
11 proceedings before the ALJ, includi g the hearing on April 26, 1994, (2) the documents
12 and exhibits introduced therein, (3) e statements by James Harding and Al Unise
13 before the City Council on June 29, : 994, (4) the arguments of counsel for the parties on
14 June 29, 1994, and (5) the deliberati !1 ns and statements of the Council in open session.
15 The statements made by Mr. Hardi t and Mr. Unise to the Council are an important
16 factor because they (a) did not acce . t responsibility for the unlawful activity that took
17 place in the bar, (b) did not appreci. to the seriousness of the unlawful activity that was
18 taking place, and (c) did not indicat; an awareness of their responsibility, respectively as
19 licensee and manager, for preventin_ unlawful activity in the bar.
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21 A copy of this Resolution, as : dopted, shall be sent by first class mail to the
22 Administrative Law Judge, and to th attorney for the licensee, John - .
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Slake Yeap Nays Abse t Requested by Department of:
Harris ✓
Grimm
Guerin T T
Me and
Reitman
Thune 1 + By:
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Form Approved by City Attorney
Adopted by Council: Date Q ` Qy
Adoption Certified by Councilecretar ,,/,, 1_
By: k ` - , -i - " -- A►..- Approved by Mayor for Submission to
Approved by D
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Council
MI
By .
By: �
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SAINT
P A U L Interdepartmental Me • randum
AMA CITY OF SAINT PA
DATE: 9 August, 1994
TO: City Councilme I
FROM: Timothy E. Marx City Attorney
Robert Kessler, Director Office of LIEP
RE: Mike's Bar
The purpose of this m= morandum is to set forth our joint
recommendation for an al.ernative adverse action for Mike's Bar
based on your direction t. us at the Council meeting of July 13,
1994. We were unable to p•ovide this report to you earlier because
Mike's Bar obtained new 1-gal counsel and was unable to meet our
July 22 deadline for subm tting a proposal to us.
We did receive a two -pare proposal from Mike's on July 29, 1994
(see attached). The firs part is an offer to view tapes of the
police investigation con. cted last winter and to participate in
future sting operations. The second part is to perform community
service at the Union Gos.el Mission and the East Twins Babe Ruth
League, Inc.
We analyzed the proposal • = sed on the general direction provided to
us by the Council on Jul 13. Your direction was (1) if Mike's
took actions which would .ssist in bringing those who participated
in the sale of stolen goo.- to justice, reducing the suspension may
be appropriate; and (2 appropriate community service could
substitute for all or a p.rtion of the fine.
Based on the advice of t e Police Department, we do not believe
that Mike's proposal ould assist in bringing those who
participated in the sale .f stolen goods to justice. The tapes are
of poor quality and little useful information could be obtained
from them, and given the i,.ublicity surrounding Mike's, any future
sting would not likely •e useful. However, we do believe that
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9 \cow
Mike's offer of community service would be a tangible recognition
of its culpability and be of benefit to the community.
Our recommendation, therefore, is as follows:
1. The license suspensi.i should remain at 60 days.
2. The financial penalt, should be reduced from $20,000 to $
3,225.00 which repre -tints the cost to LIEP of conducting the
contested case heari g. This amount should be paid no later
than September 1, 19
3. Mike's Bar, as repre-ented by its principals James Harding,
Betty Harding and A Unise, should perform 1000 hours of
community service ov-r a three years for the Union Gospel
Mission and /or the Ea.t Twins Babe Ruth League to be verified
by LIEP.
4. Mike's should agree t. waive its right to appeal the adverse
action.
5. Compliance with the above should be a condition of all
licenses held by Mike's and all renewals through August 31,
1997.
6. All of the above sh.uld be incorporated into an agreement
approved as to form .,, the City Attorney which would have to
be executed by Septemi er 1, 1994 or the resolution and adverse
action originally ad4pted by the Council on July 13, 1994
would be reinstated.
All of this is incorporate. into the attached resolution for your
consideration at the Augu -t 10 Council meeting. This proposed
alternative adverse action has been presented to Mike's Bar which
has not indicated whether t would sign an agreement incorporating
the terms of the resolut on if the Council were to adopt the
resolution. Please call ether of us if you have any questions.
attachments
(1) July 28, 1994 letter fora Thomas R. Hughes
(2) proposed resolution
cc: Deputy Police Chief Lu dstrom
(w /attach)
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EWE
JUL N 9 1994 THOMAS R. HUGHES
g r$ Y
Admitted in California
and Minnesota
July 28, 1994
Timothy E. Marx
St. Paul City Attorney's Office
400 Ramsey County Courthouse
15 W. Kellogg Boulevard
St. Paul, MN 55102
RE: JIMBE Corporation, d /b /a Mi -'s Bar
Dear Mr. Marx:
I have reviewed your letter of July 1 , 1994 with James Harding and Al Unise who
operate Mike's Bar. I am sure they r John Berglund have told you and other city officials,
that the 60 day suspension and $20 .00.00 fine, if fully imposed, could mean the end to
their business, which has been oper:ting for many years. Therefore they are willing to do
whatever is necessary to reduce th fine and suspension.
Mr. Harding and Mr. Unise are willin! to admit that they should have taken positive action
to keep people out of the bar who w - re enraging in what appeared to be the sale of
stolen goods. They now recognize . nd admit that they have an affirmative duty to keep
the licensed premises free of any cr inal activity, even though they are not involved in
the activity.
As a means of mitigating the penalt Mr. Harding, Mr. Unise and the bartenders at Mike's
Bar would review the video that was taken during the investigation of the bar and attempt
to point out to members of the polic: department those people they recognize as being in
the bar selling stolen merchandise. Mile they tell me they do not know complete names
- of these individuals or where they r =. ide, they do know them by their street names and
may be able to provide some other dditional information once they see the video.
In addition, they will contact the poll' a department when someone comes into their bar
that appears to be selling stolen pro •erty or engaging in some other type of apparent
9 Lt -- I 1 � s
A, HUGHES & COSTELLO
THOMAS R. HUGHES
Admitted in California
and Minnesota
Timothy Marx
July 28, 1994
page two
criminal activity. Naturally, we woukj need a contact person in the police department they
could call when such an event occuVred.
In addition, Mr. Harding and Mr. Unise would be willing to participate in a "sting" operation
in an attempt to arrest and convict those individuals who come into the bar with stolen
goods to sell to customers. This cooperation would extend through the prosecution of the
individuals involved.
Mr. Harding, Mr. Unise and the bartelnders at Mike's Bar also would be willing to do
community service at the Union Gospel Mission which is located not far from their
business. There are a number of v jobs they are able to do and the amount and
duration of the community service tothe Union Gospel Mission would be substantial.
Finally, they propose to work with th East Twins Babe Ruth League, Inc., a group that is
managed by Steve (Moose) Youngh� use. They would put on a promotional dinner to
raise money for them, donate time aid money to their organization to assist the operation
of East Twins Babe Ruth League, Inc.
After you review this matter with your; clients, please contact me so that we can attempt to
be as specific as possible about the ietails of the agreement. Thank you very much for
your consideration in this matter. If you have any questions, please do not hesitate to
contact me.
Ve truly yours,
ilv
Thomas R. ughes
TRH/klj